Journal of the proceedings of the Constitutional Convention of the people of Georgia : held in the City of Atlanta in the months of December, 1867, and January, February and March, 1868, and ordinances and resolutions adopted / published by order of the Convention

OF THE PROCEEDINGS
jOp JHE
CONSTITUTIONAL
rCrONr VI Er Nr T) T) Or
TEOPLE OF
IN THE PITY OP ^TLANTA IN THE yMoNTHS OF PECEMBER, 1867, AND ^TANUAI^Y, J^EB^UAF^Y AND ^VlAi^cH. 1868.
AND ORDINANCES AND RESOLUTIONS ADOPTED.
PUBLISHED BY -ORDER OF THE PONVENTION.
AUGUSTA, GEORGIA : L. ji. PUGHE, -pooK AND ^"OB
1868.

52.

JOURNAL OF THE PROCEEDINGS
OF THE
GEORGIA CONSTITUTIONAL CONVENTION.

POPIES JOINTED BY ^UTHOF^ITY OF THE FOLLOWING RESOLUTION.

F POINTING PO MMITTEE

RESOLVED, THAT THE PRINTING COMMITTEE BE .AUTHORIZED TO HAVE PUBLISHED FIFTEEN fiuNDRED COPIES OF THE JOURNAL OF THIS CONVEN TION, IN PAMPHLET FORM, F.OR^ DISTRIBUTION.
J. R. PARROTT,

P. M.. SHEIBLEY,

PRESIDENT OF THE pONVENTION.

SECRETARY OF PONYENTIQN.

THE CONSTITUTIONAL CONVENTION
OF GEORGIA.
Atlanta, Ga., Monday-, Dec. 9, 1867. At the hour of 11 o'clock a* m., the members elect to the Convention, assembled in the City Hall, and were called to order by Hon, GK W. Ashburn, of Muscogee. Mr. Ashburn nominated Hon. Foster Blodgett, of Rich mond, as temporary Chairmanj for the purpose of tem porary organization. The nomination was seconded, and ratified by a vote of the delegates. Mr. Blodgett being absent, on motion of Mr. Parrott Hon. J. L. Dunning was called to the Chair. On motion of Mr. Conley, Hon. Walter L. Clift was requested to act as temporary Secretary.
2

6

JOURNAL OP THE GEORGIA

Mr. Conley moved that Order 89 of General Pope, convening the Convention, be read. The motion was adopted, and the Order fead by the Secretary.

HEADQUARTERS THIRD MILITARY DIST. )

(Georgia, Alabama, and Florida),

C

ATLANTA, GA., Nov. 19,. 1887. )

General Orders, No. 89.

WHEREAS, By General Orders No. 69, from these Head-*

quarters, dated September 19,18 b 7, an Election was ordered to be

held in the State of Georgia, on the Twenty-ninth, Thirtieth, and

Thirty-first days of October, 1867, and by General Orders No.

83, said Election was continued on the First and /Second days

of November, 1867, at which Election, in pursuance of an Act

of Congress, entitled "An Act to provide for the more efficient

government of the rebel States," and the Acts Supplementary

thereto, the registered voters of said State might vote " For a

Convention," or " Against a Convention," and for delegates to

constitute the Convention in case a majority of the votes' given

on that question should be for a Convention, and in case a

majority of all the registered voters should have voted on the

question of a Convention.

And, whereas, At an election held in pursuance of said

Orders, and in conformity to said Acts, there were polled on

the question of a Convention votes to the number of One

Hundred and Six Thousand four Hundred and Ten

(106,410), being more than one-half of One Hundred and

Eighty-Eight Thousand , Six Hundred and Forty-Seven

(188,647), the whole number of registered voters in said Statej

and of the whole number of votes polled on the question of a

Convention, One Hundred and Two Thousand Two Hun

dred and Eighty-Three (102,283), being a majority of the

same3 were cast for a Convention.

And, whereas, At said Election the following named persons

were elected as Delegates to said Convention from the respect

ive Election Districts in which they were so chosen :

From the First Election District C. H. Hopkins, James

Stewart, A. A. Bradley, Walter L. Clift, Isaac Seeley, W. H.

D. Reynolds, M. H. Bentley, A. L. Harris.

From the Second Election District T. G. Campbell, William

A. Gouldins;.

CONSTITUTIONAL CONVENTION.

7

From the Third Election District--A. M. Moore. From the Fourth Election District--F. M. Smith. From the Fifth Election District--P. B. Bedford. From the Sixth Election District--Levi J. Knight, Lewis H. Roberts. From the Seventh Election. District--M. C. Smith, W. C. Carson, J. L. Cutler. From the Eighth Election District--R. H. Whiteley, B. F. Powell, John Higden. From the Ninth Election District--H. H. Christian, William W. Dews, Charles C. Martin. From the Tenth Election District--John Murphy, F. O. Welch^ Philip Joiner, Benjamin Sikes. From the Eleventh Election District--W. H. Noble, J. A. Jackson, Robert Alexander, John Whitaker. From the Twelfth Election District--J. E. Blount, Thomas Crayton, Gr. W. Chatters. From the Thirteenth Election District--H. K. McCay, J. E. Hall, F. Snead, Robert Lumpkin, Jesse Dinkins. From the Fourteenth Election District--S. F. Salter, J. W. Trawick, Simeon Stanley, J. M. Buchan. From the Fifteenth Election District--A. J. Cameron. From the Sixteenth Election District--George Linder, E.W~. Lane. From the Seventeenth Election District--J. A. Madden, J". M. Rice, Robert Whitehead, M. Claiborne, H. H. Glisson. From the Eighteenth Election District--R. B. Bullock,,Ben jamin Conley, Foster Blodgett, J. E. Bryant, S. "W. Beaird, Alexander Stone, John Neal. From the Nineteenth Election District--D. P. Baldwin, Joseph Adkins, Robert Crumbley, John W. T. Catchings, Henry Strickland. From the Twentieth Election District--C. H., Prince, George Wallace, C. C. Richardson, Daniel Palmer, W. H. Harrison, W. C. Supple. From the Twenty-first Election District--Samuel Grove, William Griffin, Charles Hooks, Thomas Gibson. From the Twenty-second Election District--G. G. Wilbur, M. A. Potts, F, Wooten, A. Bowdoin, T. J. Speer, W. J. Howe, M. Cooper, H. M. Turner.

8

JOURNAL OF THE GEOBGIA

From the Twenty-third Election District--Posey Maddoxs O. H. Walton, S, A. Cobb, J. H. Anderson, William P. Ed wards.
From the Twenty-fourth Election District--G. W. Ashburn, J. G. Maul, Thomas Gilbert, Van Jones, J. C. Casey.
From the Twenty-fifth Election District--William Guilford, T. J. Costin, L. L. Stanford, Samuel Williams, E. J. Higbee.
From the Twenty-sixth Election District--W. H. Whitehead, W. H. Rozar, S. T. W. Minor.
From the Twenty-seventh Election District--John Harris, J. W. Christian, N. P. Hotchkiss, C. D. Davis, James C. Barton.
From the Twenty-eighth Election District--H. S. Glover, William F. Jordan, J. R. Hudson, T.P. Saffold, A. G. Foster.
From the Twenty-ninth Election District--D. G. Cotting, Lewis Pope, Josiah Sherman, James Knox, Romulus Moore.
From the Thirtieth Election District--A. T. Akerman, J. MeWhorter, E. S. Cobb, J. Bell.
From the Thirty-first Election District--S. W. Orawford, Philip Martin, W. F. Bowers.
From the Thirty-second Election District--Milton Moore, J. A. Woody.
From the Thirty-third Election District--Madison Bell, Wm. L. Marler, Benjamin Dunnigan.
From the Thirty-fourth Election District--J. Mathews, B. D. Shumate, S. E. Dailey, Shadrick Brown, J. R. Bracewell.
From the Thirty-fifth Election District--H. V. M. Miller, James L. Dunning, 1ST. L. Angier, J. H. Flinn, W. C. Lee, H. G. Cole, David Irwin.
From the Thirty-sixth Election District--J. W. Key, P. W. Chambers, J. S. Bigby, W. C. Smith, J. C. Bowden.
From the Thirty-seventh Election District--John H. Caldwell., Robert Robertson, George Harlan, A. H. Harrison, E. B. Martin.
From the Thirty-eighth Election District--T. J. Foster, J. D. Waddell, R. B. Hutcherson.
From the Thirty-ninth Election District--J. G. Lott, S. T. Houstonj A. W. Holcombe.
From the Fortieth Election District--W. T. Crane, John Bryson.

CONSTITUTIONAL CONVENTION.

9

From the Forty-first. Election District--C. A. Ellington,

Wilkey McHan.

From the Forty-second Election District--Wesley Shrop

shire, J. B. Parrott, W. L. Goodwin, George B. Burnett, Wm.

A. Fort.

From the Forty-third Election District--1. 1ST. Trammell,

John H. King, S. E. Fields.

From the Forty-fourth Election District--Presley Yates,

John M. Shields.

It is ordered: That the persons above named do meet in

Convention, at Atlanta, Georgia, Monday, the 9th day of

December, 186 1?, and proceed to frame a Constitution and Civil

Government for the State of Georgia, according to the provi

sions of the Acts above referred to, and that when tlie same

shall have been so framed, the said Constitution be submitted

for ratification to the registered voters of said State as further

required by law.

JOHN POPE,

Brevet Major General Commanding.

Official :

R. C. DKUM, A. A. G.

Mr. Blount moved that the roll be called and the absentees marked.
The motion having prevailed, the Secretary called the roll and reported one hundred and thirty members pres ent.
Mr. Akerman offered the following: Resolved, That the roll of delegates be called, and the members present vote for President of the Convention viva voce, and that the gentleman receiving the largest number of votes be the permanent President of the Convention. Mr. Campbell offered the following amendment: Resolved, That the members present, who have aspirations for the honor of President of the Convention, be requested to define their position on the subject of Relief. The amendment was neither accepted by the mover of the Resolution or seconded. Mr. Bryant moved that the Convention adjourn till to-morrow 12 o' clock.

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JOURNAL OF THE GEORGIA

The motion was lost by a vote of yeas 62 to nays 64. Mr. Bradley moved to lay the Resolution on the table. Carried. On motion of Mr. Bryant the Convention adjourned till to-morrow 12 o'clock m.

Atlanta, Ga., Tuesday, Dec. 10, 1867.
The Convention met at 12 o'clock m., pursuant to ad journment.
Mr. Dunning having called the Convention to order, and having announced the presence of Hon. Foster Blodgett, who had on yesterday been elected temporary Chairman of the Convention, then requested Mr. Blodgett to take the Chair.
Mr. Blodgett took the Chair and addressed the Con vention as follows:
6-entlemen of the Convention : I am profoundly sensible of the honor conferred on me, in
being chosen to preside temporarily over your body at this conjuncture of public affairs.
A new era has dawned upon the country. This great Re public has risen to the full grandeur of its position, and promises to fulfil its glorious destiny. The principles of the Declaration of Independence have, at length, been vindicated; no longer are they obscured in one half of the Union, by the existence of an institution which was a reproach alike to free dom and to civilization. It is now recognized as a great prac tical as well as theoretical truth, throughout the wide extent of our country, that " all men are created equal--that they are endowed by their Creator with certain unalienable rights--that among these are life, liberty, and the pursuit of happiness." The morning sun, as it rises in the east, gilds the flag of Freedom; and as it descends beneath the waves of the Pacific, it sheds its splendor upon shores where institutions are seated

CONSTITUTIONAL CONVENTION.

11

that promise to spread the priceless blessings of regulated liberty over the distant nations that have so long dwelt apart from modern civilization.
It is to be regretted that so. many of our countrymen, who have grown up under a system which subjected a part of our people to hard and degrading bondage, are slow to comprehend and to acknowledge this great fact. They cling to the ruins of a structure that now belongs to the past. They are under the dominion of ideas that no longer are represented in this country; ideas that are fast disappearing from the civilized world. The great struggle through which the country has just . passed was the natural, and may be the necessary result of the advance of the Republic in the career of civilization. It was simply impossible much longer to resist the pressure of the public sentiment of the world against the domestic institution of the Southern States of the American Union. Those who controlled affairs at the South precipitated the result by a vain effort to wrest these plantation States from the Union--an effort that involved in its failure the complete overthrow of that monstrous system which held millions of human beings in a bondage that it required a national convulsion to destroy.
To-day, the Republic is free! This Convention is a splendid exemplification of the fact. Gentlemen, I tender you my con gratulations. The whole civilized world greets you -to-day, assembled as the representatives of the people of the free State of Georgia.
Before entering upon your duties, allow me to make a few suggestions in regard to the state of this great Commonwealth for which you are about to frame organic laws. You are about to adjust the relations of the State to other States, so that it may presently be restored to the Union--redeemed, regene rated, and disenthralled, by the spirit of universal emancipation --never again to shoot madly from its orbit, but to move in harmony with the other States that compose our Republic, through all the coming ages.
The first subject that will engage your attention is one of great moment. The questions which belong to what may be called the Science of Political Economy, are always surrounded with difficulties. To provide for the wants of a great coramuaity; to regulate the supply and demand for the people of a

12

JWKNAL OF THE GEORGIA

State; to frame measures of legislation so as to relieve the pressing wants of the agricultural and commercial classes, so as to render them at the same time safe and beneficent, requires wisdom and a large acquaintance with the wants of society, even in the midst of ordinary circumstances. But especially at this time, when the people of Georgia have undergone a series of trying events, it is a difficult task to agree upon plans for their relief. Belief must be had. The whole condition of things is changed. A wealthy agricultural people, who lately enjoyed the highest prosperity, are now reduced to a condition of comparative poverty. The system of domestic industiy has undergone a complete change. Many who lately enjoyed affluence, who had invested their capital in lands, and who controlled at the same time the labor that made them yield their most valuable products, find themselves, to-day, unable to meet the obligations incurred in days of prosperity. Some of that class of our people cheerfully undertook to conduct plan tations under the new order of things, so as to meet all the claims upon them faithfully, fairly and honestly. But they have not met the success they anticipated. The low price of cotton has not enabled them to meet their engagements. They are oppressed with debts that they find it impossible at this time to discharge. Agriculture is the source of all wealth. When it prospers, all the demands of wealth abound; when it languishes, every interest in the country shares the depression. The commercial condition of our people is as much depressed to-day as the agricultural. Our merchants were hopeful, and they purchased goods, with the reasonable expectation of sup plying the wants of the planters and others, to the advantage of all parties. They are enterprising, energetic men, and deserve to succeed. But we witness the extraordinary spec tacle of a general depression in all the departments of business, at a time when a large cotton crop is in the market. I shall not undertake to enter upon a discussion of the causes that have produced this state of things. I only wish to bring to your attention the fact that the condition of our people, of all classes, demands from this body some measures of relief. Your wisdom will doubtless enable you to provide means for tha accomplishment of this object. I must not take leave of this subject without expressing my own settled conviction that

CONSTITUTIONAL CONTENTION.

13

nothing can be done to restore real prosperity until the plan of Reconstruction is accomplished, and this great Commonwealth once more takes its place in the Union and seeks protection under the segis of the Bepublic. Then will capital flow into our midst; then will our population increase; then will the channels of commerce be opened, and wealth will roll through them. Let us hope the day is not distant when we shall witness that glorious consummation.
It is proper too, gentlemen, that you should direct your attention to the preparation of the means to secure, for all classes of our people, the benefits of education. This is essen tial to our happiness and prosperity. You can not be too liberal in devising plans to secure the existence of Common Schools throughout the entire State. The waters of life should be open to all. It was estimated, some few years since, "that the State of Massachusetts alone expended more money for the promotion of education than the British Empire. The world has witnessed the result of that wise outlay. Never was there an investment that repaid so richly. Not only have the people been enlightened, but the State has been enriched. Devise liberally, gentlemen; mature a system so comprehensive as to embrace all our people, and lay the foundation deep to sup port it!
]STor should you overlook the wants of the scholar in the higher departments of learning. The University and the Com mon Schools help each other. There need be ho rivalry between them. There is a generous sympathy between scholars of every degree. Science requires the existence of these establishments, where years are devoted to the study of its several branches. But, first and foremost, take care to secure the continued existence of your Common Schools, from the mountains to the seaboard.
In all that we do here, gentlemen, let us remember that we owe a duty to our country, to ourselves, and to Christian civil ization. The task upon which we are about to enter is a noble one. We enter upon it, I trust, in the right spirit. We bring no resentments with us; we have no wrongs to avenge--no enemies to punish. Friends of the human race, we shall seek to lay the foundation of a structure which shall attest that we are not unworthy to frame the organic law of Georgia, whose

14

JOURNAL OF THE GEORGIA

motto is, " Wisdom, Justice and Moderation." We shall hope to be guided by Him who rules the Universe, and who, while He preserves the planets in their sweep through the vast regions of space, cares even for the sparrow that seeks its food from His hand, in the winter's storm.
Some have assailed us with -taunts and jeers; others greet us with cheering smiles. It is too true that some of those who were most active in bringing upon the country the troubles from which it is j ust emerging, have not been able to take a comprehensive view, of the present state of public affairs; they can not emancipate themselves from their, prejudices. But we can not stay to quarrel with such men. They may stand and rail at us, and strive to distract us from our patriotic labors; but we are engaged in a great work, and can not go down to them--we are building up the walls of a great State.
Some have expressed apprehension of a war between the races that inhabit-these Southern States. We do not share their anxiety. We are living under a Christian civilization that breathes its beneficent counsels into our hearts. It is allimportant that the two races shall live in harmony, and go on in a career -of happiness and pros perity, side by side. There must be no conflict between capital and labor; the land owners and the laborers should be friends; they must strive to advance the interests of each other. Let no prescriptive spirit sway our counsels or dictate our measures. We must be wise--we must be just--we must let our moderation be seen in all that we do.
Gentlemen, I will no longer detain you from your duties. Citizens of a great State, we seek to restore its relations to the Union. It will henceforth be a Free State--it will for ever be a member of the American Union.
The roll was called, and one hundred and forty mem
bers answered to their names.
Mr. Campbell introduced the following:
-Resolved, That persons not members of this Convention retire beyond the bar of the Convention, and that the Conven tion proceed to vote, by ballot, for permanent officers.
Hesolved, That all aspirants for the office of President send in their names to' the desk, and that all such be requested to define their position on the subject of Belief .and Suffrage.

CONSTITUTIONAL CONVENTION.

15

Mr. Akerman moved to lay the Resolutions on the table, which motion was carried.
The Resolution offered by Mr. Akerman on yesterday, was taken up, read and passed, as follows:
Resolved, That the roll of delegates be called immediately, and that the members present vote viva voee for permanent President -of the Convention, and that the person having a majority of the votes be elected.
Mr. Caldwell nominated Hon. J. R, Parrott for Presi dent.
Hon. J. L. Dunning was also nominated for the same office.
On the first ballot Hon. J. R. Parrott received 103 votes, Hon. J. L. Dunning 46, and Hon. David Irwin 2.
On motion the election of Col. Parrott was made unani mous, and he was declared to be the permanent President of the Convention.
Mr.. Blount moved that a Committee of three be ap pointed to conduct Mr. Parrott to the Chair. The motion was carried, and Messrs. Blount, Ashburn, and Miller were appointed on that Committee.
On taking the Chair, Mr. Parrott addressed the Con vention as follows:

Gentlemen of the Convention : It is with sentiments of profound gratitude that I accept the
honor which you have conferred upon me, and I may add, with sentiments of much embarrassment that I enter upon the' important duties to which you have assigned me; but im pressed with the honesty and purity of my motives, and believing that I shall be sustained by your kindness, your forbearance, and your charity, even with the slight experience in the discharge of the duties of such bodies as this, I have no misgivings as to the faithful performance of the duties of this important trust.
This, my fellow-countrymen, is perhaps one of the most important eras that has ever marked the history of Georgia.

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JOURNAL, OF THE GEORGIA

We have assembled for the purpose of making fundamental law for the government of our fellow-countrymen and our selves, and for the discharge of a great and important trust. It is now to be determined whether we have honesty, integrity and ability sufficient to perform this trust. It is a matter of the utmost. importance that our work shall be done well, be cause as the telegraph shall flash the tidings throughout the length and breadth of our g;reat country, it will gladden every patriotic heart to know that liberty still lives in our grand old Commonwealth.
All parties are looking with intense anxiety to our delibera tions; the enemies of this Convention are watching with envious eyes to see whether we shall be able to meet public expectation, and to form a Constitution which shall be for the benefit of ourselves, our State, and the whole country; and if there is one single seam in our harness: the enemy's dagger will be ready to find it, and stab .us to the heart; but if we can so manage our affairs so as 'to conform to the glorious motto of our State in better days, before war had ever desolated our homes and slain our sons; if we shall be guided by Wisdom, Justice and Moderation, we shall have nothing to fear. All will be well.
The Republican party of the nation is waiting with intense anxiety the movements of this body. Our friends will soon be able to determine whether we shall be a burden upon them, and give our enemies weapons with which to wage war upon them, or aid them in the great work of restoring our State to her place in the Union.
We should do no act that will tend to rend again the deep and ghastly wounds made by the late war, which have almost cicatrized, but we should pour upon them the soothing balm of forgetfulness and charity, so that they shall be healed, and leave no scar. In looking over this body, and in recurring to the recent gloomy past, I feel like one who, against his will, had been torn from his .home and embarked upon, an unseaworthy vessel and she swung from her moorings and launched upon a stormy sea, and rolled and dashed upon the billows for many dreaiy years, without compass or. rudder, but now taken in tow by a magnificent ship, with her streamers flying and her canvas

CONSTMtJTIONAL CONVENTION.

1?

filled with, steady windsj and the shore of my long lost land rising to my view in the distance, and I can cry home! almost home!
Many of us have come here from amongst a people who have spurned us and spit upon us, simply because we have advocated the settlement of the questions which have torn asunder the ties of friendship, and engendered the bitterest passions and prejudices amongst a war-ruined people. The bitter and pre scriptive spirit manifested toward us by our neighbors, because we desire that our State shall be placed upon an equal footing with her sisters in the Union, should not influence our action, and we should not become maddened by passion and act fool ishly because those opposed to us so act. We should form a State Government, for an unwilling people, based upon the soundest principles of justice and patriotism, and in governing them rescue human liberty from the grave; and prevent them from trampling us under foot.
When men are governed by their passions, they generally do wrong, hence the constant prayer of each delegate to this Con vention should be that he may not be influenced by the loves and hates that must perish with the hour that gives them birth, but that he may have serenity of temper, cool courage, un shaken firmness, sound judgment, and pure patriotism, that his works may shine brighter as the years shall roll on. Let us so act that when we return to those who have confided to us this great trust, they may well say:' " Well done, good and faithful servants."
We find Georgia as the great Hollander found England in 1688. Let us, like him, call to our aid the wisest and best men in the land, not to build up a party or punish enemies, but to save the State. If we have amongst us a Halifax, a Burnett, a Danhy, and a Nottingham, let us call them to our aid, and every interest will be fostered and every wound will be healed, and we shall make Georgia what William of Orange made England--the pride of all her sons.
In closing this extemporaneous address, let me assure you that the Convention must succeed in the accomplishment of the object for which it has been called, and to attain this glorious end, order must prevail in your deliberations, and you must

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JOURNAL OF THE GEORGIA

confine your action to its proper sphere. Tour presiding officer can not preserve order without your hearty cooperation; there fore let me ask the aid of each of you in this work.
In closing these crude remarks, let me assure you that my earnest effort will be to treat all with the kindest courtesy and the strictest impartiality.
Mr. P. M. Sheibley, of Floyd, was elected Secretary, and Mr. A. E. Marshall, of Monroe, was elected Assistant Secretary.
On motion the Convention adjourned till 10 o'clock to-

Atlanta, Go,,, Wednesday, Dec. 11, 1867.
The Convention met at 10 o'clock a.m., and was opened with prayer by Rev. Mr. Prettyman.
The Journal of yesterday was read and approved. M. J. Hinton was elected Sergeant-at-Arms; William H. DeLyon, Doorkeeper; T. G. Campbell, Jr., Messen ger ; and Eev. Wesley Prettyman, Chaplain. Mr. Akerman offered the following:
Resolved, That in view of the afflicted condition of the people of Georgia, especially of the agricultural and laboring classes, which is greatly aggravated by the recent depression in the price of our principal exports, this. Convention does respectfully, but most earnestly, request the Congress of the United States, as a measure of policy, conciliation, justice and humanity, to repeal the special tax on cotton; the repeal to operate on the crop of the year 1867.
Resolved, That the President of the Convention be directed to transmit copies of these Resolutions to the President of the Senate and Speaker of the House of Representatives of the United States, with a request that they be presented to those bodies.

CONSTITUTIONAL CONTENTION.

10

Mr. Costin moved to take up the Resolutions. The ffiotion was carried.
Mr. Richardson moved to lay them on the table. Car ried.
Mr. Conley offered the following:
Resolved, That the Secretary of this Convention telegraph to the Provisional Governor of Georgia, requesting him to forward for the use of the Convention, two hundred copies of the pamphlet containing the proceedings of the Convention of 1865, including the Constitution as adopted in said Convention, if that number of copies are in his possession.
On motion the Resolution was taken up, and passed. Mr. Costin offered the following:
Resolved, That the Messenger be authorized to furnish this Convention with water.
The Resolution was laid on the table. Mr. Blount offered the following:
Resolved, That a Committee of three be appointed by the President, to draft Rules of Order for this Convention; and to have them printed for the use of said Convention as early as possible; and that the names of the delegates of the Conven tion be printed with the Rules.
On motion the Resolution was taken up, and adopted. In pursuance of this Resolution, the President ap pointed Messrs. Blount, Waddell, and McCay. Mr. Speer offered the following.'
Resolved, That the Messenger be directed to furnish seats and desks on the floor of the Hall to all Reporters of the Press, and that all persons, except the officers of the Convention, be excluded from the main body of the Hall.
Mr. Hopkins offered the following as a substitute for the Resolution of Mr, Speer;
Resolved, That all Proprietors and Reporters of the Press be allowed scats on this floor, provided they do not abuse the privilege.

20

JOURNAL OF THE GEORGIA

Mr. Dunning offered the following as a substitute for the original of Mr. Speer and the substitute of Mr. Hopkins:
Resolved, That all bona fide representatives of the Press shall have and hold seats in this Convention, so long as they do not misrepresent the action of members, or the proceedings of this body.
The substitute of Mr. Dunning was adopted. Mr. Hopkins offered the following:
Resolved, That General Pope, General Sibley, and all their staii officers, and Colonel Hulbert and his staff officers, be invited to seats on this floor.
On motion the Resolution was taken up> and adopted. Mr. Bullock offered the following;
Resolved, That a Committee of seven be appointed by the President to wait on General Pope, Commanding the Third Military District, and inform him that, in obedience to General Order No. 89, this Convention is now assembled and organized, and invites his presence in the Convention at his pleasure.
The Resolution was taken up and adopted, and the Presi dent, in pursuance thereof, appointed Messrs. Bullock,, Ashburn, Miller, Trammell, Costin,Whiteley, and Turner.
On motion the Convention adjourned till 10 o'clock a. m., to-morrow.

Atlanta, Ga., Thursday, Dec. 12, 1867.
The Convention met pursuant to adjournment. Prayer by the Chaplain. On motion of Mr. "Waddell the call of the roll was dis pensed with. The Journal of yesterday was read. Mr. Harris gave notice that he would move a recon sideration of so much of the Journal as relates to the action of the Convention on the Resolution of Mr. Akerman relative to the Cotton Tax.

CONSTITUTIONAL CONVENTION.

21

Mr. Adkins gave notice that lie would move to recon sider the action of the Convention .on tie Resolution. inviting Governors and ex-Governors to seats in the Hall.

On motion of Mr, Akerman the Journal was amended so as to read in the words of his [Resolution relative to the Cotton Tax.

On motion of Mr. Prince the name of Mr. Richardson was inserted in the Journal instead of that of Mr. Saffold on the motion to adjourn.
Mr. Harris then moved to reconsider the action of the Convention on the subject of the Cotton Tax,
Mr. Richardson moved to lay the motion on the table. Mr. Saffold rose to a point of order on the proposition to lay the motion to reconsider on the table. The President overruled the point of order, whereupon Mr. Saffold appealed therefrom. The decision of the President was sustained. Upon the question of reconsideration the yeas and nays were demanded.

Those who voted in the affirmative, are Messrs.

Adkins,

Alexander,

Ashburn,

Bentley,

Beaird,

Baldwin,

Bryant,

Bullock,

Campbell,

Casey, '

Clift,

Chatters,

Claiborne,

Dunning, .

Gilbert,

G-oulding, .

Harris,

.

Harrison,

Joiner,

Jones, Linder, Maddox, Moore, Murphy, Noble, Pope, Prince, Eeynolds, Richardson, Eozar, Sikes, Shermari, Stewart, Supple, Wallace,
Welch, Whitehead, Woodey.

JOURNAL 02 THE GEORGIA

Those who voted in the negative,, are Messrs*

Akerman,. Angier, Bell, Bowden of Campbelly Bowden of Monjroes. Bowers, Blodgett., Bigby, Blount,
Bryson, Bradley, Buchan,. Burnett, Carson, Cameron, Catching,. Caldwell, Christian of Newton,Christian of Early, Chambers, Cooper, Cobb of Houston, Cobb of Madison,,, Costin, ' Conley, Crane, Grawford, Crumley, Cutler, Davis, J) alley, Dews, Dunnegan^ Edwards, Mlington,, Fields, Flynn, Fort, Foster of Morgan, Foster of Pauldingf Glover, Goodwin, Gove, Griffin, Harris of Newton,Higbee,

Hooks, Hovre, Hudson, Hntchisonj, Jackson, Jordan,. Key, King, Lee, tott, Lumpkiny Slarler, Sfaull,
Martin of Calhounf Martin of Carroll, Martin of Habersharriy McHan,, McCay, Minor y Miller, McWhorter, Moore of Pierce^ Moore of White,. Neal, Potts, Powell, Roberts, Robertson, Saifold, Saulter, Shields^ Seely, Smith of Charltofi,, Smith of Coweta, Stoith of Thomas^ Speer,
Shumate, Stanf'oi'dy Stanley, Strickland,, Trammell# Trawick, Turner, Walton, Waddell,

CONSTITUTIONAL CONVENTION.

23

XTigden, Hotchkiss, Houston, Holcombe,

Wilbur, WMteley, Williams, - Teates.

There are yeas 38; nays 102. So the motion to recon sider did not prevail.
Mr. Hopkins was excused from voting on the foregoing proposition.
The motion of Mr. Adkins to reconsider the action of the Convention on the Resolution tendering seats in the Hall to Governors and ex-Governors, was taken up and lost.
Mr. Bullock offered the following Ordinance, which,, on motion -was-.taken-.up, to-wit:
WHEREAS, The question of affording some relief to the people of Georgia from the burden, of indebtedness which is now oppressing them, is likely to be acted upon by this Con vention at some future day.; And, whereas, large amounts of property are now levied on, and about to be sacrificed at Sheriff's sales; And, whereas, the debtors in such cases should be entitled to the benefits which may be conferred on other debtors by the future action of this Convention. Therefore,
Be it Ordained by the people of Georgia in Convention assembled^ and it is hereby Ordained by authority of the, same, That from and after the passage .of this Ordinance, all levies, which have been, or may be made under execution issued from any. Court of this State, shall be suspended until this Convention shall have taken, or shall have refused to take, final action on the matter of Relief, and. that all sales under execution in violation of this Ordinance, shall be null, void, and of no effect.
Mr. Akerman offered to-amend by adding "except in cases where levies and Bales are authorized by the Act of the General Assembly, passed in December, 1866," and moved that the Ordinance and amendment be made the special order for Monday next.

24

JOURNAL OF THE GEORGIA

Mr. Hotehkiss offered a substitute for the Ordinance

and amendment. .

.

Mr. Richardson called for the previous question, which was sustained.
The main question was then put, and the Ordinance of Mr. Bullock passed without amendment.
Mr. Blouut, Chairman of the Committee on Eules, made the following report, which was taken up and read, to-wit:

RULES OF THE CONVENTION.

1st. The President having taken the Chair, the Convention shall be opened with prayer. A quorum being present (to ascertain which the President may order the roll to be called, which shall otherwise be omitted) the Journal of the preceding day shall be read; immediately after which, it shall be in the power of any delegate to move for a reconsideration of any matter therein. contained (provided such delegate, at the time of reading such matter, shall notify the Convention of his intention to move such reconsideration), except such matter as has been heretofore reconsidered. .
2d. Every Ordinance or .Resolution having been passed or lost, and again reconsidered, shall immediately thereafter be taken up and finally disposed of in the order wherein the same shall have been reconsidered, unless otherwise directed by the Convention.
3d. No delegate shall interrupt the business of the Conven tion, by conversation or otherwise, while the Journal or public papers are being read, or when any delegate is speaking in debate.
4th. "When any delegate is about to speak or deliver any matter in the Convention, he shall rise from his seat and address himself to the Chair; he shall confine himself to the question under consideration, and at all times avoid personality.
5th. No delegate shall speak more than twice in any one debate on the same day, without leave of the Convention.
6th. When two delegates rise to speak, the first that rises shall be first in order, which shall be determined by the Presi dent.

CONSTITUTIONAL CONVENTION.

25

7th. No motion shall be put or debated until the same be seconded.
8th. When a motion.is made and seconded, it shall be reduced to writing, when required by the President or any delegate, delivered in at the table, and read, before the same shall be debated.
9th. When a question is before the Convention, no motion shall be received but to adj ourn.; to lie on the table, which is not debatable; to postpone indefinitely, which is debatable; to postpone to a certain day during the session of the Convention; to refer; to amend--which several motions shall have prece dence in the order they stand here arranged. The motion for adjournment shall always be in order,.and decided without debate; but the motion for adjournment a second time shall be out of order until some action is taken by the-Convention, after the rejection of the former motion to adjourn.
10th. The previous question being moved and seconded by a majority, the question from the Chair shall be: "Shall the main question now be put?" and if the yeas prevail, the question shall then be put.
llth. If a question in debate contains several points, any delegate may have the same divided.
12th. When the yeas and nays are called by one-fifth of the delegates, each delegate called upon shall (unless excused)declare openly, and without debate, his yea or nay to the ques tion; and upon the call of the House, the delegates shall be taken by their names, in alphabetical order, and no delegate shall be allowed to change his vote, after the result has been pronounced by the Chair, unless by consent of- the Convention.
13th. When a delegate wishes to introduce an Ordinance, he shall rise from his seat, address the.Chair, read the caption., and report the same instanter; and. these reports, in point of order, .shall hold the place of reports from Committees; but all Reso lutions expressing the opinion of the- Convention shall lie at least one day on the table, unless otherwise ordered by a ma jority of the Convention.
14th. No Ordinance shall be committed until it shall have been twice read., after which it may be referred to a Com mittee.

26

JOTTKNAL OF THE GEORGIA

15th. When a delegate is called to order, he shall take his seat until the President shall have determined whether he is in order-or not, without debate, and if there is a doubt in his mind, he may call for the sense of the Convention ; but any delegate, being dissatisfied with the decision of the Chair, may appeal therefrom to the Convention.
16th. If a delegate be called to order for words spoken, the exceptional words shall be immediately taken down in writing.. that the President niay be better enabled to judge of the matter.
17th. When a blank is to-be filled, and different sums and different days are proposed, the question shall be taken on the highest sum and most distant day first.
18th. All petitions or memorials shall be numbered as they are received, and taken up aBd decided on in the same order as they were received.
19th. No delegate shall absent himself from the service of the Convention without leave first obtained; and in case a less number than a quorum of 'the Convention shall convene, they are hereby authorized to send the Sergeant-at-Arms for any and all absent delegates, as a majority of such delegates present shall agree, at the expense of such absent delegates respec tively, unless such excuse for non-attendance shall be made as the Convention, when a quorum is 'convened, shall judge suf ficient.
20th. No delegate shall leave his seat'after adjournment until the President shall have left the Chair.
21st. The following shall be the Standing Committees of the Convention, and appointed by the President: Committee OB Privileges aad Elections; OH Petitions; on Enrollment; on Journals. Also, the following Committees, consisting each of seven members, for the purpose of preparing a Constitution: on Bill of Rights; on Franchise; on Legislative Department j on Executive Department; on Judiciary Department; on Edu cation ; on Militia; on Relief. And there shall be a Committee, consisting of the Chairman of preceding Committees, on Revi sion or Consolidation, and the President of the Convention shall designate the Chairman of the last named Committee; a Committee on Printing, and an Auditing Committee; and no addition shall be made to the Standing Committees of the

CONSTITUTIONAL CONVENTION-

27

Convention except by a majority vote of the Convention; and a minority of any Committee shall have the right to report, provided the majority shall fail to do so within a week after reference, unless upon good reason shows.
22d. The unfinished business in which the Convention was engaged at the last preceding adjournment shall have prece dence in the'order ef the day.
23d. No standing Rule of the Convention shall be altered without one day's notice being given expressing the intended alteration; HOT shall any Bale of the Convention be suspended except by a vote of two-thirds of the delegates present.
24th. The President may at any time call a delegate to the hair to preside over its deliberations. In case of indisposition or absence of the President, the Conveatioa may elect a tem porary Chairman.
25th. All Ordinances read a second time, and referred to a 'Committee of the Whole, shall, unless otherwise ordered by the Convention., be taken HJ> as reports of the Committee.
26tL Cushing's Manual shall be authority on all questions not provided for and not in conflict with the foregoing Bules, as far as applicable.

<QRBEE QR THE DAT.
I. Unfinished Business of the last adj ourriment. II. The Soil shall be called alphabetically for the introduction
of 2STew Matter. III. Reperts of Committee on the Whole. IV. Ordinances of a third reading,
V. Ordinances f a second reading.
Mr. Bradley moved to strike out Rule third. The mo tion prevailed.
On motion of Mr. Akerman the blank was filled by the following, to-wit-; "No delegate shall interrupt the busi ness of the Convention, by conversation or otherwise, while the Journal or public papers are being read, or When any delegate is speaking in debate."
Mr. Akerman moved to amend the ninth Sule by adding after the word "table," in the second line, the

28

JOURNAL OF THE GfEOESM

words " which is not debatable;" also, to amend the parenthetic clause of said Eule by striking out the last line and inserting " until some action is taken by the Convention after the rejection of the former motion to adjourn." The amendments were adopted..
Mr. Conley moved to amend the tenth Eule by striking out the word "majority" and inserting "one-fifth." The motion was lost.
On motion of Mr. Akerrnan the' twelfth Eule was amended by striking out the word " same" and insertingin lieu thereof the word " result."
Eule thirteenth was amended, on motion of Mr. Akerman, by striking out the words "on leave" from the third line.
Mr. Hopkin-s moved to amend the fourteenth Eule by striking out the word "twice" and inserting the word "once-." Motion lost.
Mr. Conley moved to amend the twentieth section by striking out the word "room" and inserting the word "chair." Adopted.,
Mr. Bradley moved to amend the eighteenth section by striking out all after the word "memorials" and inserting in lieu thereof the words "shall be referred to appropriate Committees." The motion was lost.
Mr. Caldwell moved to amend the twenty-first Eule by striking out all after the word "Journals" to the words "on Printing," and inserting in lieu thereof the words,, "also, the following Committees, consisting of seven members eachf for the purpose of preparing a Constitu tion, to-wit:. on Bill of Eights; on Franchise; on Legis lative Department; on Executive Department; on Judi ciary Department; on Education; on Militia; on Belief.. And there shall be a Committee, consisting of the Chairman of the preceding Committee, on Eevision or Consolidation, and the President of the Convention shall designate the Chairman of the last named Committee."

CONSTITUTIONAL CONVENTION:

29

Mr. Saffold offered the following as a substitute for the amendment proposed by Mr. Caldwell, to-wit: "There shall be a Committee on Election, on Enrollment, on Journals, on Pay and Mileage, on Printing, on Auditing of Accounts, to consist of five each; and a Committee on the Constitution, to consist of one from each Judicial District," which substitute was, on motion of Mr. Bryant, laid on the table.
Mr. Bradley moved to strike out all of the twenty-first Rule, which motion was lost.
The previous question was called and sustained. The main question was put and the amendment offered by Mr. Caldwell adopted without amendment..
Mr. Bullock, from the Special Committee appointed to wait upon General Pope, and inform him of the organi zation of the . Convention, offered the following report^ which was, on motion, taken up, read, and received, to-wit:

The Committee of Seven, appointed to -wait upon General Pope, respectfully report that they have performed that duty.
Gt-eneral Pope desired us to convey to the Convention an expression of his appreciation of the honor conferred on him by this body, inviting his presence, and will, at an early day, avail himself of the privilege.
He congratulates .the people of the State upon the progress that has been made toward reconstruction,, by a. harmonious organization of the Convention.
The Committee extended through General Pope an invitation to his staff, to General Sibley and staff, to General Swayne and staff, and to Colonel Hulbert and staff, to visit the Convention at their pleasure.
All of which is respectfully submitted.
R. B. BULLOCK, Chairman.

The twenty-first Rule was, on motion, amended by striking but the word li two-thirds" and inserting in lieu thereof the words ""a majority..."

SO

JOURNAL OF THE GEORGIA

On motion of Mr. Akerman the President was requested to appoint the Chairman of the Committee on Revision.
On motion of Mr. Hopkins the twenty-fourth Rule was amended by striking out all after the word "delibera tions."
The same was further amended, on motion of Mr. Bradley, by adding thereto the following: " That in case of indisposition or absence of the President the Conven tion may appoint a President pro tern." ,
The twenty-sixth Rule was, on motion, amended by inserting between the words "for" and "in" the words "when not." It was further amended by striking out the word "Jefferson's" and inserting in lieu thereof the word "dusting's."

On motion of Mr. Marler the report, as amended, was adopted.
On motion of Mr. Whiteley it was ordered that a list of Delegates, with their Counties and Districts, be printed with the Rules of the Convention.
Mr. Jordan offered the following Resolution, which was taken up, read, and agreed to, to-wit:

Resolved, That all Ordinances and Resolutions shall be signed by the President and attested by the Secretary, which shall be sufficient authenticity.
On motion of Mr. Speer two hundred copies of the Rules were ordered to be printed, for the use of the Convention.
Mr. Hopkins offered an Ordinance for the relief of the incorporated Banks and Banking Institutions of the State of Georgia and the stockholders thereof, which was read the first time.
The Convention, on motion, then adjourned until to morrow morning 10 o'clock.

CONSTITUTIONAL CONVENTION.

81

Atlanta, Ga., Friday, Dec. 13, 1867.
The Convention met pursuant to adjournment, the President in the Chair.
After prayer by the Chaplain, the Secretary proceeded to read the Journal.
Mr. Holeombe gave notice that he would, at the proper time, move to reconsider the Ordinance passed on. yester day, relating to temporary relief.
Mr. Akerman gave similar notice. Mr. McCay gave notice that he would move to recon sider the twenty-first Rule, adopted on yesterday. Mr. Trammell gave similar notice. Mr. Bryant moved to correct so much of the Journal of yesterday as refers to the twenty-first Rule; which Eule was amended by striking out all after the word " Journals" and before the words " on Finance," and inserting in lieu thereof the amendment offered by Mr. Caldwell; also by striking out the words " relief on suf frage," which motion was adopted. Mr. McCay moved to correct so much of the Journal as refers to the decision of the President and appeal of Mr. Saffold: the fact being the President decided the motion of Mr. Richardson to be in order; Mr. Saffold appealed from the decision, and upon the appeal the President was sustained--which motion for correction of the Journal was adopted. Mr. Bradley moved for a correction of that part of the Journal relating to his motion with reference to the twenty-first Rule, which was to strike out the Rule and insert in lieu thereof the amendment offered by Mr. Caldwell--which motion for correction was adopted. Mr. Akerman moved to correct so much of the Journal as refers to the appointment of the Chairman of the Com mittee on Revision-, by substituting the name of Mr. Ashbxirn in lieu of his--which motion was adopted.

8z

JOURNAL OF THE GEORGIA

Mr. Saffold moved to correct that part of the Journal referring to the call for the previous question upon the Ordinance granting temporary relief, by substituting the name of Mr. Blodgett in lieu of Mr. Richardson's, which motion was adopted.
Mr. Dunning 'offered the following Resolution :

JResoIved, That the Secretary be authorized and instructed to furnish the necessary stationery for the use of this Conven tion, and to employ a sufficient number of Clerks to insure a correct and full report of its proceedings.

Mr. "Whiteley moved to amend by striking out the words " a sufficient number of Clerks," and inserting in lieu thereof the words " one Enrolling Clerk," which motion was accepted.
Mr. "Waddell moved to amend by striking out the words "one Enrolling Clerk," and inserting in lieu thereof the words "a, sufficient number of Clerks, not to exceed seven," which motion was adopted, and the Resolution as amended passed.
Mr. Akerman moved to reconsider the Ordinance, passed on yesterday, granting temporary relief.
Mr. Bryant moved to lay the motion to reconsider on the table, which motion was withdrawn.
Mr. Martin called for the previous question upon the motion to reconsider, which call being sustained, Mr. Speer called for the yeas and nays, which were ordered, with the following result:

Those who voted in the affirmative, are Messrs.

Akerman, Angler, Bell of Oglethorpe, Bell of Banks, Bowers, Bigby, Blount, Bryson, Cameron,

Hooks, Hudson, Hutcheson, Jordan, Key, King, Lee, Linder, Lott,

CONSTITUTIONAL CONVENTION.

.3

Christian of Newton,

Christian of Early,

Cobb of Madison,

Crane,

Crawford,

Crumley, '

Cutler, '

Da-vis,

Dews,

_

Dunnegan,

'

Ellington,

Fields,

Flynn,

Foster of Morgan,

Foster of Paulding,

Glover,

Gove,

Griffin,

Harrison of Carroll,

Higden,

Plotchkiss,

Houston,

Holcombe,

Maddox, Marler, Martin of Carroll, Martin of Calhoun, Martin of Habersham, McHan,
McOay, Minor,
Miller, 'McWhorter, Powell, Roberts, Robertson,
Saffold,
Shields, Smith of Thomas, Speer, Shropshire,
Stanford, Trammell,
Wad dell, Whitehead of Butts, Yeates.

Those who voted in the negative, are Messrs.

Adkins,
Alexander, Anderson, Ashburn, Bedford,
Bentley, Beaird,
Baldwin,
Bowden of Campbell, Bowden of Monroe, Blodgett, Errant,
Bracewell, Bradley, Buchan,
Bullock, Burnett, Campbell,
Carson,
Catching, Casey,
Caldweii, " Clift,

Hopkins,
Howe, Jackson, Joiner, Jones,
Knox, Lumpkin, . Madden,
Maull, Mathews, Moore of White, Murphy,
ISTeal, Noble, . Palmer,
Pope, Potts, Prince, . Reynolds, Rice, Richardson, Kozar, Saulter,

84

JOURNAL OF THE GEORGIA

Chatters, Claiborne, Chambers, Cooper,
Cobb of Houston, Costin, Conley, Crayton, Daley, Dinkins,
Dunning, Edwards,
Port, . Gibson,
Gilbert, Gpodwin., Golden, Guilford,
Harris of Chatham, Harrison of Hancock,

Sikes, Seeley, Sherman, Smith .of Chaiiton,
Shumate, Stewart, Supple, Stanley, Stone, Strickland,
Trawick, Turner,
Walton, Wallace, Welch, Wilbur, Whitaker, Whitehead of Burke,
Whiteley, Williams.

There are yeas 64; nays 86. So the motion to recon sider was lost.
Mr. Foster moved to take up the Resolution having reference to the tax on cotton.
The Resolution was called for, and Mr. Whiteley offered the following as a substitute, which was accepted and adopted:

WHEREAS, The successful culture of cotton in Georgia is essential to the prosperity of the people and the full develop ment of the material interest of the State; and, whereas, the encouragement given to its production abroad during the war has largely increased that production, which has, in connection with other causes, so reduced its value as to seriously endanger its continued cultivation as a leading staple by our people. Therefore,
Hesolved, That the Convention do recommend the repeal of the Cotton Tax, and, if practicable, the application of the repeal to the present crop.
JKesolved, That the Convention considers its repeal as essen tial to the continued successful cultivation of cotton, as the great staple of the country, and as a measure of relief to both agricultural capital and labor.

CONSTITUTIONAL CONVENTION.

85

Resolved, That the Convention having confidence in the Lonest desire of the Government of the .United Stales, to aid in restoring the prosperity. of the people of Georgia, and the development of all her material interest, do hereby request the President of the Convention to forward a certified copy of these Eesolutiofis to. the President of the United States, the President of the Senate, and the Speaker of the House of Representatives, with a request .that they be presented at an early day-to both Houses of Congress,

Mr. Trammell offered a Resolution that the delegates do then proceed to draw for seats, which was adopted.
The drawing having been completed, Mr. Blount moved tq repeal it
Mr. Bryant moved to lay the motion on the table, which motion prevailed.
Mr. Blodgett moved that when the Convention did ad journ that it would adjourn till 10 o'clock Monday morn, ing, which was adopted.
Mr. Blodgett moved to suspend the Rule, so as to allow Mr. Turner to introduce an Ordinance.
The Rule was not suspended. On motion of Mr. Trammell the Convention then ad journed.

Atlanta, Ga., Monday, Dec. .16, 1867.
The Convention met pursuant, to adjournment, Prayer by the Chaplain. By order of the President,, the Secretary proceeded to call the roll for the purpose of perfecting, the same; after which the Journal was read, The regular : order being the call of the roll for the introduction of new matter, the Secretary proceeded therewithj when the following Ordinances and Resolu tions were offeredj to-wit!

36

JOtTEJiTAIj OS1 THE (JEOEGIA

By Mr. Adltins--A Resolution declaring all citizens, of whatever race or class, entitled to the same rights and privileges, unless disfranchised for crime or incapacitated by mental imbecility. Read the first time.
By Mr. Akermaa (Mr. Shropshire in the Chair)--A Resolution providing for a recess from the 19th instant until 'the 8th day of January next; declaring the members entitled to mileage to and from their homes, but not entitled to per diem compensation during the recess. Also, giving leave to the Standing Committees to sit during the recess, and to receive their per diem compen sation for such days as they actually sit. Read the first time.
By Mr. Ashburn--An Ordinance in relation to vacating the civil offices of the State, or Territory of Georgia, and for other purposes therein named. Read the first time.
By Mr. Foster Blodgett--A Resolution declaring that the per diem and mileage of the members of this Con vention be the same as paid to the members of the last General Assembly. Read the first time.
By Mr. Bigby--An Ordinance to extend the time of settlement by Tax Collectors with the Comptroller and Treasurer. Read the first time.
By Mr. Bradley--A Resolution declaring that no member of this Convention shall be called to account by another member for words used in debate, and providing that a violation of this rule shall be punished by the President's censure, or expulsion by the Convention. Read the first time.
By Mr. Campbell--An Ordinance declaring imprison ment for debt forever abolished in the State of Georgia. Read the first time.
By Mr. Davis--An Ordinance to afford permanent relief to the people of Georgia. Read the first time.

CONSTITUTIONAL .CONVENTION.

87

By Mr. Davis--An Ordinance suspending the collection of State and County taxes, for the present year, until the first day of April next, and for other purposes therein mentioned. Read the first time.
By Mr. Dunning--A Resolution to prevent the sale of 'lottery tickets ia the --State of ^Georgia. Read the first time.
By Mr. Fort--An Ordinance exempting from levy and sale, under any execution, order, or decree from the -courts of this State, or any officer thereof, the homesteads of citizens '&r heads of families, and for other purposes therein mentioned. Read the first time. .
By Mr. Gibson--A Resolution directing the Secretary to furnish each of the members of this Convention fifteen copies of the Daily New Era each day during the session, Read the first time,
By Mr. Goodwin--An Ordinance to declare null and void an Act of the Legislature of the State of Georgia, entitled " An Act to change the name of Cass county, and for other purposes therein mentioned," approved December 6th, 1861, and for other purposes herein men tioned. Also, a substitute for the ordinance of Mr. Ashburn, in relation to vacating the civil offices of this State; which substitute declares it to be the sense of this Convention that, under the reconstruction laws, it is the right and duty of this body not only to frame a Constitu tion, but also to frame a civil government; and, to frame a civil government, it is the right and duty of this Con vention to declare vacant all offices in the State, and either to fill the same by the action of the people here assem bled, or by general election at the precincts of the State, as this body may deem best. Read the first time.
By Mr. Hopkins--An Ordinance to point out the mode of paying the fees, now allowed by law, of the Solicitor
4

38

JOURNAL OF THE GEORGIA

General of the Eastern Judicial Circuit of Georgia in certain cases, and for other purposes therein mentioned. Read the first time.
By Mr. Martin, of Habersham--An Ordinance to relieve the citizens of Habersham county from the payment of any county tax, for the present year, over and above the sum of fifty per cent, on the State tax. Bead the first time.
By Mr. McCay--A Resolution for the appointment of a Committee to inquire into the powers of this Conven tion to pass any Ordinance other than such as are neces sary to the framing of a Constitution and civil govern ment for the State. Read the first time.
By Mr. Richardson--A Resolution,, as a substitute for the resolution offered by Mr. Adkins, relative to distinc tions of rights and privileges of citizens on account of class or race. Read the first time.
By Mr. Rozar--A Resolution of thanks to the United States Government for the unparalleled magnanimity bestowed upon this conquered people, and for other pur poses therein mentioned. Read the first time*
By Mr. Saulter--An Ordinance to abolish the County Courts of this State. Read the first time.
By Mr. Speer--A Resolution fixing the hours for the daily meeting and adjournment of this Convention. Read the first time.
By Mr. Stanford--An Ordinance to adjust indebted ness creatf. d during the late war. Read the first time,
By Mr. Trawick--An Ordinance to extend the time for the Tax Collectors of the State of Georgia to settle their accounts with the Comptroller or State Treasurer. Read the first time.
By Mr. Turner--An Ordinance to prevent the levy or sale of property in this State under tax executions,, and to

CONSTITUTIONAL CONVENTION.

39

grant further time for the collection of State and County taxes. Read the first time,
By Mr. Turner--A Resolution providing for the print ing of two hundred copies of the Ordinance offered by Mr. Ashburn, " declaring all civil offices in this State vacant," for the use of the members of the Convention, so soon as convenient. Read the first time.
By Mr. WMtehead--An Ordinance to allow each head of a family in the State of Georgia a homestead, and to prevent the levy and sale .of the same under any circum stances. Read the first time.
On motion of Mr. Blount, tin Rules were suspended, and the following Resolution taken up and read the second time, to-wit:

WHEKEAS, Doubts have been expressed whether this Con vention is authorized to transact any other business than to frame a Constitution and civil government for the State of Georgia, and such Ordinances as are necessary for the proper performance of that duty; and, whereas, the true powers of the Convention on the matter indicated ought to be distinctly defined--
JResolved) That the President appoint a Committee of Ten, who shall consider and report upon the question so soon as practicable.
Mr. Bradley moved the indefinite postponement of the Resolution, which motion did not prevail.
The Resolution was then agreed to. On motion of Mr. Conley, the Rules were further sus pended, and the following Resolution taken up and read the second time, to-wit:
JResolved, That, until otherwise ordered, the daily hour for the meeting of this Convention shall be 9J o'clock a. m.s and the hour of adjournment 2 o'clock p. m.
Mr. Bedford moved to strike out 2 and insert 1J, which motion was lost.

40

JOURNAL OF THE GEORGIA

Mr. Bryant moved to amend by striking out 9J and inserting 10. The motion prevailed, and the Resolution, as amended, was agreed to.
The following Standing Committees were announced by the President, to-wit:
ON PRIVILEGES AND ELECTIONS.
Messrs. L. !N". Trammell, Foster Blodgett, A. J. Cameron, W. F. Jordan, B. F. Powell, Thomas Gibson, S. A. Cobb.
ON PETITIONS.
Messrs. Thomas P. Saffold, F. J. Speer, P. B. Bedford, J. E. Hudson, J. G-. Maull, S. E. Field, Benjamin Dunnegan.
ON ENROLLMENT.
Messrs. W. A. Fort, H. H. Christian, Posey Maddox, E. J. Higbee, W. C. Smith, A. Bowden, Charles Hooks.
ON JOURNALS.
Messrs. W. H. Whiteley, J. H. King, S. Stanley, W. C. Carson, A. H. Harrison, J. C. Bowden, J. L. Cutler.
ON FINANCES.
Messrs. Wesley Shropshire, Joseph McWhorter, J. W. Christian, G. G. Wilbur, E. B. Martin, W. W. Dews.
ON FEINTING.
Messrs. A. L. Harris, F. J. Speer, J. L. Dunning, S. WBeaird, J. H. Flynn, J. W. T. Catching, J. D. WaddelL
ON AUDITING.
Messrs. R. B. Bullock, Madison Bell, J. R. Bracewell, Walter L. Clift, S. T. Houston, W. T. Edwards, John T. Costin.
ON BILL OF EIGHTS.
Messrs. G. W. Ashburn, C. D. Davis, W. T. Crane, W. L. Marler, A. G. Foster, C. H. Hopkins, L. L. Stanford.
ON FRANCHISE.
Messrs. J. E. Bryant, Wesley Shropsnire, N. L. Angier, P. B. Bedford, E. S. Cobb, Presley Yeates, J. L. Dunning.
ON LEGISLATIVE DEPARTMENT.
Messrs. H. K. McCay, L. N. Trammell, J. E. Blount, H. V, M. Miller, Phillip Martin, G. C. Richardson, G. P. Burnett.

CONSTITUTIONAL CONVENTION.

'

41

ON EXECUTIVE DEPARTMENT.
Messrs. J. S. Bigby, A. T. Akerman, N. Griffin, H. G. Cole, J. L. Dunning, 1ST. P. Hotchkiss, M. A. Potts.
ON JUDICIARY DEPARTMENT.
Messrs. A. T. Akerman, J. D. Waddell, George P. Burnett, H. K. MeCay, C. A. Ellington, R. H. Whiteley, A. L. Harris.

ON EDUCATION.
Messrs. J. H. Caldwell, J. H. Flynn, 0. H. Walton, Thomas Gilbert, J. W. Trawick, H. M. Turner, T. G. Campbell.

ON" MILITIA.
Messrs. H. V. M. Miller, W. A. Fort, Foster Blodgett, J. W. Key, W. C. Lee, S. E. Cobb, Samuel Gove.

ON BELIEF.
Messrs. John Harris, W. W. Dews, W. L. Goodwin, W. H. Wbltehead, T. P. Saffold, R. B. Bullock, A. T. Akerman.

ON REVISION.
Messrs. H. V. M. Miller, John Harris, G. W. Ashburn, A. T. Akerman, H. K. McCay, J. H. Caldwell, J. S. Bigby, J. E. Bryant.
On motion of Mr. Speer, three hundred copies of the Standing Committees were ordered to be printed for the use of the Convention.
Mr. Hudson moved that all Resolutions on the Secre tary's table be referred to their appropriate Committees. The motion prevailed.
Mr. Angier offered a Resolution, instructing the Mes senger to procure and put up shades to the windows on the east side of the Hall. On his motion the rules were suspended, when the Resolution was taken up and agreed to.
Mr. Akerman offered the following Resolution, which, on his motion, was taken up, to-wit:

42

JOUENAL OF THE GEORGIA

Resolved, That the Post Office address, and the place of lodging in this city of each member of the Convention, be added to the list of delegates heretofore ordered to be printed with the Rules.
On motion of Mr. Bryan%' the same was amended by adding, "and that the lists of Standing Committees be also printed with the Rules."
The Resolution, as amended, was agreed to.
Mr. HopkiBS asked and obtained leave of absence for Mr. Roberts, on account of sickness in his family.
The President announced the following Special Com mittee appointed, under the Resolution offered by Mr. MeCay, to inquire into the powers of this Convention, to-T/it:
Messrs. H. K. McCay, Foster BIpdgett, N. P. Hotclikiss, J, H. Caldwell, H. V. M. Miller, R. H. Whiteley, B. Coaley, W. Shropshire, J. L. Dunning, A. T. Akerman.
On motion of Mr. Trammell, the Convention adjourned until 10: o'clock a. m., to-iaorrow.

Atlanta, Ga., Tuesday, Dee. 17, 1867,

The Convention met pursuant to adjournment.

Prayer by the Rev. Mr. Harlasi.

On motion of Mr. Foster the call of the roll was dis pensed with.

The Secretary proceeded to read the Journal, which

was on motion corrected by adding Mr. Waddell to the

Committee on the Judiciary, and Mr. Stanford to the

Committee on Bill of Rights.

?;

Mr. Waddell offered the following Resolution, which,

on his motion, was taken up, read, and agreed to, to-wit:

CONSTITUTIONAL CONVENTION.

43

Resolved, That a seat in the Hall of the Convention be, and the same is hereby tendered, to the Hon. Joshua Hill, during his sojourn in the city.

Mr. MeCay, from the Special Committee appointed to inquire in regard to the powers of the Convention, sub mitted the following report, which, on his motion, was taken up and read, to-wit:

The Committee appointed to consider and report upon the powers of the Con?/ention in passing Ordinances not strictly incident to the framing of a Constitution and Civil Government for the State, report that the subject is a very difficult one, and demands further deliberation than they have been able to give it.
In view, however, of the pressing necessity that the Conven tion should devote as much time as possible to the great work which is clearly their leading duty, they recommend the adop tion of the following resolution.:
Resolved, That all Ordinances, or other matter of a legisla tive character, already introduced and pending, .are hereby indefinitely ^postponed,; .and in future no Ordinance or other matter of said character, not necessarily connected with the fundamental law, shall be entertained by this Convention: Provided, That the foregoing shall not apply to matter touch ing the general relief of the people of the State.

Mr. Richardson moved to postpone the report until to-morrow.
Mr. Turner proposed to amend the motion of Mr. Bichardson by requiring two hundred copies of the report printed for the use of the Convention.
The amendment of Mr. Turner was accepted by Mr. Richardson.
Mr. Turner then proposed to withdraw Ms amendment, %mt the same having been accepted, the President decided Its withdrawal out of order.

44

JOURNAL OF THE GEORGIA

On motion of Mr. Bryant the amendment of Mr. Tur ner was stricken out.
The question recurring upon the original motion of Mr. Richardson to postpone the report until to-morrow morn ing, the yeas- and nays were required to be recorded thereon.

Those who voted in the affirmative, are Messrs.

Adkins, Alexander, Anderson, Asliburn, Bedford, Bentley, Beaird, Baldwin,. Bryant,, Bradley, Bullock, Burnett, Campbell,. Cameron, Catching,, Casey, Caldwell, Clift, Chatters, Claiborne, Chambers., Costin, Crumley., Cotting, Dinkins, Edwards, Fort, Gilbert, Goodwin, Golden, Guilford, Harland, Harrison of Hancock, Higbee, Hopkins, Jackson,
Joiaer,

Jones, Knox,. Lee, Linder,. Lumpkin,, Madden, Maddox, Maull, Minor, Moore of Columbia,, Murphy, STeal,
Palmer, Pope, Prince, Eeynolds, Rice, Bichardson,, Rozar, Sikes, Shields^ Seeley, Sherman,, Stewart, Supple, Stone, Strickland,. Turner, Walton,. Wallace, Welch, Whitaker, Whitehead of Burke-., Whitehead of. Butts,! Yeates..

CONTENTION.

Those who voted in the negative, are Messrs.

Akerman, Angler, Bell of Oglethorpe, Bowden of Campbell, Brown, Bracewell, Bryson, Buchan, Carson, Christian of Newton, Christian of Early, Cooper, Cobb of Madison, Gonley, Crane, Crawfbrd, Cutler, Davis,
Dews, Dunning,. Dnnnegan, Ellington, Fields, Flynn, Foster of Morgan, Foster of Paulding, Gibson, Glover, Gove, Griffin, Harris of Higden, Hotchldss, Houston,
Holcombe,

Hooks,
Howe, Hudson, Hutch eson? Jordan,
Key, King,
Lott, Marler, Martin of Carroll, Martin of Calhoun, Martin of Habersham, McCay, Miller, McWhorter, Moore of White,. Potts, Powell, Robertson, Saffold, Saulter, Smith of Charlton, Smith of Coweta, Smith of Thomas,, Speer, Shropshire, Shumate, Stanford,. Stanley,
Trammell, Trawick, Waddell, Wilbur, Whiteley, "Woodev.

There are yeas 73; nays 70. So the motion did not prevail.
Mr. Bradley then moved to lay the report on the table. On this motion the yeas and nays were demanded. Those who voted in the affirmative, are Messrs.

Adkins, Alexander, Anderson, Ashburn,

Bedford, Bentley, Beaird, Blodgett,

46

JOUKNAt OF THE GEORGIA

Bryant, Bradley, Bullock, Burnett, Campbellj Cameron, Catching, Casey, Caldwell, Clift, Chatters, Oiaiborne, Chambers, Cobb of Houston, Co stin, Conley, Crayton, Crumley, Getting, Dinkins,
Edwards, Gilbert,
Goodwin, Golden, tkiilford, Hall, Harland, Harrison of Hancock, Higbee, Hopkiiis, Howe, Jackson, Joiner,
Jones,

Knox, Lane, Linder, Lumpkin, Madden, Maddox, MauU, Moore of Columbia, Murphy, Neal, Noble, Palmer,
Pope, Prince,
Reynolds, Eice, Richardson, Rozar,
Sikes, Shields,
Seeley, Sherman, Stewartj Supple, Stone, Stricklaad, Turner, Waltori, Wallace, Welch, Whitaker, Whitehead of Burke, Williams, Yeates.

Tiiose who voted in tie negative, are Messrs.

Akerman,
Angier, Bell of Oglethorpe, Bell of Banks, Bowden of Campbell, Bowden of Monroe, Bowers,
Bigby, Blount,
Brown, Brace well, Bryson,

Houston, Holcombe, Hooks, Hudson, Hutcheson, Jordan, Key,
King, Lott, Marler, Mathews, Martin of Carroll,

CONSTITUTIONAL CONVENTION.

47

Buchan, Carson, Christian of Newton, Christian of Early, Cobb of Madison, Cole, Crane, Crawford, Cutler, Davi , Dews, Dunning, Dunnegan, Ellington, Fields, Flynn, Fort, Foster of Morgan, Foster of Paulding, Gibson, Glover, Gove, Griffin, Harris of Newton, Harrison of Carroll, Higden, Hotchkiss,

Martin of Calhoun, Martin of Habersham, McCay, Minor, Miller, McWhorter, Moore of White, Potts, Powell, Robertson, ' SafFold, Saulter, Smith of Charlton, Smith of Coweta, Smith of Thomas, Speer, Shropshire, Shumate, Stanford, Stanley, Trammell, Trawick, Waddell, Wilbur, Whitehead of Butts, Whiteley, Woodey.

There are yeas 76; nays 78. So the motion to lay on the table did not prevail.
Mr. Trammell called the previous question, which was sustained.
The main question was then put, and the report adopted.
Mr. Ellington asked and obtained leave of absence for Mr. McHan on account of sickness.
Mr. Whitehead, of Butts, offered the following Reso lution, which, on his motion, was taken up, to-wit:

Be it Resolved, That no person whose seat is contested in this Convention be allowed to vote, or introduce business for its consideration, till such time as the Committee on Privileges and Elections shall have passed upon the respective rights of said contestants.

48

JOURNAL OF THE GEORGIA

J3e it further Resolved, That said Committee do meet at its earliest convenience, and pass upon each place in dispute, so that those rightfully entitled may take their seats, and have a voice in the deliberations of this body. And to expedite said business, the Chairman of said Committee make known through the President of this Convention the time and place of said Committee's meeting to this Convention.
On motion of Mr. Blodgett the same was amended by striking out the whole of the first clause, when as amen ded, it was on motion of Mr. Trammell referred to the Committee on Privileges and Elections.
Mr. Caldwell moved a suspension of the Rules for the purpose of introducing new and important matter.
The motion failed to receive a vote of two-thirds, and was therefore lost.
The Secretary proceeded to the call of the roll for the introduction of new matter, when the following Resolutions and Ordinances were introduced, to-wit:
By Mr. Bell--A Resolution providing that the pay and mileage of members and officers of this Convention be the same as that paid to members of the Convention of Georgia held in the year 1865. Read the first time.
By Mr. Bradley--An Ordinance to prevent common carriers in this State from making distinctions on account of race or color, except as therein provided, and for other purposes.
Mr. Whiteley rose to a point of order, assuming that the Ordinance was in conflict with the adopted report of the Special Committee appointed to inquire into the powers of this Convention.
Mr. Richardson called for the reading of the report involved in the point of order made.
The President overruled the objections of Mr. Whiteley, and on motion of Mr. Bradley the Ordinance was referred to the Committee on Franchise.

CONSTITUTIONAL CONVENTION.

49

By Mr. Bell, of Oglethorpe---A Resolution providing for the election of officers of the Freedmen's Bureau, if the same shall be continued, and for other purposes therein named.
Ruled out of order by the President because in the nature of legislative matter, and in conflict with the report of the Committee on the Powers of the Conven tion.
By Mr. Burnett--A Resolution declaring that in the judgment of this Convention the United States of America, together with the so-called State of Georgia, are now and have ever been regarded by the people of this State as being a Government whose territory was secured by the white man, whose laws were created by the white man, and over whose destinies the white man shall preside.
Mr. Richardson moved a suspension of the Rules for the purpose of expunging the Resolution from the Journal of the Convention.
Pending discussion on the motion to 'suspend the Rules, the mover of the Resolution asked leave to withdraw the same.
Objections were made to its withdrawal by several members, but the objections being overruled by the President, the Resolution was withdrawn.
By Mr. Caldwell--A Petition designed for presentation to General Pope, asking the appointment of a Provisional Governor for the State of Georgia, and recommending for that appointment the Hon. R. B. Bullock, of Rich mond county.
The same was read the first time, and the. mover gave notice, that after the regular order was disposed of he should move to take up the Petition for final action.
By Mr. Davis--A Resolution declaring the sense of the Convention in regard to its powers. Read the first time.

60

JOURNAL OF THE (JEOESIA

By Mr, Dews--An Ordinance to secure a homestead to each family in Q-eorgia. Read the first time.
By Mr. Edwards--A Resolution declaring that no mem ber of the Convention shall speak longer than twenty minutes on any question unless permission be granted by two-thirds of the members present. Read the first time.
By Mr, Angier--An Ordinance for the relief of females, minors, idiots, and lunatics. Read the first time.
By Mr. Gibson--A Resolution that the President ap point a Committee composed of one member from each Congressional District in this State, to confer with Gen oral Pope, and make up a list of such citizens of Georgia as are in favor of reconstruction under the late acts of Con gress ; that said Committee be empowered to select two discreet persons and send them at once to the City of Washington, to urge upon Congress the propriety of relieving from the disabilities imposed by the require ments of the test oath such gentlemen as may be men tioned in said list. Read the first time.
By Mr. Goodwin--An Ordinance for the permanent relief of the people of Georgia. Read the first time.
By Mr. Gove--A Resolution instructing the Committee on Elections to inquire into the citizenship of such settling members of this Convention, if any shall be reported to them as not being citizens of Georgia, and for other pur poses. Read the first time.
By Mr. Griffin--An Ordinance to protect the people of Geoi'gia from fraud in the sale of spurious manures.
The same was ruled out of order by the President By Mr. Higbee--A Resolution requesting the Judiciary Committee to report an Ordinance to prevent the collec tion of county taxes upon State specific tax, and to refund the same if collected, Also, a Resolution recommending the curtailing of offices and retrenchment of salaries. Read the first time.

CONSTITUTIONAL CONVENTION,

5"!

By Mr. Lee--A Resolution prohibiting the introduction of any Ordinance or Resolution referring to race or color, Read the first time.
By Mr. Martin, of Calhoun--An Ordinance fising the per diem and mileage of delegates to this Convention', Read the first time.
By Mr. Martin, of Habersham--A Resolution continu ing the tenure of office until the ratification or rejection of the Constitution to be framed by this Convention, Also, an Ordinance to levy and collect a tax to defray the expenses of this Convention. Read the first time.
By Mr, Marler--A Resolution instructing the Com mittee on Finance to report an Article for the Constitution providing for the curtailment of expenses for the civil government. Read the first time.
By Mr. Prince--A. Resolution excluding all measures iii which the distinguishing words "white" or "colored" occur, or any other word or phrase used to distinguish any particular race. Also, a Resolution prescribing the per diem and mileage of members and officers of this Convention. Read the first time.
By Mr. Shropshire---An Ordinance to regulate and fix the salaries of officers of this State, and for other pur poses. Read the first time;
By Mr* Smith; of Coweta--An amendment to an Ordi nance offered by Mr. Whitehead, of Butts, entitled " An Ordinance to give to each head of a family a homestead.''" Read the first time,
By Mr, Speer--An Ordinance for the relief of the people of this State. Read the first time.
By Mr. Stanford--An Ordinance creating certain liens. Ruled out of order by the President.
By Mr. Supple--A Resolution reducing the poll tax of Baldwin County. Ruled out of order by the President.
By Mr. "Welch--An Ordinance to change the powers

52

JOUBNAL OP THE GEORGIA

and jurisdiction of the County Judges of this State. Read the first time and referred to the Judiciary Committee.
By Mr. Whitehead--A Resolution directing the Finance Committee in relation to public moneys and accounts. Also, an Ordinance relative to the Treasury of the Com monwealth of Georgia. Read the first time.
By Mr. "Whiteley--A Resolution declaratory of the policy to be pursued by this Convention, and of the sense thereof as to qualifications for suffrage and office. Read the first time.
By Mr. Murphy--An Ordinance to allow each head of a family in Georgia a homestead. Read the first time.
By Mr. Turner--A Resolution requiring the Committee on the Executive Department to report an Article creating the office of Lieutenant Governor. Read the first time.
The following Ordinances were taken up for a second reading, and ruled out of order by the President, to-wit:
An Ordinance to point out the mode of payment of the fees of Solicitor-Generals in this State.
An Ordinance exempting the people of Habersham County from the payment of certain taxes.
An Ordinance in relation to vacating the civil offices of the State of Georgia.
An Ordinance to annul an Act of the General Assem bly of this State changing the name of Cass County, was ruled out of order by the President.
Mr. Conley appealed from the decision of the Chair which decision was sustained. . The following Ordinances were read the second time and referred to the Committee on Relief, to-wit:
An Ordinance to extend the time for the Tax Collectors of the State of Georgia to settle their accounts with the Comptroller General.
An Ordinance to adjust the indebtedness created during the late war.

CONSTITUTIONAL CONVENTION,

53

An Ordinance exempting homesteads from levy and sale.
An Ordinance to suspend the collection of State and County taxes, for the present year until, the first of April next.
An Ordinance to afford permanent relief to the people of Georgia.
An Ordinance to prevent the levy and sale of property, and to grant further time for the collection of taxes.
An Ordinance to allow each head of a family ia Georgia a homestead, and to prevent the levy, and sale of the same under any circumstances, was read the second time, and referred to the Committee on Bill of Rights.
An Ordinance to abolish the County Courts of this State was read the second time and referred to the Judi ciary Committee.
On motion of Mr. Bryant the Kules were suspended? and the following petition, offered by Mr. Caldwell, was taken up for final action, and read the second time, to-wit:
We, the representatives of the people of Georgia, assembled in Convention under the authority of the Congress of the United States, with a desire to restore loyalty, harmony and tranquility among the people, and to secure for our State her proper place in the Union, by representation in Congress, respectfully represent to the General commanding this District, that to insure these great blessings for ourselves and our pos terity, it is essential that the officials who exercise the civil functions of the Provisional Government of the State of Geor gia, as required by Congress, shall be loyal to the Government of the United States, and acceptable to the majority of the people of the State,
We, the representatives of that majority, are now striving to overcome the obstacles in the path of restoration to civil law, and therefore respectfully petition the General command ing this District, that a Provisional Governor be appointed who will assist in this great work, and. do recommend for that appointment the Hon. E. B. BULLOCK, of Richmond County.

54

JOURNAL OP THE GEOIKHA

Pending discussion thereon, Mr. Bradley having the floor, the hour of adjournment arrived, and the President declared the Convention adjourned until 10 o'clock a. m.5 to-morrow.

Atlanta, Ga., Wednesday, Dec. 18, 1867.
The Convention met pursuant to adjoBrnment, Prayer by the Rev. Mr. Caldwell. The Journal was read by the Secretary, after which Mr. Bradley resumed the floor and addressed the Conven tion on the measure pending at the hour of adjournment, to wit: The petition offered by Mr. Caldwell, asking of the General commanding this District the appointment of a Provisional Governor for Georgia who will assist in the work of reconstruction, and recommending for that appointment the Hon. R. B. Bullock, of Richmond county. Mr. Saflbld rose to a point of order, assuming that, as the measure under consideration had rio reference to the formation of fundamental law, nor the general relief of the people of the State, was in conflict with the Resolu tion defining the powers of the Convention. The President decided that the measure pending was not in the nature of legislative matter, and, therefore, in order. Mr. Harris, of Newton, in the Chair, Mr. Parrott moved the postponement of the petition to the 8th day of Jan uary next. Mr.Bryant having the floor on this motion, Mr. Stanford rose to a point of order, stating that a motion to postpone to a certain day was not debatable. The President resumed the Chair and overruled the point of order; whereupon Mr. Bryant proceeded with his address.

CONSTITUTIONAL CONVENTION.

55

Mr. Caldwell gave notice that lie desired to give such

shape to the petition as would remove the objections of its

opponents. in the Convention; and, for this purpose.

moved an adjournment, which motion was lost.

Mr. Blodgett called for the previous question, which

was sustained.

The main question was then put, and upon this the

yeas and nays were demanded.

Those who voted in the affirmative, are Messrs.

Akerman.

Hotehkiss, .

Barton,

Holcombe,

Bedford,

Hooks,

Bell of Banks,

Howe,

Bowden of Campbell,

Hudson,

Bowden of Monroe,

Hutcliesois,

Bowers,

Jordan,

Bigby,

Key,

Blount, ,

Kin,

Brown,

Bracewell, |

Lottj

BrysoBj

Maiier,

Huohan,

Mathews,

Burnettj

Martin of CarroII,

Carson,

Martin of Calhoun,

Cameron,

Martin of Habersham,

Christian of Newton,

McCay,

Christian of Early,

Miller,

Cooper,

McWhorter,

Cobb of Madison,

Moore of White,

Cole,

Powells

Crane,

Robertson,

Crawford,

SafFold,

Cutler,

Saulter,

Davis,

Smith of Charlton,

Dews,

Smith of Coweta,

Fields,

Smith of Thomas,

Flynn,

Speer,

Fort,

Shropshire,

Foster of Morgan,

Shumate,

Foster of Patuding,

Stanford,

Gilbert,

Stanley,

Glorer,

Trammellj,

<G-ove,

Trawick,

Griffin,

Waddll,

Harlandj

Whiteley,

Harris of Newton,

Woodey.

Higden,

56

JOURNAL OF THE GEOB6IA

Those who voted in the negative, are Messrs,

Adkins,

Joiner,

Alexander^ Anderson, Angler, Ashbui'n,

Jones, Lee, Linder, Lumpkin,

Bentley, Beaird,

Madden, Mad d ox,

Bell of Oglethorpe, Blodgett, Bryant, Bradley, Campbell, Catching, Casey,
Caldwell, Clift,
Chatters, Claiborne, Chambers, Cobb of Houston, Costin,

Maull, Minor, Moore of Columbia, Murphy, Neal, Noble, Palmer, Pope, Potts, Prince, Reynolds, Rice, Richardson, llozar,

Conley, Crayton, Crumley, Getting, Daley,

Roberts, Sikes, Shields,
Seeley, Sherman,

Dinkins, Dunning, Dunnegan, Edwards, Ellington,

Stewart, Supple, Stone, Strickland, Turner,

Gibson,

Walton,

Goodwin, Golden, Guiiford, Harrison of Hancock, Higbee, Hopkins, Jackson,

Wallace, Welch, Whitaker, Whitehead of Burke, Whitehead of Butts, Williams, Yeates.

There are yeas 75; nays 78. So the motion to post.

pone until the 8th day of January next was lost.

Mr. Caldwell called for a division of the question, so as

to act first on the clause which petitions the General com

manding this District to appoint a Provisional Governor,

who will favor the work of reconstruction. Upon the

adoption of this clause the yeas and nays were demanded

CONSTITUTIONAL CONVENTION.

57

Those who voted in the affirmative, are Messrs.

Adkins, Alexander,, Andersen, Angler, AshburE, Bentley, Beaird, . Baldwin, Sell of Oglethorpe, . Bowden of Campbell, Blodgett, Bryaut,
Brown, JBracewellj Bryson, Bradley, Campbell, Carson, 'Catching, Casev, CaldweU, Clift, Christian, of Newton, Chatters, Chambers, Claiborne, Cobb of Houston, Costin, Conley,
Crane, Craytoa, Crumle-y, Cotting, Davis, 'Da-ley,
Dinkins, Dunning, Dunnegan, Edwards, Ellington, Gibson, Gilbert, Glover,
Goodwin, Golden, G uilford, Harrison of Haneock, Higbee,

Higden, Hopkins, Jackson, Joiner, Jones,
Knox, Lee, Linder, Irampkin, Madden, Maddox, Maull,
Minor, Moore of White, Hoore of Columbia, Murphy, Neal. Noble, Palmer,
Pope, Potts, Powell,
Prince, Keynolds, Rice, Richardson, Rozar,
Sobertson, Sikes, Shields,
Seeley, Shei'man, Stewart, Supple,
Stone, Strickland, 'Turner,
Walton, Wallace, Welch, Whitaker, Whitehead of Burke, Whitehead of Butts, Wliiteley, Williams, Woodey, Yeates.

58

JOURNAL OP. THE GEORGIA

Those who voted in the negative, are Messrs,

Akerman,

Hooks,

Bedford,

Howe,

Bell of Banks,

Hudson,

Bowden of Monroe,

Hutcheson,

Bowers,

Jordan,

Bigby,

Key,

Blount,

King,

Buchan,

JLott,

Burnett,

Marler,

Cameron,

Mathews,

Christian of Early,

Martin of Oarroll,

Cooper,

Martin of Calhoun,

Cobb of Madison,

Martin of Habershaiu,

Cole,

McCay,

Crawforct,

Miller,

Cutler,

McWhorter,

Dews,

Saffold,

Fields,

Saulter,

Flynn,

Smith of Charlton,

Fort,

Smith of Coweta,

Foster of Morgan,

Smith of Thomas,,

Foster of Paulding-,

Speer,

Gore,

Shropshire,,

Griffin,

Shomate,

Harlanet,

Stanford,

Harris of Newton,

Stanley,

Harrison of Carroll,

Trammell,

HotchkisSj,

Trawick,.

Houston,

Waddell.

Holcombe,

There are yeas 9f5; nays 59. So the first clause was

adopted, and is as follows, to wit:

We, the representatives of that majority, are now striving

to overcome the obstacles in the path of restoration to civil

3aw, and, therefore, respectfully petition the General command

ing this District, that a Provisional Governor be appointed who

will assist in this great work.

On motion of Mr. Blodgett, the Convention adjourned

until 10 o'clock, to-morrow morning.

Atlanta,, (fa., Thursday, Dec. 19,1867. The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read, and the Convention proceeded

CONSTITUTIONAL CONVENTION.

59

to the consideration of the unfinished business of yester

day, to wit: The last clause of the petition offered by

Mr. Caldwell, relative to the appointment of a Provi

sional Governor of this State by the General commanding

this District, which reads as follows: " And do recom

mend for that appointment the Hon. R. B. Bullock, of

Richmond county."

Mr. Akernian moved a suspension of the rules for the

purpose of taking up an Ordinance offered by Mr. Martin,

of Habersham, providing for the collection -of a tax to

-defray the expenses of this Convention. The motion was

ruled out of order, the previous question having been

called for and sustained yesterday, on the pending

measure.

The yeas and Bays-were demanded on the adoption of

the ^clause mentioned.

Those who voted in the affirmative, are Messrs..

Adkins, Alexander, Anderson, Ashburn, Bentley, Beaird, Baldwin, Bell of Ogletherpe, Blodgett, Bryant, Bracewell, Bryson, Bradley, Burnett, Campbell, Catching, sCasey, Caldwell,, lift, Chatters, Olaiborne, 'Chambers,
Cobb of Houston,, Costin, .Conley,

Cray ton, Crumlej^ Cotting, Davis, Daley, Dinkins, Dunnegan, Edwards, Ellington, <Gibson, Goldeia, Ouilford, Harrison of Hancock, Higbee, Hopkins, Jackson, Joiner, Jones, Knor, Lee, ;Linder, Lumpkia,
Madden, Madd0xs Maull,

60

JOURNAL OF THE SEOSGFTA

Minor, Moore of Columbia,. Murphy, ISTeaJ, Noble,. FMmer,. Pope, Potts, Powell, Prince, ^Reynolds, Rice, Richardson,. Bozar, Sikes, Shields!,

Seely, Sherman, Smith of CharltoB-j. Stewart, Supple, Stone, Strickland, Walton, Wallace, Welch, Whitaker,. Whitehead of Barks;, Williams, Woodey,. Yeates.

Those who voted In the negative, are Messrs;.

Akerman,, Angier, Bedford, Bell of Banks, Bowden of Monroe., Bowers, Bigby, Blonnt, Brown, Buchan, Carson, Christian of Newton, Christian of Early, Cooper, obb of Madison, Crawford,. Dunning, Fields, Flynn, Foster of Morgaa, Foster of Panlding, Gilbert, Gove, Griffin, Harland, Harris of Newtom, Harrison of Carroll., Higden, Hotchkiss, Houston,

Holcombe, Hooks, Howe,. Hudson, Hutcheson, Jordan, Key, King, Lott, Marler, Mathews, Martin of Calhoun,, Martin of Carroll, Martin of Habersham,. McCay, Miller, McWhorter, Moore of White,. iiobertson, Saffold, Saulter, Smith of Coweta,. Speer, Shumate,
Stanford, Stanley, Trammell, Trawick, Whiteley.

CONSTITUTIONAL CONVENTION.

61

Excused.--Messrs. Cutler, Smith, of Thomas, Turner, and Whitehead of Butts.
There are yeas 81; nays 59. So the same was adopted.

Mr. Cutler asked to be excused from voting, expressing, as a reason for making the request, the opinion that the Convention was not convened for such a purpose as the petition under consideration proposed.
Mr. Smith, of Thomas, asked to be excused for the same reason. They were excused. Mr. Turner was, also, on his request.
Mr. Whitehead stated it was his opinion that the selec tion of an appointee devolved solely on the General com manding, and that it was not the province of this Conven tion to suggest the name of any one to him. At his request he was also excused from voting.
On motion of Mr. Gilbert, the rules were suspended, and the Hon. T. J. Bowen invited to a seat in the Con vention. A similar invitation, on motion of Mr. Blodgett, was extended to the Hon. John Erskine.
Mr. Chatters moved a suspension of the Rules for the purpose of introducing an Ordinance to relieve certain delegates.
The motion prevailed, and Mr. Bryant offered as a sub stitute therefor the Ordinance offered by Mr. Martin, of Habersham, providing for the levy and collection of a tax to defray the expenses of the Convention.
Mr. "Whiteley proposed to amend the substitute by requiring the Finance Committee to make immediate provisions for the payment of members up to the proposed recess, including mileage.
On motion of Mr. Waddell, the whole subject was referred to the Committee on Finance.
On motion of Mr. Speer, the Rules were suspended, and the following Resolution., offered by Mr. Blodgett, was taken up, to-wit:

62

JOURNAL OF THE GEORGIA

Unsolved, That the per diem and mileage of the Members and Officers of this Convention be the same as paid to the Members and Officers of the last General Assembly of this State.
Mr. Trammell moved to amend by inserting iive dollars per diem.
Mr. Blount by inserting four dollars per diem. Mr. Speer by inserting two dollars per diem. Mr. Bryant by inserting twenty-five cents per diem. Mr. Prince by inserting ten dollars per diem. Mr. McCay by inserting six dollars per diem. Mr. Bradley called for the previous question, which was sustained. The main question was then put, and the Resolution, adopted without amendment. Mr. Trammell gave notice that he would move a recon sideration on to-morrow. Mr. Harris, of Newton, from the Committee on Relief, made the following Report, to wit:
The Committee on Relief, to whom was referred sundry Ordinances relating to tax payers and tax collectors, having had the subject under consideration, respectfully report: That, while they regret the circumstances which cause all public burdens to be severely felt by our people, they are obliged to recognize the necessity of supporting our civil government, and of promptly paying the interest of the public debt. They are assured that the people of Georgia are resolved to maintain the credit of the State at every inconvenience to themselves. Under present laws, the Governor has a discretion to suspend the collection of taxes for a limited time; and the Committee desire that this discretion be now exercised so as to accommo date the tax payer, if it can be done without injury to public interests. They recommend the passage of the following reso lution :
Resolved, That the Convention request the Governor to exercise the power given him, by existing laws, to suspend the collection of taxes, if in his judgment, the .same can be done without injuring the credit of the State.

CONSTITUTIONAL CONVENTION.

63

Mr. Hopkins moved to lay the report on the table. The motion was lost, and the report was then adopted.
The following telegram from Governor Charles J. Jenkins, in response to a request of the Convention rela tive to the furnishing of certain hooks, was read:
MILLEDGEVILLE, December 18, 1867.
JP. 3. Slieibley, Secretary: The order has been issued to the Librarian. The books will
be sent, if they be among the printed documents. C. J. JENKINS.

The call of the roll for the introduction of new matter being next in order, was proceeded with.

By Mr. Miller--
Resolved, by the people of Georgia, in Convention assem bled, That the administration of Brevet Major General Pope, commanding Third Military District, receives the cordial approval of this Convention; and we hereby tender to General Pope our hearty thanks for the wisdom, justice, and modera tion with which he has exercised the vast powers conferred upon him by the authority of the Congress of the United States.

On motion of Mr. Miller, the Rules were suspended, the resolution taken up and unanimously adopted.
By Mr. Adkins--An Ordinance to secure impartial suffrage on the ratification of the Constitution of Georgia. Read the first time.
By Mr. Angler--An Ordinance changing the Senatorial Districts, and reducing the number of Senators and Rep resentatives in the General Assembly of Georgia. Read the first time.
By Mr. Ashhurn--Certain memorials, which, without being read, were, on his motion, referred to the Com mittee on Relief.
By Mr. Blodgett--An Ordinance for the relief of the people of Georgia. Read the first time.

64

JOURNAL OF THE GEORGIA

By Mr. Blount--A Resolution instructing the Com

mittee on "Privileges and Elections" to inquire in regard

to the right of certain Delegates to hold their seats in the

Convention. Read the first time.

By Mr. Bradley--An Ordinance providing for the elec

tion of Governor and other civil officers of this State, and

for other purposes. Read the first time.

By Mr. Brown--A Resolution recommending an article

for the Constitution, prohibiting the intermarriage of the

white with the colored race. Read the first time.

By Mr. Bullock--A Resolution to add to the Committee

on Relief Messrs. Hopkins, Blodgett, and Hotchkiss.

On the proposition to suspend the Rules for the purpose

of taking tip the Resolution, Mr. McCay rose to a point

of order under Rule 23, assuming that the adoption of

the pending Resolution would effect a change in Rule 21,

and, therefore, before acting thereon, one day's notice was

required.

f

The President sustained the point of order.

Mr. Bullock appealed therefrom, the decision was over

ruled, and the Resolution was adopted.

On the proposition to adopt the Resolution (Mr. Getting

in the Chair), Mr. Edwards called for the previous ques

tion, which was sustained. The resolution was adopted.

The Rules were suspended, on motion of Mr. "Whiteley,

who offered the following:

WHEREAS, We are informed that Brevet Major Gen. Pope, commanding this District, intends to visit this body at or about 12 m., of this day--
Jtesolved, That a Committee of three be appointed to receive and conduct the General to the right of the President of the Convention, and that he be requested to address the same.
On motion of Mr. Hopkins, the resolution was amended by adding, " and that, when he does come, he be cordially received." The resolution, as amended, was agreed to.

CONSTITUTIONAL CONVENTION.

65

Under the foregoing Resolution,the President appointed Messrs. "Whiteley, Blodgett, and Dews.
Mr. Shropshire, from the Committee on Finance, re ported the following communication:

HEADQTJAKTERS THIED MILITARY DISTRICT, )

(Georgia, Alabama, and Florida),

I

ATLANTA, GA., Dec. 18, 1867. )

Hon. Wesley Shropshire, Chairman of the Committee of

Finance of the Georgia Constitutional Convention :

DEAK SIK--I have the honor to acknowledge the receipt of

your communication of this date, in which you state that " the

law under which the Constitutional Convention is ordered pro

vides, among other things, that the Convention shall assess,

and have collected, a tax upon the taxable property of the

people of Georgia, to defray the expenses of the Convention.

This will, perhaps, take six months. The pressing necessities

of the Convention now require money to pay for stationery,

fuel, and other things to meet the wants of the Convention.

The Committee on Finance, therefore, were instructed to call

upon you, to ascertain if you will pass an order that will

authorize the State Treasurer to advance the amount necessary

for the present wants of the Convention, until the amount, so

advanced, can be collected under the law ordering the assem

bling of the Convention."

I answer to your inquiry, that I will authorize the Treasurer

of the State of Georgia to advance the amount necessary to

pay the expenses specified in your communication, not doubting

that the Convention will, at the proper time, provide for the

levy and collection of such taxes on the property in Georgia as

may be necessary, to refund the State Treasury the amount so

advanced.

fiespectfully, your obed't serv't,

JOHN' POPE,

JSrevet Major General U. 8. -A,

Mr. Bryant offered the following Resolution, which, on motion, was taken up, read, and agreed to :

Resolved, That Hon. N". L. Angier be, and he is hereby appointed a Committee of one, to inquire into and make imme diate reoort upon what provision can be made for the im mediate payment of the members of the Convention, as well as

66

JOTJENAL OS THE GEORGIA

to meet the expenses incidental to the holding of the same 5 and that he be empowered to visit the capital of the State, of other place therein, if necessary, to effect the end contemplated by this resolution.
Leave of absence was granted Messrs, Potts, Dews, Cameron, Cutler, McCay, Gibson, Guilford, and Martin, of Calhoun.
Mr. Caldwell presented a memorial from Benjamin 3f. Bigelow and E. Carter, contesting seats from the 38th and 39th Districts j also, an accompanying Resolution, which, on motion, were referred to the Committee on Privileges and Elections.
Mr. Edwards presented a notice from Mr. J. R. Griffin, informing the Convention that he contests the seat of Mr. Isaac Andersen, and asking action of the Committee on Privileges and Elections, Referred to said Committee.
Mr, Conley offered a Resolution, instructing the Secre tary to purchase and place a clock in the Hall of the Con vention. Read the first time.
The following Ordinances and Resolutions were offered and read the first time, to wit:
By Mr. Crawford--An Ordinance for the relief of creditors of this State.
By Mr. Gilbert--An Ordinance to abolish the Inferior Courts of this State.
By Mr. Iligbee--An Ordinance to revoke certain de crees of Probate and other Courts in the State of Georgia.
By Mr. Jordan--A Resolution instructing the Com mittee on Bill of Rights to report an Ordinance exempting homesteads valued at f 2,500.
By Mr. Martin, of Habersham--An Ordinance to limit the Legislature, and all other authorities, in their powers of taxation.
By Mr. Marler--A Resolution to petition Congress for the establishment of an Aasayer's Office at Dahlonega, in this State,

CONSTITUTIONAL tJONVESTIOl?,,

v67

By Mr, McCay--A Resolution proposing a prefix to the Constitution.
By Mr. Richardson--A Resolution, as a substitute for the Resolution of Mr. Blcrant, in regard to contested seats,
By Mr. Rozar--A Resolution exempting certain prop erty of widows from taxation.
By Mr. Sherman--An Ordinance for the relief of the people of the State of Georgia.
By Mr. Speer--A Resolution requesting the President of the Convention to appoint a Committee, consisting of one from each Judicial Circuit, to arrange the Congres sional Districts of this State. Also, a Resolution instruct ing the Committee on Privileges and Elections to inquire in regard to the citizenship of all the delegates of this Convention, and for other purposes therein mentioned.
By Mr. Stanford--An Ordinance conferring on the Legislature of this State authority to regulate and control the charges of all railroad and turnpike companies, and for other purposes therein mentioned.
By Mr. Turner--A Resolution requesting the Judiciary Committee to inquire into the expediency of investing the Legislature or Governor with the appointment of Judges of Supreme and Superior Courts.
By Mr. Welch--A Resolution to prevent duelling in this State.
Mr. Bryant gave notice that he would, on to-morrow, move to strike out the 4th and 5th Rules of the order of the day,
By Mr. Getting--A Resolution to enlarge the duties of Grand Jurors. Read the first time and referred to the Judiciary Committee.
By Mr. Strieklaud--An Ordinance for the relief of tenants. Ruled out of order, because of the nature of legislative matter.

6'8

JOURNAL OF THE GEORGIA

By Mr. Edwards--A petition for the pardon of Jefferson Davis.
Mr. Hopkins moved a suspension of the Rules, and desired the unanimous adoption of the measure. The motion to suspend the Rules did not prevail.
By Mr, Murphy--A Resolution instructing the Secre tary to transmit to the Commanding General of this District a copy of the proceedings of this body, in rela tion to the appointment of a Provisional Governor. The Rule was suspended and the Resolution adopted.
The following resolution, offered by Mr, Rozar, was read the second time and adopted, to wit:

JResolved, That, as an acknowledgment of the highest appre ciation, this Convention tender thanks to the United States Government for the unparalleled magnanimity which has been bestowed upon this conquered people, and the great leniency given to a vanquished foe, and for the promotion of harmony, peace, and prosperity, and an everlasting Union, This mani festation of gratitude is made under a conviction that it is the voice of the people we have the honor to represent. Further more, for the philanthropic, humane, and beneficiary actions and general protection given to the entire populace (particularly that received from the department known as the Freedmen's Bureau), we most gratefully acknowledge; and from the most profound consideration, attribute such magnanimity, generosity, and leniency given to this people, as being the great blessings and benefits derived from a Republican Government.
The Resolution offered by Mr. Gibson, instructing the Secretary to furnish each member of the Convention, daily, fifteen copies of the Daily New Era, was, on motion of Mr. Blount, laid on the table.
The Ordinance offered by Mr. Campbell, to for ever abolish imprisonment for debt in Georgia, was read the second time, and referred to the Committee on Bill of Rights.
The Resolution offered by Mr. Turner, providing for

CONSTITUTIONAL CONVENTION.

69

the printing of two hundred copies of Mr. Ashburn's Ordinance, " declaring all civil offices of this State vacant," was indefinitely postponed.
The Eesolution of Mr. Richardson, declaring that, in the Constitution to be framed, all distinction of race or color, as to the rights, privileges, and immunities of citizens, should be ignored, was read the second time and referred to the Committee on Bill of Rights.
The Resolution of Mr. Dunning, to prevent the sale of lottery tickets in the State of Georgia, was read the second time and referred to the Committee on Legislative Department.
The Resolution of Mr. Bradley, declaring that members shall not call each other to account, outside of the Con vention, for words used in debate, was referred to the Committee on Privileges and Elections.
The Resolution of Mr. Akerman, on the subject of a recess from this instant until the 8th day of January next, was, on his motion, laid on the table.
The Resolution offered by Mr. G-oodwin, of Bartow, as a substitute for the Resolution of Mr. Ashburn, declaring vacant the civil offices of Georgia, was read the second time and referred to the Committee on Franchise.
The Resolution of Mr. Adkins, declaring all citizens, without regard to race or color, entitled to the same rights and privileges, was referred to the Committee on Bill of Rights.
The Ordinance offered by Mr. Bigby, to extend the time of settlement by Tax Collectors with the Comptroller and Treasurer, was referred to the Committee on Relief.
A Resolution offered by Mr. Smith, of Coweta, inviting Judges of the Supreme Court of this State, and Judges of the United States Courts in this State, to seats .in the Convention, was referred to the Judiciary Committee.
The Convention then adjourned until 10 o'clock to morrow morning.
6

70

JOURNAL OF THE GEORGIA

Atlanta, Ga., Friday, Dec. 20, 1867.

The Convention met pursuant to adjournment. Prayer by the Chaplain. The Secretary proceeded to read the Journal of yester day ; whereupon Mr. Trammell gave notice that he would move the reconsideration of so much thereof as relates to the passage of an Ordinance to fix the per diem and mileage of members, and the per diem of officers of this Convention--which is as follows :

Resolved, That the per diem and mileage of members and officers of this Convention be the same as paid to the members and oificers of the last General Assembly of this State.

Mr. Prince moved to lay the proposition to reconsider on the table. This motion was withdrawn, by request, renewed, and again withdrawn, by permission.
Mr. Bedford called for the previous question. The call was sustained and the main question put; upon which the yeas and nays were demanded.

Those who voted in the affirmative, are Messrs.

Akerman, Angier, Bell of Banks, Bowers, Bigby, Blount, Bracewell, Bryson, Burnett,
Carson, Caldwell, Cole, Crane,
Crawford, Cotting,
Davis, Dunning, Dunnegan, Ellington, Fields,

Flynn, Fort, Foster of Morgan, Foster of Paulding, Glover, Goodwin, Gove, Griffin, Harland,
Harris of Newton, Harrison of Carroll, Hotchkiss, Houston,
Holcombe, Hooks,
Hudson, Hutcheson, Key, King, Lee,

CONSTITUTIONAL CONVENTION.

71

Lott, Madden, Marler, Mathews, Martin of Oarroll, Martin of Habersham, MeCay, Minor, Miller, McWfaorter, Moore of White,
Bice,

Saffold, Smith of Thomas, Shropshire, Shuraate, Stanford, Trammel!, Turner, Waddelij
Welch, Wilbar, Wkiteley,
Wopdey,

Those wko voted in the negative, are Messrs.

Adkinss Alexander, Adersons Ashburns Bedford, lleistley, Beaird, Baldwin, Bell of Oglethorpe, Bowdea of Catapbell, Bowdea of Mearoe, Blodgett, Bryaat,
Bradley,
Campbefi, Catching, Clift, Christian of Newton, Christian of Early, Chatters,
Chambers, Cooper, Cobb oi: Houston, Oabb of Madison,
Conley5 Crayton,
Baley, Dinkins, Edwards,

Gilbert, Goldea, Guilford, Harris of Chatham, Harrisoa of Hancock, Higbee, Higden, Hopkins,
Jackson, Joiner, Jones, Knox, Linder, Lumpkin,, Maddox, Mawll, Moore of Columbia, Murphy,, Noble, Palmer, Pope, Prince, Reynolds, Richardson, Rozar,
Saulter, Sikes, Shields, Seeley, Sherman, Smith of Speer,

72

JOtlBNAL 'OF THE GEORGIA

Stewarjt, Supple, Stanley,
Stone, Strickland, Trawiek, Walton,

Wallace, Whitaker, Whitehead of Burke,
Whitehead of Butts, Williams, Yeates.
-j;

There are yeas '64 ; nays 81. So the motion to recon sider did not prevail,

Mr. Shropshire, from the Committee on Finance, re ported the following Ordinance, which was, on motion, taken up, to-wit: " An Ordinance to levy and collect an extraordinary tax, to pay the delegates and officers con nected with the Convention, as well as all other incidental expenses."

Be it Ordained by the people of Georgia, in Convention assembled, That it shall be the duty of the Comptroller General of the State of Georgia to levy and assess an extraordinary tax of one-sixteenth of one per cent, on all the taxable property of this State, as returned upon the digests for the year ISO'7, in addition to the State tax; and the Comptroller General shall direct and require the Tax Collectors in the several counties in 'this State to collect the tax so assessed, or so much thereof as "will defray the expenses of this Convention, and pay the same into the Treasury of the State of Georgia on or before the first day of November, 1868.
JBe it further Ordained by the authority aforesaid, That it shall be the duty of the Treasurer to pay each delegate and officer of the Convention the sum specified in a certificate of the Auditing Committee of this Convention, which shall be a voucher for the Treasurer of this State.
Be it further Ordained, That the several Tax Collectors shall reserve the same per cent, for collecting the same as they now are allowed by law for collecting the State tax.

The report was amended, on motion of Mr. Blodgett,

by striking: out the word "extraordinary" wherever it

occurred.

~'*

CONSTITUTIONAL. CONVENTION.

73 -

It was further amended,,on> motion of Mr. McCayyby striking out all of the seconds section after the enacting clause, and inserting the following:
That, the Treasurer of this State is hereby authorized and directed to advance to the disbursing officer of this Conven tion, out of the Treasury of this State, Forty Thousand Dollars, to defray the expenses of this Convention, and the pay and mileage of its members and officers up to the 23d day of December, 1867.
Be it further Ordained, That N. L. Angier is hereby appointed the Disbursing Officer of this Convention, and is authorized to receive and receipt for the sum aforesaid from the Treasurer, and to pay out the same on the warrant of the President of this Convention on the report of the Auditing Committee. The amount so advanced by the Treasurer shall i be replaced from the proceeds of the tax ordained by this Con vention to be assessed and collected for the expenses, pay, and . mileage of the members and officers thereof.

Pending the motion to adopt the report of th'e Com*- mittee, as amended, Brevet Major-General John Pope, . commanding the Third Military District, accompanied by a staff officer, was met at the door of the Hall by the Committee appointed to receive him, and conducted, amid applause, to the right of the President, and was welcomed^ by that officer as follows :

Major-General John Pope:
In the name and in behalf of the citizens of Georgia, in Con^ vention assembled, I tender to you a cordial welcome to the Hall of our deliberations.
Gentlemen of the Convention, allow me to introduce to you Major-General Pope, commander of the Third Military District, the representative of the Army and Government of the United States; and, as such, he is entitled to the warmest congratula tions and the most heartfelt thanks for the kindness and con sideration with which he has presided over the administration of our affairs.

74

JOUKNAL OP THE GEORGIA

General Pope then proceeded to address the Convention
as follows:
Mr. President, and Gentlemen of the Convention :
Be pleased to accept my thanks for the polite invitation which has occasioned my presence among you to-day, and my earnest thanks for the kind reception which I have received at your hands. I beg you to accept my grateful acknowledgments for the Resolutions transmitted to me on yesterday, approving my course in the administration of my office among you. I shall always cherisli this mark of your approbation with the highest satisfaction. I congratulate you on the success which you have attained in the pacification of your State, and in the progress which you have made toward its restoration to the Union. I trust and believe that all the deliberations of this body will be marked by moderation and justice, and thai the Constitution which you may adopt will be affirmed and ap proved by the people to whom it is to be submitted--having for its end, as I believe it will, the best welfare of the people of the State and of the whole country. I trust that your action here will not indicate any passion or prejudice, and that nothing will be inserted in the Constitution which you are about to frame, that will forbid its approval by the people, to whom it must be submitted, and by the whole country. I beg you again, gentlemen, to accept my warmest thanks.

On motion of Mr. McCay, the Convention took a recess of fifteen minutes, to allow the members an opportunity of personal presentation to the Commanding' General.
The Convention was called to order, and the unfinished business resumed, to-wit: The amended report of the Finance Committee, which was adopted.
On motion of Mr. Akerman, the Rules were suspended, and the following Resolutions, offered ty himself, taken up for final action, to-wit:
Resolved, That the Convention take a recess from the 19th day of December to the 8th day of January next--the members not to be entitled to their per diem compensation during the recess, but to be entitled to mileage to and from their homes.

CONSTITUTIONAL CONVENTION

75

Resolved, -That the Standing Committees have leave to sit during the said recess, and the members of such Committees be entitled to their per diem compensation for such days in the recess as they actually sit.
Mr. Akerman moved to strike out "19" and insert "23." Mr. Trammell called for a division of the questionThe motion to strike out prevailed. The proposition to fill the blank with "23" was agreed to.
Mr. Akerman moved to strike out the words "but to be entitled to mileage to and from their homes." The same was agreed to, and the Resolution adopted as amended.

Mr. Turner moved a suspension of the Rules, in order to take up a petition, offered by Mr. Edwards, for the pardon of Jeiferson Davis. The motion was lost.
Mr. Trammell made- the following report from the Committee on Privileges and Elections, to-wit:
JResolved, That the Chairman of the Committee on Priv ileges and Elections be authorized to employ such Clerks as may be necessary in the discharge of the duties of that Com mittee, and that said Committee be authorized to send for persons and papers.

The report was, on his motion, taken up, read, and adopted.
Upon the motion of Mr. Blodgett, the Ordinance intro. duced by Mr. Hopkins, in relation to Banks, was referred to the Committee on Relief.
On the call of the roll for the introduction of new matter, the following Ordinances and Resolutions were offered and read the first time, to-wit:
By Mr. Chatters--An Ordinance in relation to the inter marriage of the white and colored races. Also, a Resolu tion tendering thanks of the Convention to the Editors and Reporters of the Daily New Era.

76

JOUKNAL OF THE 6EOKGIA

By Mr. Cooper--An Ordinance securing a homestead to every citizen of Georgia.
By Mr. Dunning--A Resolution instructing the Com mittee on Revision to report an Ordinance for the removal of the Capital of the State.
By Mr. Higbee--An Ordinance declaring it the duty of the General Assembly to provide by law for a system of common schools.
Mr. Hopkins presented certain Ordinances for relief, which, on his motion, were referred to their appropriate Committees without being read.
By Mr. Hotchkiss--An Ordinance to prevent the levy and sale of property in Georgia under execution, founded on demands originating prior to the first day of June, 1865, unti] the adjournment of the next Legislature, or until this Convention shall otherwise direct.
By Mr. Stanford--An Ordinance as a substitute for all Ordinances introduced on the subject of homesteads.
By Mr. Speer--An Ordinance for the relief of the people of this State.
By Mr. Rozar--A Resolution for the relief of convicts in the Penitentiary of Georgia.
By Mr. Bradley--An Ordinance'relative to the qualifi cation of voters and exemption of homesteads.
By Mr. Murphy--A Resolution regulating the number of county officers, and the mode of their appointment. Mr. Fort, from the Committee on Enrollment, made the following report, to-wit:
Mr. President: The Committee on Enrollment report the following Ordinance
as regularly enrolled, and ready for the signature of the Presi dent and attestation of fce Secretary, to-wit: " An Ordinance to levy and collect a tax for defraying the expenses of this Convention, and for other purposes."
On motion, the Convention adjourned until 10 o'clock a. m., to-morrow.

CONSTITUTIONAL CONVENTION.

77

Atlanta, Ga., Saturday, .Dec. 21, 1867.
The Convention met pursuant to adjournment. Prayer by the Rev. Mr. Harlan. The Journal was read.' Mr. Dunning moved that the Convention adjourn until 10 o'clock a. m., Monday, in order that the Standing Com mittees.be allowed this day to consider the various subjects referred to them, and to prepare their reports thereon. The motion prevailed, and the President declared the Convention adjourned until 10 o'clock a. m., Monday.

Atlanta, Go,., Monday, Dec. 23, 1867.
The Convention met pursuant to adjournment. Prayer by the Rev. Mr. Trawick. The Journal was read. On motion of Mr. Akerman the Rule fixing the daily hour of adjournment at 2 o'clock p. m. was suspended for this day, and on his motion the Convention took a recess until 3 o'clock p. m.
3 O'CLOCK p. M. The Convention resumed the consideration of business. Mr. Bryant, from the Committee on Franchise, reported back to the Convention, with the recommendation that they be referred to the Committee on Bill of Rights, an Ordinance prohibiting common carriers in this State-from discriminating against passengers on account of race or color; and a Resolution declaring that no words tised to distinguish any particular race shall be engrafted into any

78

JOURNAL OF THE GEORGIA

Ordinance, Resolution or Constitution adopted by this Convention. Also, with the recommendation of reference to the Judiciary Committee, a Resolution relative to the right ami duty of the Convention to declare all civil offices in this State vacant, and to all the same as they may deem best. The proposed references were made.
Mr. Shropshire, from the Committee on Finance, re ported an Ordinance to authorize the negotiation of a loan for defraying the expenses of this Convention, which is as follows:
T>e it ' >rdained by the people of Georgia, in Convention assembled, That the Disbursing Officer of this Convention is hereby empowered to negotiate a loan or loans, on reasonable terms, by the 8th day of January next, for such sums as may be needed for the expenses of this Convention, and the pay and mileage of the officers and members thereof; and that this Convention is hereby pledged to the exercise of all the powers which it possesses by the Acts of Congress, or otherwise, to provide means for repaying such loans with the interest agreed on.
On motion of Mr. Shropshire the Rule was suspended and the report taken up.
Pending action thereon, Mr. Bryant called for the report of the Disbursing Officer of the Convention, which was presented and read as follows, to-wit:
ATLANTA, GA., Dec. 23d, 1807. To tlif- Georgia State Convention, in session at Atlanta:
The duty devolving on me by your action in an Ordinance appointing a Disbursing Officer, authorizing him to receive and receipt for a certain sum of money from the Treasurer, I under took to perform, by first getting instructions from General Pope to the State Treasurer to comply with the provisions of said Ordinance. On presenting said Ordinance and instructions to the said Treasurer, at Milledgeville, the following response, in substance, was received: That holding his office under the Con stitution of .the State of Georgia adopted in 3865, being sworn to perform its duties according to that Constitution and the

CONSTITUTIONAL CONVENTION.

79

laws of the State, by which he was forbidden to pay money out of the Treasury except upon warrant of the Governor and sanction of the Comptroller General, and having entered into heavy bonds for the faithful performance of the duties so pre scribed, he was compelled to decline making . the payment ordered by the Convention and authorized by General Pope.
Respectfully submitted. . ' N. L. ANGLER.

On motion of Mr. Goodwin the report was amended by inserting the word "Constitutional" between the words "State" and "Convention," so as to read "To the Georgia State Constitutional Convention." The same as amended was received.

The question recurring upon the adoption of the report of the Finance Committee, the yeas and nays were de manded.

Those who voted in the affirmative, are Messrs.

Akerman, Angier, Bell of Banks, Bowden of Campbell, Bowden of Mouroe, Bowers, Blount, Bracewell, Bryson, (.'arson,
Christian of, Newton, < !hristian of Early, Cole, Crane, Crawford, Davis, Flynn, Fort, Foster of Pauldiug, Harland, Higden, Ilytohkiss,

Houston, ITolcombe, Hudson, Hutcheson, Jordan, Key, Lott, Marler, Martin of Carrol!., Martin of JL'ibcrsham,
Miller, Moore of White, Smith of Charlton, Smith of Covveta, Smith of Thomas, Spear, Shropshire, Sh innate, Stanford, Trammell, Waddell.

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JOURNAL OF THE GEORGIA

Those who voted in the negative, are Messrs.

Adkins, Alexander,
Anderson, Ashbnrn, Bedford, Beaird, Baldwin, Bell of Oglethorpe, Blodgett, .Bryant, Bradley, Buchan, Bullock,
Campbell, Catching, Clift, Chatters, Claiborne,
Chambers, Oobb of Houstor, Cos tin, Crayton, Crumley, Daley, Dinkins, Dunning, Dunnegan, Edwards, Ellington, Gilbert, Goodwin, Golden, Guilford,
Harris of Chatham, Ha' rison of Hancock, Higbee, .
Hopkins, Jackson,
Joiner,

Jones, Knox, Lee, Linder, Lumpkin,
Madden, Maddox, Maull, Mathews, Minor, Moore of Columbia, Murphy,
Noble, ' Palmer,
Pope, Reynolds, Richardson, Rozar, Saulter, Sikes, Shields, Seeley, Sherman, Stewart,
Supple, Stanley,
Stone, Strickland, Trawick, Turner, Wallace,
Welch, Wilbur, Whitaker, Whitehead of Burke, Whitfeley,
Williams, Woodev, Yeates.

There are yeas 43; nays 78. So the motion to adopt the report did not prevail.
On motion of Mr^Blodgett the Convention adjourned, and was declared lay the President adjourned, by virtue of a Resolution, until 10 o'clock a. m. January 8th, 1868.

"IT"

CONSTITUTIONAL CONVENTION.

71

Atlanta, Ga., Wednesday, Jan. 8, 1868.
The Convention met pursuant to adjournment. Prayer by the Chaplain. The roll was called and a quorum found present. The Journal was read. The call of the roll for the introduction of new matter was proceeded with, when the following Ordinances and Resolutions were offered and read the first time, to-wit: By Mr. Bell, of Banks--A Resolution to incorporate in the Constitution a clause requiring the General Assembly to foster works of internal improvement. By Mr. Blount--An Ordinance to declare illegal, null and void, all notes, bonds and executions for the purchase of slaves; an Ordinance to declare null and void all laws of the State of Georgia while in rebellion against the United States, by which money has been raised for the purpose of carrying on and sustaining the late war against the United States, and all notes, bills, bonds, and con tracts founded thereon; a Resolution of welcome to Major-General Meade; an Ordinance to declare-illegal, null and void all notes, bonds, executions, and contracts for services or hire as substitutes in the Confederate Army; and an Ordinance to declare null and void certain Ordinances and Resolutions heretofore passed by the people of the State of Georgia, in Convention. By Mr. Bowers--An Ordinance in relation to the quali fication of civil officers in this State. By Mr. Burnett--An Ordinance for the relief of the people of Georgia. By Mr. Clift--An Ordinance declaring the relations of the people of Georgia to the Government of the United States.
By Mr. Bryant--A Resolution to instruct the President to appoint a Committee of seven on Corporations, and a similar Committee on Resolutions.

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JOURNAL OP THE GEOBQIA.

By Mr. Conley--An Ordinance for the relief of the people of Georgia.
By Mr, Davis--A Resolution to prevent the sale of spirituous liquors on days of election.
By Mr. Ashburn--Resolutions asking National aid for material purposes, and recommending the railway system and a recognition of the principle as set forth by the Hationa] Railway League.
By Mr. Seeley--An Ordinance declaring null and void certain Ordinances and Resolutions passed by the Seces sion Convention of the State of Georgia.
By Mr. Higbee--An Ordinance to establish homesteads. By Mr. Holcombe--A.Resolution to inquire into the authority by which members of this Convention hold their seats. By Mr. Tiotchkiss--A Resolution- relative to the ap pointment of a Committee of five to wait upon General Meade, to inform him of the re-assembling of the Con vention, tendering to him and his staff seats in this Hall, and co inform him that the Convention will be pleased to receive any communications which he may desire to make, Mr. Hotclikiss gave notice of a motion to amend the twenty-first Rule, by adding a Committee on Miscel laneous Matters. By Mr. Maddox--An Ordinance for the relief of per sons holding change bills issued by the Western & Atlantic Railroad. By Mr. Richardson--An Ordinance for the relief of the people, and to protect them against fraud practiced upon them by lotteries. Mr. Trammell rose to a point of order, which was sus tained by the President, and the Ordinance ruled out of order. By Mr. Strickland--A Resolution requesting the con tinuation of the Freedmen's Bureau,

CONSTITUTIONAL CONTENTION.

8

By Mr. Trammel!--A Resolution to amend the order of the day by adding after the fifth order the following;:
Gtli. Resolutions for a second reading and for final action.

By Mr, Turner--A "Resolution to stay the collection of taxes.
By Mr. Wallace--A substitute for a Resolution offered by Mr. Dunning relative to the removal of the Capitol.
The President decided that a substitute could only be offered when the original measure la taken up for final action, and that the foregoing was out of order.
On motion of Mr. Blount the Rules were suspended, and the following Resolution, offered by him, was taken up:
Resolved, That a Committee of three be appointed to wait upon Major-General Meade, and invite him to visit this Con vention at pleasure; that this Convention do welcome him, in behalf of the citizens of Georgia, as Commanding General of the Third Military District.

Mr, Bedford offered the following, which was intro duced by Mr. Hotchkiss, as a substitute for the foregoing, which was accepted by Mr. Blount :

Resolved, That a Committee of five be appointed to wait upon General Meade, the Commander of this District, and inform him that the Convention has re-assembled according to adjournment, and tender to him and his staff the privilege of seats in this Hall, and will be pleased to receive any communi cation he may desire to niake.

Mr. Akerman offered the following as a substitute for the original and substitute:

Resolved, That Major-General Meade and his staff be invited to seats on the floor of the Convention.
Resolved, That a Committee of five be appointed by the President to present the foregoing Resolution to Major-General Meade, and to make it known to him that the Convention wel-

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JOURNAL OF THE GEORGIA

comes him to this Military District, and will take pleasure in cooperating with him (to the extent of its powers) in executing the Reconstruction Acts of Congress.
The same was adopted and passed.
On motion of Mr. Miller the Rules were suspended when he proposed to amend the Rules of Order by striking out the words " Committee of the Whole," and inserting in lieu thereof the words ^ Standing Commit tees."
Mr. McCay offered as a substitute for the amendment of Mr. Miller, the following: "Reports of Standing'Com mittees," the same to be inserted as a distinct section between sections two and three.
The substitute was accepted by Mr. Miller, and passed.
On motion of Mr. Miller the Rule of Order was further amended by adjusting the numbers of its sections in ac cordance with the foregoing addition thereto.
Mr. Conley in the Chair.
An Ordinance to secure impartial suffrage on the rati fication of the Constitution of Georgia, was read the second time, and on motion of Mr. Bryant laid on the table until to-morrow.
An Ordinance in relation to vacating the civil offices of the State or Territory of Georgia, and for other purposes, which on the 17th day of December was taken up for a second reading and ruled out of order by the President, came up again, by mistake, for a second reading, and being read, was on motion made the special order for to-morrow.
Mr. Trammell called the attention of the Convention to the previous disposition of said Ordinance, and moved the unanimous reconsideration of the action of this day thereon, in order that the Journals might be consistent.
The motion did not prevail*

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85

The following Ordinances were read the second time, and on motion referred to the Committee on Bill of Bights, to-wit:
An Ordinance by Mr. Murphy to allow each head of a family in Georgia a homestead.
An Ordinance by Mr. Stanford, intended as a substitute for other Ordinances in relation to homesteads.
An Ordinance by Mr. Smith, of Cow eta, on the subject of homestea'ds.
An Ordinance on the same subject by Mr. Chatters, An Ordinance by Mr. Dews on the same subject The Ordinance by Mr. Bradley in relation to the quali fication of voters in this State, and to secure homesteads to certain persons, was read the second time, and on motion of Mr. Richardson, referred to the Committee on Franchise. Ordinances for the relief of the people of Georgia, offered by Mr. Speer, Mr. Sherman, and Mr. Blodgett, were read the second time, and referred to the Committee on Belief, An Ordinance by Mr. Crawford for the relief of creditors in this State, was read the second time, and referred to the Committee on Relief. An Ordinance to change the Senatorial Districts, and to reduce the number, of Senators and Representatives in the General Assembly of Georgia, was read the second time, and referred to the Committee on Legislative De partment. An Ordinance to dissolve the Inferior Courts of this State, and an Ordinance for the relief of certain debtors in this State, were read the second time, and referred to the Committee on the Judiciary. The following Ordinances were ruled out of order by the President because in the nature of legislative matter, to-wit:
7

8'6

JOtJENAl OF THE GEORGIA

An Ordinance to regulate and fix tlie salaries of officers of this State, and for other purposes.

An Ordinance to confer on the Legislature authority to regulate, fix and control charges on Railroads, Bridges, Ferries, and Turnpikes in this State,

An Ordinance revoking all orders and decrees of Probate Courts binding' or apprenticing minors without the consent of parents.

An Ordinance offered by Mr. Martin, of Calhoun, en titled " An Ordinance of Economy on the pay and mileage of Delegates to this Convention," was read the second time, and on motion of Mr. Speer indefinitely postponed, the Convention having previously taken final action on its subject matter.

An Ordinance for the relief of females, minors, idiots, and lunatics, was read the second time, and referred to the Committee on Belief.

Oa motion of Mr. Parrott the Rules were suspended, and the Resolution offered to-day by Mr. Trammel!, adding an additional clause to the Order of the Day, was taken up and agreed to.
Mr. Holcombe moved a suspension of the Rule for the purpose of taking up his Resolution' instructing the Com mittee on Privileges and Elections to inquire in regard to the authority by which members hold their seats, and to report thereon.
The motion did not prevail.
The following gentlemen were announced as the Com mittee appointed under the Resolution tendering seats in the flail to Major-General Meacle and his staff, to-wit: Messrs. Blount, Bryant, Waddell, Dunning, and Hotehkiss.

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The following report was made by Mr. Fort from the Committee on Enrollment:
Mr. President: The Committee on Enrollment beg leave to report the fol
lowing Resolution as regularly enrolled and ready for the signature of the President and attestation of the Secretary, to-wit:
A Resolution tendering to General Mestde and to Ms staff officers seats on the floor of the Convention.
Mr. Gibson moved a suspension of the Rules for the purpose of taking, up the Resolution offered by himself in relation to the appointment of a Committee, consisting of one member from each Congressional District in this State, to confer with General Pope and make up a list of such citizens of Georgia as are in favor of Reconstruction under the late Acts of Congress; conferring the power on said Committee to select'two discreet persons and send them at once to the City of Washington to urge upon Congress the propriety of relieving from disabilities im posed by the requirements of the test oath, such gentle men, as may he mentioned in said list.
The motion to suspend the Rule did not prevail. On motion the Convention adjourned till 10 o'clock a. m., to-morrow.

Atlanta, G-a,, Thursday, Jan. 9,1868.
The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read, and Mr. Turner having givennotice of his intention to move the reconsideration of so much thereof as relates to the indefinite postponement of the Ordinance giving authority to the Legislature to con trol, fix and regulate the charges on Railroads, Bridges, Ferries and Turnpikes, submitted the motion, which pre-

88

JOUEWAL OF THE SEOKGIA'

The Ordinance was, on. motion, referred to the Com mittee on Legislative Department.
Mr. Blount, from the Special Committee appointed to wait upon Major-General Meade, made the following report, to-wit:
Mr. President: The Committee appointed to wait upon Major-General Meade
and present to him the Resolution passed by this Convention, ask to report: That they have performed that duty. The interview was pleasant and cordial. Major-General Meade tenders his thanks to the members of the Convention for their generous sentiments, with the assurance that he will use all the powers conferred upon him by the Reconstruction Acts for a speedy restoration of Georgia to all of her rights in the Union.
Mr. Trammell, from the Committee on Privileges and Elections, submitted the following report:
Mr. President: . The Committee on Privileges and Elections make the follow ing report:
By the fourth.section of an Act, entitled "An Act supple mentary to an Act to provide for the more efficient government of the Rebel States," passed March 2d, 1867, it is provided that the Commanding General of each District shall appoint as many Boards of Registration as may be necessary, consisting of three loyal officers, or persons, to make and complete the registration, superintend the election, and make return to him of the votes, list of voters, election returns, and the persons elected as delegates by a plurality of votes cast at said election.
Your Committee are of opinion that the whole question of votes, list of voters, and persons elected is referred by the law to the Commanding General, and that the proclamation of General Pope, declaring the persons elected, is conclusive upon all questions as to who is elected. Your Committee, therefore, recommend the adoption of the following Resolution:
Hesolved, That the Proclamation of General Pope is conelusive in all cases as to the votes, list of voters, election returns, and persons elected.

CONSTITUTIONAL CONVENTION.

89

On motion of Mr. Conley the Rule was suspended, and the report taken up and adopted.
Mr. Harris, from the Committee on Relief, presented the following majority report, announcing, at the same time, that a minority report of said Committee would be presented;

Your Committee, to whom was referred the subject of relief, beg leave to report the following:
WHEBEAS, By the late disastrous war the people of Georgia have lost over four hundred millions of taxable property; also, a vast depreciation of real estate and the total loss of four years' labor, thereby throwing Into hopeless confusion the equitable relations of debtor and. creditor; and,
Whereas, The indebtedness of the State to her citizens has been repdiated, and her most solemn contracts violated and sanctioned and sustained by her ablest jurists, thereby leaving the people to bear as best ,they can the increased burdens thus imposed; and,
Whereas, The low price of cotton, the scarcity of money, the unsettled condition of the political affairs of the State, and the derangement and inefficiency of labor, reader it impossible for the debtor to make even partial payment; and,
Whereas, To undertake to force the payment of indebtedness would only result in bankruptcy and utter ruin of the great masses, and concentrate into the hands of a few the little remaining from ruthless war; and.
Whereas, All or nearly all the indebtedness was based directly or indirectly upon the property thus destroyed or depreciated, while the amount of indebtedness is held undimiaished. Therefore,
We, the people of Georgia in Convention assembled, do solemnly Ordain, That from and after the passage of this Ordinance no Court in this State shall have jurisdiction at any time, to hear or determine, or render judgment against any citizen of this State upon any contract or agreement made or entered into, or for any tort or inj ury committed prior to the first day of June, 1865; nor shall any Court or ministerial officer of this State ever have jurisdiction to enforce any

90

JOURNAL OF THE GEORGIA

judgment or execution, rendered or issued upon any contract or agreement, or for any tort or injury committed prior to said first day of June, 1865.
Your Committee also submit the following Resolution : Resolved, That the Committee on the Judiciary be, and they are hereby instructed to insert in that part of the Constitution which defines the powers of the Judiciary of this State, the following section, to-wit :
No Court in this State shall have jurisdiction at any time to hear or determine or render judgment against any citizen of this State, upon any contract or agreement made or entered into, or for any tort or injury committed prior to the first day of June, 1865 ; nor shall any Court or ministerial officer of this State, ever have jurisdiction to enforce any judgment or exe cution, rendered or issued upon any contract or agreement, or for any tort or injury made or committed prior to said first day of June, 1865.
JOHN HARRIS, Chairman. C. H. HOPKIISTS, ST. P. HOTCHKISS, W. L. GOQDWIN, R, B. BULLOCK, W. W. DEWS, W. H. WHITEHEAD,
Leave of absence was granted Messrs. Edwards,
Daley, "Wilbur, and Eoberts, on account of sickness.
Mr. Bigby, from the Committee on Executive Depart
ment, made the following report :

Mr. President: The Executive Committee have had under consideration the
matters relating to the Executive Department, and beg leave to submit the following report :

ARTICLE in.
SECTION" I.
1. The Executive power shall be vested in a Governor, whoshall hold his office during the term of four years, and until such time as a successor shall be chosen and qualified. He shall have a competent salary, established by law, which shall

CONSTITUTIONAL CONVENTION.

91

not be increased or diminished during, the period for which he shall have been elected; neither shall he receive within that period any other emolument from the United States, or either of them, or from any foreign power.
2. The Governor shall be elected by the persons qualified to vote for members of the General Assembly, on -------------- in the year eighteen hundred and sixty-eight, and quadrennially thereafter on the ------------ until such time be altered bylaw, which election shall be held at the places of holding general elections in the several Counties of this State, in the same manner as is prescribed for the election of members of the General Assembly. The returns for every election of Governor shall be sealed up by the Managers separately from other returns, and directed to the President of the Senate and Speaker of the House of Eepresentatives, and transmitted to His Excellency, the Governor, or the person exercising the duties of Governor for the time being, who shall, without opening the said returns, cause the same to be laid before the Senate on the day after- the two Houses shall have been organized, and they shall be transmitted by the Senate to the House of Representatives. The members of each branch of the General Assembly shall convene in the Representative Chamber, and the President of the Senate and the Speaker of the House of Representatives shall open and publish the returns in presence of the General Assembly, and the person having the majority of the whole number of votes given shall be declared duly elected Governor of this State; but if no person have such majority, then from the two persons having the highest number of votes, who shall be in life, and shall not decline an election at the time appointed for the Legislature to elect, the General Assembly shall immediately elect a Governor viva voce; and in all cases of election of a Governor by the General Assembly, a majority of the votes of the members present shall be necessary for a choice. Contested elections shall be determined by both Houses of the General Assembly, in such manner as shall be prescribed by law.
3. No person shall be eligible to the office of Governor who shall not have been a citizen of the United States fifteen years and a citizen of this State ten years, and who hath not attained the age of thirty years.

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JOURNAL OF THE. GEORSIA

4. In case of the death, resignation, or disability of theGovernor, the President of the Senate shall exercise the Execu tive powers of the government until such disability be removed,, or a successor is elected or qualified. And in case of the death,, resignation, or disability of the President of the Senate, the Speaker of the House of Representatives shall exercise theExecutive powers of the government until the removal of the disability, or the election and qualification of a Governor. TheGeneral Assembly shall have power to provide by law for filling unexpired terms by a special election,
5. The Governor shall, before lie enters on the duties of hisoffice, take the following, oath or affirmation: " I do solemnly swear, or affirm (as the- case may be),, that I will faithfully execute the office of Governor of the State of Georgia; and will, to the best of my abilities, preserve^ protect,, and defend the Constitution thereof, and the Constitution of the United States of America."

SECTION II..
1. The Governor shall be Commamder-m-Chief of the Army and Navy of this State, and of the Militia.
2. He shall have power to grant reprieves and pardons, to commute penalties, and to remit any part of a sentence for offences against the State, except in cases of impeachment.
3. He shall issue writs of election to fill all vacancies that happen in the Senate or House of Representatives, and shall have power to convoke the General Assembly oa extraordinary occasions, and shall give them, from time to time, information: of the state of the Commonwealth, and recommend to their consideration such measures as he may deem necessary and expedient.
4. When any office shall become vacant by death, resigna tion, or otherwise, the Governor shall have power to fill sucb vacancy, unless otherwise provided by law; and persons soappointed shall continue in office until a successor is appointed agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof.
5. A person once rejected by the Senate shall not be reappointed by the Governor to the same office during the same session, or the recess thereafter.

CONSTITUTIONAL CONTENTION.

9$

6. The Governor shall have the revision of all bills passed by both Houses, before the same shall become laws; but twothirds of each House may pass a law notwithstanding his dissent, and if any bill should not be returned by the Governor within five days (Sundays excepted) after it has been presented to him, the same shall be a law, unless the General Assembly, by their adjournment, shall prevent its return. He may approve any appropriation; and disapprove any other appropriation in the same bill, and the latter shall not be effectual unless passed by two-thirds of each House.
t. Every vote, resolution, or order, to which the concurrence of both Houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor; and before it shall take effect, be approved by him, or being disapproved, shall be re-passed by two-thirds of each House, according to the rules and limitations prescribed in case of a bill.
8. There shall be a Secretary of State, a Comptroller Gene ral, a Treasurer, and Surveyor General, elected by the General Assembly, and they shall hold their offices for the like period as the Governor, and shall have a competent salary, which shall not be increased or diminished during the period for which they shall have been elected. The General Assembly may, at any time, -consolidate any two of these offices, and require all the duties to be discharged by one officer.
9. The great seal of the State_ shall be deposited in the office of the Secretary of State, and shall not be affixed to any instru ment of writing but by order of the Governor or General Assembly; and that .now in use shall be the groat seal Of the State, until otherwise provided by law.
10. The Governor shall have power to appoint his own Sec retaries, not exceeding two in number, unless more shall be authorized by the General Assembly.
On motion of Mr. Blount the Rule was suspended, when he moved that five hundred copies of the foregoing
report be printed for the use of the Convention, and that the report be made the special order for Monday next.
Mr. Akerman called for a division of the question, and the vote being taken on the proposition to print, the motion prevailed.

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JOURNAL OF THE GEORGIA

Mr. Blount asked leave to withdraw the .motion to make the report the special order for Monday next, but objection was made, whereupon Mr. Richardson moved to lay the motion on the table. The same prevailed. ."
The Resolution of Mr. Ashburn, to declare vacant the civil offices in the State or Territory of Georgia, and to provide for filling the same, being the special order for the day, was taken up, and being read, was ruled out of order by the President, for the reason that it had been ruled out of order on the 17th of December as legislative matter, and became the subject of the action of the Con vention yesterday by mistake.
Erom this decision Mr, Ashburn appealed, which appeal he withdrew.
On the call of the roll for the introduction of new matter, the following Ordinances and Resolutions were offered and read the first time:
By Mr. Adkins--An Ordinance to secure adequate and equitable relief to the people of Georgia.
By Mr. Anderson (Mr. Shropshire in the Chair)--An Ordinance for the relief of purchasers of slaves.
By Mr. Ashburn--A Resolution to declare vacant the civil offices of the State or Territory of Georgia, and to provide for filling the same.
Mr. Trammell rose to a point of order, assuming that this Resolution being the same in substance as that which had been ruled out of order as legislative matter, could not be entertained by .-the Convention.
The President pro tern, sustained the point of order. Mr. Ashburn appealed from the decision of the Chair, insisting that the Resolution differed materially from that which had been ruled out of order, as to the time of vacating and the mode of filling said offices. Mr. Getting called for the previous question, which was sustained.

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95

The main question was then put, and upon this the yeas and nays were required to be recorded.
Those who voted in the affirmative, are Messrs.

Akerman, Angier, Bell of Banks, Bowden of Campbell, Bowden of Monroe, Bigby, Blount, Bryson, Burnett, Caldwell, Cooper, Cobb of Madison, Cole, Crawford, Getting,
Dunning, Dunnegan, Fields, Flynn, Fort, Foster of Morgan, Foster of Panlding, Gibson, Goodwin, Gove, Griffin, Harlarid, Harris of Newton, Harrison of Can-oil, Higden, Hotchkiss, Houston, Holcombe,

Hooks, Howe, Hudson, Hutcheson, Jordan, Key, King, Knox, Lee, Maddox, Martin of Carroll, Martin of Calhoun, Martin of Habersham, McCay, Miller, McWhorter, Moore of White, Potts, Eice, Robertson, Saffold, Saulter, Smith of Coweta, Smith of Thomas, Speer, Shropshire, Shumate, Trammel!, Trawick, Waddell, Wilbur, Whiteley, Woodey, Woolen.

Those who voted in the negative, are Messrs.

Adkins, Alexander, Anderson, Ashburn, Bedford, Bentley, Beaird, Baldwin,

Bell of Oglethorpe, Bowers, Bryant, Brown,
Brace well,
Bullock,
Campbell, Catching,

JOURNAL OF THE GEORGIA

Casey, Clift, Chatters, Claiborne, Chambers, Cobb of Houston, Costin, Conley, Crane, Crayton, Crutnley, Dinkins, Ellington, Gilbert, Golden, Guilford, Harrison of Hancock, Higbee, Hopkins, Jackson, Joiner, Jones, Linder, Lumpkin, Madden, Maull, Mathews,

McHan, Minor, Moore of Columbia, Noble, Palmer, Pope, Prince, Reynolds, Richardson, Rozar, Sikes, Shields, Seeley, Sherman, Smith, of Charlton, Stewart, Supple, Stone, Strickland, Turner, Walton, Wallace, Welch, Whitaker, Whitehead of Burke, Williams, Yeates.

There are yeas 68; nays 70. So the decision of the Chair was not sustained.
The President resumed the Chair, and pending a mo tion of Mr. Bryant to lay the Resolution on the table for the present, decided said Resolution out of order, because in the nature of legislative matter.
From this decision Mr. Conley appealed, but withdrew his appeal at the request of Mr. Ashburn, who, by consent of the Convention, withdrew his Resolution.
Mr. Ashburn gave notice that on to-morrow he would move to amend the Resolution of the Committee of ten, appointed to inquire into and report in regard to the powers of the Convention.
By Mr. Ashburn--A Resolution providing for the elec tion of a Printer for the Convention, and an Ordinance

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97

for the relief of the widows .and orphans of the State or Territory of Georgia.
By Mr. Bell, of Banks---A. Resolution excluding new matter on the subject of relief.
By Mr. Bullock (Mr. Waddell in the Chair)--A Reso lution appointing a Committee, consisting of one member from each Congressional District, to prepare and submit to this Convention a list of .names of certain citizens who are now disfranchised by the Acts of Congress, and who have favored the work of Reconstruction under the recent Acts of Congress.
The Rule was suspended, on motion, and the foregoing Resolution taken up, which reads as follows:

Resolved, That the Hon. C, H. Hop-kins, of Chatham, in the First Congressional District, Hon. H. K. McCay, of Sumter, in the Second Congressional District, Hon. G. W. Ashburn, of Muscogee, in the Third Congressional District, Hon. T. J. Speer, of Pike, in the Fourth Congressional District, Hon. B. Conley, of Richmond, in the Fifth Congressional District, Hon. Madison Bell, of .Banks, in the Sixth Congressional District, and Hon. J. L. Dunning, of Fulton, in the Seventh Congres sional District, are hereby constituted a Committee of seven, to prepare and submit to this Convention a list of names of such persons in the State of Georgia, who being disfranchised by the Acts of Congress, have aided and assisted in carrying out the laws of Congress for a reconstruction of the Govern ment by a restoration of this State to the Union, and who thereby, in the opinion of this Convention, are worthy of the clemency of Congress; and that, on the adoption of said list, it be forwarded to the Clerk of the House of Representatives and the President of the Senate, with a recommendation that the said persons be restored to all the rights and privileges of a citizen of the United States.
Mr. Parrott moved to amend by striking out the word "disfranchised" where it occurs, and insert in lieu thereof
the words "those laboring under political disabilities." The same was accepted by Mr. Bullock.

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JOURNAL OF THE GEORGIA

Mr. Bigby offered the following as a substitute for the Resolution as amended:
Resolved, That a Committee of two from each Congressional District be appointed to prepare a list of names of proper persons to be recommended by this Convention to the Congress of the United States, for the removal of such disabilities as are declared to exist under the proposed amendment to the Constitution of the United States, known as Article XIV, or otherwise.
Mr. Richardson called the previous question on the original Resolution, as amended.
The call was sustained, and the main question being put, the Resolution of Mr. Bullock, as amended, was agreed to.
Mr. Bullock offered the following Resolution, which, on motion, was taken up, and agreed to:
Hesolved, That a Sub-Committee, consisting of the Chair man of each delegation to this Convention, be appointed, and requested to furnish the original Committee with the names of such citizens in their several Districts as may be worthy of Congressional clemency.
By Mr. Bigby--A Resolution requesting the Commit tee on Bill of Rights to report the following clause :n
The Legislature shall not deprive a party of any remedy for enforcing a contract which existed when the contract was made.
By Mr. Burnett--An Ordinance prescribing the quali fication of voters in 'this State.
By Mr. Cobb, of Madison--An Ordinance for the relief of the people of Georgia.
By Mr. Chatters--An Ordinance declaring all citizens of this State, without regard to race or color, entitled to equality of rights in places for the public accommodations entertainment, or conveyance,
The same was ruled out of order, because in the nature of legislative matter.

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99

By Mr. Conley--A Resolution to confirm certain finan cial acts of the Legislature of this State for the year 1865,
The same was, on motion, taken up, and referred to the Committee on Finance.
By Mr. Davis--A Resolution requesting the Judiciary Committee to report a certain paragraph for the preven tion, of frauds in elections.
By Mr. Hotcbkiss--A Resolution that the President appoint a Committee, consisting of five members, to be known as the Committee on Miscellaneous Matter.
The Rule was suspended, the Resolution taken up and agreed to.
The following members were announced by the Presi dent as constituting said Committee, to-wit: Messrs. Hotchkiss, Cotting, Edwards, Glover, and Prince.
Mr. Hopkins presented a communication relative to the negotiation of a. loan for the purpose of the Conven tion.
By Mr. Lee--An Ordinance for the relief of the debt ors of Georgia, and an Ordinance for the relief of tax payers.
By Mr. Higbee--An Ordinance on the elective fran chise.
By Mr. Jackson--An Ordinance in regard to the Militia of the State.
By Mr. Martin--A Resolution requesting the Legis lature to inquire into the expediency of selling the State Road.
By Mr. Higden--The following Resolution, which was, on motion, taken up for final action :
WHEREAS, Sales of property under execution are prohibited for the time being, by an Ordinance of the Convention; and, whereas, no provision was made for bringing said Ordinance officially to the attention of the Sheriffs of the State, which may cause the violation of said Ordinance through ignorance thereof--

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Resolved, That one hundred and fifty copies of the Relief Ordinance, and this Preamble and Resolution, be printed, and that a copy be forwarded by the Secretary of the Convention to each Sheriff of the State, and that said Sheriffs inform the Constables of their respective Counties of the same.
The following amendment proposed by Mr, Getting was accepted by Mr. Higden:
Resolved, That the District Commander be and he is hereby requested to enforce a due observance of said Ordinance.
The Resolution, as amended, was agreed to. By Mr. Dunning--A Resolution declaring it impolitic to borrow money to defray the expenses of the Conven tion, until it is ascertained whether it can be obtained from the Treasury of the State. By Mr. Minor--A Resolution to relieve from disability a certain class of citizens of the State .of Georgia, and an Ordinance for the relief of the people of Georgia. By Mr. Parrott--A Resolution requesting Congress to repeal the test oath. By Mr. Rozar--An Ordinance for relief. By Mr. Speer--A Resolution for the appointment of an Assistant Doorkeeper, and an Ordinance for the relief of the people of this State. By Mr. Turner--A Resolution relative to the pay of absent delegates. By Mr. Trawick--A Resolution relative to the con tinuation of the Freedmen's Bureau, and a Resolution in regard to the introduction of new matter. By Mr. "Walton--An Ordinance for the relief of pur chasers of slaves, and a Resolution instructing the Judi ciary Committee to limit the jurisdiction of the Courts of this State to actions that have occurred since -the first day of May, 1865. The Rule was suspended, on motion of Mr. Bryant, and the Resolution offered by him on yesterday, instruct ing the President to appoint a Committee of seven, on

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Corporations, and a similar -Committee on Resolutions, was taken up.
Mr. Akerman proposed to amend the same by striking out that portion relative to the appointment of a Com mittee on Resolutions.
The amendment was accepted by Mr. Bryant, and the Resolution, as amended, was agreed to.
The following Committee was announced by the Presi dent under said Resolution, to-wit: Messrs. Bryant,Wilbur, McCay, Hopkins, Angier, Smith, of Cow-eta, and Foster.
Mr. Angier, the Financial Agent of the Convention, being called upon, reported that General Meade had handed him, in writing, the following:
General Meade desires Dr. Angier to say to the Convention that he is clearly of the opinion that they are entitled to draw their pay and incidental expenses from the State Treasury, and that 'he will endeavor, as soon as possible, to remove the obsta cles now existing to their being paid.
On motion the Convention adjourned until 10 o'clock a. m., to-morrow.

Atlanta, G-cu, Friday, January 10,1868.
The 'Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. Mr. Dunning offered the following Resolution, which, on motion, was taken up, read, and agreed to:
jResolved, That, inasmuch as General George G. Meade has signified his coavenience to visit our Convention this day, and to further the object, we recommend the appointment of a Committee of three to meet General Meade, and conduct him to the right of the Chairman of this Convention.

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The President announced the following Committee under the foregoing Resolution, to-wit: Messrs. Dunning,. "Walton, and Holcombe,
The call of the roll for the introduction of new matter being in order, Mr. Parrott (Mr. Trammell in the Cfoaii?) offered an Ordinance, supplementary to an Ordinance adopted by this Convention for temporary relief, and for other purposes.
The Rules were, on motion, suspended, and the Ordi nance taken up.
On motion of Mr. Speer, the same was made the special order for Monday next, and two hundred copies thereof ordered to be printed for the use of the Convention.
Mr. Parrott also offered a Resolution, requesting that all of the Committees on the Constitution report as early as practicable, and that two hundred copies of each report be printed for the use of the Convention; and moved a suspension of the Rule for the purpose of taking up thesame.
Mr. Bryant moved that the motion to suspend the Rule be indefinitely postponed. This motion prevailed.
Mr. Ashburn, from the Committee on Bill of Rights, made the following report, to-wit :
We, the representatives of the people of the State of Georgia, in Convention assembled, to secure to all citizens thereof the enjoyment of life, liberty, and property, and of pursuing happiness, do ordain and establish this Constitution for its government:

AJRTICLE I,

DECLAEATION os1 RIGHTS,
See. 1. Protection to person and property is the duty of government.
Sec. 2. Impartial protection shall be full and complete. Sec. 3. No person shall be deprived of life, liberty, or prop* erty, except by due process of law.

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Sec. 4. There shall be no imprisonment for debt, except for fraud, or when the debtor resides beyond the limits of the State, or is about to remove therefrom.
Sec. 5. The punishment of all frauds shall be provided by law.
Sec. 6, The writ of habeas corpus shall not be suspended, unless in case of rebellion the public safety may require it.
Sec. 7. A well regulated Militia being necessary to the security of a free people, the right of the people to keep and bear arms shall not be infringed.
Sec. 8. Perfect freedom of religions sentiment be, and the same is hereby secured, and no inhabitant of this State shall ever be molested in person or property, nor prohibited from holding any public office or trust on account of his religious opinion; but the liberty of conscience, hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the people.
Sec. 9. Freedom of speech and freedom of the press are inherent elements of political liberty. But, while every citizen may freely speak, or write, or print on any subject, he shall be responsible for the abuse of the liberty.
Sec. 10. In all prosecutions or indictments for Eibels, 'die truth may be given ia evidence, and the jury shall have the right to determine the law and the facts.
Sec. 11. The right of the people to appeal to the Courts; to petition government on all matters of legitimate cognizance, and peaceably to assemble for the consideration, of any matter of public interest, shall never be impaired.
Sec. 12. Every person charged with offences against the laws oi this State, shall Have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation and list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the attendance of his own witnesses; shall be confronted with the witnesses testifying against him,-and shall have a public and speedy trial fey an. impartial jury.
Sec, 13. No person shall be put in jeopardy of life or liberty more than once for the same offence, save on Ms or her own motion for a new trial, after conviction, or in case of mis-trial..

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See. 14. ISTo conviction shall work corruption of blood, font conviction of treason shall work a general forfeiture of estate during the life of the person attainted.
Sec. 15. Treason against the State of Georgia shall consist in passing an ordinance of secession, or in levying war against "the State or the United States, or giving aid and comfort to the enemies thereof.
Sec. 16. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Sec. 1V. The powers of the Courts to punish for contempts shall be limited by legislative acts.
Sec. 18. Legislative acts in violation of this Constitutioc, or the Constitution of tbe United States, are void, and the Judi ciary shall so declare them.
Sec. 19. JBx post facto laws, laws impairing the obligation of contracts, or preventing the enforcement thereof, are pro hibited.
Sec. 20. Laws shall have a general operation, and no general law, affecting private rights, shall be raised in any particular case by special legislation, except with the free consent in writing of all persons to be affected thereby; and no person being under a legal disability to contract is capable of such free consent.
Sec. 21. The power of taxation over the whole State shall be exercised by the General Assembly only to raise Revenue for the Support of Government, to Pay the Public Debt, to pro vide a general School Fund, and for Common Defense, and shall be ad valorem only.
Sec. 22. The General Assembly may grant the power of Tax ation to county authorities and municipal corporations, to be exercised within their.several territorial limits.
Sec. 23. There shall be no Poll Tax levied, except for Educa tional purposes.
Sec. 24. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. The social status of the citizen shall never be the subj ect of legislation.
Sec. 25. No place or places shall be searched, and no person or person, thing or things, shall be seized, without first particu larly describing the places, persons, and things.

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105

Sec. 26. !N"o warrant shall be issued but upon probable cause, supported by oath or affirmation.
Sec. 27. Private ways may be granted, upon just compensa tion being first paid.
Sec. 28. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime, after legal conviction thereof.
Sec. 29. That all elections shall be free and equal. Sec. 30. Each branch of the General Assembly shall be the judge of the qualifications of its own members. Sec. 31. No person shall be molested for his opinions, nor suffer any civil or political incapacity, or acquire any civil or political advantage in consequence of such opinions. Sec. 32. Laws shall be passed by the 'General Assembly to protect from sale under execution a reasonable amount of property for each head of the family, for the use of his or her family. . Sec. 33. All penalties shall be proportioned to the nature of the offence.
Sec. 24. "No citizen of this State shall be subjected to corpo real punishment.
Sec. 35. No Lottery hereafter shall be authorized, or sale of Lottery tickets allowed in this State.
Sec. 36. No person, after the adoption of this Constitution, shall engage in a duel, send or accept a challenge, or be aider or abettor to a duel; and the Legislature shall fix the punish ment.
Sec. 37. The State of Georgia shall ever remain a member of the American Union; the People thereof are a part of the American Nation; that every citizen owes paramount allegiance to the Constitution and Government of the United States, and jio law or ordinance of this State, in contravention or subver sion thereof, can or shall ever have any binding force.
G. W. ASHBURN, Chairman.

On motion of Mr. Whiteley,. the foregoing report was laid on the table for the present, and five hundred copies thereof ordered to be printed for the use of the Conven tion.

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Mr. Akerman, from the Committee on Judiciary, offered the following Majority Eeport:
The Committee on the Judiciary Department report the fol lowing, to be incorporated in the Constitution, as the organiza tion of that department of the Government.
A. T. AKERMAN, Chairman for the Committee,
SECTIOST i.
1. The Judicial powers of this State shall be vested in a Supreme Court, Superior Courts, County Courts, Courts of Ordinary, Justices of the Peace, and such other Courts && have been or may be established by law.
2. The Supreme Court shall consist of three Judges, two of whom shall constitute a quorum. When a majority of the Judges are disqualified from deciding any case, by interest or otherwise, the Governor shall designate certain Judges of the Superior Courts to sit in their stead. At the first appointment of Judges of the Supreme Court under this Constitution, one shall be appointed for four years, one for eight years, and one for twelve years; but all subsequent appointments, except to fill unexpired terms., shall be for the term of twelve years.
3. The Supreme Court shall have no original jurisdiction, but shall be a Court alone for the trial and correction of errors from the Superior Courts, and from the City Courts of Savannah, and Augusta, and such other like Courts as may be hereafter established in other cities; and shall sit at the seat of Govern ment at sach times in each year as shall be prescribed by law, for the trial and determination of writs of errors from said Superior and City Courts. The days on which the cases from the several Circuits and City Courts shall be taken iip by the Court shall be fixed by law.
4. The Supreme Court shall dispose of every case at the first or second term after such writ of error is brought; aad ID case the plaintiff in error shall not be prepared at the first terra* to prosecute the case, unless prevented by Providential cause, it shall be stricken from the docket, and the judgment below shall stand affirmed. In any case, the Court may, in its discre tion, withhold its judgment until the next term after the same is argued.

CONSTITUTIONAL CONVENTION.

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5. When only two Judges sit in any case, and they uisagree, the judgment below shall stand affirmed.

SECTION II.
1. There shall be a Judge of the Superior Courts for each. Judicial Circuit. He may act in other Circuits' when author ized by law. At the first appointment of such Judges under this Constitution, one half of the number (as near as may be) shall foe appointed for four years, and the other half for eight years; %ut all subsequent appointments, except to fill unexpired terras, shall be for the term of <eight years.
2. The'Superior Courts shall have exclusive jurisdiction in cases of divorces; in criminal cases, where the offender is sub jected, to loss of life or confinement in the Penitentiary; in cases respecting titles to land and equity-cases; but the General Assembly shall have power to merge tke Common Law and Equity Jurisdiction -of said Courts. Said Courts shall have jurisdiction in all other civil eases where the principal sum claimed exceeds one hundred dollars. They shall have appel late j urisdiction in all such cases as may be provided by law. They shall have power to correct errors in Inferior Judicatories, by writ of certiorari, which shall only issue on the sanction of the Judge; and to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall have such other powers :as shall be conferred on them by law.
3. There shall be no appeal from one jury in the Superior .'Courts to another; but the Court may grant new trials on legal grounds. The Court shall render judgment without the verdict of a jury in all civil cases where an ksuable defence is not filed.
4. The Superior Courts shall sit is each County not less than twice in each year, at such times as iaave been, or may be ap pointed by law.

SUCTION III.
1. There shall be a County Court in each County, presided over by a County Judge. At the first appointment of County Judges under this Constitn/fcion, the counties shall be numbered by the Governor, as near as may be, in the order in which, they fcave been created, and the Judges of the counties numbered ane, five, nine, thirteen, and -so on, shall be appointed for one

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year ; the Judges of the counties numbered two, six, ten, four teen, and so on, for two years; the Judges of the counties numbered three, seven, eleven,, fifteen, and so on, for three years; and the Judges of the counties numbered four,, eight, twelve, sixteen, and so on, for four years. All subsequent appointments, except to fill unexpired terms, shall be for the term of four years.
2. The County Courts shall have jurisdiction in all civil and criming! cases where exclusive jurisdiction is not herein given to some other tribunal; and shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds and taxes, and other matters, as shall beconferred on them by law.
3. The County Courts may sit at any time for the trial of civil and criminal cases; but no civil case, in which the prin cipal sum claimed exceeds one hundred dollars, shall be tried,, except at sessions held twice every year at stated times pre scribed by law, and designated as the semi-annual" sessions..
4. There shall be no jury in the County Courts, except when demanded by a party in a civil or criminal case, and juries,, when so demanded, shall consist of seven, except at the semi annual session, when they shall consist of twelve.
5. There shall be no grand jury in the County Courts ;. but criminal cases in said Courts shall be tried on a written accusa tion, signed by the County Solicitor, plainly setting forth the offence charged, founded on the oath of a competent witness,,, whose name shall be stated in the accusation.
SECTION IV.
1. The powers oi a Court of Ordinary and of Proba-te shall be vested in an Ordinary for each county,, from whose decision there may be an appeal to the Superior Court, under regulations prescribed by law. The County Judges shall, ex officio, be the Ordinaries of their respective comities.

SECTION" V.
1. There shall be in each district one Justice of the Peace,, whose official term, except when, appointed to fill an unexpired term, shall be four years.
2. The Justices of the Peace shall: have jurisdiction in all civil cases where the principal sum. claimed, does not. exceed fifty dollars, and may sit at any time for the trial of such cases.

CONSTITUTIONAL CONTENTION.

109

3. There shall be no appeal to a jury from the decision of a Justice of the Peace.
SECTION TI.
1. There shall be an Attorney-Gen eral of the State, whose official term, except when appointed to fill an unexpired term, shall be four years.
2. It shall be the duty of the Attorney-General to represent the State in all eases in the Supreme Court ; to act as the legal adviser of the Executive Department ; to represent the State in all civil and criminal cases in the Superior Courts, when required by the Governor ; and to perform such other services as shall be required of him by law.

SECTION VII.
1. There shall be a County Solicitor for each county ap pointed for the same time as the County Judge.
2. It shall be the duty of the County Solicitors to represent the State in all civil and criminal cases in the Superior and County Courts of their respective counties, and to perform such other services as shall be required of them by law.

SECTION:
1. The Judges of the Supreme and Superior Courts, the Attorney-General, 'and the County Judges and Solicitors, shall be appointed by the Governor, with the advice and consent of two-thirds of the Senate, and shall be removable by the Gov ernor on the address of two-thirds ;of each branch of the General Assembly, or by impeachment and conviction thereon.
2. The Justices of the Peace shall be appointed by the Judges of the Superior Courts in their respective Circuits, and shall be commissioned by the Governor. They shall be re movable by said Judges on conviction for mal-practice in office, or on the address of two-thirds of the Grand Jury at any term of the Superior Court of the county.
3. The Clerks of the Superior Courts shall be appointed and removable by the Judges thereof. Said Judges shall have the power of appointing the Sheriffs of the counties of their re spective Circuits, and of removing them before the expiration of their terms of office-, for good cause recorded on the minutes of said Courts.

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JOURNAL 3? THE GBOEGIA

SECTION IX.
1. The Judges of the Supreme and Superior Courts, and the Attorney-General, shall have, out of the State Treasury, ade quate and honorable salaries, which shall not be diminished during their continuance in office; but said Judges shall not Teceive any other perquisites or emoluments whatever, from parties or others, on account of any duty required of them.
2. No person shall be Judge of the Supreme or Superior Courts, or Attorney-General, unless at the time of his appoint ment he shall have attained the age of thirty years, and shall have been a citizen of this Ftate and have practiced law therein for seven years.
SECTION x.
1. No total divorce shall be granted except on the concurrent verdicts of two juries. When a divorce is granted, the jury rendering the final verdict shall determine the rights and disa bilities of the parties, subject to the revision of the Court.

SECTION XI.
1. Divorce cases shall be tried in the County where the de fendant resides, if a resident of this State.
2. Criminal cases shall be tried in the County where the crime was committed, except cases in the Superior Courts when the presiding Judge is satisfied that an impartial jury can not be obtained in such County.
3. Cases respecting titles to land shall be tried in the County where the land lies, except where a single tract is.divided by a County line, in which case the Superior Court of either County shall have jurisdiction.
4. Equity cases shall be tried in the County where a defend ant resides, against whom substantial relief is prayed.
5. Suits against joint obligors, joint promissors, co partners, or j oint trespassers residing in different Counties may be tried in either County.
6. Suits against the maker and indorser of promissory notes, or other like instruments, residing in different Counties, shall foe tried in the County where the maker resides.
7. All other cases shall be tried in the County where the de fendant resides.

CONSTITUTIONAL CONVENTION.

Ill

SECTION XII.
1. The right of trial by jury, except where it is otherwise provided in the Constitution, shall remain inviolate.
2. The General Assembly shall provide by law for the selec tion of upright and intelligent persons to serve as Jurors. There shall be no distinction between the classes of persons who compose grand and petit juries. Jurors shall receive no fees or compensation for their services.

SECTION XIII.
1. The Courts heretofore existing in this State styled Inferior Courts are abolished; and their unfinished business and the duties of the Justices thereof are transferred to the County Courts and the Judges thereof, until other provision is made by law in accordance with this Constitution.
Mr. Whiteley, from the Judiciary Committee, offered the following Minority Report, to-wit:
The undersigned have the honor to report their dissent from the conclusions arrived at by the majority of the Judiciary Committee, to whom were referred the matter touching the Judiciary Department of the Constitution.
The character and ability of the gentlemen with whom we had the honor to associate, as well as adherence to what we conceive to be recognized principles, determines our action, and induces us to set forth the reasons that impel us to the course designated.
We set out in the investigation of the work assigned with a desire to make as few changes in the Judiciary of the State as possible, believing that the people of Georgia were attached to the present system, and that that attachment should command our respect, and, so far as it was calculated to subserve their interests, should control our actions.
Whilst we deemed it our duty to avoid too radical a change in the Judiciary system, we are not unmindful of the fact that the progress of events, the great changes in our relations as a people, and the experience we have acquired by revolution--all demand the recognition of the truth: that heretofore elections have been too frequent, and the elective principle too generally applied.

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To recognize this truth, and to provide against the evils that have and ever will follow its non-observance,, we consider it to be our duty to extend the term of office of all Judicial officers, and to provide for the appointment by the Governor, with the assent of two-thirds of the Senate, of the Judges of the Supreme and the Superior Courts, and the Attorneys and So licitors General.
Beyond this we were and are not willing to go, because we are of the opinion that the corruption and strife that will inevitably follow the exercise of a more extended system of appointments, would more than counterbalance any advantages that can reasonably be supposed to adhere to the appointing power, or the application of the appointing principle.
This will, we think, be apparent, from the number of ap pointments provided for in the majority report, as considered in connection with the opportunities afforded the people in the contemplated organic law for the exercise of that power--the ballot--deemed the foundation of Republican Government, and the best security for the perpetuity of Republican institutions.
For these reasons we desire to see the people of Georgia select by ballot the mass of subordinate Judicial officers. As they have done so in the past, and no evil has resulted there from, they can continue to do so with like results.
The subordinate Judicial officers are more intimately and directly associated with the people than any class of officers known to the law. The great changes that have occurred will necessarily increase that intimacy and association; and to secure the people in the due performance of the duties that are to be assigned them, they should be made directly responsible to them for their every act.
By so doing we establish recognized principles of govern ment, alike sanctioned by time and cherished by the people. By the contrary we increase Executive patronage to an alarm ing extent, and prove recreant to well tried and long established principles. Whilst we differ from the majority of the Com mittee as to some minor matters incorporated into their report, we do not deem it necessary to discuss such difference at this time and in this manner.
Respectfully submitted. RICHARD H. WHITELEY, A. L. HAERIS.

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118

On motion of Mr. Bedford, five hundred copies of the foregoing majority and minority reports, each, were ordered to be printed for the use of the Convention.
Mr. Hudson presented a memorial from Mr. A. M. Jenkins.
Mr. Bell, of Banks, moved to suspend the Rule for the purpose of taking up a Resolution excluding new matter on the subject of relief. The motion did not prevail.
Mr. Catching offered an Ordinance for the relief of debtors in this State, which was read the first time.
Mr. Ashburn presented a letter from the Hon. John Sherman, which was read. Also, a Resolution memorial izing Congress to confer on the Convention the same powers as are delegated to the District Commanders in the second section of the Supplemental Reconstruction Act, passed July 19th, 1867, and for other purposes therein named.
On motion of Mr. Ashburn, the Rule was suspended and the Resolution taken up.
Mr. Bedford moved that it be made the special order for Monday next, and that two hundred copies thereof be printed for the use of the Convention,
Pending discussion of the same General Meade entered the Hall, and was received by the Special Committee for that purpose, who conducted him to the right of the President. He was welcomed by the President and intro duced to the Convention as follows:
General Meade : Allow me, in the name and in behalf of the people of
Georgia, and of their representatives in Convention assembled, to extend to you a cordial welcome.
Gentlemen of the Convention, allow me to introduce to you Major-General George G. Meade, Commander of the Third Military District, who is charged with the execution of the Re construction Acts of Congress. You will please give attention to what he has to address to you.

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General Meade responded as follows:

Mr. President, and Gentlemen of the Convention:
I appear before you to-day in compliance with the courteous Resolutions you have been pleased to pass, inviting me to a seat upon your floor. I came here principally for the purpose of returning to you in person my thanks for 'the kindness and courtesy indicated ,by your Resolutions. At the same time, it appears to me that this is a suitable occasion for me to state to yon, and through you to the people of Georgia, Alabama, and Florida, certain points in regard to what I conceive to be my duty in the position assigned to me by the Government of the United States. I am assigned to the position I now occupy under a law of Congress, by direction of the President of the United States and the Secretary of War. My duty is to execute a law which has been passed by the Congress of the United States. As a soldier, I conceive that I have no right to question the validity of the act from which I derive my powers; nor can I permit it to be questioned by those under my command. There is a proper course to be pursued in test ing the validity of all acts, but I am not the agent for that purpose.
The question arises, wha't are my duties under this law ? In the words of the law, it is "to protect all persons in their rights of person and property; to suppress insurrection, dis order, and violence; and to punish, or cause to be punished, all disturbers of the public peace and criminals;" and when this can not be done through the proper functions of the civil officers, then the law makes it my duty to assist these officers and afford the proper protection, and this duty shall be faith fully and honestly performed. (Applause.)
Furthermore, the law requires that an opportunity shall be given to the people of Georgia, Alabama, and Florida to say whether they will accept the Constitutions which the Conven tions of their respective States may frame. My duty is to see that "all the registered and qualified electors in the State have an opportunity to vote freely, and without restraint, fear, or influence of fraud," so as to enable them to state whether they will or will not accept the terms offered. Now, that duty I shall, to the best of mv ability, endeavor to execute. (Ap-

CONSTITUTIONAL COTVE5TTIOHV

115

plause.) Your duty, gentlemen, -which you are called upon to perform, is to frame a Constitution and Civil Government for the people of Georgia,, and, if accepted by the people of Georgia, then to be submitted to the Congress of the United States. I trust that, as Military Commander, we shall cooperate as far as may be necessary. I do not see, however, that there is much cooperation necessary. Your duty is specific, and!
mine is similar. I do not consider that your Ordinances within the limits of the acts necessary for the discharge of the dutiesprescribed by Congress are to be enforced by me, pending theadoption of the -Coastitntion; but I conceive the powers with which I am invested are sufficient to authorize my adoption of any of your acts as my acts, in case, in my judgment, the well being of the people imperatively require such action on my part, and among such measures I have under consideration,, the Relief laws as prepared by you.
In conclusion, I beg you will pardon so much reference tomyself and actions. But, coming amosg you, as I do, a stranger--never having been in your State before, except pass ing through as a traveller--it has- occurred to me that this plain expression of my views as to my duties, and determination to conscientiously discharge the same, would serve, perhaps, to remove some of the obstacles- that might otherwise be placed in my way. I trust, gentlemen, you will proceed to frame a Constitution and frame a civil government which shall be ac ceptable to the qualified voters of Georgia. It is not my duty to dictate, to recommend, or to advise, but I feel justified in counselling moderation, and earnestly hoping that wisdom, calmness, and reason will govern your proceedings. Again I thank you most sincerely for your courtesy.
On motion of Mr. Conley, the Convention took a recess
for fifteen minutes, for the purpose of allowing the mem
bers an opportunity of personal presentation to General
Meade.
The recess having expired, the Convention resumed the consideration of the question pending. The discussion thereon continued until the regular hour of adjournment (Mr. Trammell having the floor), and the President declared the Convention adjourned until to-morrow, 10 o'clock a. m.

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Atlanta, Ga., Saturday, Jan. 11, 1868.
The Convention met pursuant to adjournment.
Prayer by the Chaplain.
The Journal was read, and the Convention resumed the consideration of the motion pending at the last adjourn ment, to-wit: The motion to print two hundred copies of the Resolution of Mr. Ashburn, memorializing Congress to confer similar authority on the Convention to that now conferred on District Commanders by the second section of the Supplemental Reconstruction Act, and to make said Resolution the special order for Monday next.
The Resolution of Mr. Ashburn reads as follows:
Hesolved, That we, the representatives of the people of Georgia, in Convention assembled, respectfully represent to the Congress of the United States, that it is essential to the suc cessful execution of the Reconstruction laws that the Pro visional Government of this State should be executed by such persons only as are made eligible by the following clause of the sixth section of an "Act to provide for the more efficient govern ment of the rebel States," viz.: "And no person shall be eligible to any office under any such Provisional Government, who would be disqualified from holding office under the provisions of the third article of said Constitutional Amendment." Said section third of said Amendment being " No person shall be eligible, who, having previously taken an oath as a member of Congress, or as an officer of the United States; or as a member of any State Legislature, or as an Executive or Judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof." And we, therefore respectfully recommend that this Convention be clothed with an operative authority, the same as delegated to the District Commander in section second of the Supplemental Reconstruc tion Act, passed July 19th, 1867.

CONSTITUTIONAL CONVENTION.

117

Mr. Trammell presented the following, which was read, and gave notice that he would.offer it as a substitute for the foregoing Resolution:
Resolved, That our confidence in the firmness, ability, and 'fidelity of Major-General George G. Meade is full and com plete. That we hereby express our opinion that he comes among us to execute the laws of the United States, and that his powers are -complete and sufficient, and that he has the will. to effect the restoration of the. State to its full relations as a State of the Union.
Mr. Akermau gave notice of the following as an amend ment to the Resolation of Mr. Ashburn, to-wit:
In such an Act of Congress we desire that it shall be pro vided that no member of this Convention shall hold office in. ^he Provisional State Government.
Mr. "Whiteley presented the following, which was read, and gave notice that he shomld offer it as a substitute for the preceding propositions, to-wit:
WHEEEAS, The Reconstruction Acts recognize the existence of a government within the limits of Georgia, subject to the Military Commander of the District and the paramount au thority of Congress, under which certain officials hold office; and, whereas, the terms for which said officials were elected, as set forth in the laws allowed to operate within said limits, has expired, and said officials hold only by reason of a failure to provide their successors; and, whereas, a great many of said officials are hostile to, and are insiduously using their influence against the restoration of Georgia to the Union, and by so doing are not .only seriously retarding the work of reconstruc tion, but also materially affecting the prosperity of the State. Therefore,
Resolved, That the Convention do hereby request the Legis lative Department of the Government of the United. States to authorize this body to declare vacant the Chief Executive office of this State, and to fill the same, as well as to provide for the removal, through the Chief Executive officer of the State thus selected, of all persons who are hostile to Reconstruction, and the filling of such vacancies by said Executive.
9

118

JOURNAL OF THE GEORGIA

Resolved, That the Convention, in justice to the friends of restoration under the Reconstruction Acts, do hereby request the Department aforesaid to relieve all such of existing disa bilities, that they may be eligible to fill the vacancies thug
created,
Resolved, That the Convention do further request the modi fication of the test oath, so as to admit of all persons who have aided or abetted the late war against the United States holding office therein; provide^!, such persons honestly regret the past, and are earnestly attached to, and determined to labor for the re-union of the State on the basis of the Reconstruction Acts,
Resolved, That a copy of the foregoing Preamble and Reso lutions be forwarded by the President of the Convention to the President of the United States, the President of the Senate^ and the Speaker of the House of Representatives.

Mr. Richardson called the previous question, and upon the question of sustaining the same the yeas and nayswere require i to be recorded.

Those who voted in the affirmative, are Messrs,

Adkins, Ashburn, Baldwin,

Bradley, Buchan, Richardson.

Those who voted in the negative, are Messrs,

Akerman, Alexander; Andersonj Angler, Bedford, Bentley,
Beaird, Bell of Banks, Bowden of Campbell, Bowden of Monroej Bowers, Bigby, Blount,
Bryant, Brown, Bryson, Burnett, Campbell,

Cameron, Catching, Cald-well, Clift, Christian of IsTeWtoH, Chatters, Clalbortie, Chambers, Cooper, Cobb of Houston^ Costin, Cole, Crane, Crawford^ Crayton, Crumley,
Getting, Davis,

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119

Dews,

Dinkins,

Dunning,

Diinnegan,

Ellington,

Fields,

Flynn,

Fort,

Foster of Paalding,

Gilbert,

Good win,

Gove,

Golden,

Griffin,

Guilford,

Harland,

Harris of Chatham,

Harrison of Garroil,

Harrison of Hancoek,

Higbee,

Higden,

Hotetkiss,

Houston,

'

Holcombe,

HepkinSj

Hooks,

Howe,

Hudson,

Hutcheson,.

Jackson,

Joiner,

Jones,

Jordan,

Key,

King,

Knox,

Lee,

Linder,

Lwmpkip,,

Madden,

Maddox,

Mauil,

Mathews,

Martin of Carrolis

Martin of Galho>an,

Martin of Habersham,

McHan, McOay, Minor,
Miller, McWhorter, Moore of White, Moore of Columbia, Murphy, Noble, Palmer,
Pope, Potts, Prince, Reynolds, Riee,
Rozar, Saffold, Saulter, Sikes,.
Shields, Seeley. Sherman, Smith of Chariton, Smith of Coweta, Smith of Thomas, Speer, Shropshire, Simulate, Stewart, Stanford^
Supple, Stanley,
Stone, Trammel!, Trawick8
Walton, Wallace, Waddell,
Welch, Whitaker, Whitehead of Burke, Whiteley, Williams,
Woodey, Wooten,
Yeates.

There are yeas 8; nays 128. So the call for the previous question was not sustained.

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JOURNAL OF THE GEOKSIA

Mr. Whiteley moved to lay the Eesolution on the table, which motion having precedence under the Rules over the motion to postpone to a certain day, was submitted to the Convention, and agreed to.
On motion of Mr. Waddell two hundred copies of the foregoing Resolution, with the proposed substitute and amendment, were ordered to be printed for the use of the Convention.
Mr. Trammell moved that the whole subject matter under consideration be made the special order for Thurs day next.
Mr. "Waddell called for the yeas and nays upon the proposition, but there not being a second to the call by one-fifth of the members present, the call was not sus tained.
The motion to postpone until Thursday was lost.
Mr. Bryant then moved to make the same the special order for Monday next, which motion prevailed.
On motion of Mr. McCay the Rule was suspended for the purpose of offering and acting on the following Reso lution :
Resolved, That the Secretary be directed to furnish MajorGeneral Meade a copy of the Ordinance passed by this Conven tion for the temporary relief of the people against further sales of property under legal process, and a copy of the Preamble and Resolutions passed on yesterday, requesting him to cause it to be enforced until further action of this Convention.
The Resolution was agreed to.
Leave of absence was granted Messrs. McCay, Bigby, Cameron, Gove, and Griffin.
The Convention adjourned until Monday 10 o'clock a. m.

CONSTITUTIONAL CONVENTION.

121

Atlanta, Go,., Monday, January 13, 1868.
The Convention met pursuant to adjournment Prayer by the Chaplain. The Journal was read. On motion of Mr. Bryant (Mr. Conley in the Chair), the Rule was suspended, when lie offered the following Resolution, which was taken up :
Resolved, That the hours of meeting of this Convention be 10 o'clock a. m., and 3 o'clock p. m.; and the hours of adjourn ment be at 1 o'clock p. m., and -- o'clock p. m., of each day.
The same was amended, on motion of Mr. Akermah, by inserting after the word "Convention" the words "after "Wednesday next. 5 '
Mr. Parrott moved to fill the blank with 4-| o'clock. Mr. Prince moved to lay the amendment ou the table. The motion did not prevail. Mr. Speer offered the following as a substitute:
Resolved, That, after Wednesday next, the daily hours of meeting shall be 10 o'clock a. m., and 3 o'clock p. m.; and of adjournment, 1-J- o'clock p. m., and 5 o'clock p. m.
The substitute of Mr. Speer was, on motion, laid on the table.
Mr. Bullock called for the previous question, which was sustained.
The main question, to-wit: the question of adopting the Resolution as amended, on motion of Mr. Akerman, was put, and the amended Resolution lost.
Mr. Trammell, from the Committee on Legislative De partment, in the absence of the Chairman, Mr. McCay, offered the following report, which was read:
The Committee on the Legislative Department make the fol lowing report, and move that it form a portion of the Constitu tion on the Organizations, Powers, Duties, Rights, and Negations of that Department.
Respectfully, in behalf of the Committee, H. K. McCAY, Chairman.

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JOUENAL OF THE GEORGIA

SECTION I.
1. The Legislative, Executive, and Judicial Department shall be distinct; and each Department shall be confided to a sepa rate body of Magistracy. No person or collection of persons, being of one Department, shall exercise any power properly attached to either of the others, except in cases herein expressly provided.
2. The legislative power shall be vested in a General Assem bly, which shall consist of a Senate and House of Representa tives ; the members whereof shall be elected, and the returns of the election made as now prescribed by law, until changed by the General Assembly.
3. The members of the Senate shall be elected for four years, except that the members elected at the first election, from the twenty-two Senatorial Districts, numbered in this Constitution with odd numbers, shall only hold their office for two years. The members of the House of Representatives shall be elected for two years. The election for members of the General Assembly shall be on the first Wednesday in October of every second year, except the first election, which shall be within ---- days after the adjournment of this Convention; but the Legislature may, by law, change the day of election, and the members shall each hold until their successors are elected and qualified.
4. The first meeting of the General Assembly shall be within ---- days after the adjournment of this Convention, after which it shall meet annually, on the first Thursday in Novem ber, or on such other day as the General Assembly may pre scribe. A majority of each House shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and compel the presence of its absent members, as each House may provide. No session of the General Assembly, after the first above mentioned, shall continue longer than forty days, unless prolonged by a vote of two-thirds of each branch thereof.
5. No person holding any military commission or other ap pointment or office, having any emolument or compensation annexed thereto, under this State or the United States, or either of them, except Justices of the Inferior Court, Justices of the Peace, and officers of the Militia, nor any defaulter for public

CONSTITUTIONAL CONVENTION.

123

money, or for any legal taxes required of bim, shall have a seat in .either House. Nor shall any Senator or Representative, after his qualification as such, be elected by the General Assembly or appointed by the Governor, either with or without the advice and consent of two-thirds; of the Senate, to any office or ap pointment having any emolument annexed thereto, during the time for which he shall have been elected.
6. No person convicted of any felony or larceny before any Court of this State, or of or in the United States, shall be ligible to any office or appointment of honor or trust within this State, unless he shall have been pardoned.
7. No person who is the holder of any public moneys shall be eligible to any office in this State, until the same is accounted for and paid into the Treasury.
8. The seat of a member of either House shall be vacated on his removal from the district from which he was elected.
SECTION II.
1. There shall be forty-four Senatorial Districts in this State, composed each of three contiguous counties, from each of which Districts one Senator shall be chosen. Until they are otherwise arranged, as hereinafter provided, the said Districts shall be constituted of counties as follows:
The First District of Chatham, Bryan, and Effingham. The Second District of Liberty, Tatnall, and Mclntosh. The Third District of Wayne, Pierce, and Appling. The Fourth District of Glynn, Oamd en, and Charlton. The Fifth District of Coffee, Ware, and Clinch. The Sixth District of Echols, Lowndes, and Berrien. The Seventh District of Brooks, Thomas, and Colquitt. The Eighth District of Decatur, MiteheH, and Miller. The Ninth District of Early, Calhoun,: and Baker. The Tenth District of Dougherty, Lee, and Worth. The Eleventh District of Clay, Randolph, and Terrell. The Twelfth District of Stewart, Webster, and Quitman. The Thirteenth District of Sumter, Schley, and Macon. The Fourteenth District of Dooly, Wilcox, and Pulaski. The Fifteenth District of Montgomery, Telfair, and Irwin. The Sixteenth District of Laurens, Johnson, and EmanueL The Seventeenth District of Bullock, Screven, and Burke. The Eighteenth District of .Richmond., Glasscock, and Jef ferson.

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JOURNAL CKF THE SEORGI.&

The Nineteenth District of Taliaferro, Warren, and Green.e;, The Twentieth District of Baldwin, Hancock, and Wash ington.
The Twenty-first District of Twiggs, Wflkinson, and Jones, The Twenty-second District of Bibb, Monroe, and Pike. The Twenty-third District of Houston, Crawford, and! Taylor.
The Twenty-fourth District of Marion, Chattahooe&ee, and; Muscogee.
The Twenty-fifth District of Harris,. Upsoh,, and Tafbot. The Twenty-sixth District of Spalding,. Butts, and Fayette.. The Twenty-seventh District of Newton,, Walton, and. Clarke.
The Twenty-eighth District of Jasper, Putnam:, and Morgan,. The Twenty-ninth District of Wilkes, Lincoln,, and Columbia.. The Thirtieth District of Oglethorpe, Madison, and Elbert. The Thirty-first District of Hart, Franklin, and Habersham, The Thirty-second District of White, Lumpkin, and Dawson. The Thirty-third District of Hall, Banks, and Jackson. The Thirty-fourth District of Gwlnnett, DeKalb, and Henry,. The Thirty-fifth District of Clayton, Fulton,, and Oobfo. The Thirty-sixth District of Merriwether,. Coweta, and. Campbell.
The Thirty-seventh District of Troup, Heard, and C'arroll. The Thirty-eighth District of Haralson, Polky and Paulding,. The Thirty-ninth District of Cherokee, Milton,, and Forsyth.. The Fortieth District of Union, Towns, and Rabun. The Forty-first District of Fannin, Gilmer, and Pickens. The Forty-second District of Bartow,Floyd,, and Chattooga., The Forty-third District of Murray, Whitfield, and Gordon.. The Forty-fourth District of Walker, Dade, and Catoosa. If a new county be established, it shall be added to a district which it joins, and from which the larger portion of its terri tory is taken. The Senatorial Districts may be changed by the General Assembly, but only at the first session after the taking* of each census by the United States' Government, and their number shall never be increased.
2. No person shall be Senator who shall not have attained the age of twenty-four years, be a citizen of the United States,.. and for three years a citizen of this State-,, and for one year a resident of the district from whieh he is ehosen*

CONSTITUTIONAL CONVENTION

125

3. The presiding officer shall be styled the President of the Senate, and shall be elected viva vooe from the body.
4. The Senate shall have the sole power to try all impeach ments. When sitting for that purpose, the membeis shall be on oath or affirmation, ad shall be presided over by one of theJudges of the Supreme Court, selected for that purpose by a viva voce vote of the Senate ; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgments in cases of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit within this State, but the party convicted shall nevertheless be liable and subject to indict ment, trial, judgment, and punishment according to law.

SECTIOK in.
1. The House of Representatives shall be composed of one member from each county in this State.
2. No person shall be' a Representative who shall not haveattained the age of twenty-one years, be a citizen of the United States, and has been for three years a citizen of this State, and for one year a resident of the county which he represents, im mediately preceding his election.
S. The presiding officer of the House of Representativesshall be styled the"Speaker,'and shall be elected viva voce from the body.
4. The House of Representatives shall have the sole power to impeach all persons who shall have been or may be in office.
5. All bills for raising revenue or appropriating money shall originate in the House of Representatives, but the Senate may propose or concur in amendments as in other bills.

SECTION TV,
1. Each House shall be the judge of the election, returns, and qualifications of its members, and shall have power to punish them for disorderly behavior or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled except by a vote of two-thirds of the House from which he is expelled.
2. Each House may punish by imprisonment, not extending beyond the session, any person not a member who shall be guilty of a contempt by any disorderly behavior in its pres-

126

.

JOURNAL OF THE GEORGIA

ence, or who, during the session, shall threaten injury to the person or estate of any member for anything said or done in either House, or who shall assault any member going to or re turning therefrom, or who shall rescue, or attempt to rescue, any person arrested by order of either House.
3. The members of both Houses shall be free from arrest during their attendance on the General Assembly, and in going to or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable to answer in any other place for anything spoken in debate in either House.
4. Each House shall keep a Journal of its proceedings and publish them immediately after its adjournment. The yeas and nays of the members on any question shall, at the desire of one-fifth of the members present, be entered on the Journals. The original Journals shall be preserved, after publication, in the office of the Secretary of State; but there shall be no other record thereof.
5. Every bill, before it shall pass, shall be read three times, and on three separate and distinct days in each House, unless in cases of actual invasion or insurrection. Nor shall any law or Ordinance pass which refers to move than one subjectmatter, or contains matter different from what is expressed in the title thereof.
6. All Acts shall be signed by the President of the Senate and the Speaker of the House of Representatives; and no Bill, Ordinance, or Resolution, intended to have the effect of a law, which shall have been rejected by either House, shall be again proposed under the same or any other title, without the con sent of two-thirds of the House by which the same was rejected.
7. Neither House shall adjourn for more than three days, nor to any other place, without the consent of the other; and in case of disagreement between the two Houses on a question of adjournment, the Governor may adjourn either or both of them.
8. The officers of the two Houses, other than the President and Speaker, shall be a Secretary of the Senate and Clerk of the House, and an Assistant for each; a Journalizing Clerk; two Engrossing and two Enrolling Clerks for each House ; and

CONSTITUTIONAL CONVENTION.

127

the number shall not be increased, except by a two-third vote of the House. And their per diem pay, as well as the pay and mileage of the members, shall be fixed by law, in the passage of which two-thirds of the members of each House shall concur. Whenever this Constitution requires a vote of twothirds of either or both House for the passing of an Act or Resolution, the yeas and nays on the passage thereof shall be entered on the Journal or Journals. And all votes on confirma tions or refusals to confirm nominations to office by the Gov ernor, shall be by yeas and nays; and the yeas and nays shall be recorded on the Journal. Every Senator and Representa tive, before taking his seat, shall take an oath or affirmation to support the Constitution of the United States and of this State; that he has not practiced any unlawful means, directly or indi rectly, to procure his election, and that he has not given, or offered, or promised, or caused to be given, or offered, or promised, to any person, any money, treat, or thing of value, with intent to affect any vote, or to prevent any person voting at the election at which he was elected.
SECTION v. 1. The General Assembly shall have power to make all laws and Ordinances, consistent with the Constitution, and not repugnant to the- Constitution of the United States, which they shall deem necessary and proper for the welfare of the State. 2. The General Assembly may alter the boundaries of, or lay off and establish new counties, or abolish counties, attaching the territory thereof to contiguous counties; but no new counties shall be established but by a vote of two-thirds of each House, nor shall any county be abolished except by a vote of two-thirds of each House, and after the qualified voters of the county shall, at an election held for the purpose, so desire. 3. The General Assembly shall have power, by a vote of twothirds of each House, to grant pardons in cases of final convic tion for treason, and to pardon or commute after final convic tion in capital cases, but the Governor may veto as in other cases; and if he should so do, the pardon shall have no force, unless re-passed by a two-third vote, as is provided in other cases of vetoes. 4. The General Assembly shall have power to repeal or modify any charter granted either by the General Assembly or by the Courts.

128

JOURNAL OF THE GEORGIA

SECTION VI.
1. ~No money shall be drawn from the Treasury except by appropriation made by law, and a regular statement and ac count of the receipt and expenditure of all public money shall be published from time to time.
2. oSTo vote, resolution, law, or order shall pass, granting a donation or gratuity in favor of any person, except by the concurrence of two-thirds of each branch of the General Assembly.
3. E"o law or section of the Code shall be annulled or re pealed by mere reference to its title or to the number of the section in the Code, but the amending or repealing act shall distinctly and fully describe the law to be amended or repealed, as well as the alteration to be made.
4. ISTo law shall be passed by which a citizen shall be com pelled, against his consent, directly or indirectly, to become a stockholder in, or contribute to any Railroad or work of public improvement, except in the case of the inhabitants of a corpo rate town or city. In such cases the General Assembly may permit the corporate authorities to take such stock, or make such contribution, or engage in such work after two-thirds of the qualified voters of such town or city shall, at any election held for the purpose, have voted in favor of the same, but not otherwise.
5. The General Assembly shall have no power to grant cor porate powers and privileges to private Companies, except to Banking, Insurance, Railroad, Canal, Navigation, Mining, Express, Lumber, Manufacturing, and Telegraph Companies, nor to make or change election precincts, nor to establish bridges and ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the Courts. But no charter for any Com pany shall be granted or extended, and no act passed author izing the suspension of specie payments by any Bank, except by a vote of two-thirds of the Genera! Assembly. The General Assembly shall have no power to grant any charter without a provision therein for the personal liability of the stockholders for the ultimate payment of the debts of the same, and with a specific, speedy, and effectual mode therein pointed out by which that liability may be enforced. The General Assembly

CONSTITUTIONAL CONVENTION.

129

shall pass no law making the State a stockholder in any corpo rate Company; nor shall the credit of the State be granted or loaned to aid any Company without the concurrence of twothirds of both Houses, nor without a provision that the whole property of the Company shall be bound for the security of the State prior to any other debt or lien; nor to any Company in which there is not already an equal amount invested by private persons; nor for any other object than a work of public im provement. The General Assembly shall grant no charter or permission for any Lottery, and shall, by law, provide adequate penalties to prohibit the sale of Lottery Tickets in this State. The General Assembly shall have no power to appropriate money, except for the support of the Government, the preser vation and repair of the Public Property, the payment of the Public Debt, provision for the Common Defense, and such other purposes as the General Assembly is specially required or em powered to accomplish by the Constitution. No provision in this Constitution for a two-thirds vote of both Houses of the General Assembly shall be construed to waive the necessity of the signature of the Governor, as in any other cases, except in the case of the two-third vote required to override the veto. The General Assembly shall pass no law changing the rules of inheritance, altering the mode of making or the effect of conftracts, changing -the rules of evidence or practice in the Courts, or methods of proceeding to enforce any right, or making or repealing any criminal law without the concurrence of twothirds of both Houses; but this section shall not apply to such acts as are necessary to make or alter the laws now of force so as to conform to this Constitution, and shall be construed as directory only to the General Assembly.
Mr. Richardson, from the Committee on Legislative
Department, presented the following Minority Report,
which was read:

The undersigned, minority of the Legislative Committee, respectfully asks leave to briefly submit the chief points of dif ference in the Committee, reserving the right to offer substi tutes for articles on which the Committee differ, as they shall come up for action. Passing over minor points of difference, three only will be mentioned in this report:

130

JOURNAL OF THE GEORGIA

1. The majority of the Committee would have the appor. tionment of the members to the General Assembly based upon territory, while the minority believe it to be for the best interest of the people to fix the basis upon population; for, where the earth is inhabited by men, there human laws are needed; where it is not inhabited by men, human laws are not needed. Wherever few men dwell, little legislation is required, and. but few interests to be represented; but a large population requires much legislation, and has many and diversified interests to be represented. Human laws are, or should be, made for the good of the earth's inhabitants, not for the earth itself. The repre sentation of territory, instead of people, in some of the States in our Union, has been the cause of destroying the prosperity of the people therein, and creating chaos and discord where order and harmony ought now to exist. Upon such a basis as the majority recommend, the superstructure of an aristocracy has been erected, which has so riveted the shackles of legisla tion upon the mass of the people as to keep them bound in the almost hopeless chains of poverty, degradation, and ruin, and who now tenaciously cling to their Bourbon ideas, and refuse to release their unscrupulous grasp upon the rights of the people. Two distinct fundamental principles are recommended by the Committee: the one, that territory shall be the basis of representation; the other, that it shall be based upon popula tion. It is hoped that the Convention will incorporate into the Constitution the latter principle.
2. It is thought by the minority that the length of time the majority recommend persons changing their residence from neighboring States to this should be necessary before they can be eligible to office, would work injury to the State, by keeping away capital and enterprise. A less time is recom mended.
3. The minority can not agree with the majority that it shall require two-thirds of both Houses of the General Assembly to pass any general law, or statutory criminal law, but believe in leaving the law-making power with the will of the majority, and the Executive approval or veto. Any people, when left free to exercise the powers they inherit from nature, will enact such laws as will best conduce to their interests.
Respectfully submitted.
C. C. RICHARDSON.

CONVENTION.

181

The President laid before the Convention the following Order of Major-General Meade:

HEADQUARTERS THIRD MILITARY DISTRICT, )

(Dept. of Georgia, Alabama, and Florida),

V

ATLANTA, GA., Jan. 13, 1868. )

General Order, N~o< S.

I. Charles J. Jenkins, Provisional Governor, and John Jones?

Provisional Treasurer of the State of Georgia, having dec-lined

to respect the instructions of, and failed to cooperate with the

Major-General commanding the Third Military District, are

hereby removed from office.

II. By virtue of the authority granted by the Supplementary

Reconstruction Act of Congress, passed July 19th, ISO 1?, the

following named officers are detailed for duty in the District of

Georgia: Brevet Brigadier-General Thomas H. Ruger, Colonel

33d Infantry, to be Governor of the State of Georgia; Brevet

Captain Charles F. Rockwell, Ordnance Corps, U. S. Army, to

be Treasurer of the State of Georgia.

III. The above named officers will proceed without delay to

Milledgeville, Georgia, and enter upon the discharge of the

duties devolving upon them, subject to instructions from the&e

Headquarters.

By order of Major-General MEADE.

R. C, DRUM,

Official'

Assistant Adjutant General.

GFOEGE 1C, SANDEBSOX,

Capt, and Act, Asst. Adjt. Gen,

On motion of Mr. Speer five hundred copies of each of the foregoing reports on the Legislative Department were ordered to be printed for the use of the Convention.
Mr. Davis, of "Walton, moved a suspension of the Kule in order to introduce a Resolution to limit members in debate to fifteen minutes, unless by consent of the Con vention.
On motion of Mr. Angier the motion to suspend the Rule was laid on the table,

JOURNAL OF TEE GEORGIA
On motion of Mr, Bryant the Convention proceeded to the consideration of the Resolution of Mr. Ashburn, and the proposed substitutes and amendment, which, on Sat urday, were made the special 'order of this day.
Mr. Ashburn moved to lay the whole subject matter on the table for the present.
The motion prevailed.
Mr. Akerman submitted a minority report on the sub ject of Relief, which is as follows:
The undersigned, members of the Committee on Relief, respectfully present some of their reasons for disagreeing to the report of the majority, and certain Resolutions which they recommend to the adoption of the Convention :
The majority propose, both by Ordinance and by a provision in the Constitution, to deny to Courts and officers all power to collect debts originating prior to June 1, 1865 ; that is, in effect, to abolish all such debts.
No exception is made, even in favor of the most helpless and dependent classes, or against those who still hold valuable property for which they owe. Widows and orphans, whose property went before that date into the hands of faithless trustees, will be left penniless and without remedy by this merciless enactment.
The instinct of justice and humanity which impel us to pro test against it are in strict harmony with the principles of the supreme law of the land.
Without discussing the question whether the proposed meas ures can be reached by the Courts so as to be set aside as un constitutional, we content ourselves with saying that one of the most important provisions in the Constitution of the United States will become utterly worthless if such attempts as this can succeed. When our fathers ordained in that sacred instru ment that no State should pass laws impairing the obligation of contracts, they meant that no State should prevent a creditor from getting his dues; and if this is done by withholding jurisdiction from Courts, or in any other way, the spirit, if not the letter of the Constitution is violated, and one of the main purposes for which the Constitution was made is defeated.

CONSTITUTIONAL CONVENTION.

183

"We can be parties to BO contrivance, however skilful, for evading the Constitution of our country. We wish to return to the Union, from which Georgia unwisely tried to sever herself, with unfaltering loyalty to the principles on which the Union rests. The best atonement which our State can make for her past aberrations is an increased alacrity in performing everything that the Constitution commands, and an increased carefulness to abstain from everything that the Constitution forbids, in letter or spirit. Rebellion against the principles of the Constitution is morally as criminal as rebellion against the {government which the Constitution creates.
Passing from the particular provisions of the Constitution of the United States, we object to the proposed measure, because it is at variance with the ends which are professed by all Gov ernments, civilized or savage. " Protection to person and property is the duty of Government" is the formula in which Georgia has expressed an elementary truth. Property which a citizen has entrusted to another is as sacred as property which remains in his own hands. If you deny him the means of recovering the one you may also subject him, without redress, to robbery of the other.; and, in either case, what becomes of his right of protection?
The reasons for relief, stated in the preamble of the proposed "Ordinance, are all resolvable into this: that debtors are poorer than when their debts were made. It is a new and inadmissable doctrine that men, still able to pay their debts, should be released from them because their fortunes have been diminished since the debts were contracted. If so strange a principle should be recognized at all, reciprocal justice would require that the debts should be enlarged where the debtor's fortune has been increased--a proposition too ridiculous to be seri ously considered.
It should be remembered that the same public calamities which have reduced the estates of debtors have equally reduced the estates of creditors, so that, relatively to each other, the two classes stand as they did before their common misfortunes. The same causes which make it hard for debtors to pay, make it equally hard for creditors to do without their money. If there must be distress, it is better that the distress should come by taking from debtors what is not morally their own, than by
10

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JOURNAL OF THE GEORSIA

'Withholding from creditors what is morally and legally tfteir" own. We sympathize with needy debtors, but we sympathizewith needy creditors, too; and it is our belief that one class isnearly as large as the other. But if it were otherwise, our' judgment would be unchanged; for we abhor the principle which would: sacrifice the rights of one class to the interest of another, because the latter is more numerous. We are per suaded, however, that the number of persons who really desire the proposed or any similar relief is comparatively small. Afew in every neighborhood, stimulated by interest and unre strained by principle, have contrived to- give to their selfish clamors the semblance of a popular voice. Countenanced by influential politicians, who are more anxious to accomplish their ends than careful about the means by which their ends are attained, they have pressed their views on legislative bodies and military commanders; and, audaciously representing them selves as the people, have obtained a consideration to which they are not eatitled by their numbers,, their characters-, or their objects.-
We can not forget that many of these men took advantagesduring the war, of an unrighteous Stay Law, of which they were the zealous advocates, and refused to pay their debts,, when they might have done so in a depreciated and abundant currency; and that since the war they at first deceitfully dis claimed all purpose of ultimate repudiation, and asked for temporary delay only, and when they g,ot that relief from a heedless or interested Legislature, they employed the respite inindustrious labors to pervert the public mind, and to prepare' it for the monstrous consummation that is reached in the report of the Committee* Such men deserve neither sympathy nor respect. While we are sorry that their innocent families should? suffer, we have more pity for the families of those who will be' beggared if their iniquitous schemes prevail.
The affirmation in the third clause of the' majority's report^ that "it is impossible for the debtor to make- even partial pay ment," is disproved by this Very effort to relieve him from paying. Why undertake to prevent impossibilities ? No law on earth can collect what a debtor can not pay. Perhaps the majority simply mean that it is inconvenient for the debtor to pay. This we admit. But when the legislation f the

CONSTITUTIONAL CONVENTION.

135

State was controlled by the classes to which most of the pres ent friends of "Relief" belong, they solemnly enacted that all of an insolvent's property, except a moderate exemption, should be sold to pay his debt. They can not complain if the lav metes 'out to themselves with the same measure. If the present exemption was enough when the standard of wealth was high, it is surely enough when the standard is low. We do not oppose a reasonable enlargement of it as to future debts. But let the debts of the past' be settled on the principles that controlled in the past. The argument that forced sales at present prices will not bring enough to benefit the creditor, is sufficiently answered by the consideration that in all such cases the creditor will have no inducement to bring the property to sale, and, of his own accord, will wait till better times.
The majority cite the Ordinance of the Convention of 1865, repudiating the State war debt, as a reason and a precedent for the action now proposed. It is remarkable that the action of a body which the call for this Convention assumes to have been unauthorized, should be expected to influence ours.
But, supposing that Convention to have been legal, there is nothing to warrant the inferences which the majority draw from its action. If the tax-paying debtors of the State have been relieved from their part of a public debt, they are so. much the abler to pay their private debts. The principle of the Ordi nance of 1865 was one well established at common law, that debts contracted for an illegal purpose, such as to aid in resist ing a lawful government, are void. We can not see how the repudiation of an unlawful debt can justify the repudiation of debts made in the ordinary and lawful course of business.
We also object to the proposed action, because it leaves to a non-resident creditor, whose claim is large enough for the jurisdiction of the Federal Courts, advantages over creditors who reside in Georgia,. A creditor to whom those Courts are open will collect his debts in spite of our Ordinances and the prohibitions in our Constitution. While willing that citizens f other States should enjoy equal rights with ourselves, we are not capable of that romantic generosity which would accord them privileges that are denied to our own people. It has been said that ordinary rules are not applicable to the present ques tion, because a large amount of property has been lost by the

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action oi the Government. We can not see why a destruction of property by public authority should affect the legal relations of debtor and creditor, any more than its destruction by private persons or by usual or Providential causes.
Whatever reason there may be in the proposition that the Government ought to pay for the losses caused by its own acts, there is certainly no justice in imposing any part of the debtor's losses by the Government as a special burden on his creditor.
It has been said that equity requires the creditor to share the debtor's losses. But who is to share the losses of the creditor?
It is an abuse of language to apply the term "Belief" to a measure that takes from one and gives to another, for no fault in the loser and no merit in the gainer.
Before the policy of our conquerors was disclosed, some of our people were apprehensive that their property would be confiscated by the United States Government for their part in the rebellion. That clanger has ceased; but intelligent men among us now propose to make a virtual confiscation of a large amount of property for no crime in the owners, unless it be a crime to have accommodated, in the past, those who are to be the beneficiaries of the nefarious project.
This can be justified by none of the high public considera tions which avowedly prompted the act of emancipation. In our judgment it will work terrible injustice among our people; it will shock the moral sense of our best citizens; it will place among the opponents of our Constitution many good men who would otherwise ratify it; it will be a pernicious precedent for future times; it will repel capital from investment here; in its influence it will sap private morals and destroy all faith between man and man; and it will fix on the character of our State a stigma that will never be effaced until the events of this day shall have passed from the memory and the records of man kind.
There is, however, one species of "Relief" to which our reasonings do not apply--a relief free from all Constitutional objections, and recognizing the grand principle of justice-- that a man shall not be permitted to keep his property to the injury of his creditor. This relief is offered by that Govern ment whose heavy hand brought poverty upon our people.

CONSTITUTIONAL CONVENTION.

1ST

The Bankrupt Law clears a debtor of all liability, upon

giving up his property, except the amount reserved to him by

the provisions of that law, and thus answers the ends of justice

to the creditor and humanity to the debtor.

That law, to accomplish its beneficent designs effectually,

requires some amendments, and these, we believe, would soon

be made, if the wants of our part of the country are known

to Congress. We, therefore; offer the following Resolutions,

as a substitute for the Ordinance and Resolution introduced by

the majority:

1. Resolved, That this Convention respectfully requests the

Congress of the United States, in view of the condition of the

Southern States, to amend the Bankrupt Law of 1867 in the

following particulars, to-wit: 1st, By providing that the reser

vation of property to the bankrupt be made uniform in all the

States, and sufficient for a frugal support to him and his family

until their own industry can maintain them in comfort. 2d,

By providing that the relief given by that law be extended to

fiduciary debtors who have not been faithless or otherwise

culpable in their trusts. 3d, By reducing the expenses of the

proceedings when the estate of the bankrupt is small.

2. Resolved, That the foregoing Resolution be sent by the

President of this Convention to the President of the Senate

and Speaker of the House of Representative of the United

States, with a request that it be laid before those bodies.

3. Resolved, That all Ordinances and Resolutions now before

the Convention on the subject of Relief, except the foregoing,

be indefinitely postponed, and that the Committee on Relief be

discharged from further consideration of the subject.

Respectfully submitted.

AMOS T. AKERMAN, THOMAS P. SAFFOL'D.

Five hundred copies, each, of the majority and minority reports 011 this subject were ordered to be printed for the use of the Convention.
On motion of Mr. Richardson the Rule was suspended, when he offered the following:
Resolved, That the Committee on Printing be, and they aro

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hereby instructed to employ three phonographic reporters for the purpose of taking a full and correct report of the proceed ings of this Convention.
The same was, on motion, taken up. Mr. Akerman offered the following as a- substitute, which was accepted by Mr. Eichardson:
Resolved, That the Committee on Printing be directed to employ three competent reporters to report the debates and proceedings of the Convention, and to provide for the publi cation of such reports in one or more of the daily newspapers of Atlanta, and for furnishing each member of the Convention with ten copies of one of such papers.
Mr. Bryant called for a division of the question, and the vote being taken on the adoption of that portion relative to the employment of reporters, the same was agreed to.
The remainder of the Resolution was, on motion, re ferred to the Committee on Printing.
On motion of Mr. Turner the Rule was suspended, when he offered a Resolution denning the relations of Georgia to the Government of the United States.
The same was read, and on motion of Mr. Bedford three hundred copies thereof ordered to be printed for the use of the Convention.
The hour of 2 o'clock p. m. having arrived, the Presi dent declared the Convention adjourned until 10 o'clock a. m. to-morrow.

Atlanta, Ga., Tuesday, Jan. 14, 1868. The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. The Secretary proceeded with the call of the roll for the introduction of new matter.

CONSTITUTIONAL CONVENTION.

139

Mr. Ashburn offered a Resolution (Mr. Shropshire in

the Chair) petitioning the Congress of the United States

to confer on this Convention the power to establish a

Provisional Civil Government, and to pass an Act of

Relief, and for other purposes therein mentioned; and

moved to suspend the Rule for the purpose of taking up

*he same.

Mr. Bryant called for the previous question.

Mr. Miller rose to a point of order, assuming that the

call for the previous question implied that there were

more than one question before the Convention, and there

being but one, the call was not in order.

The point was overruled by the President pro tern.

Mr. Miller appealed from the decision of the Chair,

but, by request, withdrew his appeal

The President resuming the Chair, the yeas and nays

were demanded on the question of sustaining the call for

the previous question.

Those who voted in the affirmative, are Messrs.

Adkins, Alexander, Anderson, Ashburn,
Bedford,
Bentley, Beaird, Baldwin, Bell of Oglethorpe, Bryant, Brace well, Bradley, Buchan, Bullock, Campbell, Catching, Clift, Chatters, Claiborne, Chambers,
Cobb of Houston, Costin, Conley,

- Crumley, Cotting, Davis, Daley,
Dinkins,
Edwards, Ellington, Gilbert, Golden, Guilford, Harris of Chatham, Harris of Newton, Harrison of Hancock, Hopkins, Jackson, Joiner, Jones, Linder, Lumpkin, Madden,
Maull, McHan, Minor,

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JOURNAL OF THE GEORGFM

McWhorter, Moore of Columbia, Murphy, Noble, Palmer? Pope, Potts, Prince, Reynolds, Eice, Richardson^ Saulter,. Sikes, Seeley,

Sherman,. Stewart, Supple, Stanley, Stone, Striekland, Trawick, Walton, Wallace, Whitaker, Whitehead of Bm-ke,,. Whitehead of Butts., Williams, Woodey.

Those who voted in the negative, are Messrs.

Akerman,

Hooks,.

Angier,

Howe,

Bell of Banks,

Hudson,

Bowden of Campbell,

HutchesonT

Bowden of Monroe,

Jordan,

Bigby,

Key,

JBlount,

King,

Brown,.

Knox,,

Bryson,

Lee,

Bumett,.

Maddox,

Carsorr,

Mathews,

Christian of Newton,.

Martin of CarroE?

Christian of Early,

Martin of Calhouny

Cooper,

Martin of HabershaiEy,

Cobb of Madison,

MiUer,

Crane,

Moore of White,

Crawford,r

Neal,

Dews,

Rozar,

Dunning,

Roberts,

Dunnegan.,

Eoberts0n y

Fields,

Saffold,

Hynn,.

Shields,

Fort,

Smith of Cbarlton,,

Foster of Morgan,

Smith of Coweta,

Foster of Paulding,

Smith of Thomas^.

Gibson,

Speer,

Good-win,

Shropshire,

Gove,

Shumate,

Griffin,

Stanford,

Harlandj,

Trammell,

Harrison of Carroll?

Turner,

Higbee,

WaddeE,

Higden,

Welch,

Houston,

Whiteley,,

Holcombe,,

Yeates*

CONSTITUTIONAL

141

There are yeas 74; nays 70. So the previous question was not sustained.
On the motion to suspend the Eule the yeas and nays were demanded.

Those who voted in the affirmative, are Messrs.

Adkins,

Alexander,

Anderson,

Ashbum,

Bedford,

Bentley,

Beaird,

Baldwin,

Bell of Oglethorpe,

Bowers,

Biyant,

Bracewell,

Bryson,

Bradley,

'

Buchan,

Bullock,

Campbell,

Catching,

Caldwell,

Clift,

Chatters,

Claiborne,

Chambers,

Cobb of Houston,

Costin,

Conley,

Crumley,

Cotting,

Davis,

Daley,

Dinkins,

Edwards,

Ellington,

Gilbert,

Golden,

Guilford,

Harris of Chatham,

Harris of Newton,

Harrison of Hancock,

Higbee,

Hotchkiss,
Hopkins, Jackson, Joiner,
Jones, Jordan,
Linder, Lumpkin, Madden, Maddox, Maull, McHan,
Minor, McWhorter, Moore of Columbia,, Murphy, Noble, Palmer, " Pope, Potts, Prince, Reynolds, Rice, Richardson, Saulter, Sikes,
Seeley, Sherman,
Stewart, Supple, Stone, Strickland, Trawick,
Walton, Wallace, Whitaker, Whitehead of Burke,, Whitehead of Butts, Williams,
Woodey.

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JOURNAL OF THE GEORGIA

Those who voted in the negative, are Messrs,

Akerman, Angler, Bell of Banks, Bowden of Campbell, Bowden of Monroe, Bigby, Blount, Brown, Bumett, Carson, Christian of Newton, Christian of Early, Cooper, Cobb of Madison, Crane, Crawford, Dews, Dunning, Dunnegan, Fields, Flynn, Fort, Foster of Morgan, Foster of Paulding, Gibson, Goodwin, Gove, Griffin, Harland, Harrison of Carroll, Higdeu, Houston, Holcombe,

Hooks, How, Hudson, Hutckeson, Key, King, Knox, Lee, Mathews, Martin of Carro.ll, Martin of Calhoun, Martin of Habersham, Miller, Moore of White, Rozar, Roberts, Robertson, Saffbld, Shields, Smith of Charlton, Smith of Covreta, Smith of Thomas, Speer, Shropshire, Shumate, Stanford, Stanley, Trammell, Turner, Waddell, Welch, Whiteley, Yeates.

There are yeas 80; nays 66. Less than two-thirds of

the members present voting in the affirmative, the motion

to suspend the Rule was lost.

Mr. Harris offered a Resolution, which was, on motion,

taken up and agreed to, that when on any day the call of

the roll should not be completed, it should be resumed at

the point where the suspension took place, and not begua

de novo.

Mr. Maull presented a petition of Dr. J. S. Powell,

which was, on motion of Mr. Bedford, referred to the

Committee on Petitions, without being read.

CONSTITUTIONAL CONVENTION.

143

Mr. Martin, of Calhoun (Mr. Saflbld in the Chair), offered an Ordinance for relief, which was read the first time; and the following Ordinance on franchise and other matters therein named, which was ruled out of order by the President pro tern., because in the nature of legislative matter, to-wit:
Be it Ordained by tlie people of Georgia, in Convention assembled^ That no person snail be entitled to vole at any elec tion in this State, or shall hold any office of profit or honor in the same, unless he can read the Bible and the Constitution of this State; provided, that no free person of color shall ever be eligible to any office in this State.
Intermarriage between white persons and persons of color is hereby prohibited, and persons violating this Ordinance, as well as the minister or officer performing the ceremony of marriage, shall be punished by confinement in separate apartments in the Penitentiary, for not less than ten nor more than twenty years, or be banished to Africa or Liberia, on their own expenses, at the option of the parties.
The following Ordinances and Resolutions were offered and read the first time, to-wit:
By Mr. McCay--An Ordinance to impose a tax of ten per cent, on certain debts in this State.
By Mr. Moore, of Columbia--An Ordinance to prohibit the collection of more than twenty-five per cent, of debts contracted prior to the first day of June, 1865.
By Mr. Saulter--A Resolution to provide for the pay ment of members and officers of this Convention.
By Mr. Smith, of Coweta--An Ordinance for the relief of the people of Georgia, and a Resolution fixing the order of taking up reports.
By Mr. Speer--A Resolution instructing the Door keeper to replace the broken lights in the windows of the north end of the Hall.
By Mr. Supple--An Ordinance on relief. By Mr. Strickland--An Ordinance oa franchise.

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JOURNAL OF THE GEORGIA

By Mr. Trammell--A Resolution to memorialize Con gress in regard to the establishment of a system of colo nization of the colored people of Georgia, by making a donation of some suitable portion of the public lands.
By Mr. Turner--A Resolution instructing the Commit tee on Executive Department to report a clause creating the office of Lieutenant Governor.
Mr. Rozar offered the following Resolution, which was ruled out of order, because in the nature of legislative matter, to-wit:
WHEBEAS, It is an established and incontrovertible fact that the wealth of a nation, or a people, necessarily originates from the earth upon which they inhabit; and, whereas, it is apparent that the result of the late revolution in the United States of America has produced a radical change pertaining to agricul ture in the State or Territory of Georgia; and, whereas, it is considered the deliberations of this body should be for the general good of all citizens which they may represent, irre spective of political differences, and national wealth a para mount consideration. Therefore,
JBe it Resolved, in Convention assembled, by the Represen tatives of the people of the State or Territory of Georgia, That for the more efficiency, encouragement, and progress of agriculture, all sales of land which may take place at any public outcry, in the State or Territory of Georgia, shall be in tracts not exceeding fifty acres, after the passage and adoption of this Resolution.
Mr. Smith, of Thomas, offered the following Resolu tion, which, on motion, was taken up:
WHEEEAS, The Convention, by Resolution, determined that the period for the collection of taxes for 1867, be extended until the first of March, 1868; and, whereas, official notice of the same has not been communicated to the Tax Collectors of the State--
Resolved, That one hundred and fifty copies of said Resolu tion, and this Preamble and Resolution, be printed, and that copies of the same be forwarded by the Secretary of the Con-

CONSTITUTIONAL CONVENTION.

145

vention to each Tax Collector of this State, and said Collectors

be, and they are hereby required, to duly observe the same.

Information being given that the statement in the fore

going Preamble relative to the suspension of taxes until

March 1st, 1868, was a mistake, the Eesolution was, on

motion of Mr. Whiteley, laid on the table.

Mr. Waddell offered the following Resolution, which,

on motion, was taken up, to-wit:

Resolved, 1, That all men, from the highest magistrate to

the humblest citizen, who bear true faith and allegiance to the fundamental principles of Republican Government and popular

liberty, are entitled to the countenance, sympathy, and encour

agement of this Convention.

Resolved, 2, That Major-General Winfield S. Hancock, Com

mander of the Fifth Military District, has shown himself such a man that he is entitled to the thanks of this Convention for

his late orders, wherein those -principles are so unmistakably

avowed, and that this Convention heartily congratulates the people of Louisiana and Texas on their good fortune in having for a Military Commander a gentleman who adheres to the great principles of popular liberty as contained in the Consti

tution of the United States, and inculcated by the Fathers and Founders of the Republic.

Mr. Bedford moved the indefinite postponement of the

Resolution, and called for the previous question, which

was sustained.

The main question was then put, and the yeas and nays

hereon required to be recorded.

Those who voted in the affirmative, are Messrs.

Adkins, , Akerman,
Alexander, Anderson, Angier, Ashburn, Bedford, Bentley,
Beaird, Baldwin,
Bell of Oglethorpe, Bell of Banks,

Bowden of Campbell, Bowers, Bigby, Blount, Bryant, Brown, Bracewell, Bryson,
Bradley, Buchan,
Bullock, Campbell,

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JOURNAL OF THE GEORGIA

. Carson, Catching, Caldweil, Clift, Christian of Newton, Chatters, Claiborne, Chambers, Cooper, Cobb of Houston, Cobb of Madison, Costin, Conley, Crane, Crawford, Crayton, Crumley, Getting, Davis, Da-ley, Dinkins,
Dunning, Dunnegan, Edwards, Ellington, Flynn, Foster of Morgan, Gilbert, Goodwin, Golden, Guilford, Harris of Chatham, Harris of Newton, Harrison of Hancock, Higbee, Higden, Hotchkiss, Hopkins,Hutcheson, Jackson, Joiner, Jones, Jordan, Key, Knox, Lee, Linder,
Madden, Maddox,

Maull, Mathews, Martin of Habersham, MeHan, Minor, Miller, McWhorter, Moore of Columbia, Moore of Pierce, Murphy, Neal,
Noble, Palmer,
Pope,
Potts,
Prince,
Reynolds,
Rice, Richardson, Rozar, Eoberts, Eobertson,
Saulter, Sikes, Shields, Seeley, Sherman, Sntith of Charlton, Smith of Thomas, Speer, Shropshire, Shurnate, Stewart,
Supple, Stanley, Stone,
Strickland,
Trawick, Turner,
Walton, Wallace, Welch, Whitakef,
Whitehead of Burke, "Whitehead of Butts, Whiteley, Williams, Woodey, Yeates.

CTOSYENTICm.

Those who voted in the negative, are Messrs.

Burnett,

Christian of Eariy,

Fields,

Foster of Paul-ding,.

Gove,

Griffiny

'

Harrison of Carroll,

Holcombe, Hudson,, King, Martin of Carroll, Stanford,
Trammel], Waddell.

There are yeas 123; nays 14. So the motion to indefi nitely postpone prevailed.
Mr. Whiteley offered the following Resolution, which r on motion, was takes up :

Resolved, That all matter touching; relief, ro the hands of delegates for introduction, e.xeept amendments to reports of Committees, be handed by them to the Chairman of the Com mittee on Relief, and that no such matter be hereafter presentedin this Convention.

On motion of Mr.- Bradley the ^Resolution was laid OB

the table.

Mr. Shropshire, from the Finance Committee,, made

the following report, whieh, on motion,, was taken upy

to-wit:

x-

Tour Committee beg leave to report that pretermitting any opinion as to the validity of the Constitution of 1865, or the acts of the General Assembly that existed under and by virtuef its authority, we recommend the adoption of the following; Sesolution:
Resolved, That in the opinion of the Convention it is unwise and inexpedient to> directly or indirectly interfere with the legislation of the General Assembly;,, authorizing the issue of bonds for tbe purpose of paying the indebtedness,of the State,
Mr. Harris moved to lay the same on the table for the present, and that three hundred copies thereof be printed.
Mr. Bryant moved that it be Made the special order of the day for to-morrow, as an amendment to the motion of
Mr. Harris. The motion of Mr, Bryant was lost.-

148

JOURNAL OF THE GEORGIA

The question recurring on the motion of Mr, Harris, it was also lost.
The Resolution was adopted. Mr. Bryant, from the Committee on Franchise, made the following report, which, being read, three hundred copies thereof were ordered to be printed for the use of the Convention:
The undersigned, your Committee on Franchise, have had that subject under consideration, and submit the following report:
AETICLE --.
ELECTIONS.
Sec. 3. In all elections by the 'people, the electors shall vote by ballot.
Sec. 2. Every male person born in the United States, and every male person who has been naturalized, or who has legally declared his intention to become a citizen of the United States, twenty-one years old or upward, who shall have resided in this State six months next preceding the election, and shall have resided three months in the County in which he offers to vote, except as hereinafter provided, shall be deemed an elector; and every male inhabitant of the age aforesaid, who may be a resident of the State at the time of the adoption of this Con stitution, shall be deemed an elector, and shall have all the rights of electors as aforesaid.
Re&olved, That no soldier or sailor or marine, in the military or naval service of the United States, shall hereafter acquire a residence by reason of being stationed on duty in this State.
Sec. 3. It shall be the duty of the General Assembly to pro vide from time to time for the registration of all electors; but the following classes of persons shall not be permitted to regis ter, vote, or hold office: 1st, Those who may be disqualified from holding office by the proposed amendment to the Consti tution of the,United States, known as Article XIV, and those who have been disqualified from registering to vote for dele gates to the Convention to frame a Constitution for the State of Georgia, under the Act of Congress to "Provide for the more efficient government of the rebel States," passed by Congress

CONSTITUTIONAL CONVENTION.

149

March 2, 1867, and the Acts supplemental thereto: Provided, That when the Congress of the United States shall remove such disability, all persons affected thereby shall be restored to all the rights and privileges of which they have been restrained "by this section: And provided, further, that such disability shall net disqualify any person as an elector after January 1, 1869. 2d, Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, crime punishable by law with imprisonment in the Penitentiary, or bribery. 3d, Those who are idiots or insane.
Sec. 4. All persons, before registering, must take and sub scribe the following oath: "I, ----------, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of Georgia; that I am not excluded from registering by any of the clauses of Section 3, Article -- of the Constitution of Georgia; that I will never countenance nor aid in the secession of this State from the United States. So help me God."
Sec. 5. Electors shall in all cases, except treason, fekmy, or breach of the peace, be privileged from arrest and civil process for five days before the first day of election, and two days subsequent to the last day of election. -
Sec. 6. It shall be the duty of the General Assembly to enact adequate laws giving protection against the evils arising from the use of intoxicating liquors at elections.
Sec V. Returns of elections for all civil officers, elected by the people, who are to be commissioned by the Governor, and also for the members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided fey the General Assembly.
Sec. 8. It shall be the duty of the General Assembly to isnact adequate laws giving protection to electors, before, during, and subsequent to elections.
Sec. 9. The election of Governor, Senators and Representa tives shall be on the Tuesday after the first Monday in Nbvem foer, unless otherwise provided by the General Assembly.
11

150

JOtTHNAl- OF THE GEOKGIA

Sec. 10. All qualified electors, and none others, shall to eligible to any office in this State, unless disqualified by the Constitution of this State,, or by the Constitution of the United States,
J. E. BKYANT, Chairman. WESLEY SHROPSHIRE,, K L, ANGIER, JAMES L. DUNNING,. P.. B. BEDFORD, PEESLEY YEATES,. E. S. COBB.

Mr. Parrott moved to suspend the Rtile for the purpose of taking up the majority and minority reports on the subject of relief.
Pending discussion on this proposition, the Convention,. on motion of Mr. Bedford, adjourned until 10 o'clock a.m., to-morrow.

Atlanta, G-a., Wednesday, Jan. 15, 186'&
Ike Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read, and Mr. Akerman moved to re consider so much thereof as relates to the adoption of the Resolution, reported by the Committee on Finance on yesterday. He gave notice that, if his motion prevailed, he would move to amend by adding to the Resolution the following words:
And all such bonds, issued under authority of the bodies acting as the General Assembly of Georgia since the 25th daj of November, 1865, are hereby declared to be binding upon the State.
On motion of Mr. Dunning,,- the motion- to reconsider was laid on the table.

CONSTITUTIONAL CONVENTION.

151

Mr. Oaldwell, from the Committee on Education, pre sented the following report, which was read, and five hundred copies thereof ordered to be printed for the use of the Convention, to-wit:
The Committee on Education have had under consideration the matters relating to the interests of Education, and beg leave to submit the following report:
ARTICLE V.
EDUCATION.
Knowledge and Learning, as well as Virtue and Religion, being essential to the highest welfare of a community, and. dif fusing the advantages and opportunities of Education through out the State being highly conducive thereto, it shall be the duty of the General Assembly, at as early a day as convenient after the adopting of this Constitution, to provide for carrying into effect the following General Plan of Education :
Sec. 1. The system of Education in this State shall compre hend one general and complete establishment, and shall consist of a University, at Athens, or such other locality as may be' designated by law, with such Schools as have been or may hereafter be connected therewith; of a Normal School, for training teachers; and of such Free Common Schools, graded Schools and Academies as may be necessary to educate all the inhabitants of . the State, without partiality or distinction, between the ages of six and twenty-one years, and such educa tion shall be free of charge for tuition at least five months inthe year.
Sec. 2. Separate departments in all the Public Institutions o the State, and separate Schools, may be established by law, for such scholars as may be required to occupy such separate de partments or Schools: Provided, That no partiality shall beehown in such regulations.
BOAKBS OF EDUCATION----HOW COMPOSED.
Sec. 3. This general educational establishment shall be under the superintendence and control of a Board of Education,, con sisting of a Superintendent of Public Instruction, who shall be President of the Board, the Chancellor of the University, pro vided, for in.Section I of this Article, who shall be Vice Presi-

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dent, and two members elected from each Congressional Dis trict. Said Board shall be subject to, and each member thereof impeachable by, the General Assembly.
THE BOARD A COBPOBATE BODY----NAME AND STYLE.
Sec. 4. The Board of Education shall be a body corporate, under the name and style of "The Board of Regents of the State of Georgia."
Sec. 5. Two members of the Board of Eegents shall be elected by the legal voters of each Congressional District, and hold their office for the term of four years, or until their suc cessors shall be qualified; and one-half of them, at least,.shall each have received) prior to his election, the Degree of Master of Arts from some chartered College or University. After the first election under this Constitution the Board shall be divided into equal classes, so that each class shall consist of one member from each district. The seats of the first class shall be vacated at the expiration of two years, so that one-half shall be chosen biennially, and in such manner as that there shall never be less than one-half of them Masters of Arts.
STATE SUPERINTENDENT--ELECTION, QUALIFICATIONS, AND DUTIES.
Sec. 6. The Superintendent of Public Instruction shall have the general supervision of all the Public Schools, and perform such other duties as may be imposed upon him by the Board and by the laws of the State-. He shall be elected at the same time and in the same manner, and hold his office for the same time as the Governor of the State; and prior to his election shall have received from some chartered College or University the Degree of Master of Arts. He shall receive such salary, and such travelling and incidental expenses, and such clerical assistance as may be fixed by law, and have his office at such place as the Board-of Regents, with the approval of the General Assembly, may determine.
ANNUAL MEETING OP BOARD.
Sec. 7. The Board of Regents shall meet annually at the seat of Government at the same time as the General Assembly; but no session shall continue longer than twenty days; nor shall more than one session be held in the same year, unless author ized by the Governor. The members shall receive the same mileage and daily pay as the members of the General Assembly.

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BOAED TO FKAME A G-ENEBAL SCHOOL LA\V.
"Sec. 8. The Board of Eegents shall, at their first session after the adoption of this Constitution, proceed to frame a Public School Law for. this State, providing for the complete establish ment of all the Institutions herein -enumerated, and the most efficient government of the same, and for such courses and methods of instruction, and such Subordinate Boards as may be deemed necessary to carry into effect this plan of General Education, The Board shall also make By-Laws for its own government, and stall submit all its acts for approval, amend ment, or rejectioa, to the General Assembly.
Sec. 9. No Institution of Learning shall ever receive any aid, directly or indirectly, from the State, that is not subordinate' in .all respects to the Board of Regents.
Sec. 10. The Educational Fund of this State shall be made up of all the Corporation Stocks of the State; of the entire net income of the Western & Atlantic Railroad ; of all lands, moneys, or other property donated by deed, will, or otherwise, to the State for purposes of education, -of all swamp lands and other lands now belonging, or which may hereafter belong to the State, and of all lands which- may escheat to the State; of all grants of land, money, or other appropriations which have been or may be made to the State by the United States for purposes of education; of all moneys paid to the State as an equivalent for exemption from military service, or as militia fines; of moneys derived from such specific tax as the General Assembly may levy upon all corporations,.except eleemosynary corporations; on all foreign bank and exchange agencies, and on all foreign bank bills issued in the State by any corporation, partnership or persons; of moneys raised by a poll tax, not exceeding two dollars on each qualified voter; and of such sur plus as may remain in the State Treasury at the close of each political year, after all expenses, ordinary a,nd extraordinary, of the Government have been paid. This fund shall remain for ever inviolable for purposes of education.
Sec. 11. The Public School Fund of this State shall be held by such persons as the General Assembly may designate, who shall be required to give a bond for such amount, and with such good and .sufficient surety as may be required, and pay out the same only on the warrant or draft of the Superintendent of

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Public Instruction. He shall be required to keep the same safely deposited in such bank or banks, and at such place or places as the General Assembly may direct; and no portion ofsucli fund shall ever be sent to the counties, or placed in the hands of county officers for disbursement.
Sec. 12. The Superintendents shall issue warrants or drafts on the Treasurer of the Educational Fund only on such vouchers as the laws may require.
Sec. 13. The General Assembly shall provide for an effectual system of visitation to all the institutions herein enumerated, in order to carry out the true intent and design thereof; and Boards and Officers herein provided for shall be held to a strict responsibility for the faithful discharge of their duties, jointly and severally.
Sec. 14. The General Assembly shall never authorize the sale of the Western & Atlantic Railroad.
In behalf of the Convention.
J. H. CALDWELL, Chairman, 3. H. FLYNN, THOMAS GILBERT, O. H. WALTOST, J. W. TRAWICK, II. M. TURNER, T. G. CAMPBELL.

On motion of Mr. Martin, of Halbersham, the Rules were suspended for the purpose of enabling him to ofler the following Resolution:
Resolved, by this Convention, That General Meade be, and he is hereby requested, to order the Treasurer of the State of Georgia to deposit in the hands of N. L. Angier, the Disbursing Agent, subj ect to the order of the Convention, funds sufficient to pay all expenses of the Convention.
Resolved, That the Secretary furnish General Meade, at once, with a copy of this Resolution.
Mr. "Waddell offered the following substitute:
WHEBEAS, The provision made in the Act of Congress, whereunder this Convention is called, for the payment of the fees, salary, expense, and compensation of the officers and dele-

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155

gates to this Convention, only authorize this Convention to provide for the levy and collection of such taxes on the prop erty of the State as may be necessary therefor; and whereas, the necessities of the officers and delegates to the Convention call for the payment of their dues at an earlier day than such collection of taxes can be made ; therefore, be it
Resolved, That the Federal authorities be respectfully re quested to authorize such advance of money as may be necessary to defray the expenses, to be made to the Disbursing Officer of this Convention for the purpose above indicated.
The substitute was withdrawn by the mover for the present, and the original Resolution of Mr. Martin adopted.
Mr. Trammell, from the Committee on Privileges and Elections, submitted the following report, and also laid before the Convention the evidence upon which said report was predicated :
Mr. President: The Committee on Privileges and Elections beg leave to re
port: That they have had under consideration the case of J. R. Griffin and Isaac H. Anderson, of the Twenty-third District, and submit the following as the evidence and the facts consid ered by your Committee in the investigation of the same:
The principal ground relied upon by Mr. J. R. Griffin is, that Isaac H. Anderson was one of the Board of Registrars of the Twenty-third District, and ineligible by order of General Pope. Your Committee are of the opininion that the said Isaac H. Anderson is rendered ineligible by the order of General Pope, which deplares "That no Registrar, who is a candidate for election as a delegate to the Convention, shall serve as a Judge of the election in any county which he seeks to represent."
Your Committee would recommend the adaption of the fol lowing Resolution:
Eesolved, That Isaac H. Anderson, who occupies a seat on this floor, is ineligible, and is, therefore, not entitled to the same.
Resolved, It appearing that J. R. Griffin having received the next highest number of votes cast, that he is hereby entitled to a seat upon this floor.

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JOUR1ML OF THE GEORGIA

On motion of Mr. Bryant, the reading- of the evidence accompanying the foregoing report was dispensed with.
OB motion of Mr. Bradley, the Rule was suspended,, when he offered the following Resolution, which was taken. up, read, and agreed tor to-wit .-
Resolved, That the delegates of the people of Georgia, in Convention assembled, do request the Major-General in com mand to have examined all the jails and other prisons, and have released therefrom all persons unlawfully deprived of their lib erties, and all persons tried ex parte, the right of appeal denied,, and bail refused in violation of the Constitution and the lawsof the United States and the State of Georgia.
On motion of Mr. Richardson, the Rule was suspended, and the Convention went into Committee of the Whole (Mr. Shropshire in the Chair) on the report of the Com mittee on Bill of Rights.
The preamble was, on motion, taken up, and reads as follows:
We, the representatives of the people of the State of Georgia;, in Convention assembled, to secure all citizens thereof the enjoyment of life, liberty, and property, and o pursuing happiness, do ordain and establish this Constitution for its gov ernment.
Mr. Conley moved to 'amend the preamble by inserting after the word "happiness" the words "In reliance upon Almighty God."
Mr. Bell, of Banks, proposed to amend by inserting after the word "happiness" the following words: "In voking the favor and guidance of Almighty God."
Mr. Waddell offered the following as a substitute for the preamble and proposed amendments :
.We, the people of the State of Georgia,, in order to form a permanent government, establish justice, insure domestic tranquility, and secure the blessings of liberty to ourselves and our posterity, acknowledging and invoking the guidance of Almighty God, the Author of all good government, do ordaia and establish this Constitution for the State of Georgia.

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157

Mr. Higbee offered the following as a substitute for the original, the amendments, and the foregoing substitute:
We, the people of Georgia, grateful for our freedom, to secure its blessings and promote our common welfare, do estab lish this Coristitntion.
On motion of Mr. Bryant, the substitute of Mr. Higbee was laid on the table. ,
Mr. Speer proposed the following as a substitute : We, the people of Georgia, in order to form a perfect gov ernment, establish justice, insure domestic tranqnility, and secure the blessings of civil liberty to ourselves and posterity, acknowledging and. imploring the aid and .guidance of God, the Author and Founder of all good government, do ordain and establish this Constitution for the State of Georgia. Mr. Whiteley offered the following as a substitute: We, the people of Georgia, in order to secure to ourselves and our posterity the blessings of free-government,- do, invokingthe guidance of Almighty ^God, ordain and establish this Con stitution for the people of Georgia.
Mr. Bradley moved to amend the original preamble by striking out the words "representative," "Convention assembled," and "order," and inserting after the word "happiness" the words "in reliance on Almighty God."
:0n motion, this .amendment was laid on the table. . The substitute of Mr. Waddell was, on motion, adopted. On motion of Mr. Olift, the caption was amended by striking out the words "the Constitution and Preamble,' 7 and filling the blank with the words "Preamble to the Constitution." Also, by inserting between the preamble and the words "Article I" the following words: " Consti tution of the State of Georgia." The Declaration of Eights was taken up by sections. Mr. Whiteley offered the following as a substitute for Sections 1 and 2 : Impartial protection to person and property is the duty of Government: allegiance thereto and obedience to the laws, thereof the duty of the citizen,

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Mr. Higb^e offered the following as a substitute for the substitute of Mr. WMteley and Sections 1 and 2:

Government originates from the people, and is instituted for the protection of life, of personal freedom, of property, of reputation, and of religion; from foreign and domestic attacks; and it is the right and duty of the people to modify or reform their Government in such manner as they may deem expedient, whenever the public good may require it;

The foregoing substitutes of Mr. Whiteley and Mr. Higbee were laid on the table.
Mr. Akerman offered the following as a substitute for the first section:
Protection to person and property is the paramount duty of Government, and shall be impartial and complete.
The same was adopted. Mr. Bryaiit moved, to strike out the whole .of the second section. The motion prevailed. Mr. Campbell moved to fill the blank with the fol lowing:
No discrimination on. account of color or previous condition shall be maae in this State.
Mr. Bryant proposed to fill the blank with the fol lowing :
That all persons resident in this State, born in the United States, or naturalized, or who shall have legally declared their intention to become citizens of the United States, are hereby declared citizens of the .State of Georgia, possessing equal, civil, and political rights and public privileges.

Mr. Campbell withdrew his substitute, and, on motion of Mr. Akerman, that of Mr. Bryant was laid on the table for the present, subject to the call of the mover, and two hundred copies thereof ordered to be printed for the use of the Convention.
The third section was adopted without amendment

CONSTITUTIONAL CONVENTION.

159

Mr. Conley moved to1 strike out alt after the word " debt," in the fourth section.

Mr. Clift proposed to amend the amendment of Mr. Conley by adding, after the word "debt," in said fourth section, the words " except when the debtor resides be yond the limits of the State, or is about to remove there from."
Pending action on said amendments, the Committee, on motion of Mr. Bryant, rose, and through their Chairman reported the subject matter back to the Convention, with their action thereon.
On motion of Mr. Campbell, the Kules were suspended, when he offered the following Resolution, which was taken up, read, and agreed to, to-wit:

Resolved, That a copy oi the Kesolution introduced this day by the delegate from Chatham, Mr. Bradley, in relation to the jails of this State, and the discharge therefrom of such persons as are held contrary to tne Constitution of the United States, be transmitted to the General commanding the District.

The hour of adjournment having arrived, the President declared the Convention adjourned until 10 o'clock a. m., to-morrow.

Atlanta, Ga., Thursday, Jan. 16, 1868.
The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. Leave of absence was granted Messrs. Lott and Casey on account of sickness. Also, to Mr. Akerman, on special business.

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Mr. Higbee, from the Committee on Enrollment, made the following report:

Mr. President:
The Committee on .Enrollment report that the following Ordinances and Resolutions have been duly enrolled, and are ready for the signature of the President and the attestation of the Secretary, to-wit:
A Resolution allowing representatives of the Press seats in the Convention.
A Resolution to print three hundred copies of the Standing Committees.
A Eesolution for the appointment of a Committee to inquire into the powers of this Convention.
A Resolution to allow proprietors and reporters of the press seats in the Convention.
A Resolution appointing, a Committee of seven to notify General Pope.of the organization of the Convention, and invite his attendance.
A Resolution instructing the 'Secretary-to transmit a copy of the proceedings of this body relative to the appointment of a Provisional Governor.
A recommendation to General Pope to appoint a Provisional Governor.
A Eesolution inviting Generals Pope and Sibley, their staff officers; Colonel Hulbert and staff; Governors and ex-Gov ernors, to seats on the floor of the Convention.
A Resolution tendering the thanks of tue Convention to General Pope.
A Eesolution adding to the Committee on Relief Hons. C. H. Hopkins, Foster Blodgett, and N. P. Hotehkiss.
A Resolution appointing a Committee to receive and welcome General Pope.
A Resolution of thanks to the General Government for its magnanimity, generosity, and leniency toward the people of Georgia.
A Resolution relative to the paying of the expenses of the Convention.

CONSTITUTIONAL CONVENTION.

161

Mr. Miller, from the Committee on the Militia, offered the following report, which was read:
Mr. President :
The Committee on Militia ask leave to report the following propositions--to be inserted in the Constitution:
ARTICLE--.
MILITIA.
Sec. 1. The Militia shall consist of all able-bodied male per sons between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States or this State; and shall be organized, officered, armed, equipped, and trained in such a manner as may be provided by law, sub ject to the paramount authority of Congress over this subject.
Sec. 2. Volunteer Companies of Cavalry, Infantry or Artil lery may be formed in such manner, and with such restrictions as may be provided by law.
Sec. 3. ISTo person conscientiously opposed to bearing arms shall be compelled to do Militia' duty, but such persons shall pay an equivalent for exemption; the amount to be prescribed by law and appropriated to the Common School Fund.
H. V. M. MILLER, Chairman.
The Eule was suspended, on motion of Mr. Dunning, when he offered the following Resolution, which, on mo tion, was taken up, read, and agreed to:
Resolved, That the Chair appoint a Committee of five on Miscellaneous Matters, pertaining to the Constitution.
The President announced the following as the Com mittee appointed under the foregoing, to-wit: Messrs. Dunning, Crane, Bigby, Eice and Holcombe.
The Convention, on motion, went into Committee of the Whole (Mr. Coriley in the Chair) on the report of the Committee on Bill of Eights, resuming the consideration of the fourth section thereof, with the proposed amend ments of Mr. Conley and Mr. Clift.
Mr. Clift asked permission to withdraw the amendment proposed by him, which was unanimously given.

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The amendment of Mr. Conley was then adopted. The fourth section, as amended, reads :
There shall be no imprisonment for debt.
The same, as amended, was adopted. On motion of Mr. Bryant, the Committee rose, and through their Chairman reported the Bill of Rights back to the Convention with further progress, and asked leave to sit again; which, on motion, was granted. The hour of adjournment having arrived, the President declared the Convention adjourned until 10 o'clock a. m., to-morrow.

Atlanta, Ga., Friday, Jan. 17, 1868.
The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. On motion of Mr. Miller, five hundred copies of the report of the Committee on Militia were ordered to be printed for the use of the Convention, On motion of Mr. Potts, the Rule was suspended, when he offered the following Resolution:
Resolved, That this Convention do unanimously tender their thanks to General Meade, Military Commander of the Third Military District, for the course he is pursuing in regard to ^Reconstruction.
Mr. Harris, of Newton, moved to lay the same on the table for the present. The motion was lost.
On motion of Mr. Akerman, the words "is pursuing" were stricken out, and the words "has pursued" inserted.
The Resolution, as amended, was adopted. Leave of absence was granted Messrs. Brown of Henry, Buchan, Bowden, Potts, Foster of Morgan, Bigby, Yeates, Harris of Chatham, and Grumley,

COSTEITTIOT.
The President laid, before the Convention a communi cation from William A, Haua to the Hon. EL H. Stark weather.
On motion of Mr. Bryant, the Convention went into Committee of the Whole (Mr.- Conley in the Chair) OB the report of the Committee on Bill of Rights.
On motion of Mr. Parrott, the Committee adopted the Rules of the House of Representatives of the United States as applicable to the Committee of the Whole^ except that portion- which limits debate.
The Committee resumed consideration- >f the Bill of Rights ', the fifth section thereof being first in order.
Said section was adopted without amendment,
The sixth section was, on motion of Mr.- B-ell, of Banks? amended by adding, after the word "rebellion," the words " or invasion."
The same, as amended, was adopted, Section seven was amended, on motion of Mr. AkermaHy By adding thereto the following:
But the General Assembly shall have power to prescribe by law the manner in which arms may be borne by private persons.
The same, as amended, was- adopted. On motion of Mr. Bryant, the Committee rose, and through their Chairman reported the Bill of Rights back to the Convention with farther progress, and asked leave to sit again, which, on motion s was granted. Mr. Prince moved that, when the Convention adjourn? it would adjourn until 10 o'clock Monday morning. The motion was lost. On motion of Mr. Bryant, the following Resolution^ offered by Mr. Bell, of Banks, was taken up, and referred' to the Committee on Corporations:
Resolved, That tbere be incorporated in the Constitution a clause requiring the General Assembly to foster important

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works of internal improvement, and particularly the Air Line Railroad, by aid from the Treasury, or from the credit of the State.
Mr. Harris, from tile-Committee on Printing, made the following report, which was taken up and read, to-wit :
Mr. President : The Committee on Printing, to whom was referred a Reso
lution directing the employment of three competent Reporters, to report the proceedings of this Convention,, and to provide for publication of the same in one or more papers of Atlanta, and to furnish delegates with copies of the samCj beg leave to report: That three Phonographic Reporters have been engaged from New York, and left that city for Atlanta on the 16th, and will, in all probability, commence their duties on Monday next. The Committee determined and recommend that the daily proceedings be published in the Atlanta New Era and Opinion, and that one copy of each paper be furnished each delegate during the session.
The Committee would also report that the daily Job Printing of the Convention is ordered to be equally divided between the offices of the New Era and Opinion.
Respectfully submitted. A. L. HARRIS,
Chairman Committee on Printing.
The foregoing report was taken up; but before any
further action thereon, the hour of adjournment arrived, and the President declared the Convention adjourned
until 10 o'clock a. m., to-morrow.

Atlanta, G-a., Saturday, Jan. 18,1868.
The Convention met pursuant to adjournment. Prayer by the Rev. Dr. Toung. The Journal was read, and Mr. Richardson moved the -reconsideration of so much thereof as relates to the action of the Convention on yesterday in going into Committee of the "Whole.

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165

On motion of Mr. Bedford the roll was called. A quorum was found present. Mr. Richardson was permitted to withdraw his motion to reconsider. Mr. Blount moved a suspension of the Rule for the purpose of offering a Resolution referring the report of Committee on Privileges and Elections in the case of J. R. Griffin and Isaac H. Anderson, to General Meade. Mr. Trammell proposed to amend the motion of Mr. Blount by taking up the report and acting on it finally. The amendment was accepted. Mr. Bryant moved to amend by suspending the two first Rules in -the Order of the Day. The same was lost, there not being two-third's of the members present voting in the affirmative. The motion of Mr. Trammell was also lost for the same reason. The following communication from General Meade was laid before the Convention by the President:

HEADQUARTERS THIRD MILITAEY DIST. V

(Georgia, Alabama, and Florida),

C

ATLASTTA, GU.., Jan. 17, 1868. )

Hon. tT. S. Parrott, President of the Constitutional Gonven-. tion of the State of Georgia:
DEAK SIB : I have the honor to acknowledge the receipt of a copy of a Resolution, adopted the 15th inst., by the Conven tion, of which you are President, requesting me to order the Treasurer of the State of Georgia to deposit in the hands of Hon. N. L. Angier, the Disbursing Agent of the Convention, subj ect to its order, funds sufficient to pay all the expenses of the Convention.
I have this day received information from the Treasurer that there are no funds in the Treasury at Milledgeville. I have also been recently informed that some of the public institutions of the State have been suffering on account of the non-payment of the appropriations for their support. Whether this failure
12

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of payment Las been on account of the want of means in the' State Treasury, or for other reasons, I am not at present advised.
I shall use my best efforts to secure, without delay, the means of paying the incidental expenses of the Convention, and at least a portion of the per diem and mileage of the members.
If I find, on investigation, that any funds which should be in the State Treasury have been placed beyond my reach, I may deem it necessary to suspend, temporarily, the payment of a portion of the current salaries of all officers who receive their pay either from the State Treasury or the State Eoad.
You will perceive, from the facts above stated, that it isout of my power, at present, to comply with the request of the Convention, much as I desire to do so. In lieu of granting this authority, I respectfully request that the requisitions of your Disbursing Agent may be sent to me, for- my approval,, that I may see that such funds of the State as may become available, be properly distributed according to the public ne^ cessities.
I am, sir, very respectfully,, your obedient servant, GEOBGE G. MEADE, Major-General Comd'g.

Mr. Waddell moved a suspension of the Bale for the purpose of offering the Resolution offered by him, and withdrawn, previously, respecting the means of obtaining money to defray the expenses of the Convention.
The motion to suspend did not prevail. Mr. Whitehead moved a suspension of the Rule, in order to introduce a Resolution for the appointment of a Committee to examine into and report upon the Comp troller Q-eneral and Treasurer's Books, at Milledgeville. The motion was lost. The unfinished business being the report of the Com mittee on Printing, relative to employing three Reporters for the Convention, and for other purposes, was taken upf and, on motion of Mr. Bryant, laid on the table for the present.

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167

Mr. Bryant moved- to suspend the Rule in order to take up the seventh Order of the Day.
The motion was lost. On motion the Convention went into Committee of the Whole on the report of the Committee on Bill of Rights. Mr. Conley in the Chair. Section eight being first in order, was, on motion of Mr. Miller, amended by striking out the word "nor" and inserting in lieu thereof the word "or." This section, as amended, was adopted. Section nine was adopted without amendment. The following, offered as a substitute for the tenth sec tion, by Mr. Stanford, was adopted: In all criminal prosecutions the truth may be given in evi dence, and the jury shall have the right to judge of the law and facts. Pending a motion to adopt the tenth section, as amend ed, the hour of adjournment arrived, and the Chairman of the Committee yielded the Chair to the President, who declared the Convention adjourned until 10 o'clock a. m., Monday.

Atlanta, G-a., Monday, January 20,1868.
The Convention met pursuant to adjournment.
Prayer by the Chaplain.
The roll was called, and a quorum found present.
The Journal was read.
The President laid before the Convention the following
Order of General Meade, which was read: HEADQUARTERS THIRD IflLITABY DISTRICT | (Dep't of Georgia, Alabama, and Florida), t ATLAXTTA, G-A., Jan. 16, 1868. }
General Orders, 2fd, 11.
I. WHEKEAS, The Constitutional Convention of the State of Georgia, now in session in this City, adopted on the 12th day o December, 18ti7, the following Preamble and Ordinance:
WHEKEAS, The question of affording some relief to the

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people of Georgia from the burden of indebtedness which is now oppressing them, is likely to be acted upon by this Con vention at some future day; and, whereas, large amounts of property are novr levied on and about to be sacrificed at Sher iff's sales; and, whereas, the debtors jn such cases should be entitled to the befiefits which may be conferred on other debt ors by the future action of this Convention. Therefore,
e it Ordained by the people of Georgia in Convention assembled^ and it is hereby Ordained by authority of the same, That from and after the passage of this Ordinance, all levies which have been or may be made, under execution issued irom any Court of this State, shall be suspended until this Convention shall have taken, or refused to take, final action upon the matter of relief ; and that all sales, under execution, in violation of this Ordinance, shall be null and void, and of no effect.
II. Therefore, by virtue of the plenary powers vested by the JBeconstruction Acts of Congress in the Commanding General of the Third Military District, and for the temporary relief of the people of Georgia, it is ordered, that said Ordinance shall, from this date, be deemed to have taken effect in said State, and shall continue in full force and validity until said Conven tion shall have taken, or refused to take, final action Upon the matter of relief, or until further orders from these Head quarters : Provided, That this order shall not apply to execu tions issued or to be issued on judgments in favor of laborers or mechanics for services rendered since July 21st, 1365, nor to executions for the collection of taxes.
By order of Major-General MEADE.
K. C. DRUM, Assistant Adjutant General.

Mr. Conley, Chairman of the Committee of the Whole, resumed the Chair, when the Committee proceeded with the consideration of the Bill of Eights, the question of adopting the tenth section thereof being the first in order.
On motion of Mr. Miller the substitute adopted in lieu of the tenth section, on Saturday, was stricken out.
On motion of Mr. Bryant the blank was filled with the

CONSTITUTIONAL CONVENTION,

169

tenth section as reported by the Committee on Bill of Rights, which reads as follows:

In all prosecutionSior indictments for libels, the truth may be

given in evidence, and the jury shall have the right to deter

mine the law and the facts.

"

The same was adopted. Section eleven was, on motion of Mr. Bradley, amended by striking out the words " of public interest," and on motion of Mr. Blodgett by striking out the words " of legitimate cognizance," and adopted with said amend ments. On motion of Mr. Ashburn the Committee rose, and through their Chairman reported the matter under con sideration back to the Convention, with further progress, and asked leave to sit again, which, on motion, was granted. Mr. Bryant moved a suspension of the Rule for the purpose of taking up a Resolution of Mr. Ashburn, ask ing Congress to confer certain powers upon the Conven tion. The motion did not prevail. Mr. Ashburn gave notice that he would, on to-morrow, move to amend the twenty-third Rule, so as to provide that the Rule may be suspended by a majority of the members present. On motion of Mr. Martin, of Habersham, the Rule was suspended, when he offered the following, which was taken up, read, and agreed to:

Resolved, by the Convention, That the proposition of Mr. Hopkins, to negotiate a loan of Forty Thousand Dollars from Northern capitalists, to defray the temporary expenses of this Convention, is cordially approved, and that the same should be carried into immediate effect by the Finance Committee.

Mr. Ashburn moved a suspension of the Rule for the purpose of introducing a Preamble and Resolutions re-

170

JOURNAL OF THE GEORGIA

questing General Meade to restore property to defendants, and hold Sheriffs and all officials to account. for their official acts, under an Ordinance passed by this Conven tion for temporary relief. :
The motion to suspend did not prevail. Mr. Bryant moved to suspend the Rule (Mr. Blouut in the Chair), in order to take up a Resolution of Mr. Ashburn, requesting Congress to confer on this Convention similar powers to those conferred on District Commanders in section second of the Supplemental Reconstruction Act, passed July 19, 1867, for which had been previously offered a substitute by Mr. Trammel!, an amendment by Mr. Akerman, and a substitute by Mr. Whiteley. The motion to suspend the 'Rule prevailed. Pending the question of adopting the substitute of Mr. "Whiteley, Mr. Parrott having the floor, the hour of ad journment arrived, and the President pro tern, declared the Convention adjourned until 10 o'clock a. m., to-morrow.

Atlanta, Ga., Tuesday, Jan. 21, 1868.
The Convention, met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. The unfinished business of yesterday was resumed, to-wit: the Resolution of Mr. Ashburn asking Congress to confer powers on the Convention similar to those con ferred on Military Commanders in the second section of the Supplemental Reconstruction Acts, and the substi tutes and amendment therefor, the first question in order being the adoption of the substitute offered by Mr. Whiteley. Mr. Conley called for the previous question, which was sustained.

CONSTITUTIONAL CONVENTION.

171

The main question was then put, to-wit: the question of adopting the substitute of Mr. "Whiteley in lieu of the original by Mr. Ashburn.
Upon this proposition the yeas and nays were required to be recorded.
Those who voted in the affirmative, are Messrs.

Alexander,

Bedford,

x

Bentley,

Beaird,

Baldwin,

Bell of Ogletherpe,

Bowden of Campbell,

Bowers,

Blodgett, "

Blount,

Bryant,

Brown,

Bracewell,

Bryson,

Carson,

Catching,

Casey,

Caklwell,

Clift,

Chambers,

Cooper,

Costin,

Cole,

Conley,

Crane,

Crawford,

Crayton,

Davis,

Daley,

Dinkins,

Dunning,

Dunnegan,

Edwards,

Ellington,

Gilbert,

d-olden,

Cuilford,

Harris of Newton,

Harrison of Hancock,

Higbee,

Higden, Hotchkiss, Holcombe5 Hopkins,
Howe, Hudson,
Jackson, Joiner,
Jones, Jordan, Key, Linder,
Lott,. Lumpkin,
Madden, Maddox, Maull, Mathews, Martin of Habershani, McHan, McCay, Minor, Miller, Moore of White, Moore of Columbia, Noble, Palmer, Pope, Powell,
Reynolds,
tice, ichardson, Bozar,
Eoberts, Sikes, Shields,
Seeley, Sherman,
Smith of Charlton, Smith of Coweta,

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..JOURNAL OF THE GFEOKGKt

Stewart, Supple, Stone, Strickland, Turner, Walton, Wallace, Whitaker,

Whitehead of Burke^, Whitehead of Butts,, . Whiteley, Williams, Woodey,. "Wooten,, Yeates.

Those who voted in the negative,, are Messrs*

AdkinSj Ashbura,
Bell of Bankgj. Bradley, Burnett,
Campbell, Cameron,
Christian of Newton, Christian of Early, Chatters, Claiborne, Cobb of Houston, Dews, Flynn, Fort,
Foster of Paulding, Gibson, Goodwin, Griffia,

Harland, Harrison of Carrollj, Houston, Hooks, Hutcheson,
King, Knox,
Lee, Martin of Carroll, Martin of Calhoun,, Saulter, Smith of Thomas,, Speer, Shumate, Stanford,
Stanley, Trammell^ Trawick, WaddeH,

There are yeas 95; nays 38. So the substitute of Mr.

"Whiteley was adopted as a substitute for the original.

The yeas and nays were demanded on the question of

the final adoption of the foregoing substitute.

Those who voted in the affirmative, are Messrs,

Adkins,
Alexander,, Anderson, Ashburn, Bedford, Bentley,
Beaird, Baldwin,
Bell of Oglethorpe, Bowers, Blodgett, Blount.

Bryant, Brown, Bracewell,, Bryson, Campbell, Carson, Catching, Casey, Caldwell, Clift, Chatters,

CONSTITUTIONAL CONVENTION.

ITS

Chambers, Cobb of Houston, Costin, Conley, Crane,
Crawford, Crayton, Davis, Daley, Dinkins, Dunning,
Dunnegan, Edwards, Ellington,
Gilbert,
Golden, Guilford, Harris of Newton, Harrison of Hancock, Higbee, Higden, Hqtchkiss, Ho'pkins,
Jackson, Joiner, Jones, Jordan, Knox,
Linder, Lumpkin, Madden, Maull, Mathews, Martin of Habersham,

McHan,

Minor,

Moore of White,

Moore of Columbia3

Noble,

Palmer,

Pope,

Potts,

Powell,

Eeynolds,

Rice,

Richardson,

Eozar,

Roberts,

Sikes,

Shields,

Seely,

f

Shernian,

Smith of Charlton,

Stewart,

Supple,

Stone,

Strickland,

Turner,

Walton,

Wallace,

Whitaker,

Whitehead of Burke?

Whitehead of Butts,

Whiteley,

Williams,

Woodey,

Yeates.

Those who voted in the negative, are Messrs.

Bell of Banks, Bowden of Campbell, Bradley, Burnett,
Cameron, Christian of Newton, Christian of Early, Cooper,, Cole, Dews, Flyim,
Fort,

Foster of Paulding, Gibson, Goodwill,
Griffin, Harland, Harrison of Carroll,
Houston,
Holcombe, Hooks, Howe, Hudson,
Hutcheson,

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JOUBNAL OF THE GEORGIA

Key, King, Lee,
Lott, Maddox, Martin of Carroll, Martin of Calhoun, McCay, Miller, Saulter,

Smith of Coweta, Smith of Thomas, Speer,
Shumate, Stanford, Stanley, Trammell, Trawick, Waddell, Wooten.

There are yeas 91; nays 44. So the same was finally adopted, and is as follows, to-wit:

WHEKEAS, The Reconstruction Acts recognize the existence of a Government within the limits of Georgia, subject to the Military Commander of the District and the paramount au thority of Congress, under which certain officials hold office; and, whereas, the time for which said officials were elected, as set forth in the laws allowed to operate within said limits has expired, and said, officials hold only by reason of a failure to provide their successors; and, whereas, a great many of said officials are hostile to, and are insidiously using their influence against the restoration of Georgia to the Union, and by so doing are not only seriously retarding the work of Reconstruc tion, but also materially affecting the prosperity of the State. Therefore,

Resolved, That the Convention do hereby request the Legis lative Department of the Government of the United States to authorize this body to declare vacant the Chief Executive office of the State, and to fill the same, .as well as to provide for the removal, through the Chief Executive officer of the State thus selected, of all persons who are hostile to Reconstruction, and the filling of such vacancies by said Executive.
Resolved, That the Convention, in justice to the friends of Reconstruction under the Reconstruction Acts, do hereby request the Department aforesaid to relieve all such of existing disabilities, that they may be eligible to fill the vacancies thus created.
Resolved, That the Convention do further request the modi fication of the Test Oath, so as to admit of all persons who have aided or abetted the late war against the United States holding office therein; provided, such persons heartily regret

CONSTITUTIONAL CONVENTION.

175

the past, and are earnestly attached to, and determined to labor for, the re-union of the States on the basis of the Reconstruc tion Acts.
Resolved, That a copy of the foregoing Preamble and Reso lutions be forwarded by the .President of the Convention to the President of the United States, the President of the Senate, and the Speaker of the House of Representatives.

PROTEST OF MR. ASHBURK
The undersigned desires to enter his protest against a portion of the Resolutions adopted on the 21st inst., in relation to the establishment of a Civil Government for the State or Territory of Georgia.
One of the Resolutions referred to asks the Congress of the United States to modify the Test Oath, so that certain persons whom it mentions as having participated in the late rebellion, may hold office under the Provisional Government which it is proposed Jo establish.
To such modification, or any modification of said oath, the undersigned is unalterably opposed.
The enemies of the Government have laid down their arms; the ideas which animated them are still alive. The sword wielded by the Nation in the recent conflict established no principle; it simply demonstrated a fact, namely, that the: Constitutional Government of the United States was more powerful than those who sought its overthrow. A war of ideas preceded the conflict of arms; a war of ideas follows that conflict. It is the solemn duty of the Nation to prevent that strife ever again being transmitted to the field of battle, to deluge the land in blood and clothe its homes in mourning and woe. To prevent this, it must keep from place and power those who still hold to the pernicious ideas which brought on the war. For this purpose the Test Oath is an effective instru ment; it furnishes, in some measure, that security for the future which it is the part of wisdom to demand, arid which it would be the height of folly to neglect.
I, therefore, respectfully but earnestly protest against so much of the action of this body, above referred to, as asks of Congress a modification of the Test Oath.
G. W. ASHBURN.

176

JOURNAL OF THE GEOfiGIA

Mr. Bryant rose to a personal explanation of his vote on the final adoption of the foregoing Resolutions, stating that while in the main they received his sanction, he did not approve the sweeping provision for the removal of political disabilities.
Mr. Campbell voted under a protest against the same feature in the Resolutions which was protested against by Mr. Ashburn.
Mr. Higbee, from the Committee on Enrollment, made the following report:

Mr. President:
The Committee on Enrollment report that the following Ordinances, Resolutions, and Reports have been duly enrolled, and are now ready for the signature of the President and the attestation of the Secretary, to-wit:
A Resolution tendering to Major-General Meade and his staff officers seats on the floor of the Convention.
A Resolution appointing a Committee to petition for the relief of certain persons in this State from political disabilities.
A Resolution appointing a Sub-Committee to report the names of such persons in their Districts as are worthy of clemency.
A Resolution to print one hundred and fifty copies of the Relief Ordinance, and to forward the same to the Sheriffs of the State.
A Resolution appointing a Committee on Miscellaneous Matter.
A Resolution appointing a Committee to receive General Meade.
A Resolution directing the Committee on Printing to employ three Reporters for the Convention.
A Resolution requesting the Secretary to furnish MajorGeneral Meade with a certified copy of a Resolution requesting a release of prisoners unlawfully confined in this State.
A Resolution requesting General Meade to release prisoners unlawfully confined in the State of Georgia.
A Resolution of thanks to General Meade. Report of the Finance Committee.

CONSTITUTIONAL CONVENTION.

177

A Resolution requesting General Meade to order the Treas urer of Georgia to deposit funds in the hands of IN". L. Angier to pay the expenses of the Convention.
A Resolution authorizing the Committee on Privileges and Elections to employ Clerks.
A Resolution adopting the rules of the House of Represen tatives of the Congress of the United States, when in Com mittee of the Whole, for the government of the Convention, when in Committee of the Whole.
A Resolution appointing a Committee of five on Miscel laneous Matters pertaining to the Constitution.
A Resolution directing the Secretary to furnish Major-Gen. Meade with a copy of the Ordinance granting temporary relief, and requesting his enforcement of the same.
W. A. FORT, Chairman Committee on Enrollment.

Mr. Oonley moved a suspension of the Rule for the introduction of a Resolution providing for afternoon sessions.
The motion did not prevail. Mr. Hopkins moved a suspension of the Rule for the purpose of taking up the report of the Committee on Relief, and making it the special order for a day certain. The motion to suspend the Rule prevailed. The report was taken up, and on motion of Mr. Bed ford the same was made the special order for the first day of February next. Leave of absence was granted Messrs. Angier and Saffold on account of sickness, and to Mr. Shumate on account of special business. Mr. Turner moved to suspend the Rules for the intro duction of a Resolution limiting members in debate. The motion did not prevail. On motion of Mr. Maull the Messenger was instructed to ventilate the Hall each day by opening the upper sec tion of the windows.

178

JOURNAL OF THE GEORGIA

Mr. Richardson moved that the Convention go into Committee of the "Whole on the report of the Committee on Bill of Rights.
The motion was lost. On motion of Mr. Bryant the Convention adjourned until 10 o'clock a. m., to-morrow.

Atlanta,, Ga., Wednesday, Jan. 22, 1888.
The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read, and, on motion of Mr. Ashburn, so much thereof was reconsidered as relates to the action of the Convention in making the report of the Com mittee on Relief the special order for the first day of February next. Mr. Campbell moved the reconsideration of so much of the Journal as relates to the action of the Convention in adopting the Preamble and Resolutions of Mr. "Whiteley, on the subject of reorganizing the State Government, the removal of political disabilities, and the modification of the Test Oath. ' On motion of Mr. Conley, the motion of Mr. Campbell to reconsider was laid on th, table. Mr. Ashburn asked permission, which was granted, to enter on the Journal, of yesterday, a protest in regard to the adoption of Mr. "Whiteley's Resolutions, and an expla nation of his vote'on that question. Mr. Caldwell rose to a question of privilege relative to certain reports of proceedings of the Convention pub lished in the Atlanta Intelligencer, in which he declared he was misrepresented.

CONSTITUTIONAL CONVENTION.

170

Mr. Bradley rose to a question of privilege, and moved the expulsion of " Troup," an anonymous correspondent of the Atlanta Intelligencer, for calling this Convention a bogus Convention.
Mr. Qostin also rose to a question of privilege, callingattention to a report of proceedings, which he considered derogatory and unjust to members of the Convention.
Mr. Bryant referred to reports published in the E"ew York Herald as unjust to the Convention, and moved the suspension of the Rule for the introduction of the follow ing Resolution, to-wit:

Resolved, That a Committee of five be appointed to investi gate charges made against Reporters of the Press who have seats on the floor of this Convention, and^that the Committee be instructed to report immediately.

The Rule was suspended and the Resolution adopted. The President announced the following members as composing the Committee under the foregoing Resolu tion, to-wit: Messrs. Bryant, Seeley, Edwards, Whitehead of Butts, and Waddell. Mr. Bradley rose to a question of privilege again, call ing attention to an article signed " Troup," in the Atlanta Intelligencer of the 18th instant, in which he said he was grossly misrepresented (if it had reference to him), and which he desired to have referred to the Committee ap pointed under the foregoing Resolution of Mr. Bryant. Pending action on the question of reference, Mr. Burnett offered the following, which, on motion, was taken up, read, and agreed to, to-wit:
WHEREAS, In one of the journals of this city there recently appeared an article declaring that one Aaron A. Bradley was tried and convicted of a felony in the State of New York, and was sentenced to two years' imprisonment in Sing Sing Peni tentiary, of that State; and, whereas, there i in this Convention a delegate answering to the name of Aaron A. Bradley; and,

180

JOURNAL OP THE GEORGIA-

whereas, it is due alike to this Convention, as well as to the delegate, Aaron A. Bradley, that the fact of identity referred to be investigated. Therefore, be it
Resolved, That the President of this Convention do appoint a Special Committee of seven to investigate the truth or falsity of the charges made in said publication, and report the result thereof at the earliest hour possible to this Convention.
The President announced the following as the Com mittee appointed under said Resolution, to-wit: Messrs. Burnett, Bryant, Beaird, Costin, McGay, Miller, and Whiteley.
By request of Mr. Miller, the Convention excused him from serving on said Committee, and the President ap pointed in his stead Mr. Cole.
On motion of Mr. Ashburn, the report of the Com mittee on Relief was made the special order for Monday next.
Mr. Adkins moved a suspension of the. Rule for the introduction of a Resolution restricting members in debate.
The motion did not prevail. Mr. Conley moved to suspend the rule for the introduc tion of a Resolution providing for afternoon sessions. The motion did not prevail. On motion of Mr. Bell, of Banks, the Rule was sus pended, when he offered the following, which was taken up, read, and agreed to, to-wit:
WHBEBAS, The people of the Northeastern portion of the State are almost entirely deprived of mail facilities, and especially of any means of direct communication with Atlanta, one of the principal commercial cities of the State--
Hesolved, That this Convention do recommend the reestablishment of the tri-weekly mail route and line of hacks from Gainesville to Anderson Courthouse, by way of Homer, Harnesville and Hartwell.
Resolved, That the Secretary immediately forward to the proper authority a copy of the above Resolution, with the request that the route be immediately established.

CONSTITUTIONAL CONVENTION.

181

Mr. Hopkins moved a suspension of the Rule for the purpose of introducing a Resolution .requesting -General Meade to move to this city the Executive Department, and as much of the archives of the State of Georgia as may be needed, and for other purposes.
The motion did not prevail.
On motion of Mr. Bryant, the Convention went into Committee of the Whole (Mr. Conley in the Chair) on the report of the 'Committee on Bill of Rights.
The twelfth section being first in order, was amended, on motion of Mr. Whiteley, by inserting "an" between the -words "with" and "oft'ence," in the first line.
The same, as amended, was adopted, and reads as follows:
Every person charged with an offence against the laws of the State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation and list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the attend ance of his own witnesses.; shall be confronted with the wit nesses testifying against him, and shall have a public and speedy trial by an impartial jury.

Section thirteen was adopted without amendment.
Section fourteen was .amended, on motion of Mr. McCay, by striking out the word "but" and inserting the words "and no." Also, by inserting between the words "estate" and "during" the words "longer than."
The same was adopted, as amended, and reads as follows:
No conviction shall work corruption of blood, and no convic tion of treason shall work a general forfeiture of estate laager than during the life of the person attainted.
Pending action 'on the fifteenth section, on moticm of Mr. Ashburn, the Committee rose, and through tiseir
13

182

JOTJESAL OF THE GEORGIA

Chairman reported back the matter under consideration,with further progress, to the Convention, asking leave to sit again, which, on motion, was granted.
Mr. Caldwell rose to a question of privilege, stating that satisfactory information had reached him that the objectionable reports published in the Atlanta Intelligencer? to which he had this day referred, were not chargeable to the present Reporter of that paper.
On motion of Mr. McCay, the Rule was suspended^, when he offered the following Resolution, which was taken up, read, and agreed to, to-wit :
Resolved, That a Committee of three be appointed to inform Hon. John Erskine, Judge of the U. S. District Court, who isnow in this city, that the Convention has tendered him a seat on its floor, and to inform him that the Convention will be pleased with his presence at his convenience.
The President announced Messrs. McCay, Crane and; Marler as the Committee under the foregoing Resolution.
Leave of absence was granted Messrs. Gove and Cham bers, on account of sickness.
The Convention, on motion, adjourned until 10 o'clock a, m., to-morrow,

Atlanta, Ga., Thursday>f Jan. 23, 1868,
The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. Leave of absence was granted Mr. Saulter, on account of public business. On motion, of Mr. "Whiteley, the Committee went into Committee of the Whole (Mr. Conley in the Chair) on the report of the Committee on Bill of Rights. The fifteenth section thereof being first in order, its considera tion was resumed.

CONSTITUTIONAL CONVENTION.

183

Pending discussion of the same, on motion of Mr. Parrott the Committee rose, and through their Chairman reported the matter under consideration back to the Con vention, asking leave to sit again, which was granted.
The hour of adjournment having arrived, the President declared the Convention adjourned until 10 o'clock a. m., to-morrow.

Atlanta, Ga., .Friday, January 24. 1868.

The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. Mr. Hotchkiss moved a suspension of the Kule for the purpose of introducing the following Resolutions, to-wit:

JResolved, That hereafter, the hours of meeting and adjourn ment shall be 9 o'clock a. m., and 3 o'clock p. m.
Eesolved, That members addressing the Convention shall be confined strictly to the matter of debate.

Upon this motion Mr. Hotchkiss required the yeas and

nays to be recorded.

Those who voted in the affirmative, are Messrs.

Adkins, Alexander, Anderson, . Ashburn, Bentley, Bell of Banks, Bowden of Monroe, Bowers, Blount, Bryant, Brown, Braceweli, Bryson, Bradley, Buchan, Burnett, Campbellj
Carson,

Catching, Casey, Caidwell, Clift, Christian of N"ewton, Christian of Early, Chatters, Cooper, Cobb of Madison, Costin, Conley, Crane, Crawford, Crayton, Crumley, Davis, Daley,
Dews,

184

JOURNAL OF THE GEORGIA

Dinkins, Dunning,
Dunnegan, Edwards,
Ellington, Fields,
Fort, Foster of Paulding, Gilbert, Golden, Griffin, Guilford,
Harland, Harris of Newton, Higbee, Higden,
Hotchkiss, Houston,
Holcombe, Hopkins,
Howe, Hudson, Hutcheson, Jackson,
Joiner, Jones,
Key, King, Knox,
Lee, Linder,
Lott, Lumpkin, Madden, Maddox, Marler, Maull,
Mathews, Martin of Carroll, Martin of Calhoun, Martin of Habershanx McHan, McCay, Miller,

Moore of White, Moore of Columbia, Murphy, Noble, Palmer, Pope, Potts, Powell, Prince, Reynolds,
Rice, Richardson. Rozar, Roberts,
Robertson, Sikes, Shields, Seeley, Sherman, Smith of Charlton, Smith of Coweta, Smith of Thomas, Speer, Shropshire, Shumate,
Stanford, Supple, Stanley, Stone, Strickland, Trammell, Trawick, Walton, "Wallace, Waddell,
Welch, Whitaker, Whitehead of Burke, WhiteJey,. Williams, "Woodey,
Wooten, Yeates..

Those who voted in the negative, are Jiessrs.

Bedford,
Baldwin, Bell of Oglethorpe, Cobb of Houston,

Minor, Stevrart,. Turner, Whitehead of Butts.

T
f:

CONSTITUTIONAL CONVENTION.

185

There are yeas 123; nays 8. So trie rule was sus pended.
The Resolution was taken up, and, on motion of Mr. Conley, the first was amended by inserting 9J o'clock in lieu of 9 o'clock, and the second was stricken out.
Mr. Bryant offered the following as a substitute for the foregoing, as amended, to-wit:

JResolved, That the hours of meeting and adjournment be 10 o'clock, a. m. and 1 o'clock p. m., and 3 o'clock p. m. and -- o'clock p. m.;

The same was not adopted. Mr. Bryant moved to strike out 3 o'clock. The motion did not prevail. The Resolution, as amended, "was agreed to. Mr. Shropshire, from the Committee on Finance, made the following report:
Mr. President: Your Committee have had under consideration the financial
condition of the State, as far as they have had the means of ascertaining the amount now on hand, and beg leave to report, for the information of the Convention, that there is now Ten Thousand Dollars .at the disposal of the Convention; Forty Thousand Dollars now in process of collection by the several Tax Collectors of this State, a portion of which will probably be at the disposal of the Convention within six weeks.
This information your Committee has received from the Com manding General, and is doubtless correct, and all that the Convention can rely upon before the collection of the tax pro vided for in the Ordinance passed by the Convention.

The foregoing report was, on motion, taken up. Mr. Waddell offered the following Resolution as an amendment to the report of the Finance Committee:
"WHBBEAS, The provision made in the Acts of Congress, wheveu'nder this Convention is called, for the payment of the fees, salary, expense, and compensation of the Officers arid Delegates to this Convention, only authorizes this Convention

186

JOURNAL OF THE GEORGIA

to provide for the levy and collection of such taxes on the

property of the State as may be necessary therefor; and,

whereas, the necessities of the officers and delegates to the

Convention call for the payment of their dues at an earlier day

than such collection of taxes can be made. Therefore, be it

Resolved, That the Federal authorities be respectfully re

quested to authorize such advance of money as may be

necessary to defray the said expenses to be made to "?ihe Dis

bursing Officer of this Convention for the purpose above indi

cated.

Mr. Bryant moved to lay the amendment of Mr.

Waddell on the table.

Upon this motion the yeas and nays were demanded.

Those who voted in the affirmative, are Messrs.

Adkins, Bentley, Baldwin, Bryant, Brown, Bradley, Clift, Cobb of Houston, Conley, Crumley, Dunning, Guilford, Harrison of Hancock, Jackson, Joiner, Lee, Mathews,

Martin of Habersham, Moore of White, Murphy, Prince, Rice, Richardson, Sites, Shields, Sherman, Shropshire, Shumate, Stone, Turner, Wallace, Welch, Whitehead of Burke, "VYoodey.

Those who voted in the negative, are Messrs.

Alexander, Anderson, Ashburn, Bedford, Beaird, Bell of Oglethorpe, Bell of Banks, Bowden of Campbell, Bowden of Monroe, Bowers, Blount, Bracewell,

Bryson, Buchan, Burnett, Campbell, Carson, Catching, Casey, Caldwell, Christian of ISTewtou., Christian of Early. Chatters, Cooper,

CONSTITUTIONAL CONVENTION.

187

Cobb of Madison, Costin, ole, Crane, Crawford, Ci'ayton, Davis, Daley, Dews, Dinkins, Dunnegan, Edwards, Fields, ' Flynn, Foster of Morgan, Foster of Patdding, Gilbert, Griffin, Harland, Harris of Newton, Higbee, Higden, Hotchkiss, Houston, Holcombe, Hopkins, Howe, Hudson, Huteheson, Jones, Jordan, Key, Knox, Linder, Lott, Lumpkin,
Madden, Maddox, Marler,

Maull, Martin of Can-oil, Martin of Calhoun, MeHan, McCay, Minor. Miller', Mocre of Columbia, Meal, Noble, Palmer, Pope, Potts, Powell, Reynolds, Rozar, sRoberts, Robertson, Saffold, Seeley, Smith of Charlton, Smith of Coweta, Smith of Thomas, Speer, Stewart, Stanford, Supple, Stanley, Trammell, 'Trawick, Walton, Waddell, Whi taker, Whitehead of Butts, Whiteley, Williams, Wooten, T.eates.

There are yeas 34; nays 161. So the motion to lay on the table did not prevail.
Mr. Bryant moved to refer said amendment to the Finance Committee.
On this motion Mr. "Whiteley called for the previous -question, which was sustained.

188

JOURNAL OF THE GEORGIA

The main question was then put, and the motion to refer
prevailed. On motion of Mr. Saffold, the report of the Finance-
Committee, under consideration, was referred back to that
Committee. The Rule was suspended,, on motion of Mr. Prince,,
when he offered the following Resolution, which was-
taken up, read, and agreed to, to-wit: Mesolved, That Messrs. 0. H. Hopkins, H. V. M. Miller, and
Benjamin Conley be added to the Committee on Finance, and that said Committee be instructed to ascertain upon what termsa loan of Fifty Thousand to One Hundred Thousand Dollars can be obtained for the use of this Convention, and report to the Convention at as early a day as possible.
Mr. Christian, of Early, moved a suspension of the Rule for the introduction of a Resolution adjourning the Convention to a future day.
The motion to suspend the Rule prevailed. Mr. Christian then moved to take up the- Resolution. Mr. Bryant moved to lay the motion to take up on thetable.
The motion to lay on the the table prevailed. Mr. Angier, Disbursing Agent of the Convention,.madethe following report:
ATLANTA,. GA., Jan. 24th, 1868. The Disbursing Agent of the Georgia Constitutional Conven tion begs leave to report to the Financial Committee, that he has received from the State Treasurer the sum of Ten Thousand Dollars, which he holds, subject to the order of the Convention, in its application toward defraying the expenses of the same,
N". L, ANGIER, Disbursing Agent.
The report was taken up.
Mr. Seeley moved that two thousand dollars of the amount mentioned in the report be appropriated to the incidental expenses of the Convention, and that the re mainder, eight thousand dollars,, be paid pro rata to. delegates..

CONSTITUTIONAL CONVENTION.

189

Mr. "Whiteley moved to amend by requiring the pay ment to be made pro rata, on account for mileage.
Mr. Richardson moved the reference of the report to the Auditing Committee.
On motion of Mr. "Whiteley, the whole subject matter was referred to a Special Committee of three, with in structions to report to-morrow morning.
The President appointed' as said Committee . Messrs. "Whiteley, Angler, and Conley.
The Committee on Enrollment made the following re port :
Mr. President: The Committee on Enrollment report that the following
Resolutions have been regularly enrolled, and are now ready for the signature of the President and the attestation of the Secretary, to-wit:
A Resolution requiring the Secretary to furnish MajorGeneral Meade with a certified copy of a Resolution requesting release of prisoners unlawfully confined in this State.
A Resolution requesting General Meade to release prisoners unlawfully confined in the State of Georgia.
A Resolution directing the Secretary to furnish MajorGeneral Meade with a copy of the Ordinance granting tempo rary relief, and requesting his enforcement of the same.
Preamble and Resolutions in reference to the organization of the State Government, the removal of disabilities, and the modification of the Test Oath.
Also, a Resolution asking the proper authorities of the United States to furnish to the people of Northeast Georgia mail facilities.
WILLIAM A. FORT, Chairman of Committee.

On motion of Mr. Turner the Eule was suspended, when he introduced a Resolution on the subject of Educa tion.
The same was read, and, on motion, referred to the Committee on Education.

190

JOURNAL OP THE GEORGIA

On motion of Mr. Ashburn, the Convention went into Committee of the "Whole (Mr. Conley in the Chair) on the report of the Committee on Bill of Rights.
Mr. Bryant offered the following as a substitute for the fifteenth section, as reported by the Committee, to-wit:
Treason against the State of Georgia shall consist only in levying -war against the State, or against the United States, or adhering to the enemies thereof, giving them aid and comfort.
The same was adopted as a substitute. On motion of Mr. Miller, the substitute was amended by adding thereto, "And no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or his own confession in open Court." The fifteenth section, as amended, was adopted, and reads as follows:
Treason against the State of Georgia shall consist only in levying war against the State, or against the United States, or adhering to the enemies thereof, giving them aid and comfort; and no person shall be convicted of treason except on the testi mony of two witnesses to the same overt act, or his own con fession in open Court.
On motion of Mr. Parrott, the Committee rose, and through their Chairman reported the Bill of Eights back to the Convention, with further progress, asking leave, to sit again, which, on motion, was granted.
On motion of Mr. Bryant, the Rule was suspended for the purpose of taking up from the table the motion of Mr. Campbell for the reconsideration of the action of the Convention, in passing the Resolution of Mr. Whiteley, relative to the reorganization of the State Government, the removal of political disabilities, and the modification of the Test Oath.
The Rule was suspended, the motion to reconsider taken up, and, on motion of Mr. Bryant, indefinitely post poned.
On motion of Mr. Speer, the Convention adjourned until 9J o'clock a. m., to-morrow.

CONSTITUTIONAL CONVENTION.

191

Atlanta, Ga., Saturday, Jan. 25, 1868.

The Convention met pursuant to adjournment. . Prayer by the Rev. Dr.-Harlan.
The Journal was read, and Mr. Prince moved the re consideration of so much thereof as relates to the passage 1 of a Resolution, on yesterday, fixing the hour of meeting at 9J o'clock a. m., and the hour of adjournment at 3 o'clock p. m.
On motion of Mr. Cotting the motion to reconsider was indefinitely postponed.
Mr. "Whiteley, from the Special Committee appointed to consider and report in regard to the funds in the hands of the Disbursing Officer of the Convention, made the following report:

Mr. President:

Your Committee report that they have had under considera

tion the disbursement of the funds now in the hands of the

Disbursing Officer of the Convention, and beg leave to recom

mend the passage of the following Resolution:

Resolved. That the Disbursing Officer of the Convention be,

3

O



-

1

and lie is hereby instructed, to pay to each delegate and officer

upon the order of the Auditing Committee, the sum of fifty

dollars, and that the amount on hand, after making said pay

ments, be appropriated to the payment of incidental expenses.

RICHARD H. WHITELEY,

B. CONLEY,

K L. ANGIER,

Committee.

On motion of Mr. WHteley the Convention went into Committee of the Whole (Mr. Conley in the Chair) on the report of the Committee on Bill of Rights.
The sixteenth section being first in order, was amended, on motion of Mr. Whiteley, by adding thereto the follow ing : " K"or shall any person be abused in being arrested, whilst in arrest, or whilst in prison."

192

JOURNAL OP THE GEORGIA

The same, as amended, was adopted, and reads as fol lows :
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused on being arrested, whilst in arrest, or whilst in prison.
Section seventeen was adopted without amendment. Section eighteen was also adopted without amendment. Section nineteen was, on motion of Mr. Brjant, stricken out. Various propositions to fill the blank were made, and the same were, on motion, passed over for the present. Section twenty was amended, on motion of Mr. "Whiteley, by striking out the word " raised," and inserting in lieu thereof the word "varied," the amendment being the correction of a typographical error. The section, as amended, was adopted. Pending discussion on section twenty-one, on motion of Mr. Whiteley the Committee rose, and through their Chairman reported the subject-matter under consideration back to the Convention, with further progress, asking leave to sit again, which was granted. Mr. Hopkins, from the Committee on Finance, made the following report, which was taken up and read:
Mr. President: The Committee on Finance have the honor to report that
they have had an interview with General Meade, and ask leave to say that the General has applied to General Grant for the loan of a sufficient amount of the funds sent by the State of Georgia to pay its indebtedness to the Government on the Western & Atlantic Railroad, to defray all the expenses of the Convention, and that General Grant accepts the proposition so far as his power extends, and will answer definitely to-day, if possible.
Should this proposition fail, he will direct Governor Ruger immediately to ascertain upon what terms the money can be procured from parties in Savannah.

CONSTITUTIONAL CONVENTION.

198

The Committee further return their sincere acknowledgments to General Meade for his efforts to gratify all the reasonable requests of this Convention.
The Kules were, on motion, suspended, and Mr. Parrott offered the following Resolution, which was taken up, read, and agreed to :
JResolved, That the Convention approve the plan reported by the Committee on Finance for procuring funds to defray the expenses of the Convention.
On motion of Mr. "Whiteley the Convention adjourned until 9J o'clock a, m., Monday.

Atlanta, Ga., Monday, January 27, 1868. The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. The special order of the day was taken up, to-wit: the report of the majority and minority of the Committee on Belief. Mr. Harris, Chairman of said Committee, presented the following, which was received as a proviso to the ma jority report, to-wit:
Provided, That the Legislature may give the Courts juris diction where the debt has originated from a trust, and the trust property is in the hands of the Trustee.
Mr. Akerman moved the adoption of the minority re port as a substitute for the majority report.
Mr. Holcombe moved that the Convention go into Committee of the Whole on the question of relief.
Mr. Bryant moved to lay the subject-matter under con sideration on the table for the present, and to print the amendment, offered and received this day, as an addition to the majority report.
This motion was withdrawn by the mover.

194

JOURNAL OF THE G-EOBGIA

The question recurring on the motion of Mr. Holc'ombe to go into Committee of the Whole, the ~ yeas and nays were required to "be recorded thereon.

Those who voted in the affirmative, are Messrs,

Akerman,

Anderson,

Bell of Banks,

Blodgett,

Blount,

Bryson,

Bullock,

Burnett,

Caldwell,

Christian of Early,

Cole,

"

Conley,

Crane,

Crawford,

Dunning,

Dunnegan,

Fields,

Flynn,

Fort,

Foster of Morgan,

Foster of Paulding,

Gibson,

Gove,

Griffin,

Harrison of Oarroll,

Higbee,

Houston,

Holcombe,

Hudson, Hutch eson,
Lott, Madclox, Marler,
Mathews, Martin of CarroII, Martin of Calhoun, Martin of Habersham, McCay, Miller, Moore of White, ISTeal,
Rice, Saffold, Sherman, Smith of Coweta, Smith of Thomas, Speer, Shropshire, Stanford, Stanley, Trammell, Waddell. Whiteley, Woodey, Wooten, Yeates.

Those who voted in the negative, are Messrs,

Adkins,
Alexander, Angler, Ashbum, Bedford, Beaird, Baldwin, Bell of Oglethorpe, Bowden of Campbiell, Bowden of Monroe, Bowers, Bryantj

Bradley, Buchaa, Campbell, Carson, Catching, Casey, Clift, Chatters, Claiborne, Cobb of Houston, Cobb of Madison, Co'stin,

1

CONSTITUTIONAL CONVENTION.

195

Crayton,

Crumloyj

Cotting,

I) avis,

Dinkins,

Ellington,

Gilbert,

Goodwin,

Golden,

Gnilford,

<

Harland,

Harris of Nevrton,

Harrisoa of Hancock,

Higden,

HotchkisSj

Hopkins,

Hooks,

Jackson,

Jones,

Jordan,

Key,

Knox,

Lee,

Linder,

Immpkin,

Madden,

Maull,

McHan,

Minor,

McWhorter,

Moore of Columbia, Murphy, Noble, Palmer, Potts, Powell, Prince, Reynold Sj Richardson, Rozar, Roberts, Eobertsoiij Sikes,
Seeley, Smith of Charlton. Shumate, Supple, Stone, Strickland, Trawick, Turner, Walton, Wallace, Welch, Whitaker, Whitehead of Burke, Whitehead of Butts, Williams.

There are yeas 56; nays 83. So the motion to go into Committee of the "Whole did not prevail.

The question recurred on the motion of Mr. Akerman to adopt the minority report aa a substitute for the report of the majority of the Committee on Belief.

Pending discussion of the foregoing proposition, Mr. Akerman having the floor, the Convention, on motion of Mr. Miller, adjourned until 9J o'clock a.m., to-morrow.

196

JOUBNAX/ OS1 !THE GEORGIA

Atlanta, Ga., Tuesday, Jan. 28, 1868.
The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. Mr. Ashburn moved to suspend the Rule for the pur pose of taking up and ordering to be printed the Resolu tion offered by him, asking national aid for material purposes, and for other purposes. The motion to suspend the Rule was, on motion, laid on the table. Mr. Speer moved that the Rule be suspended for the purpose of enabling him to offer a Resolution, adding Messrs. Angier, Conley, and Gove to the Committee on Printing. The motion to suspend the Rule did not prevail, Mr. Blount rose to a question of privilege, calling attention to a communication in the Journal and Messen ger, published at Macon, Georgia, on the 23d instant, denouncing statements therein, in regard to himself and other members of the Convention, as infamously false. Mr. Higbee, from the Committee on Enrollment, made the following report, to-wit; Mr. President: The Committee on Enrollment report the following Ordi nances and Resolutions as regularly enrolled, and ready for the signature of the President and attestation of the Secretary, to-wit: A Resolution to elect permanent President of the Conven tion. A Resolution requiring the Messenger to furnish water for the Convention. A Resolution requesting the Provisional Governor to furnish proceedings of the Convention of 1865. A Resolution appointing a Committee to draft Rules for the Convention. A Resolution to furnish Reporters of the Press with seats and desks.

CONSTITUTIONAL CONVENTION.

197

An Ordinance granting temporary relief to the people of

Georgia.

'

.

A Resolution that the President shall sign and the Secretary

attest all Ordinances, Resolutions, etc., passed by the Con

vention.

A Resolution to furnish members with copies of Rules for

the government of the Convention.

A Resolution authorizing the Secretary to furnish stationery

and appoint clerks, >

A Resolution relative to the tax on cotton.

A Resolution to shade the windows on the east side of the

Hall.

A Resolution regulating the meeting and adjournment of the

Convention.

A Resolution tendering a seat to Hon. Joshua Hill on the

floor of the Convention.

A Resolution that the Post Office address, etc., be printed

with the Rules.

A Resolution fixing the per diem and mileage of delegates

and officers of the Convention.

A Resolution tendering seats on the floor to T. J. Bowen,

former Missionary to Central Africa, and to Hon. Judge

Erskine,

Eules of the Convention.

Report of the Committee on Relief,

Report of the Committee on Privileges and Elections.

A Resolution approving the proposition of Mr. Hopkins to

aegotiate a loan of Forty Thousand Dollars.

A Resolution to appoint a Committee of five to investigate

the charges against Reporters of the Press who have seats on

the floor of the Convention.

A Resolution appointing a Committee of three to inform

Hon. John Erskine, Judge U. S, District Court, of his invits&ion

to a seat within the Convention.

A Resolution relating to charges preferred against Aaron. A.

Bradley, delegate to this Convention.

Also, a Resolution asking the proper authorities of the

United States to furnish to the people of Northeast Georgia

mail facilities,

W. A. FORT, Chairman. 14

198

JOURNAL OF THE. GEORGIA

The reconsideration of the unfinished business of yes

terday was resumed, to-wit: the majority and minority

reports of the Committee on Relief; the pending question

being the motion of Mr. Akerman, to adopt the minority

report as a substitute for that of the majority.

Mr. Harris moved to lay the proposed substitute on the

table.

Upon this motion Mr. Akerman required the yeas and

nays to be recorded.

Those who voted in the affirmativef are Messrs,

Alexander, Anderson, Ashburn, Bedford, Beaird, Bell of Ogletliorpe, Bowden of Campbell,. Bowden of Monroe, Blodgett, Blount, Bryant, Brown, Bracew'ell, Bradley, Buchan, Bullock, Burnett, Campbell, Carson, Catching, Casey, Clift, Christian of Newton, Chatters, Olaiborne, Chambers, Cobb of Houston, Costin, Conley, Crayton, Cottiug, Davit, Dinkins, Dunning, Edwards,

Fort,. Foster of Pattldirigj, Gilbert, Goodwin,
Golden, Griffin, Guilford, Harris of Higden, Hotchkiss, Hopkins, Hooks, Howe, Jacfcsonf Jones, Key,
Lee, Linder,
Maidl, McCay, McWhorterj, Murphy, Noble, Palmer, Potts, Prince, Reynolds, Rice, Bichardson,, Rozar, Roberts, Eobertson,

T

CONSTITUTIONAL CONVENTION.

199

Sikes,

Seeley,



. Sherman,

Smith of Charlton,

Smith of Coweta,

Smith of Thomas,

Speer,

Shumate,

Stewart,

Supple, Stone, Strickland,
Trawiek, Walton, Welch, Whitaker, Whitehead of Burke,
Wooten.

Those who voted in the negative, are Messrs.

Adkins,

Akerman,

Angier,

Bell of Banks,

Bowers,

Bryson,

Cameron,

Crane,

Crawford,

Dunnegan,

Ellington,

Fields,

.

Plynn,

Harland,

Harrison of Carroll,

Higbee,

Houston,

Holcombe,

Hudson,

Hutcheson,

Lott,

Maddox, Marler, Mathews, Martin of Carroll, Martin of Calhoun, Martin of Habersham, McHan, Miller, Moore of White,
Neal, Saffold,
Shields, Shropshire, Stanford, Stanley, Trammell, Turner, Wallace, Waddell, Williams,
Woodey.

There are yeas 88; nays 42. So the motion to lay on the table prevailed.
Mr. Conley offered the following Resolution, to-wit:

Hesolved, That the report of the Committee on Relief be referred back to said Committee for further consideration, and that the report made after such further consideration shall be taken up and arsted upon by this Convention, in its regular order, as the Committees on the several branches of the Constitution named, and that the Hon. H. K. McCay be added to the Com mittee on Relief.
Mr. Bryant called the previous question on the question
of adopting the foregoing Resolution.

200

JOURNAL OF THE GEORGIA

Mr. Trammell rose to a point of order, assuming that the Resolution could only be entertained after a suspen sion of the Rule, by a vote of two-thirds; that it was not a simple motion to refer, but a Resolution embracing several propositions.
The point of order was sustained by the Chair.
Mr. Conley proposed to withdraw the Resolution, which was objected to.
Mr. Bryant called for a division of the question, and asked for a vote on the proposition to refer.
Mr. Bryant called for the previous question.
Mr. Trammell claimed the floor, and submitted, as a point of order, that the previous question could not be called, while he had the floor, on a point of order unde cided.
The President decided that the point of order first made by Mr. Trammell was sustained, and that, when that decision was made, it was in order to divide the proposi tions embraced in the Resolution, and that the call of the previous question was in order.
From this decision Mr. Trammell appealed, assuming that, before action could be taken upon any part of the Resolution, the Rules must be suspended.
The decision of the President was sustained by the Convention, and the motion to refer prevailed.
Mr. Conley moved a suspension of the Rule for the purpose of adding Mr. McCay to the Committee on Relief.
Mr. "Waddell proposed to amend by adding, also, Mr. Stanford to said Committee.
Mr. Akerman offered to amend the motion and amend ment by requesting the Chair to appoint two additional members to the Committee on Relief.
Mr. Bryant called the previous question on the motion of Mr. Conley.

CONSTITUTIONAL CONVENTION.

201

On the question of sustaining the previous question, the yeas and nays were required to be recorded.

Those who voted in the affirmative, are Messrs.

Alexander, Anderson, Bedford, Beaird, Bowden of Monroe, Blodgett, Bryant, Brown, ' Bullock, Burnett, Campbell., Carson,
Christian of Newton, Chatters, Claiborne, Chambers, Cobb of Houston, Ooatin, Conley, Orayton, Getting, Davis, Daley, Dinkius, Edwards, Fort, Gilbert, Goodwin, Grove, 'Golden, Harrison of Hancock, Higden, Hopkins,

Howe, Jackson, Jones, Lee, Linder, Lumpkin,
MauU, McCay, Moore of Columbia, Murphy,
Noble, Palmer,
Potts, Prince, Reynolds,
Rice, Bichardson, Rozar, Robertson,
Sikes, Sherman, Smith of Charlton, Shumate, Stewart, Supple,
Stone, Strickland.,
Trawick, Wallace, Welch, Whitaker, Whitehead of Burke, Williams,
"Wooten.

Those who voted in the negative, are Messrs.

Adkins, Akerman, Angier,
Bell of Banks, Bowden of Campbell, Bryson, Cameron,

Clift, Crane, Crawford, Dunninar, Dnnnegan, Ellington,
Fields,

202

JOURNAL OF THE GEORGIA

Foster of Paulding, Griffin,
Guilford, Harland, Harris of Newton, Harrison of Carroll, Higbee, Houston, Holcombe, Hooks, Hudson, Hutcheson,
Key, King,
Knox,
Lott, Maddox, Marler,'
Martin of Carro-11,

Martin of Calhonn,, Martin of Habersham,. McHan, Miller, McWhorter, Moore of White, Neal, Saffold, Shields,
Seeley, Smith of Coweta,, Smith of Thomas, Speer, Shropshire, Stanford,
Trammell, Waddell, Woodey, Teates.

There are yeas 68; nays 52. So the call fer the pre vious question was sustained.
Mr. Conley then accepted the amendment of Mr. Akerman to his motion, and the same, as amended, pre vailed.
The President appointed Messrs. McCay and Stanford on the Committee on Belief.
The Convention, on motion, adjourned xratit 9J o'clock a. m., to-morrow.

Atlanta, Ga., Wednesday, Jan. 29, 1868.
The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. Mr. Harris moved a suspension of the Rule for the purpose of taking up the report of the Committee on Relief.

CONSTITUTIONAL CONVENTION.

203

The motion prevailed, and the report was taken up, and Teads as follows-:
Tour Committee, to whom was referred the subject of Relief, beg leave to report the following:
WHEREAS, By the late disastrous war the people of Georgia have lost over four hundred million dollars of taxable property, also a vast depreciation of real estate, and the total loss of four years' labor, thereby throwing into hopeless confusion the equitable relations of debtor and creditor; and, whereas, the indebtedness of the State to her citizens has been repudiated, and her most solemn contracts violated, and sanctioned and sustained by her ablest jurists, thereby leaving the people to bear, as best they can, the increased burdens thus imposed; and, whereas, the low price of cotton, the. .scarcity of money, the unsettled condition of the political affairs of the State, and the derangement and inefficiency of labor, render it impossible for the debtor to make even partial payment; and, whereas, to undertake to force the payment of indebtedness would only result in bankruptcy and utter ruin to the great masses, and concentrating into the hands of a few the little remaining from ruthless war; and, whereas, all or nearly all the indebtedness was based either directly or indirectly upon the property thus destroyed or depreciated, while the amount of indebtedness is held undiminished. Therefore,
"We, the people of Georgia^ in Convention assembled, do solemnly Ordain, That from and after the .passage of this Ordinance, no Court in this State shall have j urisdiction to hear or determine any suit, or render judgment in any case against any resident of this State, upon any contract or agreement made or entered into, or for any tort or injury committed prior to the first day of May, 1865, or upon any contract or agreement made in renewal of a debt existing prior to the first day of May, 1865; nor shall any Court or ministerial officer of this State have jurisdiction or authority to enforce any judgment, xecution, or decree, rendered or issued upon any contract or agreement or renewal thereof, or for any tort or injury com mitted prior to said first day of May, 1865. Also, the accom panying Resolution:
Hesolved, That the Committee on Judiciary be, and they

204

JOURNAL OF THE G-EORGIA

are hereby instructed to insert in that part of the Constitutionwhich defines the powers of the Judiciary of this State, the following section:
SECTION --.
No Court in this State shall have jurisdiction to hear or determine any suit, or render judgment in any case against any resident of this State,, upon any contract or agreement, made or entered into, or for any tort or injury committed prior to the first day of May, 1865, or upon any contract made in re newal of a debt, existing prior to the first day of May, 1865;, nor shall any Court or ministerial officer of this State have jurisdiction or authority to enforce any judgment, execution,, or decree, rendered or issued upon any contract or agreement, or renewal thereof, or for any tort or injury committed prior to said first day of May, 1865, except in the following cases, in which the Courts and ministerial officers shall have jurisdiction and authority:
I. Where the debt is for property sold, and not more than one-fourth of the purchase money has been paid, and the prop erty still exists- in the hands of the debtor,, who refuses to deliver it back to the vendor, or it has been fraudulently dis posed of by the debtor to avoid judgment,
II. When the debt grows out of a trust, and the trust prop erty is in the hands of the trustee, or it has been invested by. him in other specific effects of value, sow in his hands, or has been fraudulently disposed of by the trustee, who has valuable specific assets, arising from the disposition of the trust property,, which he converts to his own use.
III. Where the debt is for property,, which has been disposed. of by the debtor, who has the specific proceeds thereof in his possession, or has fraudulently disposed of said proceeds todefeat the collection of the debt.
IV. In all stilts against Corporations in their corporate ca pacity, on bills, bonds, notes, mortgages, deposits and accounts;, and in all contracts with mechanics and day laborers.
V. In all cases where a defendant is about to remove, or isremoving himself or his property beyond the limits of this State.
VI. In all debts due to charitable or literary institutions..

CONS-TITTITIONA-L CONVENTION.

205.

VII. In all other cases where the Legislature shall hereafter

by a vote of two-thirds of the members thereof, confer juris

diction on any Court, created by this Constitution,, or by Legis

lative enactment.

SECTION --.

It shall be in the power of two-thirds of the General Assem

bly to assess and collect upon all debts, judgments, or causes

of actions, when due, founded on any contract or wrong made,

implied, or done' before the first, of May, 1865, in the hands of

any one in his own right, or trustee, agent, or attorney of

another, on or after the first of January, 1868, a tax of not

exceeding twenty-five per cent, to be paid by the creditor on

pain of the forfeiture of the debt, but changeable by him, as

to one-half thereof against the debtor, and collectable with the

debt: Provided, that this tax shall not be collected if the debt

or cause of action be abandoned or settled without legal pro

cess, or if in judgment, be settled without levy and sales; and,

provided further, this tax shall not be levied so long as the

Courts of this State shall not have jurisdiction of such debts-

or causes of action.

IT. That this Ordinance be, and hereby is, adopted as part of

the Constitution of this State, and the Judiciary Committee,

are instructed to alter the several sections of their report giving

jurisdiction to the Courts so as to fail to give jurisdiction in

the cases herein denied, and the Committee on Consolidation

and Eevision distribute this Ordinance 'tp its proper place in

the Constitution.

JOHN" HARRIS, Chairman. WM. L. GOOD WIN, C. H. HOPKDSTS, R. B. BULLOCK, N". P. HOTCHKISS, W. H. WHITEHEAD, W. W. DEWS, H. K McCAY, FOSTER BLODGETT,

Committee on Relief.

Mr. Saffbld offered the following as a minority report

from the Committee on Relief:

1. Resolved, That Georgia is now, and has been since the

ratification of the Constitution of the United States, a State of

the American Union.

208

J-OUKNAL OF THE GE0BXJIA

2. Sesotved, That the -Constitution of" the United States is the Supreme Law of the land, the Constitution of the State and the Laws and Ordinances of the State to the contrary not withstanding.
3. Resolved, That any Constitution of this State, or any Ordinance of this Convention, which impairs the obligation-of any contract, or denies the right of the citizen -to sue and enforce his rights therein, is a violation of the Constitution of the United States, in direct conflict with the Acts of Congress under which this Convention is assembled, and therefore null and void.
THOMAS P. SAFFOLD, AMOS T. AKERMAK

Mr. Stanford offered the following as a substitute for
the majority and minority reports:
Sec. 1. The people of Georgia, in Convention assembled? do Ordain, That the Courts of this State shall have authority to vacate and set aside all judgments, orders, or decrees ren dered by them prior to the first day of May, 1865, upon either party, bis or her agent or attorney, making an affidavit before any Judicial officer of this State that he or she has an equitable cause of complaint or defense.
Sec. 2. Be it further Ordained, That it shall be competent for either party to the suit, upon any cause of action originating prior to the first day .of May, 1865, upon the trial thereof, to give in evidence the consideration of the contract and the value thereof at any time, the intention of the parties as to the par ticular kind of currency in which the same was to have been paid, and the value thereof, and his or her responsibility to have paid the same at the time the contract was made, and his or her ability to pay the same now, and any and all facts tend ing to show good faith between the parties; and the verdict of the jury and judgment of the Court shall be upon principles of equity and Justice; provided, either party, upon his own motion, shall have the right to continue ;his case for four terms only.
Sec. 3. JBe it further Ordained, That this Ordinance shall not apply to executions for costs, nor to rules against officers for money, nor to trust estates, where the trustee is in posses-

CONSTITUTIONAL CONVENTION.

207

sion of the estate -or its .specific effects, nor' to corporations in their corporate capacity, nor to cases where the defendant has absconded; or resides beyond the limits of this State.
Hr. Goodwin offered 'the following as a substitute for the original and proposed substitute of Mr. Stanford:
WHBEEAS, By the late disastrous war the people of Georgia have lost over four hundred-million dollars of taxable property, also a vast depreciation of real estate, and the total loss of four years' labor, thereby throwing into hopeless confusion the equitable relations of debtor and creditor; and, whereas, the indebtedness of the State to her citizens has been repudiated, ' and her most solemn contracts violated, and sanctioned and sustained by her ablest jurists,' thereby leaving the people to bear as best they can the increased burdens thus imposed; and, whereas, the low price of cotton, the scarcity of money, the unsettled condition of the political affairs of the State, and the derangement and inefficiency of labor, render it impossible for the debtor to make even partial payment; and, whereas, to undertake to force the payment of indebtedness would only result in bankruptcy and utter ruin of the great masses, and concentrating into the hands of a few the little remaining from ruthless war; and, whereas, all or nearly all -the indebtedness was based either directly or indirectly upon; the property thus destroyed or depreciated, while the amount of indebtedness is held undiminished. Therefore,
We, the people of Georgia, in Convention assembled, do solemnly Ordain, That from and after the passage of this Ordinance no Court in this State 'Shall have jurisdiction, at any time, to hear or determine, or render judgment against any citizen of this State, upon any contract or judgment made or entered into, or for any tort or injury committed .prior to the first day of June, 1865 ; nor shall any Court or ministerial officer of this State ever have jurisdiction to enforce any judg ment or execution, rendered or issued upon any contract or agreement, or for any tort or injury committed prior to said first day of June, 1865. Also, the accompanying Resolution:
JBe it JKesolved, That the Committee on the Judiciary be, and they are hereby instructed, to; insert in that part of 1 the Constitution which defines the power of the Judiciary of this State, the following section:

208

JOURNAL OE THE GEORGIA

No Court in this State shall have jurisdiction, at any time, to hear or determine, or render judgment against any citizen of this State, upon any contract or judgment made or entered into, or for any tort or injury committed prior to the first day of June, 1865 ; nor shall any Court or ministerial officer of this State ever have jurisdiction to enforce any judgment or execu tion, rendered or issued upon any contract or agreement, or for any tort or injury made or committed prior to said first day of June, 1865.
Mr. Conley moved that the foregoing reports and sub stitutes be printed for the use of the Convention, and that the same be made the special order for to-morrow.
Mr. Bryant moved to amend the motion of Mr. Conley by making said subject-matter the special order for Friday next.
Mr. Harris called for a division of the question. The vote was first taken on the motion to print, which prevailed. The vote was then taken on the motion to make the whole subject-matter the special order for Friday next, which also prevailed. Mr. Blodgett moved a suspension of the Rule for the introduction of a Resolution limiting members in debate. The motion to suspend the Rule did not prevail. Mr. Beaird rose to a privileged question, and disclaimed any connection with a reported bargain in relation to the vote on the question of relief. Mr. Richardson moved that the Convention take up the report of the Committee of the Whole on the Bill of Rights. Mr. Bryant proposed to amend the motion by going into Committee of the "Whole on the Bill of Rights. The amendment was accepted, and the Convention went into Committee of the Whole on said subject. The twenty-first section being first in order, with pro posed amendments, its consideration was resumed.

CONSTITUTIONAL CONVENTION.

209

On motion of Mr., Bryant the same was amended by adding after the word "defense" the words "and for pub lic improvements.":
On motion of Mr. Ashburn by inserting after the word "and" in the last line, the words "taxation on property."

On motion of Mr. Miller by adding the following at the end of the section: "And uniform on all species of prop erty taxed." .
The same, as amended, was adopted, and is as follows:

The power of taxation over the whole State shall be exer cised by the General Assembly, only to raise revenue for the support of government, to pay the public debt, to provide a general school fund, for common defense, and for public im provements; and taxation on property shall be acl valorem only, and uniform on all species of property taxed.
The twenty-second section was adopted without amend ment.
Section twenty-three was, on motion of Mr. Crane, amended by adding after the section the following: "And such tax not TDD exceed one dollar."
The same, as amended, was adopted, and reads as fol lows :
There shall be no poll tax levied, except for educational pur poses, and such tax not to exceed one dollar.
On motion of Mr. Akerinan section twenty-four was amended by striking out all except the following, to-wit:

The social status of the citizen shall never be the subject of legislation.
The section, as amended, was adopted, and reads as stated.
The following, by Mr. Stanford, was accepted by Mr. Akerman as an amendment to his motion, to consolidate

210

JOUEWAL OP THE .GEORGIA

that part of secti-on twenty-four, which was stricken out, with sections twenty-five and twenty-six, to-wit:

The right of the people to be secure in their persons, house?, papers, and effects,, against-unreasonable searches and seizures, shall not be violated, and no warrant shall issue but upon prob able cause, supported by oath or affirmation, particularly de scribing the place or places to be searched, and the persons and things to be seized.

The game was adopted as section twenty-five.

Pending action on section twenty-six, which had been rendered blank by the adoption of the foregoing amend ment, the Committee, on motion of Mr. Speer, rose, and through their Chairman reported the subject-matter un der consideration back to the Convention, with further progress, and asked leave to sit again, which, on motion, was granted.

Mr. Blodgett gave notice that he would, in the morn ing, move a reconsideration of the action of the Conven tion, this day, in refusing to suspend, the Rule for the introduction of a Resolution limiting members in debate, and that he should call for the yeas and nays on that motion.
Leave of absence was, on motion of Mr. Speer, granted Mr. Gilbert for two days; and on motion of Mr. Hopkins to Mr. Bentley for a few days, on special business.

Mr. Bullock moved a suspension of the Rule for the introduction of the following Resolution:

Resolved, That the President be, and he is hereby authorized to warrant the payment of such accounts and bills as the Audit ing Committee may approve, not otherwise' specially provided for by Ordinance or Resolution.

The motion to suspend did not prevail.

COSYESTTIOir.

211

The following communication was received by the Sec retary, to-wit:

STATE OF NEW YORK,

)

CONSTITUTIONAL CONVENTION, v

Albany, Jan, 24,1868. )

P.M.Skeibtey, Secretary G-eot'gia Constitutional Convention:

DEAR SIR : In accordance with a Eesolution, of which the

enclosed is a copy, I have this, day directed the documents

therein mentioned to be forwarded to your address.

Very respectfully,

LUTHER CALDWELL,

Secretary,

STATE OF HE W~ YORK, IN CONSTITUTIONAL CONVENTION, Albany, Jan. 24,1868.
Ordered, That the Secretary of this Convention send to the Secretary of the Constitutional Convention of the State of Georgia, a complete copy of the entire proceedings of this Convention--such copy to be taken from the number appro priated to the Assembly Library.
LUTHER CALDWELL, Secretary.

The Convention adjourned, on motion^ until 9J o'clock

a, m., to-morrow.

Atlanta, Ga., Thursday, January 3$, 1868,
The Convention met pursuant to adjournment. Prayer by the Chaplain. The roll was called and a quorum found present, The Journal was read. Mr. Martin, of Habersham, moved a suspension of the Stile for the introduction of a Resolution memorializing Congress to loan to needy Southern planters thirty million dollars. The Rule was suspended, the.Resolution taken up, read, and, on motion of Mr. Hotchkiss, referred to a Special Committee of seven.

212

JOtmNAL OF THE GEORGIA

On motion of Mr. Speer, leave of absence was granted Mr. Bigby, on account of sickness in his family.
Mr. Turner moved a suspension of the Rule for the in troduction of a Resolution on the subject of relief to the Banks of this State, with a view to its reference to the Committee OB Relief,
The motion to suspend the Rule did not prevail.
Mr, Foster Blodgett moved a suspension of the Rule for the purpose of introducing his Resolution, proposed on yesterday, relative to the limiting' of members in -debate. \ The Rule was suspended, the Resolution taken up, and is as follows ;

Resolved, That no member of this Convention shall speak more than twice on any one question--twenty minutes on first speech, and ten minutes in his second speech, e'xcept upon per mission granted by vote of the Convention, when the time may fee extended to one hour and no longer.

On the question of adopting the same, Mr. Blodgett called for the previous question, which was sustained.

The main question was put, and the Resolution adopted.

The President announced the following Committee under the Resolution of Mr. Martin, of Habersham, towit; Messrs. Philip, Martin, Seeley, Costin, Hotchkiss, Miller, Christian of Early, and Walton.

On motion of Mr. Speer, the Rule was suspended, and

a Resolution proposed by him on the 28th instant, request

ing the President to appoint on the Committee on Printing

three additional members, to-wit: Messrs. Angier, Conley

and G-ove, taken up.

.

The same was, on motion of the mover, amended by striking out the names mentioned therein, and adopted as amended.

CONSTITUTIONAL CONVENTION.

213

The following order of General Meade, communicated to the President, was read:
HEADQUARTERS THIRD MILITARY DISTRICT,) (Dept. of Georgia, Alabama, and Florida), [ ATLANTA, GA., Jan. 2'9, 1868. )
\Circular.~] i 'General Orders, Nos. 6, 11, and 18, current series, from these Headquarters, were issued to give legal effect temporarily, as therein specified, t the Ordinances, of which copies wre inserted in said orders. Many inquiries have been made, by letter and otherwise, to the Commanding General, as to the proper construction to be put upon said Ordinances, which he has neither the leisure, nor is it his province to answer. These Ordinances, as enforced by his orders, are to be deemed a part of the laws of the State in which they were respectively adopted, and construed and enforced by the Courts accordingly.
By order of Major-General MEADE. R. C. DRUM,
Assistant Adjutant General.
On motion of Mr. Blodgett, the Convention went into Committee of the "Whole (Mr. Conley in the Chair) on the report of the Committee on Bill of Rights.
Section twenty-six being first in order, was passed dver for the present.
Section twenty-seven was amended, on motion of Mr. Crane, by striking out the word "first," and adding at the end thereof the words "by the applicant.'"
The same, as amended, was adopted, and is as follows,
to-wit :
Private ways may be granted, upon just compensation bjing paid by the applicant.
Section twenty-eight was adopted without amendment. Section twenty-nine was, on motion of Mr. Ashbcpm,
stricken out. Section thirty was stricken out, on motion of Mr.
Miller, Section thirty-one was adopted without amendment. 15

214

JOTTMAL OF THE GEORGIA

Section thirty-two was amended, on motion of -Mr Crane, by adding at the end thereof the following, to-wit:

And in case of the death of the* father and mother, then for the use of the minor children.

Amended, on motion of Mr. Richardson, by inserting after the word " execution," the following, to-wit :

Except from the lien of lahoreis and mechanics, for services' rendered.

On motion of Mr. Hudson, by adding after the amend ment of Mr. Crane, the words, " And the property of no woman shall "be liable for the payment of her husfeand's; debts."
On motion of Mr. Akerman', the same was farther' amended by inserting after the word " except," in the adopted amendment of Mr. Richardson, the words " for taxes and."
The section,, with the foregoing, amendments, was< adopted, and reads as follows, to-wit;

Laws shall be passed by the General Assembly to protect from sale, under execution,, except for taxes and the lien of laborers and mechanics, for services rendered, a reasonable amount of property for each head of the family, for the use of his or her family; and, in case of the death of the father and mother, then for the use of the minor children; and the prop erty of no woman shall be liable for the payment of her husband's debts.

Section thirty-three adopted without amendment. Section thirty-four was amended, on motion of Mr; Akerman, by substituting therefor the following, to-wit;:

Whipping, as a punishment for crime, is prohibited.-

-The same, as amended, was adopted, Section thirty-five was postponed, on motion, until theremaining sections should be disposed of,

CONSTITUTIONAL CONVENTION.

215

Section thirty-six was, on motion of Mr. Parrott, amended by adopting therefor the following as a substi tute, to-wit:
No person who, after the adoption of this Constitution, shall engage in a duel, send or accept a challenge, or be aider or abettor to a duel, shall vote or hold office in this State; and every such person shall also be subject to such punishment as the law may provide.
The same, as amended, was adopted. Pending discussion on section thirty-seven, Mr. Stan.ford having the floor, on motion of Mr. Waddell, the Committee rose, and through their Chairman reported the subject-matter under consideration back to the Conven tion, with further progress. The hour of adjournment having arrived, the President declared the Convention adjourned until 9J o'clock a. m.,
to-morrow.

Atlanta, Ga., Friday, Jan. 31, 1868.
The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. On motion of Mr. Speer the Rule was suspended, and the report of the Committee on Printing was taken up, read, and adopted, and is as follows, to-wit:
ATLANTA, GA., Jan. 17th, 1863.
Mr. President; The Committee on Printing, to whom was referred the Reso
lution directing the .employment of three competent Reporters, to report the proceedings of this Convention, and to provide for publication of the same in one or more papers of Atlanta, and to furnish delegates with copies of the sainej beg leave to

216

JOURNAL OF THE GEORGIA

report: That three Phonographic Reporters have been engaged from IsTew York, and left that city for Atlanta on the 16th inst., and will, in all probability, commence their duties on Monday next.
The Committee determined and recommend that the daily proceedings be published in the Atlanta New Era and Opinion, and that one copy of each paper be furnished each delegate during the session.
The Committee would also report that the daily Job Printing of the Convention is ordered to be equally divided between the offices of the New Era and Opinion,
A. L. HARRIS, Chairman Committee on Printing.
The reports on the subject of relief being the special order for this day, were taken up.
On motion of Mr. Prince the same were laid on the table.
Leave of absence was granted Mr. Marler, on important business, and to Messrs. Bell, of Oglethorpe, and Foster, of Morgan, on account of sickness in their families.
On motion of Mr. Richardson the Convention went into Committee of the Whole (Mr. Con-ley in the Chair) on the report of the Committee on Bill of Eights.
Section thirty-seven was first in order, and was adopted without amendment.
Section second was, on motion of Mr. Bryant, taken up, for which he had previously offered the following:
That all persons, resident in this State, born in the United States, or naturalized, or who shall have legally declared their intention to become citizens of the United States, are hereby declared citizens of the State of Georgia, possessing equal civil and political rights and public privileges.
Mr. Bradley offered the following as a substitute for the
foregoing, which was accepted by Mr. Bryant, and adopted by the Committee as the second section, to-wit:
All persons born or naturalized in the United States, and resi. dent in this State, are hereby declared citizens of this State, and

|. j i r '
i

CONSTITUTIONAL CONVENTION.

217

no law shall be made or enforced which shall abridge the privileges or immunities of citizens of the United States or of this State, nor deny to any person within its jurisdiction the equal protection of its laws.
Section thirty-five was, on motion of Mr. Whiteley, amended by striking out the word "hereafter," and adopted as amended, and reads as follows:
No Lottery shall be authorized, or sale of Lottery Tickets in this State.
On motion of Mr. Prince the Committee rose, and through their Chairman reported the Bill of Eights back to the Convention, with amendments, and asked to be discharged from further consideration of the same.
On motion of Mr. Bryant the report was received, the Committee of the Whole discharged from its further con sideration, the report laid on the table for the present, and three hundred copies thereof ordered to be printed for the use of the Convention.
Leave of absence was granted Mr. Shields on account of sickness, Mr. Hopkins on account of urgent business, aud to Mr. Getting on account of death in his family.
Leave of absence was also granted Messrs. Foster, of Paulding, Harrison, of Carroll, Griffin, Adkins, Hoicombe, and Yeates.
On motion of Mr. Prince the second reports of the majority and minority of the Committee on Relief, and substitutes offered therefor, were taken up.
Mr. Bullock moved to lay on the table the substitute offered by Mr. Goodwin for the whole subject-matter, which substitute was the first majority report of the Com mittee on Relief, without amendment; and gave notice that if his motion was sustained he would offer a substi tute, which was read.
The motion prevailed.

218

JOURNAL OF THE GEOB&IA

Mr. Foster, of Morgan, moved to postpone indefinitely the second majority and minority reports on the subject of relief, and the substitute therefor offered by Mr. Stan ford.
Pending discussion of the foregoing motion, the Con vention adjourned, on motion of Mr. Conley, until 9J o'clock a. m., to-morrow.

Atlanta, Ga., Saturday, Feb. I, 1868.

The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. Mr. Martin, of Habersham, from the Special Committee to whom was referred his Resolutions relative to a loan of the United States to assist the needy Planters of the South, made the following report:

Mr. President:

The Special Committee to whom was referred the Preamble

and Resolutions petitioning Congress for a loan, etc., have had

the same under consideration, and recommend their adoption.,,

as amended.

PHILIP MARTIN, Chairman.

ISAAC SEELEY,

JOHN T. COSTIN,

H. H. CHRISTIAN,

O. H. WALTON,

K P. HOTCHKISS,

H. K. McCAY.

The Eule was suspended, on motion, and the report and Resolutions taken up.
The previous question was called and sustained on the question of adopting the same.
The main question was then put, and the yeas and nays demanded thereon.

CONSTITUTIONAL CONVENTION-.

219

Those -wlif voted in the affirmative, are Messrs.

Adkins,

Akerman,

Anderson,

Angler,

Asnbum,

Bedford,

Beaird,

Bell of Banks,

Bowden of Campbell,

Bow den of Monroe,

Blodgett,

Blount,

Bryant,

Browu,

Bracewell,

Buchan,

Bullock,

Burnett,

'Campbell,

Carson,

Cameron,

Catching,

<Jasey,

Caldwell,

.Clift,

Christian of Nwtom,

Christian of Early,

Chatters,

Claiborne,

Chambers,

Cooper,

Oobb of Houston,

Cobb of Madison,

Costin,

.

Cole,

Crane,

Orawford,

Or ay ton,

Davis,

Daley,

Dinkins,

Dunnegan,

Edwards,

Ellington,

Melds,

Fort,

Poster of Morgan.

Foster of Paulding, Gilbert, Goodwin,
Harris of Newtons Higbee, Higden, Hotchkiss, Holcombe, Howe, Hudson, Hutchesortj Jordan, Key,
Knox, Lee, Linder, Lett,
Madden, Maddox, Maiier, Maull, Mathews, Martin of Carroll, Martin of Calhoun, Martin of Habersham, McHan, McWhorter, Moore of White, Noble, Palmer, Potts, Powell, Eeynolds, Rice; Kozar, Roberts, Saffold, Seeley, Sherman, Smith of Charlton, Smith of Coweta, Smith of Thomas, Speer, Shropshire,

220

JOUKSTAL OF THE GEORGIA

Shumate, Stewart, Stanford, Supple, Stanley, Trammell, Trawick, Turner,
Walton,

Wadde!!, Welch, Whitakeiy Whitehead of
Whiteley, Woodey, Wooten, Teates.

Those who voted ia the negative, are Messrs:

Alexander,
Bryson, Crumley, Dunning, Harland, Harrison of Carroll, Harrison of Hancock,

Moore of Columbia,
Pope, Richardson, Robertson, Sikes,. Stone.

There are yeas 111; nays lg. So the Resolutions, asreported by the Committee, were adopted,, and are asfollows:

The Constitutional Convention of the State of Georgia presents, to the Congress of the United States the following con siderations :
A loan by the United States Government to the impover ished Planters of the South of a reasonable amount of United States currency for agricultural purposes, properly guarded by mortgages, and equitably distributed among the most needy,, would be of incalculable advantage to the whole- country.
Such a loan would restore the productions of the.South, andl give a market for the goods of the North and the produce of the West. It would, at once, energise the South in an honor able attempt to compete with England, our rival in cotton raising, and retnrn -with interest a full payment for all her zeal in fostering our late troubles, in order that she might establish her selfish policy of producing cotton in the State-to the injury of our Cotton States, and thereby take commanding control of what has been the great source of our commercial prosperity as a people.
Mortgages on real estate can be taken of twice the value of money loaned, No man need borrow more than two-thirds of what he can give good assurances will be the value of his. eoming crop.

CONSTITTJTroNAI, CONVENTION.

221

The people of; the South need relief. Almost destroyed by the great conflict just over, Providence, so far, has not smiled ttpon the Southern Planter.
In 1866 there was a short crop, from drouth and other causes. In 1867 Planters planted hoping to realize from 25 to SO cents per pound. By the decline in market cotton planters have failed to realize the cost of production, and are, to an alarmingextent, now comparatively helpless for the coming crop. lu proportion as tlie cotton planter is enabled to plant for a large amount of cotton, will the freedman necessarily stiffer. The extent of suffering among the freedmen, unless Southern Plant ers are fostered by the Government, will be appalling to the Christian heart. The "nation's wards" can n&t be better cared for than by thus providing for them remunerative labor upon that staple with the production of which they are already familiar, and which yields to them the greatest reward, for that service which they are best fitted by their raising to perform.
A liberal loan by Congress, as indicated, would do much tostimulate national fraternity. In view of the foregoing, be it? therefore,
Resolved, That the Congress of the United States be re spectfully petitioned to appropriate thirty millions of United States currency, to be loaned under proper regulations, to aid in developing the agricultural interests of needy Southern Planters.
Resolved, That copies of the foregoing Preamble and Reso lution be transmitted to the President of the Senate and Speaker of the House of Representatives of the United States, with the request that they be laid before those bodies, and that copies be also transmitted to the Presidents of the Constitu tional Conventions in the Southern States, and that we invite the cooperation of such Conventions in this- application to Congress.
The Convention resumed the consideration of the un
finished business of yesterday, to-wit: the second ma
jority and minority reports of the Committee on Relief^
and the substitute therefor by Mr. Stanford, the pending question at the time of last adjournment being the motion
for the indefinite postponement of the foregoing subject-
matter.

JOURNAL OF THE &BOKGIA

The yeas and nays were demanded thereon. Those who voted im the affirmative, are Messrs.

Akerman, Baldwin, Bell of Banks, Bryson, Cameron, Christian of Early, Cole, Crane,
Crawford,
Crumley, Dunning, Dnnnegan, Ellington, Fields,
Foster of Morgan, Harrison of Carroll, Higden, Hudson,
Hutcheson,

King, Knox, Loit, Maddox, Marler, Mathews, Martin of Carroll, Martin of Calhoun, Martin of Habersham, McHan, Moore of White, Saffold, Smith of Thomas, Shropshire,
Stanford, Stanley,
Woodey, Yeates.

Those who voted in the negative, are Messrs,

Adkins, Alexander,
Anderson, Ashburn,
Bedford, Beaird, Bowclen of Campbell, Bowden of Monroe, Blodgett,
Blount, Bryant,
Brown, Bradley, Bullock,
Burnett, Carson,
Catching, ' Casey,
Caldwell, Clift,
Christian of Newton, Chatters, Claiborne,
Chambers,

Cooper, Cobb of Houston, Costin, Crayton,
Davis, Daley, Dinkins,
Fort, Foster of Paulding, Gilbert, Goodwin,
Golden, Harland, Harris of Newton, Harrison of Hancock, Higbee,
Hotchkiss, Jones,
Jordan, Key,
Lee, Linder, Lumpkin,
Madden,

CONSTITUTIONAL CONVENTION.

223

'

Seeley,

McCay,

Smith of Charlton,

MoWhorter,

Smith of Coweta,

Moore of Columbia,

Speer,

Murphy,

Shumate,

Noble,

Stewart,

Palmer,

Stone,

Pope,

. Strickland,

,

Potts,

Trammell,

Reynolds,

Turner,

Richardson,

Walter,

Eozar,

' Welch,

Roberts,

Whitaker,

Robertson,

Whitehead of Eurke,

Sikes,

Wooten.

There are yeas 37; nays 78. So the motion to postpone indefinitely did not prevail.
Mr. Higbee, from the Committee on Enrollment, made the following report :

Mr. President :
The Committee on Enrollment report that the following Preamble and Resolutions hare been regularly enrolled, and are now ready for the signature of the President and the attesta tion of the Secretary, to-wit:
A Preamble and Resolutions asking in behalf of needy South ern Planters a loan of thirty million dollars from the United States Government.

Mr. Trammell offered the following as a substitute for the matter under consideration on the subject of relief, to-wit:

No Court in this State shall have j urisdiction of any contract or agreement made prior to the first day of June, 1865, or of any wrong or injury committed prior to said date; nor shall any ministerial officer have jurisdiction to enforce any judg ment or execution, rendered upon any such contract or agree ment, or for damages on account of any such wrong or injury. And in case any suit shall be brought, or pending, upon any such supposed cause of action against any inhabitant of this State, it shall be dismissed by the Courts upon a plea to the jurisdiction filed by the defendant, and upon proof that the cause of action originated prior to June 1st, 1865.

224

JOURNAL OF THE &BOBGIA

Provided, That no such plea shall be sustained by the Court if the plaintiff or plaintiffs shall, by proof, establish that, prior to the commencement of said suit he, personally, or by attorney or agent, proposed to the defendant or defendants to submit the matter in controversy between them to the decision of arbitrators, chosen equally by both parties, with an umpire chosen by the arbitrators, upon principles of natural equity, taking into account the losses of the respective parties by the calamities of the war, and all other grounds which, in the opinion of the arbitrators, may in good conscience bear upon the merits of the case; and that the award of the arbitrators be made the judgment of the proper-Court, which the defend ant or defendants refused to do, within one month after said proposition. And in case of judgment or execution, heretofore rendered, the proper officer may proceed with the collection, upon proof to the satisfaction of the Court that the plaintiff or plaintiffs have submitted, and the defendant or defendants have rejected a like proposition to refer the matter between them to arbitrament and award as aforesaid, and not other wise.
And provided further, That no such plea to the jurisdic tion shall be sustained where the defendant resides beyond the limits of this State, or is actually removing or about to remove his person or property without the limits of this State, or any County thereof.
And provided further, That the lien of a judgment now in existence shall not be lost by said arbitration, but a new exe cution shall be issued by the Clerk, and shall proceed after one year from the date of such award, for the collection of the amount of such award. The right of set off- shall exist as heretofore.
Pending discussion thereon, the Convention adjourned
until 9J o'clock a.m., Monday.

CONSTITUTIONAL CONVENTION.

225

Atlanta, Gf-a., Monday, Feb. 3, 1868.
The Convention met pursuant to adjournment. Prayer by the Chaplain.
The Journal was read.
The President laid before the Convention the following Order of General Meade, which was read :
HEADQUARTERS THIRD MILITARY DISTRICT)
(Dep't of Georgia, Alabama, and Florida), v ATLANTA, G-A., Feb. 1, 1868. )
General Orders, No. 22. Numerous applications having been made to the Major-
General Commanding, relative to the provisions and the execu tion of General Orders No. 49, series of 1867, from these Headquarters, and being satisfied from reports and representa tions that in some instances the operations of the Order have proved embarrassing and of an effect not designed when it was issued--the intention having been to prevent, by prompt and energetic action, the use of official patronage to obstruct, hinder, and delay Reconstruction under the Acts of Congress --he therefore directs that the aforesaid Order be modified to read as follows:
I. The giving of all advertisements, and other official publi cations, heretofore or hereafter to be provided for by State or Municipal Laws or Ordinances, by the civil officers whose duty it is to cause such publications to be made, is prohibited to such newspapers, and such only, as attempt to obstruct in any manner the civil officers appointed by the military officers in this District in the discharge of their duties by threats of violence, of prosecution, or other penalty, as soon as the mili tary protection is withdrawn, for acts performed in their official capacity.
II. If in any of the Counties in either of the States in this District there be but one newspaper published, civil officers whose duty it is to advertise in accordance with law, are authorized to advertise in said paper, regardless of the provi sions of Paragraph I of this Order.
III. All officers in this Military District, whether military or civil, and all Boards of Registration, or other persons hi the

226

JO-URJUL OP THE GEORGIA

employment of the United States under military jurisdiction, are directed to give prompt attention to the enforcement of this Order. Opposition to Reconstruction, when conducted in a legitimate manner, is not to be considered an offence; but will be so considered when accompanied by violent and incen diary articles threatening the preservation of the peace, or by attempts to obstruct civil officers as indicated in Paragraph I of this Order. Should any civil officer violate the provisions of this Order, the case will be promptly reported to these Headquarters.
IV. This Order is not to be construed as affecting advertise ments being published at the date of the Order, or prior to its receipt by the civil officer who is affected thereby.
By order of Major-General MEADE. R. 0. DRUM,
Assistant Adjutant General.
Leave of absence was granted Mr. Martin, of Habersham, on account of important business.
Mr. Shropshire in the Chair. The consideration of the unfinished business of Satur day last was resumed, to-wit: the second majority and minority reports of the Committee on Relief, and the substitutes therefor by Mr. Stanford and Mr. Trammell. The statement of the question by the President pro tern. gave precedence to a substitute of Mr. Bullock, and placed that of Mr. Trammell in the position of a third substi tute, and consequently out of order. Mr. Bryant offered the following as an amendment to the substitute of Mr. Bullock, to-wit:
We, the people of Georgia, in Convention assembled, do solemnly Ordain, That from and after the passage of this Ordinance, until the first day of January, 1871, no Court or ministerial officer of this State shall have jurisdiction or au thority to enforce any judgment, execution, or decree, for money rendered or issued upon any contract or agreement, made or entered into, or for any tort or injury committed prior to the first day of May, 1865, or upon any contract or agree ment made in renewal of a debt existing prior to the first day of May, 1865,

3 -'

227

An5 on and after the first day of January, 1871, no Court or

ministerial officer of this State shall have jurisdiction or au

thority to eni'drce such judgment, execution, or decree, except

as follows, lo-wit: On- and after the first day of January, 1871,.

for one*fifth of the amount due thereon; on and after the first

day of January, 1872,. for one other fifth; on and after the first

day of January; 1873,, for one other fifth; on and after the first

day of January, 1874, for one other fifth ; and on and after the-

first day of January, 1875, for the remaining fifth.

Resolved, That the Committee on Judiciary be, and they are hereby instructed to insert is that part of the Constitution which defines the powers of the Judiciary of this State, the following section:

SJTCTIOBf --.
Until the first day of January, 1871, no Court or ministerial officer of this State shall have jurisdiction or authority to enforce any judgment,. execution, or decree, for money, ren dered or issued upon any contract or agreement, made or entered into, or for any tort or injury committed prior to the first day of May, 1865.
And on and after the first day of January, 1871, no Court or ministerial officer of this State shall have jurisdiction or au thority to enforce, such judgment, execution, or decree, except as follows: On and after the first day of January, 1871, for one-fifth of the amount due thereon, on and after the first day of January, 1872, for one other fifth; on aud after the first day of January, 173, for one other fifth; on and after the first day of January, 1874, for one other fifth; and on and after the first day of January, 1875, for the remaining fifth, except in the following cases, in which the Courts and ministerial officers shall have jurisdiction and authority:
I. Where the debt is for property sold, and not more than one-fourth of the purchase money has been paid, and the prop erty still exists in the hands of the debtor, who refuses to deliver it back to the vendor, or it has been fraudulently dis posed of by the debtor to avoid judgment.
II. Where the debt grows out of a trust, and the trust prop erty is in the hands of the trustee, or it has been invested by him in other specific effects of value, now in his hand, or has

228

JOURNAL OF THE GEORGIA

been fraudulently disposed of by the trustee, who has valuable specific assets, arising from the disposition of t&e trust property, which he converts to his own use.
III. Where the debt is for property, which has been disposed of by the debtor, who has the specific proceeds thereof in his possession, or has fraudulently disposed of said proceeds to defeat tho collection of the debt,
IV. In all suits against Corporations in their corporate ca pacity, on bills, bonds, notes, mortgages, deposits and accounts-; and in all contracts with mechanics and day laborers.
V. In all cases where a defendant is about to remove, or is removing himself or his property beyond the limits of th'is State.
VI. In all debts due to charitable or literary institutions. VII. In all other cases where the Legislature shall hereafter by a vote of two-thirds of the members thereof, confer j urisdiction on aay Court, created by this Constitution, or by Legis lative enactment.
SECTION --.
It shall fee in the power of two-thirds of the General Assem bly to assess and collect upon all debts, judgments, or causes of action, when due, founded on any contract or wrong made, implied, or done before the first of May, 1865, in the hands of any one in his own right, or as trustee, agent, or attorney of another, on or after the first of January, 1868, a tax of not exceeding twenty-five per cent, to be paid by the creditor on pain of the forfeiture of the debt, but chargeable by him, as to one-half thereof against the debtor, and collectable with the debt: Provided, that this tax shall not be collected if the debt or cause of action be abandoned or settled without legal pro cess, or if in judgment, be settled without levy and sale; and, provided further, this tax shall not be levied so long as the Courts of this State shall not have jurisdiction of euch debts or causes of action.
II. That this Ordinance be, and hereby is, adopted as part of the. Constitution of this State, and the Judiciary Committee are instructed to alter the several sections of their report giving jurisdiction to the Courts so as to fail to give jurisdiction in the cases herein denied, and the Committee on Consolidation and Eevision distribute this Ordinance to its proper place in the Constitution.

CONSTITUTIONAL CONVENTION.

229

Pending discussion on the proposed amendment of Mr. Bryant, Mr. Bigby having the floor, the Convention adjourned until 9J o'clock a. m., to-morrow.

Atlanta, Ga., Tuesday, Feb. 4, 1868.
The Convention met pursuant to adjournment.
Prayer by the Chaplain.
The Journal was read.
Leave of absence was granted Messrs. Daley, Powell, Stewart, and Edwards, and to Mr. Davis, after 12 o'clock
m., on the 14th instant. The following communication from General Meade was
kid before the Convention by the President:
HEADQUARTERS THIRD MILITARY DIST. (Dept. Georgia, Alabama, and Florida), ATLANTA, GA., Feb. 3, 1868.
Hon. J~. E. Parrott, President Constitutional Convention, Atlanta, Georgia:
SIB--A careful survey of the condition of the State Treas ury, and of the probable incoming revenue and demands upon the State, justify me in reporting to you that I shall be able, by the 15th of March proximo, to pay to the Disbursing Agent of the Convention the sum of Thirty Thousand Dollars, one-half of which will be available on or about the 10th instant. As this sum will complete the amount of the requisition approved by my predecessor and myself, I take this occasion to say that, after carefully examining the financial condition of the State, as left by the outgoing Provisional Executive officers, together with the demands to be met under the heads of the civil list and public institutions, that I can not feel myself authorized to sanction any greater advance from the State Treasury to the Convention than is herein indicated, and that I must request the cooperation of the Convention in conforming to this
decision. In coming to this decision, which is based on providing for
the immediate and imperative wants of the Convention from the usual sources of revenue, by the collection of taxes and

230

JOURNAL OF THE GEORGIA

nett proceeds of the State Road, I feel compelled to decline approving or undertaking any financial scheme involving the credit of the State, or anticipating future revenue.
Very respectfully, your obedient servant,
GEORGE G. MEADE, Major-General U. S. A.

Mr. Angier moved a suspension of the Rule for the introduction of the following Resolution :

Resolved, That no delegate of this Convention shall receive any per diem pay after the first day of March next.

The motion to suspend the Rule did not prevail.
The unfinished business of yesterday was resumed, towit: the second majority and minority reports of the Committee on Relief, the substitutes of Mr. Stanford and Mr. Bullock, and the amendment proposed by Mr. Bryant to the substitute offered by Mr. Bullock.
Mr. Conley in the Chair.
Mr. Bigby resumed the floor, and, at the expiration of twenty minutes, was informed by the President pro tern. that the time allowed him under the Rule for his first speech was exhausted.
Mr. Akerman rose to a point of order, stating that a motion made by himself on yesterday, to extend the time for Mr. Bigby's speech, was sustained by the Convention.
The President pro tern, decided that, under the Rule, there could be no extension of the time of the first speech of a member, and that the action of the Convention on yesterday, extending the time of Mr. Bigby's first speech, being in violation of the Rule, could not be observed.
From this decision Mr. Akerman appealed. The decision of the Chair was not sustained. Mr. Blodgett offered the following as an amendment to the substitute of Mr. Bullock, which was accepted by Mr. Bullock, to be inserted between the paragraph granting

CONSTITUTIONAL CONVENTION.

231

power to two-thirds of the Legislature to confer jurisdic tion on the Courts and the section in his' substitute, and to be known as section --, to-wit:
SECTION
All contracts nlade and not executed during the late, rebel lion, with the intention and for the purpose of ' aiding 'and encouraging said rebellion, or when it was the purpose arid intention of one of the parties to such contract to aid or en courage such rebellion, and that fact was known by the other party, whether the said contract was made by any person or corporation with the State or Confederate States, or by a corporation with a natural.person, or between two or more natural persons,.are hereby declared to have been arid to be illegal; and all bonds, deeds, promissory notes, bills, or other evidences of debt, made or executed by the parties to such contract, or either of them, in connection with such illegal contract, or as the consideration for, or in furtherance thereof, are hereby declared null and void, and shall be so held in all Courts in this State, when an attempt shall be made to enforce any such con tract, or give validity to any such obligation or evidence of debt. And in all cases where the defendant, or any one inter ested, in the event of the suit, will malie a plea that he has reason to believe that the obligation or evidence of indebted ness upon which the suit is predicated, or some part thereof has been given or used for the illegal -purpose aforesaid, the burden of proof shall be upon the plaintiff to satisfy the Court and jury that the bond, deed, note, bill, or other evidence or evidences of indebtedness upon which said suit is brought, is or are not, nor is any part thereof founded upon, or in any way connected with any such illegal contract, and has not been used in aid of the rebellion, and the date of such bond, deed, note, bill, or other evidence of indebtedness, shall not be evi dence that it has or has not, since its date, been issued, trans ferred, or used in aid of the rebellion.
Mr. Blodgett called for the previous question, which was sustained by & vote of 52to 49--the result having been announced by the Chair.
Mr. Akerman deiiranded the yeas and' nays on the question.

232

JOURNAL OF THE

The call for the yeas and nays was decided out of order, as the decision of the Chair had been announced.
From this decision Mr. Akerman appealed, and the de cision of the Chair was sustained by the Convention.
Upon the question, " Shall the main question be now put ?" Mr. Akerman required the yeas and nays to be re corded.
Those who voted in the affirmative, are Messrs.

Alexander, Anderson, Bedford,
Bowden of Monroe, Blodgett,
Blount, ' Brown, Bracewell, Buchan, Bullock, Burnett, Campbell, Catching, Caldwell, Clift, Christian of Newton, Chatters, Chambers, Cooper, Cobb of Houston, Crayton, Davis, Dinkins, Gibson,
Gilbert, Goodwin, Golden,
Harris of Newton, Harrison of Hancock,

Higden, Hotehkiss, Howe,
Hutcheson, Jackson,
Joiner, Jones, Jordan, Linder, Lumpkin, McCay, McWhorter, Noble, Palmer, Potts, Reynolds, Rozar, Roberts, Saulter, Seeley, Sherman, Smith of Charlton, Stone, Strickland,
Trawick, Turner, Whitaker,
Wooten.

Those who voted in the negative, are Messrs.

Akerman,

Angler,

Ashburn,

'

Beaird,

Baldwin,

Bell of Banks,

Bowden of Campbell, Bigby, Bryant, Bryson, Bradley,
Carson,

CONSTITUTIONAL CONVENTION.

233

Cameron,

Casey,

Christian of Early,

Cole,

Crane,



Crawford,-

Crumley,

Getting,

Dunning,

Dtmnegan,

Ellington,

Flynn,

Fort,

Guilford,

Harland,

Higbee,

Hudson,

King,

Knox,

Lee,

Lott,'

Maddox,

Marler,

Maull,

Mathews,

Martin of CarroU,

Martin of Calhoun, McHan, Minor, Miller,'
Moore of White, Moore of Columbias . Murphy, Pope, Prince, Robertson, ' Saffold,
Sites, Shields,
Smith of Thomas, Shropshire,
Shumate, Stanford, Supple, . - Stanley, Walton, Waddell, Welch, Whitehead of Burke, Whiteley, Woodey.
Yeates.

There are yeas 57; nays 64. So the question, "Shall the main question be now put?" was determined in the negative.
The following amendment to the substitute of Mr. Bullock, which was accepted by him, was offered by Mr. Seeley as a proviso to the paragraph authorizing the Legislature, by a vote of two-thirds, to confer jurisdiction, on the Courts, to-wit:

Provided, That jurisdiction over debts, for the purchase or hire of slaves, or over debts, the credit of Avhich was based on slaves as property, shall not be conferred on any Court in this State.
Mr. Parrott moved that the whole subject-matter of relief be referred to a Special Committee of five, with instructions to report to-morrow morning.
This motion was withdrawn.

234

JOURNAL OF THE GEOKGJA

Mr. Blodgett offered the following Resolution, which was adopted, to-wit:
Resolved, That debate on the question of "Relief" be closed to-morrow, at 11 o'clock a. m.
Leave of absence was granted Mr. Richardson and Mr"Whitehead, of Butts.
The Convention, on motion, adjourned until 9| o'clock a. m., to-morrow.

Atlanta, Ga., Wednesday, Feb. 5, 1868.

The Convention met pursuant to adjournment. Prayer by the Chaplain. The J ournal was read. The unfinished business of yesterday was resumed, towit: the second majority and minority reports of the Committee on Belief, the substitute of Mr. Stanford and of Mr. Bullock, as amended, and two amendments offered by Mr. Bryant to the amended substitute of Mr. Bullock. The first proposition in order being the last amendment of Mr. Bryaut, to-wit; to amend the substitute of Mr. Bullock by providing that the Legislature, by a vote of a majority instead of two-thirds, may confer jurisdiction on the Courts. Upon this proposition Mr. Akerman required the yeas and nays to be recorded.

Those who voted in the affirmative, are Messrs.

Akerman, Alexander, Angler, Ashburn, Barton, Beaird, Baldwin,

Bell of Oglethorpe, Bell of Banks, Bowers, Bigby, Bryant, Bracewell, Bryson,

CONSTITUTIONAL CONVENTION.

235

Carson, ..

'

Cameron,

Clift,

Christian of Early,

Claiborne,

Cobb of Houston,

Cole,

-

Conley,

Crane,

Crawford,

Crumley,

Cotting,

Dunning,

Dunnegan,

Ellington,

Fields,

Flynn,

Fort,

G-uilford,

Harland,

Higbee,

Higden,

Houston,

Hudson,

Hutcheson,

King,

Knox,

Lee,

Linder,

Lott, Madden,
Maddox,
Marler, Mathews, Martin of Carroll, Martin of Calhoun, McHan,
McCay, Miller, Moore of White,
' Murphy,
Pope, Prince,
Saffold, Saulter, Shields, Smith of Coweta, Smith of Thomas,
Speer, , Shropshire, Stanford,
Stanley, Trammell, Welch, Williams, Woodey, Yeates.

Those who voted in the negative, are Messrs.

Anderson, Bedford, Bowden of Campbell, Bowden of Monroe, Blodgett, Blount, Brown,
Bradley, Bullock, Burnett,
Campbell, Casey, Caldwell,
Christian of Newton, Chatters, Chambers, Cooper,

Costin, Crayton, Davis,
Dinkins, Gibson, Gilbert, Goodwin, Golden, Harris of Newton, Harrison of Hancock, Hotehkiss, Hooks, Howe,
Jackson, Joiner, Jones,
Jordan,

236

JOURNAL Off THE GEORGIA

XrampMn, Maull, Minor,
McWhorter, Moore of Columbia, Noble, . Palmer, Potts, Reynolds, Rice, Rozar,
Roberts, Robertsorij,

Sikes, Sherman, Shumate,
Stone, Striekland, Trawick, Turner, "Walton, Wallace, Whitaker, Whitehead of Burke, WMteley, Wooten.

There are yeas 71; nays 60. 8 the amendment was adopted,

Mr. Bryant moved that the subject-matter f relief, nowpending, be referred to a Special Committee of five, with instructions to report to-morrow*

Upon this motion the yeas and Bays were demanded.

Those who voted in the affirmative, are Messrs.

Akerman, Angier,
Baldwin,
Bell of Banks,. Bowers^ Bigby, Bryaat,
Bracewell, Bryson,
Cameron., Cole, Crane,
Crawford, Crumley,, Getting,
Dunning, Dunnegan, Ellington,, Fields,
Flynn, Higbee, Houstonj

Hudson, Hutcheson,, King,
Knox, Lee, Maddox^ Marler,
Mathews, Martin of CarroH., McHan, Moore of White, Murphy,
Saffold, Shields, Smith of Thomas,, Speer, Shropshire, Stanley, Trammell,
Welch, "Woodey s Yeates.

CONSTITUTIONAL CONVENTION.

237

Those who voted in the negative, are Messrs.

Alexander, Anderson, Ashburri, Bedford, Beaird, Bell of Oglethorpe, Bowden of Campbell, Bowden of Monroe, Blodgett, Blount, Brown, Bradley,
Bullock,
Burnett, Campbell, Carson,
Casey, Caldwell, Clift, Christian of Newton, Christian of Early, Chatters, Claiborne, Chambers, Cooper, Cobb of Houston, Costin,
Conley, Crayton,
Davis, Dinkins, Fort, Gibson, Gilbert,
Goodwin, Golden,
Guilford, Harland, Harris of Newton, Harrison of Hancock, Higden, Hotchkiss, Hooks,
Howe,

Jackson, Joiner,
Jones, Jordan, Key, Linder, Lott, Ltimpkin,
Madden, Maull, Martin of Calhoun, McCay, Minor, Miller, McWhorter, Moore of Columbia, Noble, . Palmer,
Pope, Potts, Prince, Eeynolds,
Rice, Rozar, Roberts,
Sanlter, Sikes, Sherman, Smith of Charlton, Smith of Coweta, Shumate,
Stanford, Stone, Strickland, Trawick, Turner, Walton,
Wallace, Whitaker, Whitehead of Burke, Whiteley, Williams,
Wooten.

There are yeas 44; nays 87. So the motion to refer did not prevail.

238

JOURNAL OF THE GEOKGIA

Mr. 'Waddell stated that he had paired off with Mr.

Edwards on the question of relief.



Upon the question of adopting the first amendment of

Mr. Bryant the yeas and nays were demanded.

Those who voted in the affirmative, are Messrs.

Akerman, Alexander, Angler, Bell of Banks, Bowers, Bigby, Bryant,
Brysori, Cameron, Clift,
Christian of Early, Cole, Crane, Crawford,
Crumley, Cotting, Dunning, Dunnegan,
Ellington, Fields, Flynn, Harland,
Higbee,

Houston, Hutcheson, King, Knox,
Lott, Maddox, Mailer,
Mathews, Martin of Carroll, Martin of Calhoun,
McHan, Minor, Miller, Moore of White,
Saffold, Saulterj Shields, Smith of Thomas,
Shropshire, Stanley, Trammell, Woodey,
Yeates.

Those who voted in the negative, are Messrs.

Ashburn, Bedford, Beaird, Baldwin, Bell of Oglethorpe,
Bowden of Campbell, Bowden of Monroe, Blodgett, Blount, Brown,
Bracewell, Bradley, Buchan, Bullock, Burnett, Campbell,

Carson, Catching, Casey, Caldwell, Christian of Newton,
Chatters, Claiborne, Chambers, Cooper, Cobb of Houston,
Costin, Conley, Crayton, Davi>, Dinkins, Fort,

CONSTITUTIONAL CONVENTION.

239

Gibson, . Gilbert, Goodwill, Golden, Guilford, ; Harris of Newton, Harrison of Hancock, Higden, Hotchkiss, Hooks, Howe, Hudson, Jackson, Joiner, Jones, Jordan, Lee, Linder, Lumpkin, Madden, Maull, McCay, McWhorter, Moore of Columbia, Murphy, Noble, Palmer,

Potts,

Prince,

Reynolds,

Bice,

Rozar,

Roberts,

Robertson,

Sikes,

Shennan,

Smith of Charlton,

Speer,

Shumate,

Stanford,

Supple,

Stone,

Strickland,

Trawick,

Turner,

^

Walton,

Wallace,

Welch,

Whitaker,

Whitehead of Burke,

Whiteley,

Williams, /

Wooten.

There are yeas 46; nays 86. So the amendment was not adopted.
It will be found entered in full on the Journal of Feb ruary 3d.
Mr. McCay offered the following amendment, which was accepted by Mr. Bullock, to-wit:

Except also where the debt or contract is set up by way of defense to any matter of which the Court has jurisdiction, and said debt is more than any debt due by the defendant to the plaintiff, of which the Courts are denied jurisdiction.
Mr. Blodgett offered the following amendment, which was accepted by Mr. Bullock, to follow the accepted amendment of Mr. McCay, to-wit:
Except where the debt is for real property sold, and not one third or more of the purchase money has been paid, a:nd the

240

JOTIKNAL OP THE GEORGIA

suit is in the name of the vendor, and the said property exists in the hands of the debtor, who refuses to deliver it back to the vendor, or where it has been fraudulently disposed of by the debtor to avoid judgment.

Mr. Stanford offered the following as an additional ex ception, to-wit:

In all cases where the defendant has absconded, or is about to remove himself or his property beyond the limits of the State or County.

On motion of Mr. Miller the words "or County" were stricken out.
Upon the question of adopting the amendment, as amended, the yeas and nays were demanded.
Those who voted in the affirmative, are Messrs.

Akerman, Alexander, Angier,
Bell of Banks, Bowers, Bryant, Bryson, Buchan, Cameron, Clift, Christian of Early, Cobb of Houston, Cole,
Crane, Crawford, Crumley, Dunning, Dunnegan, Ellington, Fields, Flynn, Harland, Higbee, Hudson, Hutcheson, King,
Knox, Lee, Linder,

Lott, Madden, Maddox, Marler, Mathews, Martin of Carroll, Martin of Calhoun, HcHan, McCay, Miller, Moore of White, Murphy, Rice,
Saffold, Saulter, Shields,
Smith of Thomas, Speer, Shropshire, Stanford, Stanley, Trammell, Trawiok, Welch,
Whiteley, Williams, Woodev, Yeates.

CONSTITUTIONAL CONVENTION.

241

Those who voted in the negative, are Messrs.

Anderson, Ashburn, Bedford,,
Beaird, Baldwin,
Bell of Oglethorpe, Bowden of Campbell, Bowden of Monroe, Blodgett, Bigby,
Blount, Brown, Braeewell, Bradley, Bullock, Campbell, Carson,
. Catching, Casey, Caldwell, Christian of Newton, Chatters, Claiborne, Chambers, Cooper,
Costin, Conley, Crayton,
Cotting, Davis, Dinkins, Gibson, Gilbert, Goodwin,
Golden,
Guilford,
Harris of Newton,

Harrison of Hancock, Higden, Hotchkiss, Hooks, Howe, Jackson, Joiner, Jones, Jordan, Lumpkin, Maull,
Minor, MoWhorter, Moore of Columbia, Noble, Palmer, Pope,
Potts, Prince, Eeynolds, Rozar, Koberts, Robertson, Sikes, Sherman, Smith of Charlton, Smith of Coweta, Shumate, Supple,
Stone, Strickland, Turner,
Walton, Wallace, Whitaker, Whitehead of Burke,
Wooten.

There are yeas 57; nays 74. So the same was not adopted.
Mr. Akerman moved to amend as follows, to-wit:
Provided, That the jurisdiction herein withheld shall exist if the plaintiff or plaintiffs shall establish, by proof, that prior to the commencement of said suit he, personally or by attorney or agent, proposed to the defendant or defendants to submit

242

JOURNAL OF THE GEORGIA

the matter in controversy between them to the decision of arbitrators, chosen equally by both parties, with an umpire chosen by the arbitrators, upon principles of natural equity, taking into account the losses of the respective parties by the calamities of the war, and all other grounds which, in the opinion of the arbitrators, may in good conscience bear upon the merits of the case, and that the award of the arbitrators be made the judgment of the proper Court, which the defend ant or defendants refuse to do within one month after said proposition. And in case of judgment or execution, heretofore rendered, the proper officer may proceed with the collection, upon proof to the satisfaction of the Court that the plaintiff or plaintiffs have submitted, and the defendant or defendants have rejected a like proposition to refer the matter between them to arbitrament and award, as aforesaid, but not otherwise.
And provided further, That the lien of a judgment, now in existence, shall not be lost by said arbitration, but a new execution shall be issued by the Clerk, and shall proceed after one year from the date of such award for the collection of the amount of such award. The right of set-off shall exist as heretofore.

Upon the question of adopting the amendment of Mr. Akerman the yeas and nays were demanded.

Those who voted in the affirmative, are Messrs.

Akerman, Angier, Barton, Baldwin,. Bell of Banks, Bowers, Bigby, Bryant, Bryson, Cameron, Clift,
Christian of Early, Cole, Conley, Crane, Crawford, Crumley, Getting, Dunning,

Martin of Oarroll, Martin of Calhoun, Dunnegan, Ellington, Fields, Flynn, Fort, Harland, Higbee, Houston, Hudson, Hutcheson, King, Knox, Lee,
Lott, Maddox, Marler, Mathews,

CONSTITUTIONAL CONVENTION.

243

McHan, Minor, Miller, . Moore of White,
Rice, Saffold, Shields, Smith of Thomas, - Speer,

Shropshire, Stanford, Stanley, Trammell, Turner, Welch, Woodey, Yeates.

Those who voted in the negative, are Messrs.

Alexander,

Hotchkiss,

Anderson,

Hooks,

Ashburn,

Howe,

Bedford,

Jackson,

Beaird,

Joiner,

Bowden of Campbell,

Jones,

. Bowden of Monroe,

Jordan,

Blodgett,

Lumpkin,

Blount,

Madden,

Brown,

Maull,

Bracewell,

McCay,

Bradley,

McWhorter,

Buchan,

Moore of Columbia,

Bullock,

Murphy,

Burnett,

Noble,

Campbell,

Palmer,

Carson,

Pope,

Catching,

Potts,

Casey,

Prince,

Caldwell,

Eeynolds,

Christian of Newton,

Eozar,

Chatters,

Roberts,

Claiborne,

Robertson,

Chambers,

Sikes,

Cooper,

Sherman,

Cobb of Houston,

Smith of Charlton,

Costin,

Shumate,

Crayton,

Supple,

Davis,

Stone,

Dinkins,

Strickland,

Gibson,

Trawick,

Gilbert,

Walton,

Goodwin,

Wallace,

Golden,

Whitaker,

Guilford,

Whitehead of Burke,

Harris of Chatham,

Whiteley,

Harris of Newton,

Williams,

Harrison of Hancock,

Wooten,

Higden,

244

JOTJKNAL OF THE GEORGIA

There are yeas 55; nays 77. So the amendment was not adopted.
Mr. McCay stated that he voted in the negative because he believed the provisions of the amendment unconstitu tional.
Mr. Saffbld offered the following, to be added after the last accepted amendment of Mr. Blodgett, to-wit:

And all debts due to charitable institutions, institutions of learning, and mechanics and laborers.

The same was adopted. Mr. Saffold moved to strike out the amendment of Mr. Blodgett accepted on yesterday by Mr. Bullock, and en tered in full on the Journal of that day. Upon this motion he required the yeas and nays to be recorded.

Those who voted in the affirmative, are Messrs.

Akerman, Angier,
Bell of Banks, Bowers, Bigby, Bryson, Carson, Cameron,
Caldwell, Christian of Newton, Christian of Early, Cobb of Houston, Cole, Crane,
Orawford, Crumley, Dunning, Dunnegan, Ellington; Fields,
Flynn, Harland, Higden,
Houston, Hudson,
Hutcheson,

King, Knox,
Lee, Lott, Maddox, Marler, Martin of Carroll, Martin of Calhoun,
McHan, McCay, Miller, Moore of White, Pope, Robertson, Saffold, Saulter, Shields, Smith of Thomas, Shropshire, Stanford,
Stanley, Trammell, Whiteley,
Woodey, Yeates.

CONSTITUTIONAL CONVENTION.

245

Those who voted in the negative, are Messrs.

Alexander, Andersen, Ashburn^ Bedford, Beaird, Baldwin, Bell of Oglethorpe, Bowden of Campbell, Bowden of Monroe, Blodgett, Blount, Bryant, Brown, Braeewelis Bradley, Buchan, Bullock, Campbell, Catching, Casey, Clift, Chatters, Claiborne, Chambers, ooper, Costin, Conley, Crayton, Cotting,, Davis,
Gibson, Gilbert, Goodwin, Goldea, Guiiford, Harris of Chatham, Harris of Newton, Harrison of Hancock, Higbee,

Hotehkiss, Hooks, Howe, Jackson, Joiner, Jones, Jordan, Lunipkin, Madden, MaulL, Minor, McWhorter, Moore of Columbia, Murphy, "> Noble, Palmer, Potts, Prince, Reynolds, Uiee, Hozar, Roberts, Sikes, Sherman, Smith of Charltotis Speer, Shumate, Supple, Stone, Striekland5 Trawick, Turner, Walton, Wallace, Welch, Whitaker, Whitehead of Burke,. Williams, Wooten,

There are yeas 51; nays 79. So the motion to strike out the same was lost.
Mr. Bryant moved to strike out from the accepted prcn

viso of Mr. Seeley tne words "or hire."

The amendment was lost. 17

246

JOURNAL OF THE GEORGIA

Mr. Miller moved to amend by striking out from the second paragraph of the first section the words " evi denced by bonds or mortgages of corporations," and inserting in lieu thereof the words "against a corporation or corporations."

On the question of its adoption the yeas and nays were demanded.

Those who voted in the affirmative, are Messrs,

Akerman, Anderson, Angler, Beaird, Baldwin, Bell of Banks, Bowers, Bigby, Bracewell, Bryson, Buchan, Burnettj Carson, Cameron, Caldwell, Clift, Christian of Newton, Christian of Early, Cooper, Cobb of Houston,
Cole, Crane, Crawford, Crumley, Dunning, Dunnegan, Ellington, Fields, Plynn, Fort, Harland, Higbee, Higden, Howe,

Hudson,
Hutcheson,
King,
Knox, Lee,
Lott,
Madden, Maddox, Marler,
Mathews, . Martin of CarroII, Martin of Calhoun, McHan, McCay, Minor, Miller, Moore of White,
Moore of Columbia,
Murphy,
Pope, Robertson, Saffold, Sanlter, Shields,
Smith of Thomas,
Speer, Shropshire, Stanford,
Stanley, Trammell, Trawick,
Welch,
Woodey, Yeates.

CONSTITUTIONAL CONVENTION.

247

Those who voted in the negative, are Messrs.

Alexander, Ashburrt, Bedford,
Bell of Oglethorpe, Bowden of Campbell, Bowden of Monroe, Blodgett, Blcunt,
Bryant, Brown, Bradley,
Bullock, 'Campbell, Catching,
Casey, Chatters, Claiborne, Chambers, Costin, Conley, Crayton, Getting,
Davis, Dinkins, Gibson, Gilbert,
Good win, Golden, Guilford,
Harris of Chatham, Harris of Newton, Harrison of Hancock,

Hotchkiss, Hooks, Jackson, Joiner, Jones, Jordan, Lumpkiu, Maull, McWhorter, Nobl, Palmer, Potts, Prince, Reynolds,
Rozar, Roberts, Sites, Seeley, Sherman, " Smith of Charlton, Shumate, Supple, Stone, Turner, Walton, Wallace, Whitaker, Whitehead of Burke, Whiteley, Williams, Wooten.

There are yeas 68; nays 64. So the motion to amend prevailed.
Mr. McCay offered to amend by adding after the word "plea," in the first accepted amendment of Mr. Blodgett, the words "supported by his affidavit."
The same was accepted by Mr. Bullock. Mr. Crane proposed to amend by striking out the words "or wrong" and "or done" wherever they occur in the second paragraph of the first section. The same was also accepted by Mr. Bullock.

248:

JOURNAL, OF THE GEORGIA

Mr. Stanford.moved to amend, by; striking out "June" and inserting "May" whenever it occurs.

The motion was lost. Mr. McCay moved to strike out the word "two-thirds"

and insert "a majority" where it> occurs in the amended substitute of Mr. Bullock.

The same was accepted by Mr. Bullock. Upon the question of adopting the amended substitute

of Mr. Bullock the yeas and nays were demanded. Mr. Crane submitted for the decision of the Chair
whether any member personally interested in the ques

tion pending could vote. The President decided that he could not.

Those who voted in the affirmative, are Messrs.

Alexander,

Anderson,

Ashburn,

Bedford,

Beaird,

Bell of Oglethorpe,

Bowden of Campbell,

Bowden of Monroe,

Blodgett,

Brown,

Bracewell, .

Bradley,

Buchan,

Bullock,

Burnett,

Campbell,

Carson,

Catching,

Casey,

Caldwell,

Clift,

Christian of Newton,

Chatters,

Claiborne,

Chambers,

Cooper^

Costin,

.

Conley,

Crayton,

Dayis, Dinkins, Fort, Gibson, Gilbert, Goodwin, Golden, Gruilford, Harris of Chatham, Harris of Newton,
Harrison of Hancock, Higden, Hotchkiss, Hooks, Howe, Jackson,
Joiner, Jones,
Jordan^ Lumpkin^ Maull, Minor,
McWhorter, Moore of Columbia,
Mtirphy, Noble, Palmer, Potts, Prince,

CONSTITUTIONAL CONVENTION.

245

Reynolds, Rice, Rozar, Roberts,
Robertson, ' Sikes,
Seeley, Sherman, Smith of Charlton, Speer,
Shumate,
Supple,

Stone, Strickland, Trawick, Turner,
Walton, Wallace,
Welch, : Whitaker, Whitehead of Burke, Whiteley,
Wooten.

Those who voted in the negative, are Messrs.

Akerman, Angler,
Baldwin, Bell of Banks, Bowers, Bigby, Blount, Bryant, Cameron,
Christian of Early, Cole, Crane, Crawfords
Crumleys Cotting, Dunning, Bunnegan,, Ellimgtpn,
Pields, J?lynn,
Harland,
Higbee, Hudson,

Hutcheson, King,
Knox, ' Lott,
Maddox, Marler, Mathews, Martin of Cirroll, Martin of CaUkOun,
McHan, McCay, Miller, Moore of While, Pope, Saffold, Shields, Smith of Thomas, Shropshire,
Stanford, Trammell,
Williaaas,
Woodey, Yates.

There are yeas 81; nays 46. St> the ameaded substi tute of Mr. Balloek was adopted in lieu of the second majority report of the Committee on Relief and the sub" stitute f Mr. Stanford.
On the questiom of adopting said report, as amended, the yeas aad nays were demanded.

250

JOUENAL OF THE GEORSIA

Those who voted in the affirmative, are Messrs,

Alexander,. Anderson, Ashburn, Bedford, . . Beaird, Bowden of Campbell, Bowden of Monroe, Blodgett, Blount, Bryant, Brown, Bracewell, Bradley, Biiehan, Bullock, Burnett, Campbell, Carson, Catching, Gasey, CaldwelT, Chatters, Claiborne,, Chambers,, Cooper, Cobb of Houston* Costin, Coaley, Crayton, Davis,
Gibsoii, Gilbert, Goodwin, Golden, Gnilford, Harris of Chatliam, Harris of Newton, Harrison of Hancock, Higden, Hotchkiss,

Hooks, Howe, Jackson, Joiner, Jones, Jordan, Lumpkin, Maull, McCay,
Minor, McWhorter, Moore of Columbia,, Murphy, Noble, Palmer, Pope,
Potts, Prince, EeynoldSj Rice, JRozar,
Eoberts, Robei-tson, Sikes, Seeley, Shermarr,, Smith of Charltorr9 Speer, Shnmate, Supple, Stone, Strickland, Tirawick, . Turner^
Walton,, Wallace^
Welch, WHtaker,, Whitehead of Burlez Whiteley, Wooten.

Those who voted in the negative, are Messrs.

Akerman,

Bell of Banks,

Angier, Baldwin, Bell of Ogletiiorpe,

Bowers, Bigby, Bryson,

CONSTITUTIONAL CONTENTION.

' 251

'

Christian of Early,

Cole,

Crane,

Crawford,

Cramleyy

Cotting,

Dunning,

Dunnegan,



fillington,

- Fields,

.

Flynn,

Harland,

Higbee,

. Hudson,

Hutcheson,

King,

Knox,

Lott,

Maddox, Marler, Mathews, Martin of Carroll, Martin of Calhoun, MoHan, Miller, Moore of White, Saffold, Shields, Smith of Thomas, Shropshire, Stanford, Stanley, Trammell, Williams, 'Woodey, Y-eates,

There are yeas 82; nays 45. So the report, as amended, was adopted, and is as 'follows, to-wit:
WHEKEAS, By the late disastrous war the people of Georgia have lost over four hundred million dollars of taxable property, also a vast depreciation of real estate, and the total loss of four years' labor, thereby throwing into hopeless confusion the equitable relations of debtor and creditor; and, whereas, all or nearly all the indebtedness was based either directly or indirectly upon the property thus destroyed or depreciated, while the amount of indebtedness is held undiminished. There fore,
We, the people of Georgia^ in Convention assembled, do solemnly Ordain^ That from and after the passage of this Ordinance^ no Court in this State shall have jurisdiction to hear or determine any suit, or render judgment in any case against any resident of this State, upon any contract or agreement made or entered into, or upon any contract or agreement made in renewal of a debt existing prior to the first day of June, 1865; nor shall any Court or ministerial officer of this State have jurisdiction or authority to enforce any such judgment, execution, or decree, rendered or issued upon any contract or agreement or renewal thereof, as aforesaid- Also, the accom panying Resolution:

252

JOURNAL OF THE GEORSIA

Resolved, That the Committee on the Judiciary be, and they are hereby instructed, to insert in that part of the Constitution which defines the powers of the Judiciary of this State, the following section:

SECTION --.'
No Court in this State shall have jurisdiction to hear or determine any suit, or render judgment in any case against any resident of this State, upon any contract or agreement, made or entered into, or upon any contract made in renewal of a debt, existing prior to the first day of Jane, 1865; nor shall any Court or ministerial officer of this State have jurisdiction or authority to enforce any judgment, execution,, or decree, rendered or issued upon any contract or agreement, or renewal thereof, prior to said first day of June, 1865, except in the following eases, in which the Courts and ministerial officers shall have jurisdiction and authority :
When the debt grows out of a trust for the benefit of miaors, and the trust property is in the bands of the trustee, or it has been invested by him IB other specific effects of vaJne, BOW in his feand, or has foeea fraudulently disposed of by the trustee,, who has valuable specific assets, arising from the disposition of the trust property, which he converts to his own use, or when* the debt is due from a third person to a trust estate^ or where the debt is against a corporation or corporatioBS in their corpo rate capacity; except, also, where the debt or contract is set up by way of defense to any matter of which the Court has jurisdiction, snd said debt is more than any debt dtte by the defendant to the plaintiff, of which the Courts are dieeied juris diction; except, also, where the debt is for real property sold, and not one4hirtl, or more, of the purchase money Isas beers paid, and the suit is in the name of the vendor, and the said property exists ia the hands of the debtor, who refused to deliver it back to the vendor, or where it has been fraudu lently ^disposed of by the debtor -to"avoM judgment; and all debts due to charitable institutions, iristitatioB a of learning, and mechanics and laborers. And IB all otherjeases where the Legislature shall hereafter, by a 'vote of a majority of the members thereof, confer jurisdiction on any'Court created by this Constitution, or by Legislative enactment.

CONSTITUTIONAL CONVENTION.

253

Provided, That jurisdiction over debts, for the purchase or

hire of slaves, or over debts, the credit of which was based on

slaves as property, shall not fee conferred on Courts in this

State.

',.

.SECTION

All contracts made and not executed during the late rebel lion, with the intention and for the purpose of aiding and encouraging said rebellion, or where it was the purpose and intention of one of the parties to such contract to aid or en courage such rebellion, and that fact was known to the other party, whether said contract was made by any person .or corporation with the State or Confederate States, or by a cor poration with a natural person, or between two or more natural persons, are hereby declared to have been and to be illegal; and all bonds, deeds, promissory notes-, bills, or other evidences of debt, made or executed by the parties to such contract, or either of them, in connection with such illegal contract, or as the consideration for, or in furtherance thereof, are hereby declared null and void, and shall be so held in all Courts in this State, when an attempt shall be made to enforce any such con tract, or give validity to any such obligation or evidence of debt. And in all cases when the defendant, or any one inter ested, in the event of the suit, will make a plea, supported by his-affidavit, that he has reason to believe that the obligation or evidence of indebtedness upon which the suit is predicated, or some part thereof has been given or used for the illegal purpose aforesaid, the burden of proof shall be upon the plaintiff to satisfy the Court and jury that the bond, deed, note, bill, or other evidences of indebtedness upon which said suit is brought, is or are not, nor is any part thereof founded upon, or in any way connected with any such illegal contract, and has not been used in aid of the rebellion, an :1 the date of such bond, deed, note, bill, or other evidences of indebtedness, shall not be evidence that it has or has not, since its date, been issued, transferred, or used in aid of the rebellion.

SECTION --.
It shall be in the power of a majority of the General Assem bly to assess and collect upon all debts, judgments, or causes of actions, when due, founded on any contract made or im-

254

JOURNAL OF THE GEORGIA

plied before the first of June, 1865, in the hands of any one in his own right, or as trustee, agent, or attorney of another, on or after the first of January, 1868, a tax of not exceeding twenty-five per cent, to be paid by the creditor on pain of the forfeiture of the debt, but chargeable by him, as to onehalf thereof against the debtor, and collectable with the debt: Provided, that this tax shall not be collected if the debt or cause of action be abandoned or settled without legal pro cess, or if in judgment, be settled without levy and sales; and, provided further, this tax shall not be levied so long as the Courts of this State shall not have jurisdiction of such debts or causes of action.
II. That this Ordinance be, and hereby is, adopted as part of the Constitution of this State, and the Judiciary Committee are instructed to alter the several sections of their report giving jurisdiction to the Courts so as to fail to give jurisdiction in the cases herein denied, and the Committee on Consolidation and Eevision distribute this Ordinance to its proper place in the Constitution.

Mr. Bullock moved a suspension of the Rule for the purpose of introducing the following Eesolution, to-wit:

Resolved, That the President of this Convention be, and he is hereby authorized to warrant the payment of such bills or accounts as may be approved by the Auditing Committee and not otherwise authorized by this Convention.

Upon the question of suspending the Rules the yeas and nays were demanded.

Those who voted in the affirmative, are Messrs.

Ashburn, Bedford, Beaird, Bell of Oglethorpe, Blodgett, Bryant, Bracewell, Bradley, Bullock, Campbell, Casey, Clift,

Chatters, Chambers, Cobb of Houston, Costin, Conley, Cotting, Davis, Dinkins, Goodwin, Golden, Guilford, Harris of Chatham,

CONSTITUTIONAL CONVENTION.

255

Harris of Newton,

Harrison of Hancock,

Hotchkiss,

Jackson,

Joiner,

Jones,



Lumpkin,

Maull,

Moore of Columbia, '

Murphy,

Noble, Pope, Prince,
Beynolds, Eozar,
Sikes, Stone, Wallace,
Wblteley.

Those who voted in the negative, are Messrs.

Akerman,

- Lott,

Alexander,

Marler,

'Angier,

Martin of Carroll,

Bell of Banks,

Martin of Calhoun,

Bigby,

McHan,

Bryson,

McCay,

Burnett,

.' Minor,

Carson,

' Miller,

Cameron,

Moore of White,

Christian of Newton,

Kobertson,

Christian of Early,

Saffold,

Cole,

Saulter,

Crawford,

Shields,

Dunning,

Smith of Thomas,

Dunnegan,

Speer,

Ellington,

Shropshire,

Fields,

Shumate,

Flynn,

Stanford,

Gilbert,

Trammell,

Harland,

..

Waddell,

Higbee,

Welch,

Higden,

Whitaker,

Hudson,

Whitehead of Burke,

Hutcheson,

Williams,

King,

Woodey,

Knox,

Yeates.

Lee,

There are yeas 48; nays 53. There being less than

two-thirds voting in the affirmative, the motion to suspend

the Rule did not prevail.

Mr. McOay moved to suspend the Eule for the purpose

of introducing a Resolution authorizing the Messenger to

furnish wood and lights for the use of the Convention.

The motion did not prevail.

256

JOURNAL OF ;THB GEORGIA

On motion of Mr. Bryant the report of the Committee on Executive Department was taken up, and made the special order for to-morrow.
The Convention, on motion, adjourned until 9J o'clock a. m., to-morrow.

Atlanta, Ga., Thursday, Feb. 6,1868.

The Convention met pursuant to adjournment.

Prayer by the Chaplain.

The Journal-was read, and Mr. Dunnegan moved a re

consideration of so much thereof as relates to the action

of the Convention on yesterday on the whole subject-

matter of relief.

Pending discussion of this motion, Mr. McCay rose to

a point of order, assuming that, when a question is itself

not debatable, the motion for its reconsideration is not

debatable.

The point of order was overruled by the Chair.

Mr. McCay moved to lay the motion to reconsider on

the table.

Upon this proposition the yeas and nays were 'de

manded.

Those who voted in the affirmative, are Messrs.

Alexander, Anderson, Ashburn, Bedford, Beaird, Bell of Oglethorpe, Bowden of Campbell, Bowden of Monroe, Blodgett, Blount, Brown, Braeewdl, Bradley, Bullock, Burnett, Carson, Catching,

Casey,

Caldwell,

Clift,

Christian of Newton,

Claiborne,

Chambers,

Cooper,

Cobb of Houston,

Cobb of Madison,

Costin,

Conley,

' Crayton,

Cotting,

Davis,

I>mkins,

fiibsera,

Gilbert,

;

CONSTITUTIONAI, CONTENTION.

257

Goodwin, Golden, Harris of Newton, Harrison of Hancock, Hotchkiss, Hooks, Howe, Jackson, Joiner,
Jones, Jordan, Knqx,
Lee, Linder, Lumpkin, Maull,
McCay, McWhorter, Moore of Columbia, Noble, . Palmer, Pope, Prince,
Beyholds,

Rozar, Roberts,
Eobertson, Saulter, Sikes,
Seeley, Sherman, Smith of Charlton, Spaer, Shropshire,
Shumate, Supple,
Stonej Strickland, Trawick, Turner, Walton, Wallace, Welch,
Whitaker, Whitehead of Burkej Whiteley, Williams. '

Those; who voted in the negatiye, : are Messrs.

Akerman, Angier, Baldwin, Bell of Banks, Bowers,
Bierby, Jr>ryant,
Bryson, Cameron,
Christian of Early, Cole, Crane,
Crawford, Orumley, Dunning,
Dunnegan, Ellington, Fields, Fort, Harland,
Higbee, Higden, Houston,

Hudson, Hutcheson, King, 3jott, Madden, Maddox, Martin of Carroll, Martin of Calhoun, McHan, Minor, Miller,
Moore of White, Murphy, Rice,
Saffold, Shields, Smith of Coweta, Smith. of Thomas,
Stanford, Stanley, Trammell,
Woodey.

258

JOURNAL OF THE GBOBGIA

There are yeas 81; nays 45. So the motion prevailed. Leave of absence was granted Mr. Dews, on account of sickness. The Rule was suspended, on motion of Mr. Speer, when lie offered the following Eesolution, to-wit:
Resolved, That the employment of three Pages be, and the same is hereby authorized, from the first day of the session of this Convention, and that said Pages be allowed one dollar per day, each, for their services; and that the Auditing Committee be authorized to issue their warrants to each of said Pages for the respective amounts due them to date, which accounts shall be countersigned by the President and attested by the Sec retary.
Mr. Turner moved to amend by striking out " one dollar " and inserting " two dollars."
The motion did not prevail. Mr. "Whiteley offered the following amendment, which was adopted, to-wit :
And that the Messenger be authorized to purchase fuel and lights for the use of this Hall.
On motion of Mr. Bryant, the same was further amended as follows, to-wit:
And that the sum .of three dollars per day be allowed to an Assistant Messenger and Assistant Doorkeeper, each, dating from the commencement of the session, and payable under the provisions of this Resolution in relation to Pages.
The same, as amended, was adopted. A memorial from certain citizens of the county of Cobb was laid before the Convention, and, on motion, referred to the Committee on Finance. The report of the Committee on Executive Depart. meat being the special order of this day, was taken up for consideration, Mr. Trammell in the Chair. Mr. Parrott offered as a substitute for the said report the Constitution of the State of G-eorgia, framed by the Convention of the year 1865, with certain amendments.

CONSTITUTIONAL CONVENTION.

259

Mr. Ashburn rose to a point of order, submitting whether a substitute for the entire Constitution to be framed by the Convention could be ofl'ered, while only a part of that Constitution is under consideration.
The President pro. tern, decided that the substitute was in order, because it was germain to the question under consideration.

From this decision Mr. Ashburn appealed, and on the question of sustaining the decision the yeas and nays were demanded.

Those who voted in the affirmative, are Messrs.

Akerman, Angler, Bell of Banks, Bowden of Monroe, Bigby, Blonnt, Brown, Bracevrell, Bryson, Burnett, Carson, Cameron, Campbell, Christian of Early, Chambers, Cooper, Cole, Crane, Crawford, Crumley, Dunning, Dunnegan,
Ellington, Fields, Flynn, Fort, Harland, Higbee, Higden, Hotchkiss, Houston, Howe, Hudson,

Hutcheson,
Jones, Jordan, King, Knight, Knox, Lee, Lott, Maddox, Marler,
Mathews, Martin of Carroll, Martin of Calhoua, McHan, McCay,
Miller, Moore of White, Eobertson,
Saffold, Sanlter, Shields, Smith of Coweta, Smith of Thomas, Speer, Shropshire, Shumate, Stanford, Trawiok, Turner, Waddell,
Welch,
Woodey.

260

JOURNAL OP THE GEORGIA

Those who voted in the negative, are Messrs.

Alexander, Anderson, Ashburn,
Bedford, Beaird, Bell of Oglethorpe, Bowers, Blodgett, Errant,
Bradley, Bullock,
Catching, Casey, Clift, Christian of Newton, Claiborne,
Cobb of Houston, Costin,
Conley, Crayton, Cotting, Davi?, Dinkins,
Gilbert, Good win, Golden, GuifcEord, Harris of Newton, Harrison of Hancock,

Jackson, Joiner,
Linder, Ltimpkin, Madden, Maull, Minor, McWhorter, Moore of Columbia, Murphy,
Noble, Palmer,
Pope, Potts, Prince,
Reynolds, Rozar, Sikes,
Seeley, Sherman, Supple, Stone, Walton, Wallace, Whitaker, Whitehead of Burke, Whiteley, Wooten.

There are yeas 65; nays 57. So the decision of the

Chair was sustained.

Mr. Bryant moved to lay the proposed substitute of Mr.

Parrott on the table.

The Chair being called on to state the effect of laying

the substitute on the table, decided that this action would

carry, also, the main proposition.

From this decision Mr. Conley took an appeal.

Mr. Akerman rose to a point of order, assuming that

the answer of the Chair to an inquiry was not such de

cision as would admit of an appeal.

At this juncture the appeal of Mr. Conley was with

drawn, and the point of order taken by Mr. Akerman was

left undecided.

CONSTITUTIONAL CONVENTION.

261

Mr. Bryant. withdrew for the present his motion to lay the substitute on the table.
This motion was renewed by Mr. Whiteley, and the yeas and nays'were required to be recorded thereon.

Those who voted in the affirmative, are Messrs.

Akernian, Alexander, Anderson, Ashburn, Bedford, Beaird,
Baldwin, Bell of Oglethorpe, Bow-den of Campbell, Bowers, Blodgett, Bryant,
Brown, Bracewell, Bradley, Bullock,
Rurnett, Carson,
Catching, Casey, Caldwell,
Clift, Christian of Newton, Claiborne, Chambers, Cooper,
Cobb of Houston, Costin, Conley,
Crayton, Crumley,
Getting, Davis,
Dinkins, Dunning, Ellington,
Gilbert,
Goodwin, Golden,
Guilford,
Harland,

Harris of Newton, Harrison of Hancock, Higbee, Hotchkiss, Howe, Jackson, Joiner, Jones, Jordan, Knox,
Linder, Lumpkih, Maull, McHan,
McCay, Minor, Moore of Columbia, Murphy, Noble, Palmer,
Pope, Prince,
Reynolds, Rice, Bozar,
Saffold, Sikes,
Seeley, Sherman,
Speer, Shumate,
Supple, Stone, Turner, Waiton, Wallace,
Welch, Whitaker, Whitehead of Burie, Whiteley, Williams.

18

262

JOURNAL OF THE GEORGIA

Those who voted in the negative, are Messrs.

Angler, Bell of Banks, Bigby, Blount, Bryson, Cameronj Christian of Early, Cole, Crane, Grawford, Dunnegan, Fields, Flynn, Fort, Higden, Houston, Hudson, Hutcheson, King,

Lee, Lott,
Maddox, Mathews, Martin of Carroll, Martin of Calhoun, Miller,
Moore of White, Robertson, Saulter, Shields, Smith of Coweta, Smith of Thomas, Shropshire, Stanford, Trammell,
Waddell, Woodey.

There are yeas 82; nays 37. So the motion to lay on

the table prevailed.

Mr. Harris moved the adoption of the report of the

Committee.

Upon this motion Mr. Conley called for the previous

question, which was not sustained.

Mr. Blodgett offered the following as an amendment

to the eighth section, to be made the commencement

thereof, to-wit:

There shall be a Lieutenant-Governor elected at the same

time and for the same period as the Governor, who shall pre

side over the.deliberations of the State Senate; and, in case of

the death, resignation, or disability of the Governor, shall exer

cise the Executive power of the Government until the removal

of the disability, or the election and qualification of a Governor.

The qualifications of the Lieutenant-Governor shall be the same

as those of the Governor. His emolument shall be, while pre

siding over the Senate, double the per diem of a Senator,

Mr. Blodgett proposed to amend further by striking out

the words " President of the Senate " wherever they occur

in the report of the Committee, and inserting in lieu

thereof "Lieutenant-Governor."

CONSTITUTIONAL CONVENTION.

263

Mr. Bradley proposed to amend the first section by adding after the word " Governor," in the first line, the words "and Lieutenant-Governor;" by striking out the word "other," in the fourth line, and the words "or either of them," in the fifth line.
Pending discussion of the foregoing amendments, the death of the Hon. C. C. Richardson was announced.
The discussion immediately ceased, the Rule was sus pended, and the following Resolution, offered by Mr. Bedford, was unanimously adopted:
Information having been received in this Convention of the death of the Hon. C. C. Richardson, delegate from the Twentieth District. Be it
Resolved, That a Committee be appointed by the Chair to prepare a suitable memorial in honor of the deceased, and report the same to this Convention on to-morrow morning.
The President appointed Messrs. Bedford, Bryant, Seeley, "Whiteley, and Bullock as the Committee under the foregoing Resolution.
The following Resolution, offered by Mr. Wallace, was unanimously adopted:
Resolved, That, as a mark of respect for the memory of the Hon. C. C. Richardson, deceased, this Convention do now adjourn.

Atlanta, G-a., Friday, February 7,1868. The Convention met pursuant to adjournment. Prayer by the Rev. Mr. Bowers. The Journal was read and the unfinished business of yesterday resumed, to-wit: the report of the Committee on Executive Department, and the amendments offered thereto on yesterday by Messrs. Blodgett and Bradley. Upon the question of adopting the amendment of Mr. Blodgett the previous question was called for and sus tained.

264

JOURNAL OF THE GEORGIA

The main question was put, to-wit: the amendment of Mr. Blodgett, which was not adopted.

The amendment of Mr. Bradley was also lost.

Upon a motion to further amend, Mr. Trammell rose to a point of order, assuming that as the Convention had decided to take up the report as a whole, and as the pre

vious question had been called and sustained thereon, no

further amendments could be offered. The point of order was sustained by the Chair.

Mr. Bryant appealed from the decision of the Chair.

The decision was sustained. Upon the question of adopting the report of the Com

mittee the yeas and nays were demanded. Those who voted in the affirmative, are Messrs.

Akerman, Angler, Belief Banks, Bowden of Monroe, Bowers,
Bigby, Blount, Brown,
Bracewell, Bryson, Buchan, Burnett, Carson, Cameron,
Christian of Newton, Christian of Early, Claiborne, Chambers, Cooper, Cobb of Madison, Cole, Conley, Crane, Crawford,
Davis, Dunning,
Dunnegan, Ellington,
Foster of Paulding,

Harland, Higden, Hotchkiss,
Houston, Holcorn.be,
Howe, Hudson, Hutcheson,
Key, Knox, Lee, Lott, Maddox, Martin of Carroll, Martin of Habersham, McHan,
McCay, Miller, Moore of White, Potts,
Rice, Roberts, Robertson, Saffold,
Saulter, Smith of Charlton, Smith of Coweta, Smith of Thomas, Speer,

CONSTITUTIONAL CONVENTION.

265

Shropshire, Sbumate, Stanford, Trammell, Trawick,

Waddell, Welch, Whiteley, Woodey.

Those who voted in the negative, are Messrs.

Alexander, Ande'rson, Ashburn, Bedford, Beaird, Bell of Oglethorpe, Bowden of Campbell, Bryant, Bradley, Campbell, Catching,
Casey, Caldwell, Clift,
Chatters, Cobb of Houston, Costin, Crayton, Cramley, Dinkins, Gilbert, Golden, Guilford, Harris of Chatham, Harrison of Hancock, Higbee, Jackson, Joiner,

Jones, Linder, Lumpkin,
Madden, Maull,
Minor, Moore of Columbia, Murphy, NToble, Palmer, Prince,
Reynolds, Rozar,
Sikes, Shields, Seeley, Sherman, Supple, Stone, Strickland, Turner, Walton, Wallace, Whitaker, Whitehead of Burke, Williams, Wooten.

There are yeas 67; nays 55. So the report was adopted,

and reads as recorded in the Journal of the 9th day of

January.

Mr. "Whiteley moved a suspension of the Rules for the

purpose of taking up the report of the Committee on

Legislative Department.

The motion to suspend the Rule prevailed.

Mr. Bryant proposed to amend the motion of Mr.

Whiteley by substituting the report of the Committee on

Franchise.

266

JOURNAL OF THE GEORGIA

The amendment was received, and -the report of the Committee on Franchise was taken up by sections.
The first section was adopted without amendment. Mr. Blount moved to amend the second section by striking out "six months" and inserting in lieu thereof "twelve months." The same was not received. Mr. Murphy moved to strike out from said section the words "three months" and insert in lieu thereof the words "thirty days." The same was adopted. Mr. Akerman moved to amend the second section by adding after the word "vote," in the fourth line, the fol lowing :
And shall have paid all taxes which may have been required of him, and which he may have had an opportunity of paying, agreeably to law, for the year next preceding the election.
Also, proposed to amend said section by adding at its close the following:
Provided, That the General Assembly shall have power to require an education qualification of voters, who may arrive at the age of twenty-one years after the first day of January, 18T3.
Pending discussion on the foiegoing amendments of Mr. Akerman, Mr. Bedford rose to a question of privilege relative to the death of the Hon. C. C. Richardson, dele gate from the Twentieth District.
On motion of Mr. Blount the Rule was suspended for the introduction of the following Resolutions by Mr. Bedford as Chairman of the Special Committee appointed to prepare a suitable memorial in honor of the deceased, to-wit :
WHEKEAS, It has pleased Divine Providence to take from our midst, in the vigor of manhood and in the full enjoyment of the blessings of health and prosperity, as well as in the due

CONSTITUTIONAL CONVENTION.

267

performance of his duties as a delegate from the Twentieth Senatorial District of-Georgia in the Constitutional Convention of the same, the Hon. C. C. Richardson, formerly of Dixfield, in the State of Maine; and,
Whereas, The said delegate has passed from oar midst by a most unfortunate occurrence, after having for years braved death in behalf of his flag and country, and having exemplified by his acts as a soldier his devotion to the Constitution and the Union; and,
Whereas, The deceased, true to his first principles, and ardent in his desire to restore the Union, has, as a co-laborer in the work of Reconstruction, zealously represented his Dis trict, and has fallen in the midst of his official .labors.
Resolved, That this Convention recognize in the person of the deceased a zealous and steadfast friend, an open and manly opponent, and an earnest co-laborer in the work'of restoration.'
Resolved, That this Convention tender their sympathies to the relatives and friends of the deceased.
Resolved, That the Convention do wear the usual badge of mourning for a period of thirty days.
Resolved, That a copy of the above be forwarded to the immediate relatives of the deceased.
The same was unanimously adopted. The following Resolution, offered by Mr. Bedford, was taken up,- and also unanimously adopted:
Be it Resolved, That the Committee on Printing be instructed to have five hundred copies of the Memorial, Resolutions, and remarks made by delegates printed for the use of the Conven tion, and that the Secretary be instructed to forward to the mother and sisters of the deceased a copy of the same.
On motion of Mr. WMteley the Convention adjourned until to-morrow morning 9J o'clock.

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Atlanta, Go,., Saturday, February 8,1868.

The Convention met pursuant to adjournment. Prayer by the Chaplain, The Journal was read. Mr. Conley moved a reconsideration of so much of the Journal of yesterday as relates to the adoption of the report of the Committee on Executive Department. Upon this proposition the previous question was called for and seconded, and the yeas and nays were demanded.

Those who voted in the affirmative, are Messrs.

Adkins, Alexander,
Anderson, Ashburn,
Beaird, Bell of Oglethorpe, Bowers, Bryant, Bradley, Campbell, Carson,
Catching, Gasey, Clift, Chatters, Chambers,
Cobb of Houston, Costin,
Conley, Crumley,
Davif, Dinkins, Dunning,
Gilbert, Goodwin, Golden, GuiHord,
Harrison of Hancock, Higbee, Hotchkiss, Jackson, Joiner,

Jones, Knox, Linder, Lumpkin, Madden, Maull, Minor, McWhorter, Moore of Columbia, Murphy, Noble, Palmer, Pope, Potts, Prince, Reynolds, Rice, Rozar, Sikes,
Seeley, Sherman, Smith of Gharlton, .Shumate,
Supple, Stone, Walton, Wallace, Welch,
Whitaker, "Whitehead of Burke, Whiteley, Williams.

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269

Those who 'voted in the negative, are Messrs.

Akerman, Angier,
Bell of Bants, Bowden of Monroe, JBlount, Brace well, Bryson, Burnett,
Cameron, Claiborne, Cooper,
Cobb of Madison, Crane,
Crawford, Dunnegan, Ellington, Flynn,
Poster of Paulding, Harland, Higden, Houston, Holcombe, Howe, Hudson,
There are yeas 64; nays 48.

Hutcheson, Jordan, Key, Lee, Lott, Maddox, Martin of Carroll, Martin of Habersham, McCay, Miller, Moore of White, Saffold, Saulter, Shields, Smith of Thomas, Speer, Shropshire, Stanford, Stanley, Trammell, Trawick, Waddell, Woodey, Wooten.
So the motion to recon-

aider prevailed.

On motion of Mr. Akerman, leave of absence was

granted Mr. Bigby, on account of important business of

an official character.

The reconsidered report of the Committee on Execu

tive Department was, on motion of Mr. Conley, taken up,

and amended by striking out "ten" and inserting in lieu

thereof "six," wherever it occurs in section third and

second line.

The report, as amended, was adopted, and referred to

the Committee on Revision.

Mr. Shropshire, from the Finance Committee, made the

following report, to-wit:

Section 1. Be it Ordained by the people of Georgia, in Con vention assembled, That an Ordinance of this Convention, passed on the 20th day of December, in the year 1867, entitled

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" An Ordinance to levy and collect a tax to pay the delegates and officers connected with the Convention, as well as all other incidental expenses," except the second section thereof, is hereby rescinded, and the following is ordained in lieu thereof, to-wit:
That it shall be the duty of the Comptroller General of the State of Georgia to levy and assess a tax of one-tenth of one per cent, on all the taxable property of this State, as returned upon the digests for the year 1867, for the purpose of defraying the expenses of this Convention, and the compensation of officers and members thereof; and it shall be the duty of the Tax Col lectors in the several counties of this State to collect the tax so assessed, and to pay the same to the Comptroller-General on or before the first day of May, 1868. And it shall be the duty of the several Tax Collectors to issue executions against all per sons subject to taxation under this Ordinance whose tax is unpaid, after twenty days' notice to pay it, for the amount of tax due by them, and fifty per centum thereon and all costs; and of Sheriffs and Constables to levy and sell under such exe cutions, and to return the proceeds to the Tax Collectors as soon as the same can be done under the provisions of existing laws.
Sec. 2. Be it further Ordained, That any scrip which may be issued by the authority of this Convention for the purpose aforesaid, shall be receivable by the Comptroller General from the Tax Collectors in payment of the tax aforesaid.
Sec. 3. Be it further Ordained, That the Tax Collectors shall receive the same per cent, for collecting the tax aforesaid as they are now allowed by law for collecting the State tax.
Sec. 4. Be it further Ordained, That the ComptrollerGeneral shall issue to the Tax Collectors all necessary orders for the collection and payment of the tax aforesaid; which orders shall be binding upon said Tax Collectors.
Sec. 5. Be it further Ordained, That the moneys and scrip received by the Comptroller-General under this Ordinance be paid by him into the Treasury of this State, to be disposed .of as this Convention shall hereafter direct.
Also, the following, to-wit :
Resolutions in relation to an Ordinance providing means of defraying the expenses of this Convention, etc.

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271

l^ JResolved-, That the General commanding the Third Mili tary District be requested to enforce an Ordinance of this Convention, passed this day, entitled "An Ordinance to pro vide the means of defraying the expenses of this Convention, and the compensation of officers and members."
2. Resolved, That copies of said Ordinance and of these Resolutions be transmitted by the President to Major-General Meade, to the Provisional Governor, and Comptroller-General of the State.
On motion of Mr. Shropshire, the Rule was suspended, and the foregoing report taken up.
Mr. Whiteley moved to lay the same on the table until Monday next.
The motion did not prevail. The President stated that, as this report proposed to rescind an Ordinance passed by this Convention, it would require a vote of two-thirds for its adoption. The question of its adoption being submitted, a division was called for. There were 98 yeas and 13 nays. Being a vote of two-thirds in the affirmative, the report was adopted, to-wit: the Ordinance and Resolutions relating thereto, as reported. Mr. Burnett, Chairman of the Committee appointed to investigate certain charges in relation to A. A. Bradley, made the following report, to-wit:
Your Committee appointed on the 22d January last, to inves. tigate the truth or falsity of a charge made against Aaron Alpeoria Bradley, a member of this Convention, to the effect that he had at one time been convicted in a New York Court of a grave offence, and sentenced therefor to two years' impris onment in a Penitentiary, beg leave to report: That they have in their possession a duly certified copy of the record of the City Court of Brooklyn, N. Y., showing that on the 13th day of June, 1851, Aaron Bradley, born near Augusta, Georgia, was convicted of seduction, and thereupon sentenced to two years' imprisonment in the State's Prison.

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Your Committee have also in their possession a published copy of a regularly certified copy of the records of the Superior Court of the County of Suffolk, holden in the City of Boston and Commonwealth of Massachusetts, shoving that Aaron A. Bradley was; on the 4th day of October, 1856, gtricken from the roll of attorneys, and removed from practice in any Court in Massachusetts, for contempt of Court and mal practice ; the original of which copy is subject to the order of the Chairman of your Committee.
Tour Committee would also beg leave to state that the said Bradley was invited to come before them, and any reasonable defense he might offer would be fairly entertained ; but he de clined so to do.
In view of the evidence hereto attached, your Committee think there is nothing that can justify this body in retaining, as a member to this Convention, the said Bradley. They there fore recommend the immediate adoption of the following Besolution:
JResolved, That in view of the evidence against A. A. Bradley, a member of this Convention, of criminal conduct, said Bradley be, and he is hereby expelled from the Hall of this Convention.

The following evidence was submitted with the fore going report:

The People of the State of New York, by the grace of God, Free and Independent.
To all whom these presents may come-- Greeting : Know ye, that we, having inspected the files and records of
our City Court at the City of Brooklyn, in the County of Kings, do find a certain record remaining there, on file of record, in the words and figures following, to-wit:

THE PEOPLE, etc, } AA. EON ^B'EADLEY. )C

THTJBSDAY, 12th June, 1851. H. A. MOOBE, } Indictmentj

AALI/EIST.

C)

Seduction.

:On motion of the District Attorney, ordered that he have leave to proceed to trial.
People's Witnesses.--Cecilia Holley, Elizabeth Clark, James T. Holley, Eliza Jackson, Maria Holmes.

f

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273

Juxors /Swofw.-rJames Bennett, Francis Quevedo, Leonard Cooper, Robert Craig-, Sam'1 B. Tuthill, Barzilla Russell, Wm. Brown, Jarvis Wood, Platt W. Jarvis, John French, Ira Smith, Simon Driscoll.
Proclamation made, and Court adjourned to Friday, 13th.

Friday, June 13th, 1851, Court met pursuant to adjourn ment.
Present as above.

Proclamation made, and Court opened.

SAME vs.
SAME.

1 > Cause continued. )

Defendant's Witnesses.--John S. Kenney, Horace Redfield, J". J. Simons, H. H. Moore.

The Jury retired in charge of a sworn officer. On returning into Court, they say they find the defendant guilty.

Aaron Bradley having been convicted of seduction, was sen tenced to imprisonment in the State's Prison, at Mount Pleasant, for a term of two years.

Being examined under oath, says he was born near Augusta, in Georgia; declines answering to his age; is a shoemaker by trade; practices law, and was never in any State Prison before.

All of which we have caused, by these presents, to be exem plified, and' the seal of said Court for said City to be hereunto

[SEAL.] The City Court of Brooklyn.
Witness Hon. GBOEGE THOMPSON, Judge of the City Court of Brooklyn, this 29th day of January, 1368, and in the ninetysecond year of the independence of the United States.
JOSEPH T. SACKETT, Clerk City Court of Brooklyn.
I, George Thompson, Judge of the City Court of Brooklyn, do hereby certify that Joseph T. Sackett, whose name is sub scribed to the preceding exemplification, is the Clerk of the said City Court of Brooklyn, and that full faith and credit is due to his official acts.
I further certify that the seal affixed to said exemplification is the proper seal of said Court for said City, and that the

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attestation thereof is in due form of law, and by the proper officer.
Witness my hand, at the City of Brooklyn, this 29th day of January, in the year 1868.
GEOEGE THOMPSON,
Sole Judge of the City Court of Brooklyn.
I, the undersigned, Clerk of the City Court of Brooklyn, do certify that George Thompson, whose name is subscribed to the foregoing certificate, is the sole and only Judge of said City Court of Brooklyn, and is duly commissioned and qualified as such.
[SEAL.] The City Court of Brooklyn.
In witness whereof I have subscribed my name and affixed the seal of said Court, this 29th day of January, 1868.
JOSEPH T. SACKETT, Clerk City Court of Brooklyn.

Mr. Blount moved a suspension of the Rule for the purpose of taking up the foregoing report.
Pending this motion, the following report of a majority of said Committee was offered by Mr. McCay :
The undersigned, members of the Committee to investigate and report upon the charges which have been made against Mr. A. A. Bradley, one of the delegates from the First District, report, that they have examined the evidences they have been able to obtain, with the following result: It appears by a cer tified copy of the record in the case, that on the 13th day of June, 1851, Aaron Bradley was convicted, before the City Court of the City of Brooklyn, 1ST. Y., of the crime of seduc tion, and sentenced to two years' imprisonment in the State's Prison.
It further appears, from what seems to us tolerably satisfac tory testimony, to-wit: a published copy of what purports to be a certified copy of a record, of the Superior Court of Suf folk, of the State of Massachusetts, that, on the 4th day of October, 1856, A. Bradley, or A. A. Bradley, was dismissed or stricken from the Bar for malpractice in the duties of an Attorney.

' CONSTITUTIONAL CONVENTION.

275

Your Committee are satisfied from these papers, to which Mr. Bradley's attention has been called, and which he has not even attempted to deny, in any positive way, that he is the identical person alluded to.
We are not prepared to say what should be the action of the Convention in this matter. It can not be denied that these are very grave charges against the person implicated, but we are not sure that any remedy is in the power of the Convention. There is no law fixing any qualifications for membership in this body except the Act of Congress of 2d March, 1867. That Act makes but one qualification, conformity to the third section of the proposed Constitutional Amendment, Article XIV. It is true, that Act prescribes conviction for felony at common law as a disqualification of a voter. Seduction is not felony at common law, nor is simple seduction felony by the laws of Georgia at all. It appears to us that this Convention would-.be adopting a dangerous rule to prescribe guilt of any offence or disqualification for a seat.
A Convention is in its nature a body which meets above all rules, except those prescribed in its call. Perhaps half of the members of this Convention, as well as that of 1865, are held by the United States to have been guilty of treason. It is true that they have been pardoned, but we greatly doubt if the pardon is at all necessary to make them eligible. This Conven'tion has, without doubt, power to expel a member guilty of a serious crime whilst a member; but we are not clear that it can, within the scope or its powers, examine into the past his tory of one of its members, and finding it grossly immoral or criminal, to go behind the vote of the people and expel him.
We therefore report the facts, and ask to be discharged. H. K. McCAY, J. E. BRYANT, S. W. BEAIRD, JOHN T. COSTIN", E. H. WHITELEY.
The motion of Mr. Blount for the suspension of the
Eule prevailed.
The reports of the Committee were taken up.
Mr. Blount moved the adoption of the report offered by
the Chairman of the Committee, Mr. Burnett, designated
in the motion as the minority report.

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JOURNAL OF THE GEORGIA

Mr. Adkins moved to lay the same on the table.

The motion did not prevail.

Mr. Hotchkiss moved the reference of the whole subject-

matter to General Meade.

This motion was withdrawn by consent of the Con

vention.

Mr. Bradley asked leave to file his denial of the charges

preferred.

The permission was granted, and his denial filed is as

follows: HALL OF THB GEORGIA CONSTITUTIONAL CONVENTION, ) February 8th, 1868. f

In the matter of } Charged with imprisonment for Seduction,

A. . AA . TB>EADLEY. )I

under the laws of New York.

The delegate charged, occupying a seat in this Convention by order of Major-General Pope, comes and denies the charges set forth in the report of the Committee, and also denies the truth of any supposed legal evidence upon which the same was founded; and prays that he be heard in his defense personally, and by the members of this Convention, and that said exami nation be conducted under the Resolution presented by Mr. George P. Burnett and adopted by the Convention.
A. A. BRADLEY. Mr. Trammell moved that Mr. Bradley be allowed to

remain in the Hall until he should conclude his defense.

Mr. Bryant offered to amend the motion of Mr. Tram

mell, so as to allow Mr. Bradley to remain until the vote

is about to be taken.

The motion of Mr. Trammell, as amended, prevailed.

The question recurring upon the motion of Mr. Blount

for the adoption of the minority report, Mr. Hotchkiss

called for the previous question, which was not sustained.

Mr. Bryant moved that the whole subject-matter under

consideration be laid on the table, made the special order

for Tuesday next, and that five hundred copies of the

reports and evidence be" printed for the use of the Con

vention.



CONSTITUTIONAL CONVENTION.

277

By consent, his- proposition to print was withdrawn; and upon the question of laying upon the table, and making the subject-matter under consideration the special order for Tuesday next, the yeas and-nays were required to be recorded.

Those who voted in the affirmative, are Messrs.

Adkins, Alexander, Anderson, Ashburn, Beaird, Baldwin,
Bell of Oglethorpe, Bowers, Bryant,
Braeewell, Campbell, Carson,
Catching, Casey, Clift,
Chatters, Claiborne, Chambers,
Cobb of Houston, Costin, Conley, Crayton, Davis, Dinkins, Dunnegan, Golden, Guilford, Harris of Chatham, Harrison of Hancock, Hopkins,
Jackson,

Joiner, " Jones,
Linder,
Lumpkin, Madden, Maull,
McCay, Minor, Moore of Columbia, Murphy, Noble, Palmer,
Pope, Prince, Keynolds, Rice, Eozar, Sikes,
Seeley, Sherman, Supple, Stone, Turner, Walton, Wallace, Welch, "Whitaker, Whitehead of Burke, Whiteley, Wooten.

Those who voted in the negative, are Messrs.

Akerman, Angier, Bell of Banks,
Bowden of Monroe, Blount, Bryson,
19

Burnett, Cameron,
Christian of Early,
Cooper, Cole, Crane,

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JOURNAL OF THE GEORGIA

Crawford, Cramley, Dunning, Ellington, Flynn, Foster of Paulding, Gilbert, Harland, Higbee, Higden, Hotchkiss, Houston, Holoombe, Howe, Hudson, Hutcheson, Jordan, Key, Knox, Lee, Lott, Maddox,
There are yeas 61; nays 56.
Bryant prevailed.

Martin of CarroII, Martin of Habersham, Miller, MeWhorter, Moore of White, Potts, Eoberts, Saffold, Saulter, Shields, Smith of Charlton, Smith 6f Coweta, Smith of Thomas, Speer, Shropshire, Shumate, Stanford, Stanley, Trammell, Trawick, WaddeU, Woodey.
So the'motion of Mr.

Mr. Higbee, from the Committee on Enrollment, made the following report:

Mr. President:
The Committee on Enrollment report that the following Resolutions have been duly enrolled, and are ready for the sig nature of the President and the attestation of the Secretary, to-wit:
A Resolution approving the plan reported by the Committee on Finance.
A Resolution adding C. H. Hopkins, ; H. V. M. Miller, and Benj. Conley to the Committee on Finance.
A Resolution fixing the hours of meeting and adjournment. Report of the Special Committee on Disbursement. A Resolution to add three members to the Committee on Printing.
W. A. FORT,, Chairman.

The unfinished business of yesterday was resumed, towit: the report of the Committee on Franchise, the

CONSTITUTIONAL CONVENTION.

279

second section thereof being first in order, with two amendments reported on the Journal of yesterday as having been proposed by Mr. Akerman.
The vote was taken first on the first of said amend ments, and the same was adopted, to-wit: Insert after the word "vote," in the fourth line of the second section, the following:
And shall have paid all taxes which maj have been required of him, and which-he may have had an opportunity of paying, agreeably to law, for the year next preceding the election.
Mr. Turner offered the following as a substitute for the second amendment of Mr. Akerman, to-wit:
That the Governor shall issue a proclamation, so soon as the Common School System shall have become in full operation, declaring that fact, and no person who becomes twenty-one years of age five years after the date of said proclamation shall vote, unless he possesses such educational qualifications as the Legislature may prescribe.
Mr. McCay moved to amend the amendment of Mr. Akerman by providing that the only educational qualifica tion which the Legislature may prescribe shall be the ability to read intelligently the English language.
This amendment was accepted by Mr. Akerman, who revised his amendment to embrace that of Mr. McCay, and to read as follows, to-wit :
Provided, That the General Assembly shall have power to require ability to read the English language intelligently, as a qualification of voters, who shall arrive at the age of twentyone years after the first day of January, 1873.
Mr. Stanford offered the following as a substitute for the second section, as amended, and the pending amend ments thereto, to-wit:
Every male person born in'the United States, and every male person who has been naturalized, or who has legally declared, his intention to become a citizen of the United States, twenty-one years old or upwards, who shall have resided in

280

JOURNAL OS THE GEORGIA

this State twelve months next preceding the election, and shall have resided six months in the County in which he offers to vote, shall be deemed an elector.
Provided, That no soldier, or sailor, or marine, in the military or naval service of the United States, shall acquire a residence by reason of being stationed on duty in this State; Provided, That all persons who have heretofore been citizens shall be deemed electors, and all persons who have been made citizens by the Reconstruction Acts of Congress, shall be deemed electors after the year 18T5; Provided, That they can read and write, and understand the moral obligation of an oath, and shall own and possess, in his or their own right, two hundred and fifty dollars' worth of real estate, and shall have paid all legal taxes for the year preceding the election required by the laws of this State.
Mr. Ashburn offered the following as an amendment to the foregoing substitute of Mr. Stanford, to-wit:
Except those who willingly and voluntarily engaged in making war against the Government of the United States, who shall not be allowed to vote until the year 18*75, when the Legislature may extend to them, by a vote of two-thirds, the elective franchise.
Mr. Bryant moved that debate cease on the second sec tion of the report.
The motion did not prevail.
After further discussion, Mr. Costin renewed the mo tion that debate cease on said section.
The motion prevailed. Mr. Ashburn, by consent of the Convention, withdrew his amendment to the substitute of Mr. Stanford.
The vote was taken on said substitute, and the same was not adopted.
The substitute of Mr. Turner for the amendment of Mr. Akerman was lost.
The question recurring on the amendment of Mr. Akerman, the yeas and nays were demanded thereon.

CONSTITUTIONAL CONVENTION.

281

Those who voted in the affirmative, are Messrs.

Akerman,
Angler, Bell of Banks, Bowden of Monroe, Bowers, Burnett,
Carson, Cameron,
Christian of Newton, Christian of Early, Cole, Conley, Crawford,
Davie, Dunning, Flynn, Foster of Paulding, Hotchkiss, Howe, Hudson,

Hutcheson,
Key, Knosr, Lee, Maddox, Martin of Habersnam, McCay, Potts,
' Bice, Saffold, Saulter, Smith of Charlton, Smith of Coweta, Smith of Thomas, Shumate, Stanford, Trammell, Ti-awick, Turner, Waddell.

Those who voted in the negative, are Messrs.

Adkkts,
Alexander, Anderson, Ashburn, Beaird,
Baldwin,
Bell of Oglethorpe, Bryant,
Bracewellj Bryson, Bradley,
Campbell, Catching, Casey, Clift,
Claiborne5 Chambers, Cobb of Houston, Costin, Crane, Crayton,
Crumley, Dinkins, Dunnegan,

Gilbert,
Goodwin, Golden, Guilford, Harrison of Hancock, Higbee,
Higden, Houston, . Hopkins, Jacks&ns Joiner,
Jones, Lind-er,
Lott, Lumpkin^ Madden,
Maull, Martin of Carroll, Minor, Moore of White, Moore of Columbia, Murphy, Noble, Palmer,
Pope,

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JOURNAL OF THE GEORGIA

Prince, Beynolds, Bozar, Sikes, Shields, Seeley, Sherman, Shropshire, Supple,

Stone, Strickland, Walton, Wallace, Welch, Whitaker, Whitehead of Burke, Whiteley, Woodey.

There are yeas 40; nays 68. So the amendment was

lost.

Mr. Bryant moved to amend the second section by in

serting after the word "inhabitant," in the fifth line, the

words "a citizen of the United States."

The same was adopted.

Mr. Bryant also proposed to amend by inserting after

the word "aforesaid," in the seventh line, the words

"except as hereinafter provided."

The same was also adopted.

Mr. Foster, of Paulding,, offered the following as a sub

stitute for the second section, as amended, to-wit:

Every elector of this State shall be a free white mate person, and shall have attained the age of twenty-one years, and who has paid all taxes which may have been required of him, and which he has had an opportunity of paying, agreeably to law, for the year preceding the election. He shall be a citizen of the United States, and shall have resided one year in this State, and six months in the County wherein he votes.
Provided, That no soldier, or sailor, or marine, in the mili tary or naval service of the United States, shall hereafter acquire a residence on duty in the State; and no person, who

is not qualified to vote, shall hold any office in this State.

Mr. McCay offered the following as an amendment to

section second, in the form of an addition thereto, to-wit:

No person who shall, if challenged, refuse to take the follow ing oath, shall vote at any election in this State :
" I do swear that I have not given r received, nor promised to give or receive, nor do I expect to give or receive, any money, treat, or other thing of value, by which my vote, or any vote, is affected, or expected to be affected at this election; nor

CONSTITUTIONAL CONVENTION.

283

have I given, or promised to give, any reward, or made any threat by which to prevent any person from voting at this election."
Mr. MeCay called for the previous question, which was
seconded. The main question was put, to-wit: the question, of
adopting his amendment. Tire same was adopted.
The question then recurred on the adoption of the sub
stitute of Mr. Foster, of Paulding. - The same was not adopted.
Section second was then adopted, on. motion, with amendments, and reads as follows, to-wit:
Every male .person born in the United States, and every mate person who has been naturalized, or who has legally declared his intention to become a citizen of the United States, twentyone years old or upward, who shall have resided in this State six months next preceding the election, and shall have resided thirty days in the County in which he offers to vote, and shall have paid all taxes which may have been required of him, and which he may have had an opportunity of paying, agreeably to law, for -the year next preceding the election, except as herein after provided, shall be deemed an elector; and every male inhabitant, a, citizen of the United States, of the age aforesaid, who may be a resident of the State at the time of the adoption of this Constitution, shall be deemed an elector, and shall have all the rights of electors as aforesaid, except as hereinafter pro vided. No person, who shall, if challenged, refuse to take the following oath, shall vote at any election in this State :
"I do swear that I have not given or received, nor promised to give or receive, nor do I expect to give or receive, any money, treat, or other thing of value, by which my vote, or any vote, is affected, or expected to be affected, at this election; nor have I given or promised any reward, or made any threat, by which to prevent any person from voting at this election."
Leave of absence was granted Messrs.. McCay and Turner until Wednesday next.
The Convention, on motion, adjourned until 9J o'clock
a. m., Monday.

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JOURNAL OF THE GEOKGIA

Atlanta, G-a., Monday, February 10, 1868. The Convention met pursuant to adjournment.
Prayer by the Rev. Mr. Harlan.
The Journal was read.
Mr. "Waddell gave notice that he should, at the proper
time, move the reconsideration of the action of the Con
vention in relation to the second section of the report of
the Committee on Franchise.
Leave of absence, on motion of Mr. Akerman, was
granted Mr. Shropshire, on account of illness of his
family.
The following communication from the Post Office De
partment was laid before the Convention, to-wit:
POST OFFICE DEPARTMENT, COXTEACT OFFICE, Washington, Feb. 5, 1868.
J~. R. Parrott, Esq., President Georgia Constitutional Con vention, Atlanta, G-a.:
SIB : A Resolution of the Georgia Convention recommending the reestablishment of the tri-weekly mail service between Gainesville and Anderson Court House, S. 0., by way of Homer, Carnesville and Hartwell, Ga., lias been received at this office,
In reply I have the honor to inform you that Homer, a very small village, is now supplied with mails on route No. 6032', Harmony to Homer; Carnesville is on route No. 6023, Elberton to Carnesville, and also on routes No. 6030, Danielsville to Carnesville, on 6031, Carnesville to Harmony Grove. Hartwell is supplied twice a week on route No. 6028, from Athens, Gra., to Anderson C. H., S. C.
This latter route ends at Anderson Court House, one of the proposed termini of the route recommended by the Conven tion, and runs via Hartwell to Athens, where it connects with a railroad, instead of turning northeast to Gainesville, away from all railroad connect: ons, as asked in the petition.
Such being the state of the case, the Department necessarily declines increasing the already heavy expense of the postal service in Georgia by opening any additional routes in the sec tion indicated. Very respectfully, etc.,.
GEORGE W. McLELLAN, Second Ass't. P. M. Gen.

CONSTITUTIONAL CONVENTION.

285

Mr. Martin, of Hahersham, moved a suspension of the Rule for the purpose of offering the following Resolution, to-wit:
Eesolved, That from and after the 20th day of February inst., the per diem compensation of the members of this Con vention shall be five dollars only.

Upon the question of suspending the Rules the yeas and nays were required to be recorded.

Those who voted in the affirmative, are Messrs.

Adkins,
Akerman, Anderson, Angler, Bell of Banks, Bowden of Monroe, Bowers, Blount, Bryant, Bryson, Buchan, Burnett,
Carson, Cameron,
Caidwell, Clift, Christian of Newton, Chatters, Claiborne, Cooper, Crane, Crawford,
Crayton, Crumley,
Dews, Dunning, Dunnegan, Ellington, Flynn, Fort,
Foster of Paulding, Gove, Harrison of Hancock, Higbee, Higden,

Houston,
Holcombe, Hooks, Hudson, Hutcheson, Joiner, Jones, Key,
Knox, Linder,
Lott, Madden,
Maddox, Maull, Martin of Habersham, Minor,
Miller, McWhorter, Moore of White,
Moore of Columbia,
Murphy, Potts, Prince,
Reynolds, Rozar,
Bobertson, Saulter, Shields,
Seeley, Sherman, Smith of Chaiiton, Smith of Coweta, Smith of Thomas, Speer, Shumate,

286

JOURNAL OF THE GEORGIA

Stewart, Stanford, Supple, Trainmell, Trawick, Wallace,

Waddell, Welch, Whitaker, Whitehead of Burke, Williams, Woodey.

Those who voted in the negative, are Messrs.

Alexander, Ashburn, Baldwin, Bell of Oglethorpe, Bradley, Campbell,
Casey, Christian of Early, Chambers,
Cobb of Houston, ' Cobb of Madison, Costin, Davis,
Dinkins, Gibson,

Gilbert, Golden, Griffin, Guilford, Hotchkiss, -Lumpkin, Martin of Garroll, Pope, Rice,
Sikes, Stone, Strickland, Whiteley, ' Wooten.

There are yeas 82; nays 29. There being a vote of

two-thirds in the affirmative, the motion to suspend the

Rule prevailed.

The. Resolution was taken up.

Mr. Trammell moved to amend the same by striking

out the words "be five dollars," and inserting in lieu

thereof the word "cease."

Mr. Davis proposed to amend by striking out the words

"20th February inst," and inserting "first of March."

Pending discussion on the proposed amendments, Mr.

"Whiteley moved that the Resolution and proposed amend

ments be laid on the table.

Upon this motion the yeas and nays were demanded.

Those who voted in the affirmative, are Messrs.

Alexander, Anderson, Ashburn, Beaird, Baldwin,

Bell of Oglethorpe, Bryant, Buchan, Campbell, Carson,

CONSTITUTIONAL CONVENTION.

287

Casey, Clift,
Chatters, Claiborne, Chambers, Cobb of Houston, Cobb of Madison, Costin, Crayton, Davis, Dinkins,
Gibson, Gilbert, Golden,
Griffin, Guilford, Harrison of Hancock, Higbee, Higden, Jackson,
Joiner, Jones, Linder, Lumpkin,
Madden, Maddox, Maull, Martin of Carroll,

Moore of Columbia, Murphy, Noble, Palmer,
Pope, Potts, Prince,, Reynolds, Rice, Rozar;
Roberts, Sifces,
Seeley, Sherman,
Shuruate, Stewart, Supple, Stanley,
Stone, Strickland, Walton, Wallace,
Welch, Whitaker, Whitehead of Burke, Whiteley, Williams, Wooten.

Those who voted in the negative, are Messrs.

Adkins, Akerman, Angier, Bell of Banks, Bowden of Monroe, Bowers,
Blount, Bryson, Burnett, Cameron,
Christian of Early, Cooper,
Cole, Crane, Crawford, Cramley,
Dews, Dunning,

Dunnegan, EUington, Flynn,. Port, Foster of Paulding,
Gove, Hotchkiss, Houston,
Holcombe, Hooks, Hudson, Hutcheson, Key,
King,
Knox, Lott, Martin of Habersham, Minor,

JOURNAL OF THE GEORGIA

Miller, McWhorter, Moore of White, Robertson, Sanlter, Shields, Smith of Chariton, Smith of Coweta,

Smith of Thomas, Speer, Stanford, Trammell, Trawick, Waddell, "Woodey.

There are yeas 66; nays 51. So the motion to lay on

the table prevailed.

On motion of Mr. Supple the Rule was suspended for

the introduction of the following Resolution:

Resolved', That it is the duty of this Convention, under the present circumstances, to inquire how many members are absent and how long, and that a Committee of five be appointed to report all delegates who are absent without leave, and the length of time and cause of such absence.

The Resolution was taken up and agreed to. The President appointed the following Committee under the foregoing Resolution, to-wit: Messrs. Supple, Whiteley, Blount, Maddox, and Holcombe. The motion of Mr. Waddell for the reconsideration of the action of the Convention in relation to the adoption of the second section of the report of the Committee on

Franchise was taken up. On the proposition to reconsider, Mr. Bryant called for
the previous question, which was sustained. Upon the main question the yeas and nays were re

quired to be recorded.

Those who voted in the affirmative, are Messrs.

Bowden of Monroe, Burnett, Cameron, Christian of Early, Cooper,
Dews, Fort,
Foster of Paulding, Gove, Griffin,

Holcombe, Hooks, Hudson, Hutcheson, Key,
King, Shumate,
Stanford, Trammell, Waddell.

CONSTITUTIONAL CONVENTION.

289

Those who voted in the negative, are Messrs.

Adkins,

Jones,

Akerman,

Jordan,

- Alexander,

Rnox,

Andersen,

Linder,

Angier,

Lott,

Ashburn,

Lumpkin,

Beaird,

Madden,

Baldwin,

Maddox,

Bell of Oglethorpe,

Maull,

Bell of Banks,

Martin of Carroll,

Bowers,

Martin of Habersham,

Blonnt,

Minor,

Bryant,

Miller,

Bracewell,

Moore of White,

Brygon,

Moore of Columbia,

Bradley,

Murphy,

Campbell,

Noble,

Carson,

Palmer,

Pope,

Caldwell,

Potts,

Clift,

Prince,

Cnatters,

Reynolds,

Claiborne,

Rice,

Chambers,

Kozar,

Cobb of Houston,

Roberts,

Cobb of Madison,

Robertson,

Costin,

Sikes,

.Cole,

Shields,

Crane,

Seeley,

Crawford,

Sherman,

Crayton,

Smith of Charlton,

Crumley,

Smith of Coweta,

Da vis,

Smith of Thomas,

Dinkins,

Speer,

Dunning,

Stewart,

Dunnegan,

Supple,

Ellington,

Stanley,

Gilbert,

Stone,

Golden,

Strickland,

Guilford,

Trawick,

Harris of Chatham,

Turner,

Harrison of Hancock,

Walton,

Higbee,

Wallace,

Higden,

Welch,

Hotchkiss,

Whitaker,

Houston,

Whitehead of Burke,

Howe,

Whiteley,

Jackson,

Williams,

Joiner,

Woodey.

290

JOURNAL OE THE GEOBfHA

There are yeas 20; nays 98. So the motion to recon sider did not prevail.
Leave of absence was granted Messrs. .Martin, of Calhoun, Harris, of Newton, Bowden, of Campbell; and to Mr. Buchan, until Friday next, on account of important business.
The unfinished business of Saturday was resumed, towit: the report of the Committee on Franchise, the third section thereof being first in order.
Mr. Parrott moved to amend said section by striking out from the ninth and tenth lines thereof the words " as an elector."
Mr. Miller offered the following as a substitute for the whole of said section, to-wit:
The General Assembly may provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote, or hold office: 1st, Those who shall have been convicted of treason, embez zlement of public funds, malfeasance in office, .crime punishable by law with imprisonment in the Penitentiary, or bribery; 2d, Those who are idiots or insane.
Mr. Bryant proposed to amend said section by striking out from the first line of the same the words "it shall be the duty of," and the word "to" after the word "Assem bly," and inserting the word "may" in lieu of the word last proposed to be stricken out, so that it will read "the General Assembly- may."
Pending discussion on the foregoing section and amend ments, Mr. Whiteley having the floor, the Convention, on motion, adjourned until 9-J o'clock a. m., to-morrow.

CONSTITUTIONAL CONVENTION.

291

Atlanta, 6a., Tuesday, February 11, 1868.
The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. Mr. Martin, of Habersham, moved to reconsider so much thereof as relates to the rejection of his Resolution reducing the per diem of members after the 20th inst. The motion to reconsider did not prevail. Mr. Turner moved a suspension of the Rule for the introduction of the following Resolution, to-wit:
Resolved, That the Secretary of this Convention be author ized to have the able and eloquent speech of the Hon. Mr. Akerman, delivered in the Hall of the Georgia Constitutional Convention on the subject of suffrage, published in the official organs of this Convention, and that ten copies be furnished each member for their constituents.
The motion to suspend the Rule prevailed. . The Resolution was taken up, and on motion of Mr, Murphy amended by striking out "ten" and- inserting "twenty-five."
On motion of Mr. Trammell the same was further amended by including the speech of Mr. Waddell, deliv ered on the same subject.
On motion of Mr. Conley the Resolution, as amended, was laid on the table.
The special order of the day was taken up, to-wit: the majority and minority reports of the Committee appointed to inquire into certain charges against Mr. .Bradley, and his defense against such charges, a motion by Mr. Blount pending for the adoption of the minority report as a sub stitute for that of the majority.
Mr. Akerman moved that the subject-matter be recom mitted to the Special Committee, with instructions to report on or before next Friday.

292

JOURNAL OF THB GEORGIA

Mr. Turner moved the indefinite postponement of the whole subject, but afterwards withdrew said motion.
On motion of Mr. Bryant it was determined that debate on the matter pending immediately cease.
The question recurring on the motion of Mr. Akerrnan, the yeas and nays were required to be recorded thereon.

Those who voted in the affirmative, are Messrs.

Adkins,
Akerman, Alexander, Bedford, Beaird,
Baldwin, Bell of Oglethorpe, Bowers, Bryant, Brown,
Bracewell,. Bullock, Campbell, Carson, Casey, Clift,
Chatters, Claiborne, Chambers, Cooper, Cobb of Houston, Cobb of Madison, Costin, Crawford,
Crayton, Davis, Dinkins, Dunning,
Dunnegan, Ellington, Gilbert, Golden,

Harrison of Hancock, Higbee, Hopkins, Jackson,
Joiner, Jones, Knox, Linder, Madden, Maull,
Minor, Moore of Columbia, Murphy, Noble, Palmer, Pope, Prince, Reynolds, Rozar, Robertson, Sikes, Seeley, Sherman, Stewart, Supple, Stone, Wallace,
Welch, Whitaker,
Whitehead of Burke, WHteley, Wooten.

Those who voted in the negative, are Messrs.

Bell of Banks,
Bowden of Monroe, Bryson, Burnett, Cameron,

Christian of Early, Cole, Crane, Crumley, Dews,

CONSTITUTIONAL CONVENTION.

293

Edwards, Flynn, Fort, Foster of Paulding, Gove, Griffin, Harland, Higden,
Houston, Holcombe, Hooks, Howe, Hudson,
Hutcheson, Jordan, Key, King, Lee,
Lott, Maddox, Mathews,

Martin of Carroll, Martin of Calhoun, Martin of Habersham, Miller,.
Moore of White, Potts, Saffoid, Saulter, Shields,
Smith of Charlton,, Smith of Coweta, Smith of Thomas, Speer,
Shumate, Stanford,
Stanley, Trammel!, Trawick, Turner, Waddell,
Woodey.

There are yeas 64; nays 52. So the motion to recommit

prevailed.

On motion of Mr. Trammell Mr. Akerman was added

to said Committee.

Leave of absence was granted Messrs. Harris, of Ohat.

aam, Dews and Yeates.

Mr. Higbee, from the Committee on Enrollment, made

the following report:

Mr, fresident:
The Committee on Enrollment beg leave to report that the following Resolutions and Ordinances have been regularly enrolled, and are now ready for the signature of the President and attestation of the Secretary, to-wit:
A Resolution to provide for the payment of Pages, and-for other purposes.
A Resolution to close the debate on the question of relief, A Resolution to adjourn in honor of the Hon. C. C. Richard son, deceased. A Resolution appointing a Committee to prepare a memorial commemorative of the Hon. C. d Richardson, deceased. A Resolution relative to absent delegates.
20

294

JOURNAL OP THE GEORGIA

A Resolntion requesting Major-General Meade to enforce an

Ordinance of this Convention entitled "An Ordinance to pro

vide,the means of defraying the expenses of this Convention,"

etc.

,

An Ordinance to provide the means of defraying the expen

ses of this Convention, and the compensation of officers and

members.

W. A. FOBT,

Chairman Committee on Enrollment.

The Convention, on motion, adjourned until 9J o'clock a. m., to-morrow^

Atlanta, Ga., Wednesday, February 12, 1868.

The Convention met pursuant to adjournment. Prayer by the Eev. Mr. Trawick. The Journal was read. Mr. Bradley moved the reconsideration^ of so mach thereof as relates to the action of the Convention in re committing to the Special Committee the majority and minority reports of said Committee in relation to certain charges against him. Mr. Bradley, while speaking in support of his motion, made use of certain words, to which Mr. Trammell, rising to a question of privilege, objected, as base calumny. Mr. Conley, by request of the President, took the Chair. Mr. Cotting ofl'ered the following:

Resolved, That Aaron A. Bradley, for gross insults Coffered

to this Convention and members thereof, be forthwith expelled

from his seat in this body.

,-

It was required by a number of members that the offensive words be taken down before action on said Resolution, which was accordingly directed to be done by the President pro tern.

CONSTITUTIONAL CONVENTION.

295

They are as follows, to-wit:

I (Bradley) have a letter, which I could not find this morn ing, involving the delegate from Gordon and the President of the Convention, and their families", in a like offense. I do not wonder at the gentleman being nettled,,but he should not murder me. I am not the man.

Mr. Bradley, denied having used a portion of the fore going language, and admitted that he uttered a portion, and having concluded his defense withdrew, under the Rules, from the Hall of the Convention. . The Chair submitted to the Convention the question of the correctness of the words taken down, which were unanimously decided correct.
Upon the question of adopting the Resolution of Mr. Getting, the yeas'and nays were recorded.

Those who voted in the affirmative, are Messrs.

Adkins, Akerman, Alexander, Anderson, Ashburn, Bedford, Beaird, Bell of Oglethorpe, Bell of Banks, Bowden of Campbell, Bowden of Monroe, Bowers, Blount, Bryant, Brown, Braoewell, Bryson, Bullock, Burnett, Campbell, Carson, Cameron, Catching, Casey, Caldwell, Clift,

Christian of Newton, Chatters, Claiborne, Chambers, Cooper,
Cobb of Houston, Cobb of Madison, Costin, Cole, Conley, Crane, Crawford, Crayton,
Crumley, Cotting,
Davif, Dinkins, Dunning, Dunnegan, Edwards,
Ellington, Flynn, Fort,
Foster of Paulding,, Gibson, Gilbert,

296

JOURNAL OF THE GEORGIA

Good win, Gove, Golden, Griffin, Guilford, Harland, Harris of Newton, Harrison of Hancock, Higbee, Higden, Hotchkiss, Houston, Holcombe, Hopkins, Hooks, Howe, Hudson, Hutcheson, Joiner, Jones, Jordan, Key, King, Knox, Lee, Linder, Lott, Lumpkin, Madden, Maddox, Maull, Mathews, Martin of Carroll, Martin of Calhoun, Martin of Habersham, McHan, Slinor, Miller, McWhorter,

Moore of White, Moore of Columbia, Murphy, Noble, JPalmer, Pope, Potts, Prince, Eice, Rozar, Roberts, Robertson, Saffold, , S'anlter, ' Sikes, Shields, Sherman, Smith of Charlton, Smith of Coweta, Smith of Thomas, Speer, Shumate, Stewart, Stanford, Supple, Stone, Strickland, Trawick, Turner, Walton, Wallace, Waddell, Welch, Whitaker, Whitehead of Burke,
Whiteley,
Williams, Woodey, Wooten.

There are yeas 130; nays 0. So the Resolution was

unanimously adopted.

The President pro tern, directed the Sergeant-at-Arms

to inquire and report immediately whether A. A. Bradley,

the expelled delegate, was present in the Hall.

The duty was performed by that officer, who reported

negatively.

CONSTITUTIONAL CONVENTION.

297

On motion of Mr. Bkrant the President pro tern., di rected .the Sergeant-at-Arms to bring the said A. A. Bradley, if to be found, before the bar of the Convention, in order to his formal and public expulsion under the adopted Resolution.
Mr. Bullock offered the following Resolution, which was taken up, to-wit :

Resolved, That in the outrageous insinuations and charges made by the delegate from Chatham, A. A. Bradley, who has been expelled from this Convention, we recognize only the senseless mouthings of an irresponsible person, and it is the unanimous opinion of this body that nothing in the falsehoods which the delegate has uttered can be regarded as detracting from the high social position and standing of the gentlemen and their families who were thus assailed.
On motion of Mr. Akerman the word "senseless" was stricken out, and the word "malicious" inserted in lieu thereof.
The Resolution, as amended, was unanimously adopted. On motion of Mr. Bullock the following communication from the Hon. Henry P. Farrow, to the Hon. L. K Tramnaell, and the anonymous letter to which it refers,, were ordered to be spread upon the Journal, to-wit:
HALL GEORGIA CONSTITUTIONAL CONVENTION, } ATLANTA, GA., February 12, 1868. f
Hon. L. N. Tramrnell: DBAK SIB : I herewith enclose you the letter alluded to this
morning by the expelled member, Bradley. It has no date as to time or place, nor has it any signature. It makes no allusion to you, and only alludes to the President of the Convention as a person from whom he, Bradley, could perhaps gain informa tion concerning the libel therein contained. The said Bradley was exhibiting it around, and upon exhibiting it to me I in formed him that I once lived in the same County with the President, and that it in no way made any insinuations as to him. Believing I recognized the handwriting, and believing I knew who the writer was maliciously endeavoring to injure, I

298

JOURNAL OF THE GEOKOIA

immediately procured possession of the document, with a view to its suppression. About two weeks after I thus suppressed the. mischievous letter, the said Bradley called on me for it-- last Monday--but I refused to let him have it, as I k,new he, wished to produce mischief. From the time it came into my possession, until after the allusion to it here this morning, it remained in my law office, and no one saw it. You are at liberty to make such use of this letter and the enclosed as you may think proper.
Very respectfully, etc., HENRY P. FARROW.
Anonymous letter referred to by A. A.'Bradley:

A. A. Bradley, JSsq. : SIR : Some" men are trying to expel you from the Convention,
They have no right to do it. If you are guilty as charged, you are better than others, who have not been convicted. There1 is one delegate in the Convention who, it is reported, seduced his wife's sister and got a child, by her, and if they try to expel you bring this wp, call OB them to expel all who have seduced negro and white women too. Ask your President, J. R. Parrott, if he does not know a delegate who has seduced his sister-in-law. I suggest that you introduce a Resolution.. to inquire into and report on all delegates who have been guilty of seduction, of either black or white women. I refer you to A. M. Franklin, W. EL Pritchett, J. A. Howard, and J. J. Jones, all of Cartersville, Ga., as witnesses.
The Sergeant-at-Arms reported that the City had been searched, and that A. A. Bradley was not to be found.
On motion of Mr. Bryant the report of the Committee on Franchise was taken up, it being the unfinished busi ness of Monday last. The third section thereof, with the proposed amendment of Mr. Parrott, substitute of Mr. Miller, and amendment of Mr. Bryant, previously placed on the Journal, was first in order.
"After discussion, Mr. Miller moved that debate cease, on the pending subject-matter.
The motion prevailed.

CONSTITUTIONAL CONVENTION.

299

Upon the question of adopting the substitute of Mr. Miller, the yeas and nays were required to be recorded.

Those who voted in the affirmative, are Messrs.

Akerman, Alexander, Andersen, Angler, Ashburn, Beaird, Bell of Ogletiiorpe, Bell of Banks, Bowden of Campbell, Bowden of Mon'roe, Bowers, Blount, Brown, Bracewell, Bryson, Burnett, Campbell, Carson, Cameron, Casey, Caldwell, Christian of Chatters, Oaiborne, Chambers, Cooper, Cobb of Madison, Crane, Crawf'ord, Crayton, Crumley, Clotting, Davis, Dinkins, Dunning, Edwards, Ellington, Flynn, Fort, Foster of Paulding$ <3-ibson, 'Gilbert,

Golden, Oriffin, Guilford, Harland, Harris of Newton, Harrison of Hancock, Higden, riotehkiss, Houston, Holcombe, Hopkins, Hooks,
Howe, Hudson,
Hutcnesoa,
Jones, Jordan, Key, King, . Knox, Lee, Hinder, tott, lumpkia, Maddox, Maull, .Matbews, Martin of CarroII, Martin of Calhosin, Martin of Habersbam, McHan, Minor, Miller, Moore of White, Moore of Columbia, Murphy, Noble, Palmer, Pope, Potts, Prince, Eeynolds, Uice,

300

JOURNAL OF THE QEORGIA

Kozar, Boberts, Robertson,
Saffold, Saulter,
Shields, Smith of Chartton, Smith of Coweta, Smith of Thomas, Speer,
Shumate, Stewart,
Stanford, Stanley,

Stone, Strickland. Trammell,
Trawick, Turner,
Walton, Wallace, Welch, Whitaker, Whitehead of Burke, Whiteley, Williams,
Woodey, Wooten.

Those -who voted in the negative, are Messrs.

Adkins, Bedford, Bryant, Bullock, Catching, Clift,
Cobb of Houston, Costin,

Dunnegan., Higbee, Joiner, Madden, Sikes, Seeley,
Sherman.

There are yeas 116; says 15. So the same was adopted, and is as follows:

Sec. 3. The General Assembly may provide^ from time to time, for the registration of all electors, but the following class of persons shall not be permitted to register, vote, or hold office: 1st, Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, crimepunishable by law with imprisonment in the Penitentiary, or bribery; 2d, Those who are idiots or insane.

Mr. Bryant proposed to offer an amendment to the sub stitute as adopted.
The President pro iem. decided it out of order to amend the substitute, as it had, by its adoption, become a part of the report.
From this decision Mr. Bryant appealed. The decision of the Chair was sustained by the Con vention.

CONSTITUTIONAL CONVENTION.

301

"The Rule was suspended, on motion of Mr. Akerman, when he offered the following Resolution, which was taken up and adopted, to-wit: ,
Mesolved, That the Committee to whom were referred cer tain charges against A. A. Bradley, late delegate from Chatham, he discharged from the further consideration of the subject.
Mr. Hopkins moved the appointment of a Committee of three to draft and report a Resolution approving and sustaining the action of General Meade in removing from office Hon. Charles J. Jenkins.
The motion of Mr. Hopkins was superseded by a mo tion of Mr. Cotting to suspend the Rule for the introduc tion of a Resolution on the same subject.
Pending discussion on the proposition to suspend the Rule, the hour of adjournment arrived, and the President pro tern, declared the Convention adjourned until 9J o'clock a. m., to-morrow.

Atlanta, Ga., Thursday, February 13, 1868. The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. The motion of Mr. Cotting to suspend the Rule for the introduction of the following Resolution, which was pend ing at the last adjournment, was taken up, to-wit:
WHEBEAS, Some unauthorized person has undertaken to institute proceedings in the Supreme Court of the United States, in the name of the State of Georgia versus Generals Grant, Meade, and others. Therefore,
Hesolved, by this Convention, representing the people and sovereignty of Georgia, That no person has been empowered by any statute of this State, or by any Ordinance of this Conventiony to commence or prosecute any such suit, and that the people of Georgia, as plaintiffs, will not litigate said suit, and demand that it be dismissed from said Court.

302

JOURNAL OF THE 'GEORGIA

Resolved, That, as it may be necessary that an attorney should be employed to represent the State of Georgia in said suit, the Hon. B. H. Bigham, of Troup county, be authorized: and empowered to represent the State in the above mentioned ease before the Supreme Court, and procure the dismissal of the same.
.The previous question was called and seconded.
The main question, to-wit: the motion to suspend the Bule, was put, and did not prevail.
Leave of absence was granted Messrs.. Shields and Roberts.
On motion of Mr. Bryant, the report of the Committee on Franchise was resumed as the unfinished business of yesterday, the fourth section thereof being first in order.
Mr. "Whiteley moved that the whole of it be stricken out.
Mr. Dunning proposed to amend said section by striking out all of the first line preceding the word "I," and inserting in lieu of the words to be stricken out the fol lowing :
All electors, if required to register, must take and subscribe the following oath.

Strike out from the third and'fourth lines the following:

That I am not excluded from registering by any of the

clauses of section three, Article----, .of the Constitution of'

Georgia.

.

Also, by inserting the word "and" before the word "that," in the fourth line, so that the section would read:

All electors, if required to register, must take and subscribe the following oath: "I, --------, do solemnly, swear (or affirm)that I will support and maintain.the Constitution and laws of the United States, and the Constitution and laws of Georgia, and that I will never countenance nor aid in the secession of this State from, the United States. So help me God."

CONSTITUTIONAL COKVEKIIOS1.

303

"Mr. McCay proposed to amend the amendment of Mr. Dunning by striking therefrom the following:
And that I will never countenance nor aid in the secession of this State from the United States.

Mr. Dunning, with the consent of the Convention,

withdrew his amendment, and proposed to amend said

section by striking from the first line the words "all per

sons, before registering," and inserting in lieu thereof the

words "all electors, if required to register."

Mr. Whiteley called for the previous question, which

was seconded.

The main question was put, and the amendment of

Mr. Dunning adopted.

. .

The question recurring upon the motion of Mr. White-

ley, to strike out said section, the yeas and nays were

demanded.

Those who voted in the affirmative, are Messrs.

Adkins,

Akerman,

Anderson,

Angler,

' Bell of Oglethorpe,

Bell of Banks,

Bowden of Campbell,

Bowden of Monroe,

Blount,

Brown,

Bracewell,

Carson,

Cameron,

-

Caldwell,

Christian of Newton,

Claiborne,

.

Chambers,

Cooper,

Cobb of Madison,

Cole,

Crawford,

Davis,

Flynn,

Fort,

Foster of Paulding, Gove, Griffin, Harland, Harris of Newton, Harrison of Carroll, Higden, Hotchkiss, Houston, Hopkins, Hooks, Howe, Hudson, Huteheson, Jordan, Key, King, Knox, Lee, Linder, Lott, Lumpkin, Maddox,
_ Mathews,

304

JOURNAL OF THE GEORGIA

Martin of Carroll, Martin of Calhoun, Martin of Habersham, McCay, Minor, Miller,
McWhorter, Moore of White, Roberts, Saffold,
Saulter, Seeley,

Smith of Charlton, Smith of Coweta, Smith of Thomas, Speer, Shumate, Stanford,
Stanley, Trammell, Trawick, Turner,
Whitely, Woodey.

Those who voted in the negative, are Messrs.

Alexander, Ashburn, Bedford, Beaird, Baldwin, Bowers, Blodgett, Bryson, Bryant, Bullock,
Campbell, Catching, Casey, Clift, Chatters, Cobb of Houston, Costin, Conley, Crane,
Crayton, Cotting,
Daley, Dinkins, Dunning, Dunnegan, Edwards, Ellington, Gilbert, Golden,
Guilford,

Harrison of Hancock, Higbee, Jackson,
Joiner, Jones, Madden, Maull, . McHan, Moore of Columbia, Murphy,
Neal, Noble, Palmer, Pope, Prince,
Reynolds, Rice, Rozar, Sikes,
Sherman, s Stewart,
Supple, Stone, Strickland, Walton, Wallace,
Welch, Whitaker, Whitehead ef Burke, Williams.

There are yeas 72; nays 60. So the motion to strike out the fourth section prevailed.

CONSTITUTIONAL CONVENTION.

305

Section five being next in order, Mr. "Whiteley moved

to amend the same by striking from the second line thereof

the words "and civil process."

\

Mr. McCay proposed to amend said section by striking

out all after the word process, in the second line, and

adding in lieu thereof the words "whilst going to, remain

ing at, and returning from elections."

The previous question was called and seconded.

The main question was put, and the amendment of Mr.

McCay lost.

The question recurred on the amendment of Mr.

WMteley, and the yeas and nays were demanded thereon.

Those who voted in the affirmative, are Messrs.

Adkins, Akerman, Bell of Banks, Bowden of Campbell, Bowden of Monroe, Bowers, Blount, Brown, Bracewell, Bryson, Carson, Cameron, Christian of Newton, Cooper, Cobb of Madison, Cole, Crane,
Crawford, Cotting, Davis,
Dnnnegan, Ellington, Fort, Foster of Paulding, Gilbert, Gove, Griffin, Harland, .Harris of Newton, Harrison of Carroll,

Higden, Hotchkiss, Houston, Holcombe, Hooks,-
Hudson, Hutcheson, Jordan, Key, King, Knox, Lee, Lott, Maddox, Mathews, Martin of Carroll, Martin of Calhoun, Martin of Habersham, McCay, McHan, Miller, Moore of White, Neal, Rice, Roberts, Saffold, Saulter, Smith of Charlton, Smith of Coweta,

306

JOURNAL OF THE GEORGIA

Smith of Thomas,
Speer, Shuinate, Stanford, . Stanley, Trammel!,

Trawick, Waddell, Welch, Whiteley, Woodey.

Those who voted in the negative, are Messrs.

Alexander, Anderson, Angler, Ashburn, Bedford, Beaird, Baldwin, Bell of Oglethorpe, Blodgett, Bryant, Bullock,
Campbell, Catching, .
Casey, Caldwell, Clift, Cnatters, Claiborne, Chambers, Gobb of Houston, Costin, Conley, Crayton, Daley, Dinkins, Dunning, Edwards), Golden, Guilford, Harrison of .Hancock,

Higbee, Hopkins, Jackson, Joiner, Jones, Hinder, Lumpkin, Madden, Maull, Minor, Moore of Columbia, Murphy, Noble, Palmer, Pope, Prince, Reynolds, Eozar, Sikes, Seeley, Sherman, Supple, . Stone, Strickland, Turnei', Walton, Wallace, Whitaker, Whitehead of Burke, Williams.

There are yeas 71; nays 60. So the "amendment of Mr. Whiteley was received.
The fifth section, as amended, was adopted, and is as follows :
Electors shall, in all .cases, except treason, felony, or breach of the peace, be privileged from arrest for five days before the first day of-election, on the day of election, and two days sub sequent to the last day of election.

CONSTITUTIONAL CONVENTION'.

307

Mr. Murphy offered tlie following as a Substitute for the sixth section:
The sale of intoxicating liquors,, on days of election, in this State, is hereby for ever prohibited.

Mr. Conley proposed to amend the said section by striking out at the end thereof the words "at elections," so that it would read:

It shall be',the duty of the General Assembly to enact ade quate laws, giving protection against the evils arising from the use of intoxicating1 liquors.

The motion of Mr. Conley did not prevail.

The question then recurred upon the substitute offered

by Mr. Murphy.

..

The same was adopted.

,. .

Mr. McCay moved to strike out the whole of the seventh

section..

This motion was lost.

Mr. Bryant moved the adoption of said section, and

called for the previous question thereon, which was sus

tained.

The main question was put, and the seventh section

adopted without amendment.

Mr. Getting moved to strike out the eighth section.

The motion was lost.

Mr. Bryant moved the adoption of said section, and

called the previous question on his motion, which was

sustained.

The main question being put, the eighth. section was

adopted without amendment.

Mr. Blount moved to amend the ninth section by striking

out the word "November" and inserting in lieu thereof

the word "October."

Mr. Bryant proposed to amend said section as follows:

After the word "'Governor," in the first line, insert

808

JOURNAL OF THE GEORGIA .

"Members of Congress;" in the same line, after the word "Eepresentatives," insert the words "after the year

1868;" after the word "shall" strike out the word "be,"

and insert the word "commence."

The amendment of Mr. Bryant was received, and the section, as amended, was adopted, and reads as follows,

to-wit:

Sec. 9. The election of Governor, Members of Congress, Senators and Representatives, alter the year 1868, shall com mence on the Tuesday after the first Monday in November, unless otherwise provided by the General Assembly.

The following was offered by Mr. Martin, of Haber-

sham, as a substitute for the tenth section :

No person who is a disqualified elector, or who is disfran chised by the Constitution of Georgia, shall be eligible to any office in this State.
The. same was not adopted.

Mr. Crane proposed to amend said section by inserting after the word "electors," in the first line thereof, the

words "who have been citizens of the United States for

seven years."

Upon the question of receiving this amendment the

yeas and nays were required to be recorded.

Those who voted in the affirmative, are Messrs.

Angier, Bell" of Banks, Bowden of Monroe, Blount, Brown,
Bryson, Cameron, Cooper, Crane,
jSilington, Fort,
Foster of Paulding, G-ove,
Griffin, Harland, Harrison of Carroll,
Higden,

Houston, Holcombe, Hooks, Howe, Hudson, Hutcheson, ,, -Key, King, Lott, Martin of Carroll, Martin of Calhoun, Martin of Habersham, Miller, Moore of White, Trammell, AVoodey. '

CONSTITUTIONAL CONVENTION.

309

Those who voted iii the negative, are Messrs.

Adkins,

Joiner,

Akerman, ,

Jones,

Alexander,

Jordan,

Andel-son,

Knox,

Ashburn,

Lee,

Bedford,

Linder,

. Beaird,

Lu napkin.

Baldwin,

Maddoxs

Bell of Gglethorpe,

MauU,

Bowden of iCampbellj

Mathews,

Bowers,

McCay,

Blodgett,

Minor,

Bryant,

MoWhorter,

Bracewell,

Moore of Columbia,

Bullock,

Murphy,

CampbeH,

Noble,

Carson,

Palmer,

Catching,

'Pope,

Casey,

Prince^

Caldwell,

Eeynoldss

Clift,

Rice,

. Chatters,

Rozar,

Claibome,

Saffold,

Chambers,

Saalter,

'Cobb of Houston,

Sikes.,

Cobb of Madison,

Seeley,

Costin,

Sherman,

. Cole,

Smith of Coweta,

Gonley,

Smith of Thomas,

Crawf ord,

Simulate,

Crayton,

Stewart,

Cotting,

Stanford,

Davis,

Stanley,

Dinkihs,

Stone,

Dunning,

StricMand,

Dunnegan,

Trawick,

Gilbert,

Turner, .

Golden,

Walton,

Gruilford,

Wallace,

Harris of Newton,

Welch,

HarrisoQ of Hancock,

Whitaker,

Higbee,

Whitehead of Burke,

Hotchkiss,

Whiteley,

Hopkins,

Williams,

Jackson,

There are yeas 33j nays 89. So the amendment of Mr.

Crane was lost. 21

810

JOURNAL OF THE; SBORGIA .

Mr. Harris, of Newton, moved to strike out the whole of said tenth section.
Mr. McCay offered to amend the same by inserting after the. word "electors," in the first line thereof, the fol lowing :
Citizens of the United States, who can read and subscribe the oath of office, except disqualified by physical inability.
Mr. Miller required a division of the question, so as first to take the vote on the insertion of the words "citi zens of the United States."
Pending discussion on said section, and the- amend ments proposed thereto, the Convention, on motion of Mr. Whiteley, adjourned until 9J o'clock a. m., to morrow.

Atlanta, G-a., Friday, February 14, 1868. The Convention met pursuant to adjournment, Prayer by the Chaplain. The Journal was read. Mr. Martin, of Habersham, moved a suspension of the Rule for the introduction of the following Ordinance,

Be it Ordained by the people of Georgia in Convention assembled, That the bill recently filed by ex-Governor C. <L Jenkins, in the United States Supreme Court, against Generals Grant, Meade, and other officers of the United States, does not receive the approval of this Convention, but, on the contrary, its unqualified condemnation.

The motion to suspend the Rule. did not prevail. The consideration of the unfinished business of yester

day was resumed, to-wit : the report of the Committee on Franchise, the tenth section thereof being first in order,

with the proposed amendments of Mr. Harris, of Newton,

and Mr. McCay.

.

.

CONSTITUTIONAL CONVENTION.

311

Mr. McCay, by consent, withdrew his amendment, and called for the previous question, which was sustained, on the motion of Mr. Harris, of N"ewton, to strike out the whole of said section.
On this proposition the yeas and nays were demanded. Those who voted in the affirmative, are Messrs.

Adkins, Alexander, Anderson, Angler, Ashburn, Bedford, Bentley, Baldwin, Bell of Oglethorpe, Bell of Banks, Bowdea of Campbell, Bowden of Monroe, Blodgett, Blount, Brown, Bracewell, Bryson, Bullock, Campbell, ' Carson, Cameron, Catching, Casey, Caldwell, Olift, Christian of Newton, Chatters, Claiborne, Chambers, Cooper, Cpbb of Madison, Conley, Crane, Crawford, Crayton, Crumley, Cotting, Davis, Daley, Dinkins,

Edwards, Ellington, Flynn, Fort, Foster of Pauldmg, Gilbert, Goodwill, Gove, Golden, Griffin, Guilford, Harland, Harris of Newton, Harrison of Carrol!, Harrison of Hancock, Higden, Hotchkiss, Houston, Holcombe, Hopkins, Hooks, Howe, Hudson, Hutcheson, Jacksohj Joiner, Jones, Jordan, Key, King, Knox, Lee, Linder, Lott, Lumpkin, Madden, Maddox, Slaull, Mathews, Martin of CarroU,

312

JOURNAL OF THE GEOKGIA

Martin of Calhoun,

Martin of Habersham,

McHan,

"

McCay,

Minor,

Miller,

Moore of White,

Moore of Columbia,

Murphy,

Heal,

Noble,

Palmer,

Pope,

Prince,

Eeynolds,

Rice,

Rozar,

Boberts,

Robertsou, '

Saulter,

Sikes,

'

Shields,

Seeley,

Sherman,

Smith of Charlton,

Smith of Coweta,

- Smith of 'Thomas,

Speer,

. '_

Shumate,

Stewart,

Stanford,

Supple,

Stone,

Strickland,

Trammell,

Trawick,

Turner,

Walton,

Wallace,

Welch,

Whitaker,

Whitehead of Burke,

Whitehead of Butts,

Whiteley,

Williams,,

. Woodey.

Those who voted in the negative, are Messrs,

Akerman, Beaird, Bowers, Bryant, Cobb of Houston, Costin,

Cole, Dunning, Dunnegan, Higbee, SaSbld, Stanley.

There are yeas 126;.nays 12. So the tenth section was stricken out, and the report of the Committee was adopted by sections, as amended, and reads as follows, to-wit:

Sec. 1. In all Elections by the People the electors shall vote by b&llot.
Sec, 2, Every male person born in the United States, and every male person who has been naturalized, or who has legally declared his ir-t-ention to become a citizen of the United States, twentyone years old or upward> who shall have resided in this State six months next preceding the election, and shall have resided thirty days in the County in which he offers to vote, and shall have paid all taxes which may have been required of him, and which he may have had an opportunity of paying, agreeably to

CONSTITUTIONAL CONVENTION.

313

law, for the year next preceding the election., except as herein after provided, shall, be deemed an elector; and every male inhabitant, citizen of the United States, of the age aforesaid, except as herein provided, who may be a resident of the State at the time of the adoption, of this Constitution, shall be deeiaed an elector, and shall have all .the rights of electors as aforesaid: Provided, That no soldier, or sailor, or marine, in the military or naval service of the United States, shall here after acquire a residence by reason of being stationed on duty in this State. No person, who shall, if challenged, refuse to take the following oath :
"I do swear that I have not given or received, nor do I expect to give or receive, any money, treat, or other thing of value, by which my vote, or any vote, is affected, or expected to be affected, at this election; nor have I. given or promised any reward, or made any threat, 'by which. to prevent any person from voting at this election."
Sec. 3. The General Assembly may provide, from time to time, for the registration of all electors-; but the following class of persons shall not be permitted to register Or vote, or to hold office: First, Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, crime punishable by law with imprisonment in the penitentiaryf or bribery. Second, Those who ate idiots or insane.
Sec. 4 was stricken out.
Sec. 5. Electors shall, ia all cases, except treason, felony, or breach of the peace, be privileged from arrest for five days before the first day of election, on the day of election, and two days subsequent to the day of .election.
See. 6. The sale of intoxicating liquors, on days of election, In this State, is hereby for ever prohibited.
Sec. 7. Returns of election, for all civil officers elected by the people, who are to be commissioned by the Governor, and also for the Members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by the General Assembly.
Sec. 8. It shall be the duty of the General Assembly to enact adequate laws giving protection to electors before, during, and subsequent to elections.

314

JOUBNAL OF THE GEOKGIA

See. 9. The election of Governor, Members of Congress, Senators .and Representatives, after the year 1868, shall com mence on the Tuesday after the first Monday in November, unless otherwise provided by the General Assembly.
On motion of Mr. "Whiteley, the report, as adopted, was referred to the Committee on Revision.
On motion of Mr. Bullock, the Rule was suspended, and the following Resolution, offered, by Mr. dotting, taken up, to-wit :

WHEREAS, Some unauthorized person has undertaken -to institute proceedings in the Supreme Court of the United States, in the name of the State of Georgia versus Generals Grant, Meade, and others. Therefore,
Hesolved, by this Convention, representing the people and sovereignty of Georgia, That no person has been empowered by any statute of this State, or 'by any Ordinance of this Con vention, to commence or prosecute any such suit, and that the people of Georgia, as plaintiffs, will not litigate said suit, and demand that it be dismissed from said Court.

The same was amended, on motion of Mr. MeOay, by striking out the words "by any statute of this State, or by any Ordinance of this Convention," and inserting in lieu thereof the words "by the State of Georgia."
On motion of Mr. Bedford, the same was further amended by adding the following:

And be it further Resolved^ That a copy of this Resolution be forwarded by the President to the Military Governor of this State, with the request that he have the seal of the State affixed thereto, and then forwarded to the Secretary oi War.

Upon the question of adopting the Resolution,, as amended, the yeas and nays were demanded.

Those who voted in the affirmative, are Messrs.

Adkins, Akerman, Alexander, Andersonj Ashburn,

Bedford. Bentley, Bearrd, Baldwin, Bell of Oglethorpe,

CONSTITUTIONAL CONVENTION.

315

Boweten of Campbell, Bowers," Blodgett, JBlount, Bryant, Brown, Bracewell, Bryson, Bullock, Campbell, Carson, Catching, Casey, Caldwell, Clift, Chatters, Claibome, Chambers, Cobb of Houston, Cobb -ef Madlsoa, Costin, Conley, Crane, Crawford, Craytoa, . ' Crumley, dotting,
Daley, Dinkins, Dunning,, Dunnegan, Edwards, Ellington, Gilbert,
Oolden, Guilford, Harris of JTewtcwa, Harrison of Hancock, Higbee, Higdea, Hotchkiss, Hopkins, Hutdheson, Jacksoa, Join-er3

Jones, Knox, Lee, Linder, Lott, Lumpkin, Madden, Maddox, Maull, Mathews, Martin of Habersham, McHan, McCay, McWhorter, Moore of While, ,, Moore of Columbia,, Murphy, Keal, Noble, ' Palmei, Pope, Prince, fteynold-Sj Rice, Kozar, Eoberts.oOj "Saffold, Saulter, ' Sikes, 'Seeley,
Smith of ThomaSj "Speer,
Shumate, " Stewart, Supple, Stone, Strickland, Turner, Walton, Wallace, Welch, Whitaker, Whitehead of Burke, Whiteley, Williams^ Woodey.

316

JOURNAL OP THE GEORGIA

Those who voted in. the negative, are Messrs.

Angler,

Bell of Banks,

Bowden of Moaroej.

Cooper,

Cole,

Flynn,

Fort,

Foster of Pauldlmg,

Griffin,

.

Harrison of Carroll,

Houston,

Holcombe, ,

. Hooks, Howe, Hudson,
Key, -King, . Martin of Carroll, Martin of Calheun,,
Miller, , Stanford, Trammel!, Trawick,
Waddell.

There are yeas 105; nays 24. So the Resolution, as

amended, was agreed to.

The Rules were suspended, when the following Resolu tion, which was offered by Mr. Blodgett, was takea up and agreed to, to-wit:

Resolved, That a Committee of seven be appointed by the President to prepare and report, for the consideration of this Convention, a substitute for the thirty-second section of the Bill of Rights, 'in relation to the Homestead.

The President announced the following- as the Conv mittee under said Resolution, to-wit: Messrs. Blodgett, Blount, Hotekkiss, Gove, Crane, Bedford, and Miller.
Leave of absence was granted' Messrs. Gibson/Sarris. of Newton, Brown of Henry, Bowden of Monroe, Turner, and Catching.
Mr. Ashburn m'oved to take from the table the motion of Mr. Dunning for the reconsideration of the action of the Convention on the subject of relief.
Mr. Bullock rose to a point of order, assuming that, in in order to take up the motion, it required a suspension of the Rule.
Mr. Trammel! '(in the Chair) overruled the point of order, stating that such a suspension1 was unnecessary when no special order is pending.

'<! *??"'

.CONSTITUTIONAL CONVENTION.

317

~ From this decision Mr. Bullock appealed, and the

decision of the Chair was not sustained.

On the proposition to suspend the Rule less than two-

thirds voted in the affirmative, and the motion was there

fore'lost.

On motion .of Mr. "Whiteley, the report of the Com

mittee on Legislative Department'was taken up by sections

and paragraphs.

.'

The first and second paragraphs of the first section

were adopted without amendment.

On motion of Mr. Bryant, the third paragraph of the

first section was amended "by striking out from the fourth

line "the first "Wednesday in October," and inserting

"Tuesday after the first Monday in November." Also, by

striking out the word "Legislature," in the sixth line, and

inserting the words "General Assembly."

The same was further amended, on motion of Mr.

Miller, by striking out the word "be," in the fourth line

thereof, and inserting'the word "begin."

The third paragraph of the first section was adopted, as

amended, and reads as follows, to-wit:

3. The members of the Senate shall be elected for four

years, except that the members elected at the first election from

the twenty-two Senatorial Districts, numbered in this Constitu

tion with odd numbers, shall only hold their office for two

years. The members of the House of Representatives shall be

elected for two years. The election for members of the General

Assembly shall begin on Tuesday after the first. Monday in

November of every second year, except the first election, which

shall be within ----- days after the adjournment of tMs Con

vention ; but the General Assembly may, by law, change the

day of election, and the members shall each hold until their

successors are'elected" and qualified.

On motion of Mr.. "Whiteley, the fourth paragraph of the .first section was amended by striking out from the second line the words, "first Tuesday in November," and inserting "second Wednesday in January."

318

JOURNAL OF THE GEORGIA

On motion of Mr. Conley, the said paragraph was further amended by striking out of the fifth line the words "first above mentioned," and inserting in lieu thereof the words "second under this Constitution."
Mr. Ashburn proposed to amend the same paragraph by striking from the sixth line the word "two-thirds," and inserting in lieu thereof the word "majority."
Upon this motion the yeas and nays were -required to be recorded.
Those who voted in the affirmative, are Messrs.

Ashburn,
.Bentleyj Baldwin, Bell of Oglethorpe, Bryant, Bullock, Campbell,
Catching, Cssey, Clift,
Chatters, (alaiborne, Gobb of Houston, Costin, Crayton, Dinkins, . Edwards, Gilbert,
Golden, Harrison of HancO'ck, Hopkins,
Jackson,

Joiner,
Linder, Madden, Maull, Moore of Columbia, Murphys Noble,
Palmer, Pope, Prince,
Reynolds, Rozar, Sikes, Seeley, " Sherman, Stewart, - Stone, Turner, " Wallace, Whitaker, Whitehead of Burke*

Those who voted in the negative, are Messrs.

Adkins,

Brown,

Alexander,

Bracewell,

Anderson,

Bryson,

Angler,

- C,arson,

Bedford,

Carneron,

Beaird,

Christian of Newton,

Bowden of Monroe,

-Chambers,

Bowers,

Cooper,

Blodgett,

Conley.,

JSlount,

Crane,

'T

CONSTITUTIONAL CONVENTION.

319

Crawford, Cotting, Dunning, Dunnegan, Ellington, Foster of Paulding, Goodwin, Gove, Griffin, Harris of Newton, Harrison of Carroll, Higbee, Higden, Hotchkiss, Holcombe, HHooowkes,,
Hudson, Hutcheson, Jones, Jordan,
King, Knight, Lee, . Lett, Lumpkin, Maddox, Mathews,

Martin ,of Carroll, Martin of Calhoun, Martin of Habersham, McCay, McHan, Minor, Miller, McWhorter, Moore of White, Neal, Bice, Robertson, Saffold, Saulter,
Smith of Ohaiiton, Smith of Coweta, Smith of Thomas, Speer, Shumate, Stanford, Trammell, Tra^ick,
Walton, Waddell,
Welch, Whiteley, Williams, Woodey.

There are. yeas 43; nays 77. So the amendment of

Mr. Ashburn was not received.

Mr. Bryant moved to strike out' all after the word "pro

vide," in- the fifth line of said fourth paragraph, as

amended.

The motion did not prevail.

The fourth paragraph, as amended, was adopted, and

reads as follows :

The first meeting of the General Assembly shall be witMn

---- days after the adjournment of this Convention, after

which it shall meet annually on the second Wednesday in Jan-

nary, or on such other day as the General Assembly may pre

scribe. A majority of each House shall constitute a quorum

to transact business, but a smaller number may adjourn from

day to day, and compel the presence of its absent members, as

320

JOURNAL OF THE GEORGIA

each House may provide. N"o session of the GenerarAssembly, after the second, under this Constitution, shall continue longer than forty days, unless prolonged by a vote of two-thirds of each branch thereof.. .

Mr. Murphy 'moved to strike out, after <the word "except," in -the-second line of the fifth paragraph of the first section, "Justices of the Inferior Court."

The motion was lost.

Mr. dotting moved to amend said paragraph by striking out from the second line thereof the words "or the United States, or either of them."
The same did not prevail.

Mr. Bryant moved to amend said paragraph jay striking out all after the word-"House," in the fourth line of the same.

The motion was lost, and paragraph five, of, the first section, was adopted without amendment.

On motion of Mr. Conley, the sixth paragraph was amended by inserting after the word "shall," in the second line thereof, the words "vote or."

Mr. Crane moved to further amend said paragraph by

striking out the words "unless he shall have been par

doned." .

..

The same did tiot prevail.

Paragraph six, of the first section, was adopted, as amended, and is as follows :

No person convicted of any felony or larceny before any Court of this State, or of or in the United States, shall vote or be eligible to -any office or appointment of honor or trust within this St'atej unless he shall have been pardoned.

Mr. Welch proposed to amend the seventh paragraph by inserting after -the word "moneys," in the first line, the words "and the same having been legally demanded of him'."

CONSTITUTIONAL CONVENTION.

321

Mr. Blodgett moved to amend by inserting after the

same word, in the same line, the words "who is a de

faulter and."

--..

The amendment of Mr. Blodgett was accepted by Mr.

Welch.

: ..

The same was not received.

The seventh paragraph of the first section was adopted

without amendment.

Mr. Bryant moved to amend the eighth paragraph-of

the first section by adding thereto the words "unless he

be obliged to remove from. fear of injury to his family,

his property, or.himself."

Mr. Blodgett moved to amend said^ paragraph by insert

ing after the word "his" the word "voluntary."

Mr. Bryant accepted the amendment of Mr, Blodgett

as a substitute for his.

The same was lost-

'

.

Mr. Whiteley proposed to amend said paragraph by

inserting before the word "District" the words "County or."

The same was withdrawn by the mover for the present. The eighth paragraph was adopted without amendment. Mr. Coiiley offered the following Resolution, to-wit:

Resolved, That so much of the report of the Committee on the Legislative Department as relates to representation, be recom mitted, with instructions to provide that there shall be twentyeight Senators and one hundred Representatives composing the General Assembly of this State, and to affix suitable Districts for said Senators' and -Representatives, basing such representa tion upon population.

Pending action on the foregoing Resolution the Con vention, on motion, adjourned until 9J o'clock a. m., to morrow.

822

JOURNAL OF THE .GEORGIA

Atlanta, Gra., Saturday, February 15, 1868.

The Convention met pursuant to adjournment. Prayer by the Kev. Mr. Trawick. The Journal was read. Mr. "Waddell (Mr. Trammell in the Chair) moved a reconsideration of so much thereof as relates to the action of'the Convention in striking out the tenth section of the report of the Committee on Franchise, and gave -notice that if his motion prevailed he should offer "the following as a substitute for said section, to-wit:

White men, only, shall be eligible to any office of trust, honor, or profit, or employment, whether municipal, judicial, or po litical, in this State, and white men, only, shall serve as jurors in the Courts.

Mr. Whiteley called for the previous question, which was sustained.
The main question was put, and Mr. Bullock required the yeas and nays to be recorded thereon.

Those who voted in the affirmative, are Messrs.

Bell of Banks, Gamer oh, Cooper, Cobb of Madison, Crane, Flynn, Foster of Paulding, Griffin,
Harland, Harrison of Ca'rroll,

Houston, Holcombe, Howe, King, Knox, Martin of Calhoun, Stanford, Trammel!,
Waddell.

Those who voted in. the: negative, are Messrs.

Adkins,

Alexander,

.

Andersen,

Ashburn,

Bedford,

Bentley,

Beaird,

Baldwin,

Bell of Oglethorpe,

Bowers, Blodgett, Blount, Bryant, Brace-well, Bi-yson, Bullock, Campbell,
Carson,

CONSTITUTIONAL CONTENTION.

323

Casey, ' Clift, Christian' of Newton, , Chatters, ~ Claiborne, Chambers, Gobb of Houston, Costin, Conley, Crawford, Crayton, Crumley, Cotting, Daley, Dinkins, Dunning," Dunnegan, Edwards, . Ellington, Fort," Gilbert, Goodwin, x- Gove,
Golden, Guilford, Harrison of Hancock, 'Higbee, Higden, Hotchkiss, Hopkins, Hudson, Hutchesou, Jackson, Joiner, Jones, Jordan, Key,

Linder,

Lumpkin,

Madden,

Maddox,

Maull,

.

Mathews, Martin of Car roll, Martin of Habersham, Mcllan, McCay, . Minor, Miller, Moore of White, Moore of Columbia, Murphy,
Neal. Noble,
Palmer, Pope, Prince,
Eeynolds., Eice, Eozar,. Saulter,
Sikes, Seerey, Sherman, Smith of Charltoa, Smith of Coweta, Smith of Thomas, Speer,
Shumate, Stewart, Supple,
Stone, Strickland, Trawick, Turner,
Walton, ' Wallace,. Welch, Whitaker, Whitehead of. Burke, Whitehead of Butts, Whiteley, Williams, Woodey.' '.

There are yeas 19; nays 103. So the motion to recon

sider the tenth section of the report on Franchise did not

prevail.

Mr. Edwards moved to reconsider so much of the

Journal as relates to the action of the Convention in re-

324

JOUKNAL OF THE GEORGIA

gard to the fifth paragraph of the first section of the report of the Committee on Legislative Department.
On this motion Mr. Miller called for the previous question, which was sustained.
The main question was put, and .Mr. Blount required the yeas and nays to be recorded thereon.

Those who voted in the affirmative, are Messrs,

Adkins, Alexander, Anderson,' Ashbum, Bentley, Beaird, Baldwin, Bell of Oglethorpe,
Blodgett,
Bryant, Bullock, Campbell, Casey, Clift, Chatters, v Claiborne, Chambers,. Cobb of Houston', Costin, Conley, Crane, Crayton, Cotting, Dinkins, Edwards, Golden, Guilford, Harrison of Hancock, Higbee, Hopkins, Jackson,-

Joiner,

Jones,

Linder,

Lumpkuij

Madden,

Maddox,

Maull,

Minor,

Moore of Columbia,

Murphy,

Neal,

Noble,

Palmer,

i

Pope,

Prince,

Reynolds,

Kozar,

Sikfis,

Seeley,

Sherman,

Stewart,

Supple,

Stone,

Strickland,

Turner,

Wallace,

Welch,

Whitaker,

Whitehead of Burke,

Whitehead of Bu-tts,

Williams.

Those who voted in the negative,, are Messrs.

.Angier, Bedford, Bell of Banks, Bowden of Campbell, Bowers,

Blount,
Bracewell, Bryson, Carson,
Cameron,

CONSTITUTIONAL CONVENTION".

325

Christian of Newton, Cooper, Cobb of -Madison, Crawford, Crumley, Daley, Dunning, Dunnegan, Eilington, Flymi, Fort, Foster of Paulding, Gilbert, Goodwin, Gove, Griffin, Harland, Harrison of Carroll, , Higdeu, Hotchkiss, Houston, Holcombe, ,- Hooks, Ho we, Hudson, Hutcheson,

Jordan, Key, King, Knox, Lee, Lott, Mathews, Martin of Carroll, Martin of Calhoun, Martin,of Habersham, Mcllan, MoCay, Miller, Moore of White, Saulter, Smith of Gharlton, Smith of Coweta, Smith of Thomas, Speer, / Shumate, Stanford, Trammell, Trawick, Waddell, Whiteley, Woodey.

There are yeas 62; nays 62. The President gave the casting vote in the negative, and the motion to reconsider did not prevail.
Mr. Conley moved the reconsideration of so much of the Journal of yesterday as relates to the action of the Convention on the sixth paragraph of the first section of the report of the Committee on Legislative Department.
The previous question was called and sustained. The main question was put, and the motion to recon sider prevailed. Said paragraph, on motion of Mr.' Conley, was taken up, amended "by striking out the words "vote or" after the word "shall" in the second line thereof, and adopted as amended. The unfinished business of yesterday was resumed, to-wit: the report of the Committee on Legislative De-
22

326

JOURNAL.OF THE GEORGIA

partment--the second section thereof being first in order, a Resolution offered by Mr. Conley at the last adjourn ment pending.
Mr. Ashburu offered the following Resolution:
Resolved, That the second and third sections, as reported by the Committee on the Legislative Department, be referred to a special Committee, appointed by the President, selecting one from each Congressional District, with instructions to report on the 19th inst.
Upon the adoption of the foregoing, Mr. Ashburn called for the previous question.
Mr. Parrott rose to a point of order, assuming that it was not in order for a member to make two motions at the same time.
The. point of order was sustained by the President pro tern.
Mr. Ashburn appealed from the decision, but afterward withdrew his call for the previous question.
After discussion,, the call for the previous question was renewed by Mr. .Whiteley, and sustained.
The main question was put, and the Resolution was adopted.
On motion of Mr. Conley, the Resolution offered by him on yesterday, pending at the time of adjournment, was referred to the Special Committee, to be appointed under the foregoing Resolution of Mr. Ashburn.
Messrs. W'hiteley, Seeley, Edwards, Whitehead of Butts, Hotchkiss, Shropshire, and Elodgett, were an nounced as said Committee.
Upon motion of Mr. Ashburn the Rule was suspended and the subject of Finance taken up.
Mr. Hotchkiss, after a report from Mr. Angier, Dis bursing Agent, offered the following Resolution, to-wit:
Resolved, That the Committee on Finance be authorized to negotiate a loan to defray the expenses of this Convention.

CONSTITUTIONAL CONVENTION.

327

Mr. Saffold moved to amend by providing that the Committee shall not pay more than the legal interest.
Mr. Angler proposed to amend the proviso of Mr. Saffold by providing that said Committee shall not pay more than on: e per cent, per month.
The same was accepted by Mr. Saffold. The previous question was called for and sustained. Mr. Whiteley called for a division of the proposition. The vote was taken first on the proposed proviso of Mr. Saffold, which was lost. The Resolution was then adopted. Mr. Bullock moved a suspension of the Rule for the purpose of offering the fpllowing Resolution, which, prior to action on said motion, was read for the information of the house :
Mesolved, That it is the determination of this Convention to recognize all legitimate indebtedness of the State of Georgia, and we hold that said indebtedness should ever be held sacred.
In this series of obligations we enumerate: First, the entire bonded debt created under Acts of the General Assembly of the State of Georgia before the war; Second, the bonded debt created since 1885.
Provided, However, That no indebtedness (bonds or other,, wise) created by the State of Georgia during the late rebellion,
or indebtedness created during the last two years, for the benefit, directly or remotely, of any interest of the rebel State or Confederate Government, shall in any manner be recognized by the Convention.
Pending the motion for the suspension of the Rule, and at the suggestion of Mr. Miller, Mr. Bullock changed the foregoing proposition to read as follows:
Resolved, That it is the determination of this Convention to recognize all the legitimate indebtedness of the State of Georgia, and we hold said indebtedness should ever be held sacred.
In this series of obligations, we enumerate all the bonded debt of the State issued and negotiated before the 19th day of January, 1861, and since the 1st day of June, 1865.

328

JOURNAL OF THE GEORGIA

Mr. "WMteley called for the previous question on the
motion to suspend the Rule.
The same was not sustained.
The motion to suspend the Rule was lost.
On motion of Mr. Martin, of Habersham, the Itule was
suspended, when he introduced the following Resolution,
to-wit: Resolved, That the Disbursing Agent of this Conveiition be
authorized and required to pay to each member and officer of this Convention, so soon as he may receive a sufficient amount to do so, the sum of fifty dollars.
Mr. Stanford moved to amend the same so as to require
the Disbursing Agent to pay first the expenses of the
Convention for Clerks, stationery, etc. On motion of Mr. Bryant the Resolution and amend
ment were laid on the table. Mr. Higbee, from the Committee on Enrollment, made
the following report, to-wit: Mr. President;
The Committee on Enrollment beg leave to report that the following Resolutions have been regularly enrolled, and are now ready for the signature of the President and attestation of the Secretary, to-\yit:
A Resolution in relation'to the slanderous assertions of A. A. Bradley.
A Resolution to expel Aaron A. Bradley, a delegate to this Convention.
A Resolution to discharge the Committee appointed to in vestigate the charges against A. A. Bradley.
A Resolution to appoint a Committee of seven to prepare a substitute for the thirty-second section of the Bill of Rights.
A Resolution relative to the suit in the Supreme Court of the United States by the State of Georgia.
W. A. FORT, Chairman Committee on Enrollment. The consideration of the report of the Committee on
Legislative Department was resumed, the fourth section
thereof being first in order.

CONSTITUTIONAL CONVENTION.

329

The first,, second, third, fourth, and fifth paragraphs of said section were adopted without amendment.
On motion of Mr. Speer the sixth paragraph of said fourth section was amended by inserting after the word "Representatives," in the second line, the words "and attested by the Secretary of the Senate and the Clerk of the House of Representatives."
On motion of Mr. McCay said paragraph was further amended by inserting after the word " proposed," in the third line, the words "during the same session."
The same as amended was adopted, and is as follows :

All Acts shall be signed by the President of the Senate and the Speaker of the House of -Representatives, and attested by the Secretary of the Senate and the Clerk of the House of Representatives; and no Bill, Ordinance, or Resolution, intended to have the effect of a law, which shall have been rejected by either House, shall be again proposed during the same session under the same or any other title, without the consent of twothirds of the House by which the same was rejected.

Mr. Bell, of Banks, moved to amend the seventh para, graph of the fourth section by striking out from the third line the words "either or both of."
This amendment was withdrawn by the mover, and the said paragraph adopted without amendment.
On motion of Mr. McCay the eighth paragraph was divided so as to act first on that portion ending with the word "concur" in the fifth line.
Mr. Speer proposed to amend the same by striking out all after the word "each" in the second line to the word "House," inclusive, in the fourth line, and inserting in lien, of the words to be stricken out the following: "and as many sub-Clerks as such House may authorize."
This amendment was withdrawn by the mover. Mr. "Whiteley moved to amend said clause of the eighth paragraph by striking from the fifth line thereof the word

330

JOTJBNAL 0? THE GEOEGIA

"two-thirds" and inserting in lieu thereof the words "a majority."
Upon this motion the yeas and nays were demanded. Those who voted in the affirmative, are Messrs.

Alexander, Anderson, Ashburn, Bedford, Bentiey, Beaird, Baldwin, Bell of Oglethorpe, Bcnvden pf Campbell, Blodgett, Bryant,
Bryson, Bull6ck,
Campbell, Casey, Clift, Chatters, Claiborne, Chambers, Cobb of Houston, Costin, Conley, Crane, Orayton s Crumley, Dinkins, Edwards, Goodwill, Golden, Guilford, Harrison of Hancock, Higbee, Hopkins, Howe,

Jackson, Joiner, Jones, Jordan, Linder, Lumpkin, Madden, Maddox,
Maull, Minor, Moore of Columbia, Murphy, Neal, ISToble, Palmer, Pope, Prince, ^Reynolds, , liice, \Rozar, Sikes, Seeley, Sherman,
Speer, Stewart, Supple, Stone, Strickland, Wallace, Whitaker, Whitehead of Bnrke, Whitehead of Butts, Wniteley, Williams.

Those who voted: in the negative, are Messrs.

Adkins,

Angler,

Bell of Banks,

Bowers,

,

Blonnt, .

Bracewell,

Carson,

Cameron, Christian.of Newton, Cooper, Crawford, Getting, Dunning, Dunnegan,

(

; f
| { jt '.

CONSTITUTIONAL CONVENTION.

331

Elliugton, Foster of Paulding, Gilbert, Gove, Griffin, Harrisba of Carroll, Higden, Hotchkiss, . Houston, Holcombe, Hooks, Hudson, Huteheson, Key, King,
Knox, Lee,
Lott,

Mathews, Martin of Can-oil, Martin of Calhoun, Martin of Habersham, McHan, McCay, Miller,
Moore of White, Saffold,
Smith of Charlton, Smith of Coweta, Smith of Thomas, Shumate, Trawick, Turner,
Welch, Woodey.

There are yeas 68; nays 49. So the same was received.

On-motion of Mr. Murphy said clause of the eighth. paragraph was further amended by striking out the word "two-thirds" from the third Hue thereof and inserting the word "majority."
Said, clause, as amended, was adopted. The following communication from Major-General Meade, and accompanying Order, were laid before the Convention by the President :

HEADQUABTERS THIED MILITARY DISTRICT,)

(Dept. of Georgia, Florida, and Alabama),

V

ATLANTA, GA., Feb. 14, 1868. )

Hon. J~. R. Parrott, President Constitutional Gonvention,

Atlanta, G-a.:

SIK : I have the honor to acknowledge the receipt, by the

hands of the Secretary of the Convention, of an official copy

of the Ordinance passed on the 8th inst, to provide the means

for defraying the expenses of the'Convention and the compen

sation of officers and members, and beg leave to enclose here-

tyith a copy of the Order issued by me, approving said Ordi

nance, and directing its enforcement.

Inasmuch as in my judgment the issue of any scrip had better

be superintended by those officers of the State Government con-

332

JOURNAL OF THE GEORGIA

nected with the control of its finances, I have so far modified the Ordinance as to impose upon these.officers the issue of the scrip provided for in sections two (2) and five (5) of the Ordi nance.
Very respectfully, your obedient servant, GEORGE G. MEADE,
Major-Gen. 17. S. A., Comd'g Third Military Dist.
HEADQUARTERS THIRD MILITARY DIST. (Dept. Georgia, Florida, and Alabama), ATLANTA, GA., Feb. 14, 1868.
General Orders, No. 24. I. WHEREAS, The Constitutional Convention of Georgia,
now in session in Atlanta, on the 8th day of February, 1868, enacted the following Ordinance: AN ORDINANCE to- procure the means of defraying the ex
penses of this Convention, and the compensation of officers and members. Section 1. He it Ordained 5y the people of Georgia, in Con vention assembled, That an Ordinance of this Convention, passed on the 20th day of December, in the year 1867, entitled "An Ordinance to,levy and collect a tax to pay the delegates and officers connected with the Convention, as well as all other incidental expenses," except the second section thereof, is hereby rescinded, and the following is ordained in lieu thereof, to-wit: That it shall be the duty of the Comptroller General of the State of Georgia to levy and assess a tax of one-tenth of one per cent, on all the taxable property of this State, as returned upon the digests for the year 1867, for the purpose of defraying the expenses of this'Convention, and the compensation of officers and members thereof; and it shall be the duty of the Tax Col lectors in the several counties of this State to collect the tax so assessed, and to pay the same to the Comptroller-General on or before the first day of May, 1868. And it shall be the duty of the several Tax Collectors to issue executions against all per sons subject to taxation under this Ordinance whose tax is unpaid, after twenty days' notice to pay it, for the amount of tax due by them, and fifty per centum thereon and all costs j and of Sheriffs and Constables to levy and sell under such exe cutions, and to return the proceeds to the Tax Collectors as soon as the same can be done under the provisions of existing laws.

CONSTITUTIONAL CONVENTION.

Sec. 2. Be, it further Ordained, That any scrip which may

be issued by the authority of this Convention for the purpose

aforesaid, shall be receivable by the Comptroller General from

the Tax Collectors in payment of the tax aforesaid.

Sec. 3. J3e it .further Ordained, That the Tax Collectors

shall receive the same per cent, for collecting the tax aforesaid

as they are now allowed by law for collecting the State tax.

Sec. 4. Be it further Ordained, That the Comptroller-

General shall issue to the Tax Collectors all necessary orders

for the collection and payment of the tax aforesaid; which

orders shall be binding upon said Tax Collectors.

Sec. 5, Be it further Ordained, That the moneys and scrip

received by the Comptroller-General under this Ordinance be

paid by him into the Treasury of this State, to be disposed of

as this Convention shall hereafter direct.

II. Therefore, By virtue of the plenary powers vested by

the Acts

of

Congress 3

in

the

Commanding O

General

of the Third

Military District, it is ordered, that all of said Ordinance,

except what is Contained in sections two and five, is approved,

and directed to be carried into execution; and it is hereby

enjoined on the Provisional Governor, Comptroller-General, and

Secretary of State, Tax Collectors, Sheriffs, and all others, to

give due and prompt respect to the requirement of this Order,

and to the collection of the special tax provided for in the

aforesaid Ordinance.

III. In lieu of sections two and five of the aforesaid Ordi

nance, the Provisional Governor of the State is herewith

authorized to issue, in advance of the collection of- the special

tax, scrip in such sums as may be deemed the most convenient,

and not to exceed in amount Fifty Thousand Dollars.

IV. The scrip herein authorized to be issued, shall be made

receivable in payment of the special tax; shall be paid out of

the Treasury only for the pay and expenses of the Convention;

and so much as shall not be received in payment of the special

tax shall be redeemed out of the proceeds of said special tax,

when collected.

By order of Major-General MBADB.

R. C. DRUM,

Official:



Assistant Adjutant General.

R. C. DKUM, A. A. G.

The Convention, on motion, adjourned until 9|- o'clock a. m., Monday.

334

JOURNAL OP THE GEOBGIA

Atlanta, Ga., Monday, February 17, 1868.
The Convention met pursuant to adjournment. Information having been received of the absence of the President, Mr. Conley was, on motion of Mr. Miller, called to the1 Chair. The Convention was called to order by the temporary Chairman, and prayer was offered by the Chaplain. Mr. Miller moved that the Convention proceed to the election of a President pro tern. The motion prevailed, and. the Hon. J. L. Dunning was elected to that position by acclamation, and took the Chair. The Journal was read. Mr. Miller moved the reconsideration of so much thereof as relates to the action of the Convention in adopting the following amendment to the sixth paragraph of the fourth section of the report of the .Committee on Legislative Department, to-wit: The insertion after the word "Representatives," in the second line, the words "and attested by the Secretary of the Senate and the Clerk of the House of Representatives." The motion prevailed, the said amendment was stricken out, and the paragraph adopted as amended. Mr. Adkins moved the reconsideration of so much of the Journal as relates to the action of the Convention in amending and adopting the eighth paragraph and fourth section of said report, and gave notice that, if his motion prevailed, he would propose to amend by striking out all after the word "House," in the fourth line, and inserting in lieu thereof the following, to-wit:
The per 'diem pay of members shall not exceed four dollars in specie, or its equivalent, and ten cents per mile going and coming once to the House of Assembly, for travelling expenses.
The motion of Mr. Adkins did not prevail.

CONSTITUTIONAL CONVENTION.

835

The unfinished business of Saturday was resumed, towit: the report of the Committee on Legislative Depart ment, "the ninth paragraph of the fourth section being first in order.
Said ninth paragraph was adopted without amendment.
Mr. Speer move.d to am end .the tenth paragraph of said section by striking, out all between the word "election," in the eleventh line, to the word "vote," inclusive, in the thirteenth line.
This amendment was withdrawn by the mover, and the tenth paragraph was also adopted without amendment.
On -motion of Mr. Higbee, the first paragraph of the fifth section was amended by striking out the last "the," in the first line, and inserting "this."
Mr. "Whiteley moved to further amend said paragraph by substituting the word "enact" for the word "make," in the first line, and by striking out the words "and ordi nances," in the same line.'
This amendment was withdrawn by the mover, and the paragraph adopted as amended.
Paragraph second, of the fifth section, was adopted without amendment.
On motion of Mr. Bedford, paragraph third, of the fifth section, was stricken out.
Mr. Bedford moved to strike out the whole of para graph four, of the fifth section.
Mr. Miller moved to amend the same by inserting the following after the-word "power," in the first line, to-wit: "By a vote of two-thirds of both branches;" and after the word "charter," in said line, insert the word "hereafter."
Mr. McCay proposed to amend the same ,by adding thereto the following, to-wit: "And regulate, by law, the rates and charges of railroads, bridges, ferries, and turn pikes."

336

JOURNAL OF THE GEORGIA

Mr. Crane offered the following as a substitute for the

paragraph, as reported, and the pending amendments, to-

wit:

The General Assembly shall have power to regulate, by law, all freights, tolls, and charges of all chartered companies and

corporations in this State.

Mr. Bedford moved the indefinite postponement of "the

original paragraph, the pending amendments, and pro

posed substitute.

Mr. Ashburn called for the previous question, which

was sustained.

Mr. Bedford, by consent, withdrew his motion to in

definitely postpone.

The main question was put, and the substitute of Mr.

Craiie, the amendment of Mr. McCay, and the amend

ment of Mr. Miller were lost.

The question recurring on the motion of Mr, Bedford

to strike out said paragraph, the yeas and nays were de

manded.

'

. Those who voted in the affirmative, are Messrs.

Adkins,

Alexander,

Anderson,

Angler,

Ashburn,

Bedford,

Bentley,

Beaird,

Bell of Oglethorpe,

Bell of Banks,

Blodgett,

Bigby,



Blount,

Bryant,

Bryson, '

Bullock,

Campbell,

Carson,

Casey,

Chatters,

Claiborne,

Chambers,

Cooper,

Cobb of Houston,

Costin,

Conley,

Crane,

Crawford,

4

Crayton,

Getting,

Baley,

Dirikins,

Dunning,

Flynn,

Golden,

Guilford,

Harland,

Harrison of Carroll,

Harrison of Hancock,

Higden,

Hotchkiss,

Hopkius,

CONSTITUTIONAL CONVENTION.

337

Jackson,

Saulter,

- Joiner,

Sikes,

Jones,

.

Smith of Charlton,

Jordan,

.

. Smith of Thomas,

Knox,

,,

Speer,

binder,

Sfaumate,

Lumpkin,.

Stewart,

Madden,

Stanley,

Maddox,

Stone,

Maull, . .

Strickland,

Moore of Columbia,

Trawick,

Murphy,

Wallace,

Palmer,

Welch,

Pope,

Whitaker,,

Prince,

Whitehead of Burke,

Reynolds,

Whiteley,

Rice,

Williams,

Rozar,

Woodey.

Those, who voted in the negative, are Messrs.

Bowden of Campbell,

Hutcheson,

Bowers,

Key,

Burnett,

Lee,

Cameron,

, Lott,

Caldwell, .

Mathews,

JJunnegah,

Martin of Garroll,

Edwards,

Martin of Calhoun,

Ellington,

Martin of Habersham,

Fields,

McCay,

Fortf

McH|n,-

Foster of Paulding,

Minor,

Gilbert,

Miller, .

Gov.e,

Moore of White,

Griffin,

. Smith qf Coweta,

Higbee,

Shropshire,

Houston,

Stanford,

Holcombe,

Trammel!,

Hooks,

Waltojn,

Howe,

Whitehead of Butts.

Hudson,

There are yeas 78; nays 39. So the fourth paragraph

of the fifth section was stricken out.

Mr. Higbee moved to amend the first paragraph of the

sixth section by. substituting for the words "published

from time to time" the words "attached to, and published

with the laws after each regular session of the General

Assembly."

The same was lost.

S38

JOURNAL OF THE GEORGIA

Said first paragraph of the sixth section was then amended, on motion of Mr. McCay, by adding thereto the following: "And with the laws passed by each session of the General Assembly."
The same was adopted as amended, and is as follows, to-wit:

No money shall be drawn from the Treasury except by appro priation m 'de by law, and a regular statement and account of the receipt and expenditure of all public money shall be pub lished from time to .time, and with the laws passed, by each session of the General Assembly.

Mr. Conley proposed to amend the second- paragraph of section six by inserting after the word "person," in the first line, the words "or religious body."

Mr. Miller offered to amend said paragraph by inserting after the word "of," in the first line, the words "any religious body, nor in favor of."

The same was accepted by Mr. Conley, and afterwards

withdrawn.

_,

Mr. Bullonck offered the following as a substitute for

the original paragraph and proposed amendments, to-wit:

No vote, law, or order shall pass, granting a donation or gra tuity in favor of any pel-son, corporation, or association.
The same was not adopted. Mr. McCay proposed to amend said paragraph by adding thereto the following, to-wit: "oSTor to any secta rian corporation or association at all."
The same was received, the paragraph adopted as amended, and is as follows, to-wit:
No vote, resolution, law, or order shall pass, granting a do nation or gratuity in favor of any person, except by the con currence of two-thirds of each branch of the General Assembly, nor to any sectarian corporation or association*at all.

On motion of Mr. Higbee, the third paragraph of the

CONSTITUTIONAL CONVENTION.

339

sixth section was" amended by substituting the word

"amended" for the word "annulled," in the first line

thereof,

..

The same was further amended, -on motion of Mr.

McCay, by adding thereto the following, to-wit: "But

this .clause shall be construed as directory, only, to the

General Assembly."

Mr. Higbee moved to amend said paragraph, as

amended, by adding to it the following, to-wit:

And it shall be the duty of the General Assembly, in amend ing any .article or section of an approved Code of Laws of this State, to enact the same as the said article or section would read, when amended; and whenever the General Assembly shall enact any public general law, not aniendatory of any sec tion or article in the said Code, it shall be the duty of the General Assembly to enact the same in articles and sections in the same manner as the said Code may be arranged, and to provide for . the publication of all additions and alterations which may be made to,the said Code.

This amendment was not received.

Said paragraph was then adopted, as amended, and is

as follows, to-wit:

.'

No law or section of the Code shall be amended or repealed by mere reference to its title or to the number of the section in the Code, but the amending or repealing act shall distinctly and fully describe the law to-be amended or repealed, as well as the alteration to be made; but this clause shall be construed as directory, only, to the General Assembly.

Leave of absence was granted Mr. Sherman on account of sickness.
The Convention adjourned until 9f o'clock a. m., to morrow.

340

JOURNAL OF THE GfEORGIA

Atlanta, Ga., Tuesday, February 18, 1868.
The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. On motion of Mr. Hotchkiss, the Rule was suspended, when he offered the following Resolution, which was taken up and adopted:
Hesolved, That a Committee of three be appointed to wait upon the Provisional Governor, now -in this city, and tender to him an invitation- to visit the Convention at His pleasure.
The following Committee'was appointed by the Presi dent under the foregoing Resolution, 'to-wit:. Messrs. Hotchkiss, Edwards, and Fort.
Mr. Maddox moved a suspension of the Rule for the purpose of offering the following Resolution, to-wit:
Resolved, That the roll of the members shall be called every morning before the reading of the Journal, and that the Secre tary shall mark the absentees.
Hesolved, further, That no member of this Convention shall, while absent on his own business, receive any pay per diem, sickness and other Providential causes alone excepted.
The motion to suspend.the Rule did not prevail. The consideration of the unfinished business of yester day was resumed, to-wit r the report of the Committee on Legislative Department, the fourth paragraph of the sixth section being first in order. Mr. Conley moved to amend said paragraph by substi tuting the word "majority" for the word "two-thirds," in the fourth line thereof. Mr. Higbee moved to amend by substituting for "twothirds" "three-fifths." Mr. Blodgett called for a division of the question by taking the vote, first, on the motion to strike out.

CONSTITUTIONAL CONVENTION.

341

The -motion to strike out prevailed; the motion of Mr.

Higbee to insert "three-fifths" was lost, and the proposi

tion of Mr. Conley to fill the blank with "a majority" was

received.

>.

Mr. Gonley moved to amend the same by inserting after

the word "City," in the fifth line, the words "voting at

said election;"

The same prevailed.

Mr. Saifold offered the following as a substitute for said

paragraph, as amended, to-wit:

No law shall be passed by which, a citizen shall be compelled, directly or indirectly, to become individually a stockholder in, or contribute to any railroad or work of public,improvement; but the General Assembly may permit the corporate authorities of a corporate town or city to take stock in, or make contribu tion to any railroad or work of public improvement, or engage in such work, after a majority of the qualified voters of such town or city shall, at any election held for the purpose, have voted in favor of the same, but not otherwise.

The substitute of Mr. Saffold was lost, and the fourth

paragraph of the sixth section adopted as amended, and

is'as follows, to-wit:

"No law shall be passed by which a citizen shall be compelled, against his consent, directly or indirectly, to become a stock holder in, or contribute to any railroad or work of public im provement, except in the case of the inhabitants of a corporate town or city. In such cases the General Assembly may permit the corporate authorities to take such stock, or make such con tribution,' or engage in such work, after a majority of the qualified voters of such town or city voting at said election shall, at any election held for the purpose, have voted in favor

of the same, but not otherwise.

On motion of Mr. McCay, paragraph five of section six

was taken up by sentences. Mr. Bedford proposed to amend the first sentence of

said paragraph as follows, to-wit: Strike out the word

"no" after the word "have," in the first line; in the first

342

JOURNAL OF THE SEORGIA

and second lines, strike out the words "to private compa nies, except;" insert.after the word "companies," in the third line, the following, to-wit:
For the period of twenty years, or less, and, at the expira tion of such charters, may extend or repeal where the compa nies are not actually proceeding to carry their charters into effect within two years after their being granted, or modify them as the public interest may require; and their accommoda tion for all shall be equal.
The same was withdrawn by the mover, and said first sentence was adopted without amendment.
Mr. Whiteley moved to amend the second sentence of said fifth paragraph by substituting the word "Bank" for the word "Company," in the first line thereof.
Mr. Miller called for the previous question, which was sustained.
Mr. Conley required a division of the question. The vote was taken, first, on the motion to strike out the word "Company." This motion prevailed. The vote was then taken on the motion to fill the blank with the word "Banks," which also prevailed. The said second sentence was then adopted as amended. Mr. Welch offered the following, to be inserted as an independent sentence after the second sentence in the fifth paragraph of the sixth section, to-wit:

The General Assembly shall pass no usury laws, but, in all cases where no rate of interest is mentioned, it shall be seven per cent.
Mr. Angier proposed the following as a substitute for the foregoing, which was accepted by Mr. "Welch, to-wit:
There shall be no usury laws in Georgia, but the rate of interest shall be that mentioned in the face of the note: Pro vided, when no rate is mentioned, the legal rate of interest shall be seven per cent, per annum.

CONSTITUTIONAL CONVENTION.

343

Mr. Blount called for the previous question, which was

sustained.

The question was. put, and the yeas and nays were re

quired to recorded.

Those who voted in the affirmative, are Messrs.

. Adldns, Alexander, Angler, Ashburn,
Beaird, Baldwin,
Blodgett, Bullock, Campbell,
Casey, Clift,
Glaiborne, Cobb of Madison, Costin, Conley,
Cotting, Dunning, Gibson, Gilbert, Goodwin,
Gove, Golden, Guilford, Harrison of Carroll, Harrison of Hancock, 'Higbee,

Hopkins,
Hudson, Jones, Madden, Maull,
Martin of Habersham, McIIan, Minor, Miller,
Murphy, Neal, Palmer,
Pope, Prince, Rice, Sikes,
Speer, Stone, Trammell, Wallace,
Waddell, -Welch,
Whitehead of Burke, Williams,
Wooten.

Those who voted in the negative, are Messrs.

Anderson, Bedford, Bell of Oglethorpe, Bell of Banks,
Bowden of Campbell, Bowers, Bigby, Blount, Bryant,
Brown, Bracewell, Bryson, Burnett, Carson,

Cameron,
Christian of Newton, Chatters, Cooper,
Cobb of Houston, Crane,
Crawford, Dinkins,
Dunnegan, Edwards, Ellington,
Fields, Fort, Foster of Paulding,

344

JOURNAL OF THE GtEOKSIA

Griffin, Harland, Harris of Newton, Higden, Hotchkiss, Houston, Holcombe, Hooks, Howe, Hutcheson, Jackson, Joiner, Key,
Knox,
Lee, Linder, Lott,
Lumpkin, Maddox, Mathews,

Martin of Carroll, Martin of Calhoun, McCay, Moore of White, Moore of Columbia, Saffold, Saulter, Seeley, Smith of Charlton, Smith of Coweta, Smith of Thomas, Shropshire, Shumate,
Stanford,
Supple, Stanley, Trawick,
Whitaker, Whiteley,
Woodey.

There are yeas 51; nays 68. So the same was not

adopted.

Mr. Gonley moved to amend the third sentence of the

fifth paragraph of. the sixth section by adding after the

word "stockholders," in the eighth line of said paragraph,

the words "not exceeding double the stock held by them."

Mr. Whiteley moved to strike out the whole of said

sentence.

Mr. Hotchkiss called for the previous question, which

was sustained.

The main question was put, and the amendment pro

posed by Mr. Conley adopted.

The vote was then taken on the motion of'Mr. White-

ley to strike out the whole sentence, which prevailed.

Mr. McCay offered the following as an additional sen

tence, to-wit:

The General Assembly shall grant no charter exempting the

property of the Company from taxation, nor to any railroad,

without reserving the right to permit said road to be crossed

by other railroads, or other roads to be built within at least ten

miles in the same general direction.

CONSTITUTIONAL CONVENTION,

345

Mr. Conley required a division of the proposition, so as to act, first, on that part which terminates with the word "taxation."
Mr. Bryant moved to amend by inserting after the word "charter" the words "except to manufacturing com panies and institutions of learning."
The same was received. Mr. .Miller called for the previous question, which was sustained. The main question was put, and the first clause, as amended, was lost. The vote was- then taken on the remainder of the proposition, which was also lost. Mr. Bell, of Banks, proposed to amend the fourth- sen tence of the fifth paragraph of the sixth section by sub stituting the words "a majority" for the word "twothirds," in the eleventh line. The same was received. Said sentence was further amended, on motion of Mr. 'White]ey, by inserting after the word "lien," in the thirteenth line, the words "except to laborers." The sentence was adopted as amended. Leave of absence was granted Messrs. Bentley and Hopkiqp, on important business, and to Messrs. Smith of Charlton, McWhorter, and Bowden of Monroe, on account of sickness of themselves or families. Mr. Martin, of Habersham, offered the following Reso lution, which was taken up, read, and agreed to, to-wit :
Resolved, That the Disbursing Agent of this Convention pay pro rata, from, time to time, to the members and officers, and to the contingent expenses of the Convention, such sums of money as he may receive frcm loans or other sources, for the use of this Convention, upon receiving from such party inter ested a proper voucher for such payments.
The Convention, on motion, adjourned until 9J o'clock a. m., to-morrow.

346

JOURNAL OF THE GEORGIA

Atlanta, Ga., Wednesday, February 19, 1868.

The Convention met pursuant to adjournment.

Prayer by the Chaplain.

The Journal was read.

Mr. Conley moved a reconsideration of so much thereof

as relates to the rejection of the amendment of Mr. "Welch,

reported yesterday, on the subject of usury.

The motion did not prevail.

On motion of Mr. Speer, the Rule was suspended,

when he offered the following Resolution, which was

taken up and agreed to, to-wit:

Resolved, That a Committee of three be appointed by the

President, to wait on Captain C. F. Rockwell, Provisional

Treasurer of this State, and tender him a seat in this Hall,,

during his temporary sojourn in this city.

The President appointed the following gentlemen as

said Committee, to-wit: Messrs. Speer, Higbee . and

Chambers.

The Rule was suspended, on motion of Mr. Griffin,

when he offered the following Resolution, which was

taken up, to-wit:

Resolved, That from and after this date, the hours of meet

ing of this Convention shall be 9 o'clock a. m. and 2-} o'clock p. m.j and of adjournment 1 o'clock p. m. and 5 o'clock p. m.

Mr. "Whiteley moved to lay said Resolution on the

table. Upon this motion, the yeas and nays were required

to be recorded.

Those who voted in the affirmative, are Messrs.

Akerman,

. Claiborne,

Alexander,

Chambers,

Angier,

Cobb of Houston,

Ashburn,

Costin,

Bedford,

Crumley,

Bowclen of Campbell,

Cotting,

Bryant,

Dunning,

Campbell, ,

Edwards,

Carson,

Ellington,

Casey,

Port,

Caldwell,

Gilbert,

Chatters,

Golden,

CONSTITUTIONAL CONVENTION.

347

Guilford,

Eeynolds,

Harrison of Hancock,

Eiee,

' Higbee,

Saffold,

Higden,

Sikes,

Ho we,

Smith of Coweta,

Hudson.,

Shumate,

Jackson,

Stewart,

. Joiner, .

Supple,

Xnox,

Stone,

Lirider,

"Strickland,

Maddox,

.

Walton,

Martin of Carroll,

Wallace,

Minor,

Whitaker,

Miller,

Whitehead of Burke,

Noble,

Whitehead of Butts,

Palmer,

Wbiteley,

Pope,

Williams.

Prince,

Those who voted in the negative, are Messrs.

Adkins,

Houston,

Andersen,

Hopfcins,

Bell of Oglethorpe,

Hooks,

Bell.of Banks,

Hutcheson,

, Bowers,

Jones,

' Blodgett,

Key,

Bigby,

King,

Blount,

Lee,

Brown,

Lott,

Bracewell,

Lumpkin,

Bryson,

Martin of Calhoun,

Burnett,

Martin of Habersham.,

Cameron,

McHan,

Oift,

McCay,

Christian of Newton,

Moore of White,

Cooper,

Moore of Columbia,

Cobb of Madison,

Murphy,

Conley,

Neal.

Crawford,

Potts,

Crayton,

Eozar,

Dinkins,

Saulter,

Dunnegan,

Seeley,

Fields,

Smith of Charlton,

Foster of Paulding,

Smith of Thomas,

Gibson,

Speer,

Goodwin,

Stanford,

Gove,

Trammell,

Griffin,

Trawick,

Harris of Newton,

Welch,

Harrison of Carroll,

Woodey.

HotehkisSj

Wooten.

348

JOUENAL OF THE 9EOKSIA .

There are yeas 59: nays 62. So the motion to lay said Resolution on the table did not prevail.
Mr. Bedford offered the folloAving as a substitute there for :
Resolved, That the hours of meeting and adjournment shall be 9 a. m. and 2 o'clock p. m.
Mr. Conley moved to amend the Resolution of Mr. Griffin by striking out 2 o'clock p. m. and inserting 3 o'clock p. m.
Mr. Bryant moved to lay the whole subject-matter on the table, which prevailed.
The unfinished business of yesterday was resumed, to-wit: the fifth sentence of the fifth paragraph and sixth section of 'the report of the Committee on Legislative Department.
Mr. Ashburn moved to strike out the whole of said sentence.
The same was lost. Mr. Whiteley moved to amend, by striking out all between the word "shall," where it first occurs, in the fifteenth line, and the word "provide," in the same line.
The motion prevailed, and the sentence, as amended, was adopted.
Mr. Bedford moved to amend the sixth sentence in said paragraph, by adding the following thereto, to-wit:

The General Assembly shall, at their first session after the adoption of this Constitution, enact such laws as will compel all common, carriers to provide equal accommodations for all persons, without discrimination.

The same was ruled out of order, because not germain to the subject.
On motion of Mr. Miller, the word "this" was substi tuted for the word ''the," before "Constitution'," at the end of said sentence.

CONSTITUTIONAL CONVENTION.

349

On motion of Mr. MeCay, the same was further amended, by inserting after the word "money," in the seventeenth line, the words "or contract any debt."
Mr. McCay proposed to , amend further, by inserting after the word "defense," in the eighteenth line, the words "to raise a Common School fund, and'for public improve ments."
Mr. Bryant proposed to amend, by inserting after the word "money," in said eighteenth line, the words "inter< nal improvements and educational interests."
Mr. McCay accepted the same, as a substitute for his proposed amendment, and moved to amend said substi tute, by adding thereto the following: "and charitable institutions under the superintendence of the. State." The same was accepted by Mr. Bryant, and reads, "inter nal improvements, educational interests, and charitable institutions under the supervision of the State."
The same was adopted. On motion of Mr. Whiteley, the whole sentence was stricken out. The seventh sentence was adopted without amendment. On motion of Mr. Bryant, the whole of the eighth sen tence was stricken out. Mr. Bedford offered the following, as an additional sen tence to said fifth paragraph, to-wit :
The General Assembly shall, at their first session after the adoption of this Constitution, enact such laws as will compel all common carriers to provide equal accommodations for all persons, without discrimination.
Mr. King offered the following, as a substitute for the foregoing, to-wit:
The General Assembly shall pass no law abridging the right of public carriers to discriminate as to the rates and classifica tion of freights, as well as to the classification of individual passengers.

350

JOURNAL OP THE GEORGIA

Mr. Whitely moved tli'e reference of the proposed sen tence and substitute to the Committee on Bill of .Rights, with instruction to report the following as an addition to the second section of the Bill of Eights, to-wit:

And it shall be the duty of the General Assembly to enforce, by appropriate legislation, the provisions of this section.

The motion to refer did not prevail. Mr. Akerman moved to amend the substitute of Mr. King, by adding thereto, the following, to-wit: "but com mon carriers shall be compelled to provide accommoda tions equally good for all passengers who pay the same fare, and that this provision shall not be construed to require such carriers to convey passengers who are guilty of disorderly behavior." A division of the question was required by Mr. Camp bell and Mr. Conley, so as to take the vote on the substi tute and amendment separately. Mr. Smith, of Coweta, moved that the whole subjectmatter be laid on the table. Upon this motion the yeas and nays were required to be recorded.

Those who voted in the affirmative, are Messrs.

Akerman,

Angler,

Bell of Banks,

Bowden of Campbell,

Bigby,

Blount,

Brown,

Bracewell,

Bryson,

Buchan,

Burnett,

Carson,

Cameron,

Christian of Newton,

Chambers,

'

Cooper,

Crane,

Crawford,

Getting,

Dunnegan,

Fields,

-Frynn,

-

Foster of Paulding,

Goodwill,

Gove,

Griffin,

Harris of Newton,

Harrison of Carroll,

Higden,

Hotchkiss,

Houston,

Holcombe,

Hooks,

Howe,

CONSTITUTIONAL 'CONVENTION.

351

Hudson,

'

Hutcheson,

Jordan,

Key,

King,

,..

Kno*x,

Lee, "

Lott,;

Maddox,

/

Martin of1 Carroll,

Martin of; Calhoun,

Martin of Habershara, Mathews,

McCay,

Minor, '

Miller,

Moore of White,

Neal, Saffold, Saulter, Smith of Charlton, Smith of Coweta, Smith of Thomas, Speer, Shropshire,
Shumate, Stanford, 'Stanley.
Trammel!, Waddell, Welch, Whiteley, Woodey.

Those who voted in- the negative, are Messrs.

Adking,

Alexander,

Anderson,

Ashb.urn,

Bedford,

Beaird,

Bell of Oglethorpe,

Bowers,

Blodgett,

Bryarit,

Bullock,

Campbell,

Casey,

Clift,

Chatters,

'

Claiborne,

Cobb of Houston, K

Costin,

Conley,

. Crayton,

Orumley,

Daley,

Dinkins,

Dunning,

Bllington,

Gilbert,

Golden,

Guilford,

Harrison of Hancock,

Higbee,

Hopkins, Jackson, Joiner,
Jones,
. Linder, Lumpkin,
Madden, McHan, Moore of Columbia, Murphy, Noble, Palmer, Pope, Potts,
Prince, Eeynolds,
Rice, Eozar, Sikes,
Seeley,
Stewart, Supple, Stone, Strickland, Walton, , Wallace, ' Whitaker, Whitehead of Burke, Whitehead of Butts, Williams.

352

JOURNAL OF THE GEORGIA

There are yeas 67; nays 60. So the motion to lay on the table prevailed.
Mr. Angier proposed the following, to be known as paragraph four of the fifth section:
The rate of interest in this State shall be that mentioned in the contract; but, if the contract specifies no rate of interest, the legal rate of interest shall be seven per cent, per annum; Provided, That the General Assembly, by a vote of two-thirds of both branches, may change or modify this section.
Pending action on said proposed paragraph, Mr. Miller moved a suspension of the Rule, for the introduction of the following Resolution, to-wit:
Resolved, That the Disbursing Agent be authorized and instructed to pay to the Journalizing Clerk the sum of one hun dred and twenty dollars; to each of the other officers and members the sum of sixty dollars; to the Pages and other employees of the Convention; for printing, and upon account for incidental expenses, such sums as the Auditing Committee shall direct.
The motion to suspend the Rule prevailed. Mr. Miller moved that the Resolution, adopted yester day, relative to the disbursement of funds by the Disburs ing Agent, be rescinded. The motion prevailed. The foregoing Resolution of Mr. Miller was taken up and amended, on his motion, by providing that the amount due the Honorable 0.' C. Richardson, to the date of his decease, be paid by the Disbursing Agent. Mr. Martin, of Habersham, proposed to amend, by striking out "sixty dollars" and inserting "seventy-five dollars." Mr. Ashburn moved to amend further, by inserting after the word "members" the word "present." Mr. Trammell proposed to amend the amendment of Mr. Ashburn, by adding, "or absent on leave from the Convention."

CONSTITUTIONAL CONVENTION.

353

The amendment to the amendment was received, and the same, as amended, was adopted.
Mr. Trammell proposed to amend, by instructing the Committee on Printing to discontinue the publication of the daily* proceedings of the Convention in the daily papers of this city.
Upon this motion >he required the yeas and nays to be recorded.

Those who voted in the affirmative, are Messrs.

Adkins,

Akerman,

Anderson,

Bell of Banks,

Bowers;

Bigby,

Blouat,

Brown,

Bryson,

Burnett, '

Gameron,

Costin,

Crane,

Dunnegan,

Fields,

riynn,

Poster of Paulding,

Griffin,

Harrison of Carroll,

Higbee,

.

Higden,

Houston,

Holcombe,

Hooks,

Howe,
Hutclieson, Jones,
Key, King, Lee, Lott, Maddox, Mathews, Martin of Carroll, Martin of Calhoun, McHan, Moore of White, Neal, Palmer, Saulter,
Smith of Coweta, Smith of Thomas, Shropshire, Stanford, Trammell,
Trawick, Waddell,
Woodey.

Those who voted in the negative, are Messrs.

Alexander, Angler, Ashbnrn,
Bedford, Beaird, Bell of Oglethorpe, Bowdea of: Campbell, Blodgett, . Bryant, Bracewell,

Buchan, Bullock, Campbell, Carson, Casey, Caldwell, Clift, Christian of Newton, Chatters, Claiborne,

354

JOTJSIfAL OF THE GEOBGIA

Chambers, Cobb of Houston, CorJey, Crawford, Crayton, Cvumloy, Getting, Daley, Dinkins, Dunning, Edwards, Ellington, Gilbert, Goodwin, Gove, Golden, Guilford, Harris of Newton, Harrison of Hancock, Hotchkiss, Hopkins, Hudson, Jackson, Joiner, Jordan, Knox, Linder, Lumpkin, Madden, Martin of Habersham,

Minor, Miller, Moore of Columbia, Murphy, Noble," Pope, Potts, Prince, Reynolds, Bice, Kozar, Saffold, Sikes, Seeley, Speer, Shuiiiate, Stewart, Stanley, Stone, Strickland, Walton, Wallace, Welch, Whitaker, Whitehead of Burke, Whitehead of Butts, Whiteley, Williams, Wooten.

There are yeas 48; nays 79. So the amendment was not received.

The question recurring upon the amendment of Mr. Martin, of Habersham, to strike out "sixty dollars" and insert "seventy-five dollars," the same was adopted.

The Resolution of Mr. Miller, as amended, was adopted, and is as follows, to-wit:

Resolved, That the Disbursing Agent be authorized and in structed to pay to the Journalizing Clerk the sum of one hun dred and twenty dollars; to each of the other officers and members present, or absent on leave from the Convention, the sum of seventy-five dollars; to the Pages and other employees of the Convention; for printing, and upon account for inci-

CONSTITUTIONAL CONVENTION.

355

dental expenses, such sums as the Auditing Committee shall direct; and shall pay the amount due the late Honorable 0. C. Richardson, to the date of his deceases

Mr. Akerman offered the following Resolution, which was adopted, to-wit:

Resolved, That the compensation due to the late Mr. Rich ardson be paid by the Disbursing Agent to Mr. Bryant, of Eichmond, who is hereby instructed, after paying out of said money such lawful demands as may exist here against said deceased, to pay the residue to the mother of the deceased.

Leave of absence was granted Messrs. Stanford and Cooper, for three days, on important business.

Mr. Higbee, from the Committee on Enrollment, made

the following report, to-wit:

'

Mr. President:

The Committee on Enrollment beg leave to report that the following Resolutions have been regularly enrolled, and are now ready for the signature of the President and attestation of the Secretary, to-wit:
A Resolution to authorize the Committee on Finance to nego tiate a loan.
A Resolution to refer sections two and three of the report of the Committee on the Legislative Department to a Special Committee.
A Resolution to print the memorial of Honorable 0. C. Rich ardson.
A Resolution appointing a Committee to invite Governor Kuger to visit the Convention; also,
A Resolution to invite Captain C. F. Rockwell, Provisional Treasurer of Georgia, to visit the Convention,
W. A. FORT, Chairman of the Cominitte on Enrollment.

On motion of Mr. Blodgett, the Rules were suspended, when he offered the following Preamble and Resolutions, which were taken up and agreed to, to-wit:

WHEREAS, the Convention has determined that there shall be no imprisonment for debt in this State; and -whereas, creditors

356

JOUBNAL OP THE GEORGIA

are oppressing debtors, by the use of what is known as "Bail Process", and Writs of Ga. Sa. Therefore,
Jtesolved, That, in the opinion of this Convention, said pro ceedings are contrary to the wish of the people of this State.
Hesolved, That the General Commanding this District is hereby requested to protect, by order, the people of this State from the evil above set forth, an'd that such order remain in force until such time as the people have expressed their will in regard to the Constitution.
Resolved, That a copy of this Preamble and Resolutions be transmitted to the Commanding General by the President of this Convention.
The Convention, on motion, adjourned until 9f o'clock
a. m. to-morrow.

Atlanta, Ga., Thursday, February-.2$, 1868. The Convention met- pursuant to adjournment. Prayer by the Bev. Mr. Trawick. Mr. Blodgett, from the Special Committee appointed to consider and report on the subject of Homestead, made the following report--five hundred copies 5f which were ordered to be printed, .and the same made the special order for Monday next, to-wit:
Your Committee, to whom was referred the duty of pre paring a substitute for the thirty-second section of the Bill of Eights, as presented to this body, beg leave to submit the fol lowing :
Each head of a family, or guardian, or trustee of a family of minor children, shall be entitled to a Homestead of Realty to the value of twenty-five hundred dollars in specie, and Personal Property to the value of two thousand dollars in specie--both to be valued at the time they are set apart. And no Court, or ministerial officer of this State, shall ever have jurisdiction or authority to enforce any judgment, fi. fa., decree, or execution against said property so set apart, except for taxes and money borrowed of Building and Loan Associations for improving the

CONSTITUTIONAL CONVENTION.

357

Homestead. And it shall be the duty of the General Assembly,

as early as practicable, to provide by law for the setting apart

and valuation of said property, and to enact adequate laws for

the full and complete protection and security of the same, to

the sole use and behoof of said families as aforesaid. All

property of the, wife, in her possession at the time of her mar

riage, and all property given to, inherited, or acquired by her,

shall remain her separate property, and not liable for the debts

of her husband.

FOSTER BLODGETT, Chairman.

N. P. HOTCHKISS,

J. E. BLOUKT,

SAMUEL F. GOVE,

PI. V. M. MILLER,

W. T. CRANE,

P. B. BEDFORD.

Mr. Higbee, 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 and attestation of the

Secretary, the following Preamble and Resolutions, to-wit:

Preamble and Resolutions in regard to imprisonment for

debt.

W. A. FORT,

Chairman Committee on Enrollment.

The consideration of the unfinished business of yester day was resumed, to-wit: the following, proposed by Mr. Angier, to be known as paragraph four, of the fifth section:
The rate of interest in this State shall be that mentioned in the contract; but if the contract specifies no rate of interest, the legal rate of interest shall be seven per cent, per annum: Provided, That the General Assembly, by a vote of two-thirds of both branches, may change or modify this section.

Mr. McCay rose to a point of order, assuming that the same proposition, in substance, had been previously con sidered and ^-ejected, and that it was legislative in its

character, 24

358

JOURNAL OF THE GEORGIA

The point of order was overruled by the President pro tern.
Mr. McCay appealed from the decision of the Chair, which decision was not sustained.
Leave of absence was granted Messrs. Cobb of Madison* Griffin, and Maull.
Mr. Whiteley, from the Special Committee-, to whom were referred the second and third sections of the report of the Committee on Legislative Department, made the following report, which, on motion, was taken up, to-wit:

REPORT OF THE SPECIAL COMMITTEE ON REPRESENTATION.
To the Convention:
Your Committee have considered the second and third sec tions of the report of the Committee on the Legislative Depart ment, and beg leave to report, and recommend the adoption of the following:
1. The first paragraph of the second section, as reported by said Committee.
2. In lieu of the second paragraph the following:
Par. 2. The Senators shall be citizens of the United States, who have attained to the age of thirty years, and who have been citizens of this State for two years, and for one year resi dent of the District from which elected.
Par. 3. The presiding officer of the Senate shall be styled the President, and shall be elected viva wee-from the Senators elect.
Par. 4. The same as reported by the Committee.
SECTION III.
1. The House of Representatives shall consist of One Hun dred and Seventy-five Representatives, apportioned as follows: To the six largest Counties, to-wit: Chatham, Richmond, Fulton, Bibb, Houston, and Burke, three Representatives each; to the thirty-one next largest, to-wit: Bartow, Columbia, Cobb, Coweta, Clark, Decatur, Dougherty, Floyd^ G-winnett, Greene, Hancock, Harris, Jefferson, Lee, Muscog'ee, Monroe, Merriwether, Morgan, Macon, Newton, Oglethorpe, Pulaski, Ran- . dolph, Sumter, Stewart, Troup, Thomas, Talbot, Washington., Wilkes, and Warren, two Representatives each; and to the remaining ninety-five Counties, one Representative each.

CONSTITUTIONAL CONVENTION.

359

2. The above apportionment may be changed by the General

Assembly after each census by the United States Government,

but in no event shall the aggregate number of Representatives

be increased.

3. The Representatives shall be citizens of the United

States, who have attained the age of twenty-four years, and

who have been citizens of the State for one year, and for six

months residents of the County from which elected.

Par. 4. Recommend the adoption of paragraph three of the

report.

Par. 5. Recommend the adoption of paragraph four of the

report.

Par. 6. Recommend the adoption of paragraph five of the

report.

RICHARD H. WHITELEY, Ch'n.

N. P. HOTCHKISS,

FOSTER BLODGETT,

. *.

W. P. EDWARDS,

W. H. WHITEHEAD,

WESLEY SHROPSHIRE,

ISAAC SEELEY.

Mr. Miller moved that the report be laid on the table,, and five hundred copies thereof printed for the use of the Convention.
This motion was withdrawn by the mover. Mr. Bryant moved to recommit the report under con sideration to the Special Committee, with instructions to report a plan of representation to the General Assembly,, based upon population, giving to the House of Bepresentatives one hundred and sixty-nine members, and to the Senate not more than one-third, nor less than one-fourth of that number. Mr. Miller offered to amend the report of said Special Committee as follows:
The House of Representatives shall consist of eighty-eight members, to be elected by general ticket; but no elector shall be entitled to vote for more than fifty candidates.
Mr. Campbell proposed to amend said reports so that

360

JOURNAL OE THE GEORGIA

there shall he one Representative for every two thousand five hundred persons, and that there shall be twelve addi tional members of the Senate.
Mr. Bryant offered to amend his motion by referring so much of the report as.refers to Senatorial representation back to the Committee, and that they be instructed to report a plan of representation to the Senate, based upon population.
The amendment was received, and, upon the motion to refer, the previous question was called for and sustained.
The main question was put. The motion of Mr. Bryant to refer was lost. The amendments of Messrs. Miller and Campbell were lost. The question of the adoption of the report being sub mitted to the Convention, Mr. Bryant rose to a point of order, assuming that the previous question having been called and sustained'on the motion to refer, did not, in its operation, extend to the question of adopting the report. The point of order was overruled. Mr. Bryant appealed therefrom, and the decision of the Chair was sustained. The report of the Committee was then adopted. The result having been announced, Mr. Bryant rose to a point of order, assuming, as there had been no motion to adopt said report, the vote upon its adoption was 'pre mature. The President overruled the point of order, stating that, as in the regular course of business, the question of adopting the report was pending, it was unnecessary that there should be a motion for its adoption. Mr. Bryant appealed from the decision, which decision was sustained. On motion of-Mr. "Whiteley, the report of the Com mittee on "Legislative Department," as amended and

CONSTITUTIONAL CONVENTION.

361

adopted, was ordered to be printed, and' referred to the Committee on Revision.
Said report, as amended and adopted, is as follows, towit: :

.

'.

SECTION I.

: , 1. The Legislative, Executive, and Judicial Department shall be distinct; and each department shall be confided to a separate body of Magistracy. No person, or collection of persons, being of one department, shall exercise any power properly attached to either of the others, except-in cases herein expressly provided.

2. The* Legislative Power, shall be vested in a General Assembly, which shall consist of a Senate and House of Rep resentatives, the members whereof shall be elected, and the returns of the election made as now prescribed by law, until changed by the General Assembly.

3. The-members of the Senate shall be elected for four years, except that the members elected at the first election from the twenty-two Senatorial Districts, numbered in this Constitution with odd numbers, shall only hold, their office for two years. The members of the House of Representatives shall be elected for two years. The election for members of the General Assembly shall begin on Tuesday after the first Monday in November of every second year, except the first election, which, shall be within ---- days after the adjournment of this Con vention; but the General Assembly may, by law, change the day of election, and the members shall each hold until their successors are elected and qualified.

4. The first meeting of the General Assembly shall be within ---- days after the adj ournmen.t of this Convention, after which it shall meet annually on the second Wednesday in Jan uary, or on such other day as the General Assembly may pre scribe. A majority of each House shall constitute a quo-rum to transact business, but a smaller number may adjourn from day to day, and compel the presence of its absent members, as each House may provide. No session of the General Assem bly, after the second, under this Constitution, shall continue longer than forty days, unless prolonged by a vote of two-thirds of each branch, thereof.

862

JOUBNAL OF THE GEORGIA

5. No person holding any military commission or other ap pointment of office, having any emolument or compensation annexed thereto, under this State or the United States, or either of them, except Justices of the Inferior Court, Justices of the Peace, and officers of the Militia, nor any defaulter for public money, or for any legal taxes required of him, shall have a seat in either House. Nor, shall any Senator or Representative, after his qualification as such, be elected by the General Assembly or appointed by the Governor, either with or without the advice and consent of two-thirds of the Senate,- to any office or appointment, having any emolument annexed thereto, during the-time for which he shall have been elected.
6. No person convicted of any felony or larceny before any Court of this State, or of or in the United States, shall be eligible to any office or appointment of honor or trust within this State, unless he shall have been pardoned.
1. No person who is the holder of any public moneys shall be eligible to any office in this State, until the same is accounted for and paid- into the Treasury.
8. The seat of a member of either House shall be vacated on his removal from the District from which he was elected.
SECTION II.
1. There shall be forty-four Senatorial Districts in this State> composed each of three contiguous counties, from each of which Districts one Senator shall be chosen. Until they.are otherwise arranged, as hereinafter provided, the said Districts shall be constituted of counties as follows:
The First District of Chatham, Bryan, and Effingham. The Second District of Liberty, Tatnall, and Mclntosh. The Third District of Wayne, Pierce, and Appling. The Fourth District of Glynn, Camden, and Charlton. The Fifth District of Coffee, Ware, and Clinch. The Sixth District of Echols, Lowndes, and Berrien. The Seventh District of Brooks, Thomas, and Colquitt. The Eighth District of Decatur, Mitchell, and Miller. The Ninth District of Early, Calhoun, and Baker. The Tenth District of Dougherty, Lee, and Worth. The Eleventh District of Clay, Randolph, and Terrell. The Twelfth District of Stewart, Webster, and Quitman. The Thirteenth District of Sumter, Schley, and Macon.

CONSTITUTIONAL CONVENTION.

363

The Fourteenth District of Dooly, Wilcox, and Pulaski.

The Fifteenth District oi Montgomery, Telfair, and Irwin.

The-Sixteenth District of Laurens, Johnson, and Emanuel.

The Seventeenth District of Bullock, Sereven, and Burke. The Eighteenth. District of Richmond, Glasscock, ,and Jef ferson. - .

The Nineteenth District of Taliaferro, Warren, and Green.

The Twentieth District of Baldwin, Hancock, and Wash

ington.

.

The Twenty-first District of Twiggs, Wilkinson, and Jones.

The Twenty-second District of Bibb, Monroe, and Pike. The Twenty-third District of Houston, Crawford, and Taylor.

The. .Twenty-fourth. District of Marion, .Chattahoochee, and

Museogee.

The Twenty-fifth District of Harris, Upson, and Talbot.

The Twenty-sixth District of Spalding, Butts, and Fayette.

The Twenty-seventh District of Newton, Walton, and Clarke..

The Twenty-eighth District of Jasper, Putnam, and Morgan. The. Twenty-ninth District of Wilkes, Lincoln, and Columbia.

The Thirtieth District of Oglethorpe, Madison, and Elbert. The Thirty-first District of Hart, Franklin,- and Habersham. The Thirty-second District of White, Lumpkin, and Dawson. The Thirty-third District of Hall, Banks, and Jackson. The Thirty-fourth District of Gwinnett, DeKalb, and Henry. The Thirty-fifth District of Clayton, Fulton, and Cobb. The Thirty-sixth District of Merriwether, Coweta, and

Campbell.

The Thirty-seventh District of Troup, Heard, and Carroll. The Thirty-eighth District of Haralson, Polk, and Paulding.

The Thirty-ninth District of Cherokee, Milton, and Forsyth.

The Fortieth District^ of "Union, Towns, and Rabun. The Forty-first District of Fannin, Giliaer, and Pickens.

The Forty-second District of Bartow, Floyd, and Chattooga.

The Forty-third District of Murray, Whitfield, and Gordon.

The Forty-fourth District of Walker, Dade, and Catoosa.

If a new county be established, it shall be added to a district

which it adjoins, and from which the larger portion of its ter

ritory is taken. The Senatorial Districts may be changed by

the General Assembly, but only at the first session after the

364

JOURNAL- OF THE GEORGIA

taking of each census by the 'United States Government, and their number shall never be increased.
2. The Senators shall be citizens of the United States, who have attained the age of thirty years, and who have been citizens oi this State for two years, and for one year residents of the Districts from which elected.
3. The presiding officer of the Senate shall be styled the President, and shall be elected viva voce from the Senators elect.
4. The Senate shall have the sole power to try all impeach ments. When sitting for that purpose, .the members shall be on oath or affirmation, and shall be presided over by one of the Judges of the Supreme Court, selected for that purpose by a viva "joce vote of the Seriate ; arid no person shall be convicted without the concurrence of two-thirds of the members present. Judgments in cases of impeachment shall not extend .further than removal from office and disqualification to hold and enjoy any office of honor, trust or profit within this State, but the party convicted shall nevertheless be liable and subject to in dictment, trial, judgment, and punishment according to law.
SECTIOST in.
1. The House of Representatives fhall consist of One Hun dred and Seventy-five Representatives, appointed as follows: to the six largest Counties,, to-wit: Chatham, Richmond, Fmton, Bibb, Houston and Burke,, three Representatives each ; to the thirty-one next largest, to-wit: Bartow, Columbia, Cobb, Coweta, Clark, Decatur, Dougherty, Floycl, Gwinnett, Green, Hancock, Harris, Jefferson, Lee, Muscogee, Monroe, Merriwether, Morgan, Macon, Newton, Oglethorpe, Pulaski, Ran dolph, Sumter, Stewart, Troup, Thomas, Talbot, Washington, Wilkes, and Warren, two Representatives each; and to theremaining ninety-five counties, one Representative each.
2. The above apportionment may be changed by the General Assembly after each census by the United States Government, but in no event shall the aggregate number of Representatives be increased.
3. The Representatives shall be citizens of the United States, who have attained the age of twenty-one years, and who, after the first election under this Constitution, shall have been citi zens of this State for one year, and far six months residents of the counties from which elected.

CONSTITUTIONAL CONVENTION.

365

4. The 'presiding officer of the House of Representatives shall be styled the Speaker, and shall be elected viva voce from the body.
5. The Ho.usfe of Representatives shall have the sole power to impeach, all persons who shall have been or may be in office.
6. All bills for raising-revenue or appropriating money shall originate in the House of Representatives, but the Senate may propose or concur in amendments as in other bills.

SECTION" IV.

1. Each House shall be the judge of the election, returns,

. and qualifications of its members, and shall have power to

punish them for disorderly behaviour or misconduct, by cen

sure, fine, imprisonment, or expulsion; but no member shall be

expelled except by a vote of two-thirds of the" House from

which he 'is expelled.

,'

2. Each House may punish by imprisonment, not extending

beyond, the session, any person not a member,, who shall be

guilty of a contempt by any disorderly behavior in its presence,

or who, during the session, shall threaten injury to the person

or estate of any member for anything said or done in either

House, or who. shall assault any member going to or returning

therefrom, or who shall rescue,. or attempt to rescue, any

person arrested by order of either House.

3. The members of both Houses shall be free from arrest

during their attendance on the General Assembly, and in going

to or returning therefrom, except for treason, felony, larceny,

or breach of the peace; and no member shall be liable to

answer iii any other place for anything spoken in debate in

either House.

4. Each House shall keep a Journal of its proceedings, and

publish them immediately after its adjournment. The yeas

and nays of the members on any question shall, at the desire

of one-fifth of the members present, be entered on the Journals.

The original Journal shall be preserved, after publication, in

the office of the Secretary of State; but there shall be no other

record thereof.

5. Every bill, before it shall pass, shall be read three times,

and on three separate and distinct days in each House, unless

in cases of actual invasion or insurrection. Nor shall any law

366

JOURNAL OF THE'GEOKGIA

or ordinance pass which refers to more than one subjectmatter, or contains matter different from what is expressed in the title thereof.
6. All Acts shall be signed, by the President of the Senate and the Speaker of the House of Representatives; and no Bill, Ordinance, or Resolution, intended to have the effect of a law, which shall have been rejected by either House, shall be again proposed during the same session under the same or any other title, without the consent of two-thirds of the House by which the same was rejected.
*?. Neither House shall adjourn for more than three days, nor to any other place, without the consent of the other; and in case of disagreement between the two Houses on a question of adjournment, the Governor may adjourn either or both of them.
8. The officers of the two Houses, other than the President and Speaker, shall be a Secretary of the Senate and Clerk of the House, and an Assistant for each; a Journalizing Clerk, two Engrossing and two Enrolling Clerks for each House; and the number shall not be increased, except by a majority vote of the House. And their per diem pay, as well as the pay and mileage of the members, shall be fixed by law, in the passage of which a majority of the members of each House shall concur.
9. Whenever this Constitution requires a vote of two-thirds of either or both Houses for the passing of an Act or Resolu tion, the yeas and nays on the passage thereof shall be entered on the Journal or Journals. And all votes on confirmations or refusals to confirm nominations to office by the Governor shall be by yeas and nays; and the yeas and nays shall be recorded on the. Journal.
10. Every Senator and Representative, before taking his seat, shall take an oath or affirmation to support the Constitu tion of the United States and of this State; that he has not practiced any unlawful means, directly or indirectly, to procure his election, and that he has not given, or offered, or promised, or caused to be given, or offered, or promised, to any person, any money, treat, or thing of value, with intent to affect any vote, or to prevent any person voting at. the election at which he was elected.

CONSTITUTIONAL CONVENTION.

367

SECTION T.
1. The General Assembly shall have power to make all laws and ordinances, consistent with this Constitution and not repug nant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State.
2. The General Assembly may alter the boundaries of, or lay off "and establish new counties, or abolish counties, attaching the territory thereof to contiguous counties; but no new counties shall be established but by a vote of two-thirds of each House, nor shall any county be abolished except by a rote of two-thirds of each House, and after the qualified voters of the county shall, at an election held for the purpose, so desire.

''

SECTION" VI.

1. No money shall be drawn from the Treasury except by ap

propriation made by law, and a regular statement and accoant of

the receipt and expenditure of all public money shall be pub

lished from time to time, and with the laws passed by each

session of" the General Assembly.

2. 'No vote, resolution, law, or order shall pass, granting a do

nation or gratuity in favor of any person, except by the con

currence of two-thirds of each, branch of the General Assembly,

nor to any sectarian corporation or association at -all.

3. No law or section of the Code shall be amended or repealed

by mere reference to its title or to the number of the section

in the Code, but the amending or repealing act shall distinctly

and fully describe the law to be amended or repealed, as well

as the alteration to be made; but this clause shall be construed

as directory, only, to the General Assembly.

4. No law shall be passed by which a citizen shall be com

pelled, against his consent, directly or indirectly, to become a

stockholder in, or contribute to any railroad or work of public

improvement, except in the case of the inhabitants of a corporate

town or city. In such cases the General Assembly may permit

the corporate authorities to take such stock, or make such con

tribution, or engage in such work, after a,,majority of the

qualified voters of such town or city voting at said election

shall, at any election held for the purpose, have voted in favor

of the same, but not otherwise.

5. The General Assembly shall have no power to grant cor

porate powers and privileges to private Companies, except to

368

'JOURNAL .OF THE GEORGIA

Banking, Insurance, Railroad, Canal, Navigation, Mining, Express, Lumber, Manufacturing, and Telegraph Companies; nor to make or change election precincts; nor to establish Bridges and Ferries; nor to change names of legitimate children; but it shall prescribe, by law, the manner in which such powers shall be exercised by the Courts. But no charter for any Banks shall be granted or extended, and no act passed authorizing the suspension of specie payments by any Bank, except by a vote of two-thirds of the General Assembly. The General Assembly shall pass no law making the State a stock holder in any corporate Company; nor shall the credit of the State be granted or loaned to aid any Company without the concurrence of a majority of both Houses, nor without a pro vision that the whole property of the Company shall be bound for the security of the State prior to any other debt or lien, except as to laborers; nor to any Company in which there is not already an equal amount invested by private persons; nor for any other object than a work of public improvement. The General Assembly shall provide adequate penalties to prohibit the' sale of Lottery Tickets in this State. No provision in this Constitution for a two-thirds vote of both Houses of the General Assembly shall be construed to waive the necessity of the signature of the Governor, as in any other cases, except in the case of the two-third vote'required to override the veto.
On motion of Mr. Hopkins, the Eule was suspended,
when he offered the following Resolution:
WHEREAS, Georgia was thrown out of her orbit on the 19th day of January, 1861, upon a principle which many of her ablest statesmen believed to be constitutional and right; but it has been clearly, demonstrated, after a prolonged and san guinary struggle, that, however correct the principle, in their judgment, they have failed to establish it; and, whereas, it is our policy to close the breach wMch now divides us into two hostile political parties, by mutual forbearance and concessions, by recognizing all who assist us in the great work of recon struction as friends and faithful allies. Be it, therefore,
.Resolved, That the Governor of this State shall, immediately after the ratification of the Constitution which will be sub mitted to her people by this Convention, cause the names of all such persons to be transmitted to Congress, and, in the name of Georgia, request them to remove all their disabilities.

CONSTITUTIONAL CONVENTION.

869

The foregoing Resolution was taken up, read, and referred to the Special Committee of seven, heretofore appointed on a similar subject.
On motion, of Mr.-Turner, the Rule was suspended, when he offered the following Resolution, which was taken up and agreed to, to-wit:
WHEREAS, Charles Patterson has acted as Porter to this body since, the commencement of our session, and should be continued in' the performance of those duties heretofore ren dered--
Mesolved, That said Charles Patterson is hereby recognized -as Porter to this Convention, and that his duties be in the future a's' in the past: making fires, bringing water, sweeping and keeping in order the Hall used by the Convention, and that he shall receive therefor the sum of five' dollars per day, out of which he shall pay for such assistance as he may employ.
On motion of Mr. Speer, the Rule was suspended for the introduction of the following Resolution, to-wit:
Eesolwd, That the Disbursing Officer of this Convention be authorized and directed to pay to Patrick Fitzgibbon, Sr., twenty-seven dollars for three days' sei'Vrce as Messenger for this Convention. f"1
Mr. Harris, of Newton, proposed to* :afnend the fore going by providing' pay for Harry Camp, on account of certain services rendered.
The same was referred under the following Resolution of Mr. Smith, of Coweta, which was agreed to :
Mesolved, That a Committee of three be appointed to inves tigate the claims of all who,present accounts against this Con-. vention, and report the same to this body.
The President, under this Resolution, appointed MessrsSmith of Coweta, Dunnegan, and Ellington.
General Ruger, Provisional Governor of this State, and Capt. Rockwell, Provisional Treasurer, were received at the door of the Hall, and conducted by the Special Com-

370

JOURNAL OF THE GEORGIA

mittee appointed for this purpose to the President's desk, and were introduced to the Convention by the President.
On motion of Mr. Saffold, the Convention took a recess for fifteen minutes, to give members an opportunity of personal presentation to, and intercourse with, the honor able gentlemen mentioned.
The recess having expired, the President called the Convention to order.
On motion of Mr. Akerman, the report of the Com mittee on the Judiciary Department was taken up.
On motion of Mr. Bell, of Banks, it was decided to consider the same by sections and paragraphs.
Mr. Bell, of Banks, moved to amend the first paragraph of the first section by striking out from the first line thereof the words "County Courts."
Pending action on the first paragraph and first section, with the proposed amendment, a motion was made to ad journ, which was lost.
Mr. Saffold moved a suspension of the Rule for the introduction of a Resolution regulating the hours of meeting and adjournment, providing therein for afternoon sessions.
The Rule was not suspended. The Convention then, on motion, adjourned until 9J o'clock a. m., to-morrow.

Atlanta, G-a., Friday, February 21, 1868. The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. Mr. Prince gave notice that he would move a reconsid eration of so much thereof as relates to the adoption, on yesterday, of the report of the Special Committee, to whom were referred the second and third sections of the report of the Committee on Legislative Department.

CONSTITUTIONAL CONVENTION.

371

Leave of absence was granted Messrs. Jones, Saulter, Bedford, and Harrison of Hancock.
On motion of Mr. Akerman, the Rule was suspended, when lie offered the following Resolution, which was agreed. to, to-wit:
Resolved,' That the Committee on Finance be instructed to inquire and report what will be a suitable compensation to the Honorable K. L.-Angler, for his services as Disbursing Agent of the Convention.
Mr. Mi-ller moved a suspension of the Rule, for the . introduction of the following Resolution, from the Com mittee ofn Revision, to-wit:
Resolved, That the Judiciary Committee be instructed to report an article, to form a part .of the Constitution, declaring the gradation of the laws, and the force and effect-of the Acts of the Legislature, and judgments of the Courts sitting in this State since 19th January, 1861, and the status of the rights which have grown up tinder said laws and judgments.

The Rule was suspended, the Resolution taken up and agreed to.
Mr. Conley offered the following Ordinance, which was read and referred to the Committee on the Judiciary Department:
An Ordinance to declare valid certain Acts and appointments therein mentioned, and thereby prevent litigation.
On motion ,of Mr. Miller, Mr. Bigby was added to the Judiciary Committee.
On motion of Mr. "Whiteley, Mr. Bryant and Mr. Har ris, of Newton, were, also, added to said Committee.
On motion of Mr. Ashburn, the Rule was suspended, when he offered the following Resolution, to-wit:
Resolved, That a Committee of seven be appointed by the President, whose duty shall be to report to this Convention a basis of Congressional representation for the State.

372

JOURNAL OF THE GEORGIA

Mr. Blodgett offered the following, as a substitute, which was accepted by Mr. Ashburn, to-wit: '

Besolved, That a Committee of seven be appointed by the President, to lay off and define the Congressional Districts of Georgia, and report to this Convention.

Mr. Speer moved to amend, by adding, "and upon this Committee shall be no aspirant for Congressional honors."
On motion of Mr. Blodgett, the substitute and amend ment were referred to the Committee on Franchise.
The motion of Mr. Prince, to reconsider, was. taken up, and the yeas and nays required to be recorded thereon.

Those who voted in the affirmative, are Messrs.

Adkins,

Akerman,

Alexander,

Anderson,

Angler, '

Ashburn,

Beaird,



Baldwin,

Bell of Oglethorpe,

Blodgett,

Blount,

Bryant,

Bullock,

Campbell,

Carson,

Casey,

Caldwell,

Chatters,

Cobb.-of Houston,

Costin,

Conley,

Crawford,

Crayton,

Crumley,

Cbtting,,

Daley,

Dinkins,

Dunning,

. Edwards,

Ellington,

Gilbert,

Golden, Guilford, Higbee, Hopkins, Jackson, Joiner, Jones, Jordan,
Linder, Lumpkin, Madden, McHan, McCay, Moore of Columbia, Murphy, ISTeal, Noble, Palmer,
Pope, Prince, Reynolds, Rice, Rozar, Saffold,
Sikes, Shields, Seeley,
Speer, Stewart, Supple,
Stone,

CONSTITUTIONAL CONVENTION.

373

Strickland,

Whitaker,

Turner,

Whitehead of Burke,

Walton,

Whitehead of Butts,

Wallace,'

Whiteley,

Welch,

Williams.

Those who voted in the negative, are Messrs,

Bell of Banks,

Howe,

Bowden of Campbell,

Hudson,

Bowers,

Hutcheson,

Bigby,

Key,

Brown.

King,

Braoewell,

Knox,

Bryson,

Lee,

Buchan,

Lott,

Burnett,

Maddox,

Cameron,

Mathews,

Crane,

Martin of Garroll,

Dunnegan,

Martin of Calhoun,

Fields,

Martin of Habersham,

Fort,.'

Miller,

Foster of Paulding,

Moore of White,

Goodwin,

Saulter,

Harris of Newton,

Smitli of Coweta,

Harrison of Carroll,

Smith of Thomas,

fligden,

Shropshire,

Hotchkiss,

Shumate,

Houston,

Trammell,

Holcombe,

Trawick,

Hooks,

Woodey.

There are yeas 72; nays 46. So the motion to reeon-

sider prevailed.

On motion of Mr. McCay, the report of the Committee

on Legislative Department was taken up.

Mr. McCay proposed to amend as follows: In the sec

ond section, paragraph 2d, insert after the word "who,"

in the third line, the words "after the first election under

this Constitution, shall;" after the word "who," in the

third section and third paragraph, insert the same words.

Mr. Bryant proposed to amend the second paragraph

of the second section, by striking out "thirty" and insert

ing "twenty-five;" and the third paragraph of the third

section, by striking out "twenty-five" and inserting

"twenty-one."

25

374

JOURNAL OF THE GEORGIA

Mi-. Blodgett called for the previous question, which

was sustained.

The proposed amendment of Mr. Bryant was first suh-

mitted, and upon this the yeas and nays were required to

be recorded.

Those who voted in the affirmative, are Messrs.

Adkins, Akerman, Alexander, Anderson, Angler, Ashburn, Beaird, Baldwin, Bell of Ogiethorpe, Bowers, Blodgett, Bigby, Bryant, Bryson, Bullock, Campbell, Casey, Caldwell, Chatters, Cobb of Houston, Costiu, Crayton, Crumley, Dotting, Daley, Dinkins, Dunning, Edwards, EUingtta, Goodwin, Golden, Guilford, Higbee, Hopkins, Jackson, Joiner,

Jones, Jordan, Linder, Lumpkin, Madden, Mathews, MoHan, McCay, Moore of Columbia, Murphy, Neal, Noble, Palmer, Pope,, Prince, Reynolds, Rice, Rozar, Saffold, Sikes, Shields, Seeley, Speer, Stewart, Supple, Stone, Stricldand, Turner, Walton, Wallace, Welch, Whitaker, Whitehead of Burke. Whitehead of Butts., Williams.

Those who voted in the negative, are Messrs.

Bell of Banks,

Bracewell,

Bowden of Campbell,

Buchan,

Blount,

Burnett,

Brown,

Carson,

CONSTITUTIONAL CONVENTION.

375

Cameron, Conley, Crane, .Crawford, Duaaegan, Fields, Fort,
Foster of Paulding, Gilbert, Harris of Newton, Hamson of Carroll, Higden, Hotchkiss, Houston, Holcombe, rfooks,
Ho we, Hudson, Plutcheson, Key,

King, Knox, Lee, Lott, Maddox, Martin of Carrol 15 Martin of Calhoun, Martin o'f Habersham, Miller, Moore of White, Eobertson, Saulter, Smith of Coweta, Smith of Thomas, Shropshire, Shumate, Trammell, Trawick, Whiteley,
Woodey.

There are yeas 71 ; nays 48. So the amendment was received.
The amendment of Mr. McCay was then submitted, and upon this proposition, the yeas and nays were also required to be recorded.

Those who voted in the affirmative, are Messrs.

Adkins, Akerman, Alexander, Anderson, Angler, Ashburn, Beaird, Baldwin, Bell of Oglethorpe, Bowers, Blodgett, Bryant, Brown, Bullock, Campbell, Carson, Casey, Caldwell, Chatters,

Claiborne, Cobb of Houston, Costin, Conley, Crayton, Crumley,
Getting, Daley, Dinkins,
Dunning,
Edwards,
Ellington, Good win, Golden, Guilford,
Higbee,
Hop kins, Jackson, Joiner,

376

JOURNAL OF THE GEORGIA

Jones,

'

Knox,

Linder,

Lumpkin,

Madden,

McHan,

McCay,

Moore of Columbia,

Murphy,

Neal,

Noble,

Palmer,

Pope,

Prince,

Reynolds,

Rice,

Rozar,

Safibld,

Saulter, Sikes, Shields, Seeley, Stewart,
Supple, Stone, Striokland, Traywick, Turner,
Walton, Wallace, Welch, WMtaker,
Whitehead of Burke, Whitehead of Butts, Whiteley, Williams.

Those who voted in the negative, are Messrs.

Bell of Banks, Bigby,
Blount,
Bracewell, Bryson, Burnett, Cameron, Crane, Crawford, Dunnegan, Fields,
Foster -of Paulding, Gilbert,
Harris of Newton, Harrison of Carroll, Higden,
Hotchkiss, Houston, Holcombe, Hooks,
Howe,

Hudson, Hutcheson,
Jordan,
Key, King, Lee, Lott, Maddox, Mathews, Martin of Carroll, Martin of Calhoua, Martin of Habersham, Miller,
Moore of White, Robertson, Smith of Coweta, Smith of Thomas, Shropshire, Shumate, Trammel!,
Woodey.

There are yeas 74; nays 42, So the amendment of

Mr. McCay was received, and the second paragraph of

the second section, and the third paragraph of the third

section, as amended, are as follows, to-wit:

Sec. 2, Par. 2. The Senators shall be citizens of the United

States, who have attained the age of twenty-five years, and

CONSTITUTIONAL CONVENTION.

377

who, after the first election under this Constitution, shall have been citizens of this State for two years, and for one year a resident of the District from which elected.
Sec. 3, Par, 3. The Representatives shall be citizens of the United States, who have attained the age of twenty-one years, and who, after the first election under this Constitution, shall have been citizens of this State for one year, and for six months residents of the Counties from which elected.

The report of the Committee, as amended, was adopted. Mr.'Punning moved a suspension of the Rule, for the purpose of offering the following, as an independent arti cle, to .form a part of the Constitution, to-wit:

The Capital of this State shall be removed from Milledgeville and located at the City of Atlanta, and the succeeding Legislatures shall provide for the erection of a new State House, and other buildings which the public interests may require."
Mr, Cotting called.for the previous question, which was sustained, on the motion to suspend the Rule.

.The main question being put, the yeas and nays were

required to be recorded thereon.

Those who voted in the affirmative, are Messrs.

Angier, Ash'ourn, Baldwin, Bell of Banks, Blodgett, Bigby, Brown, Bracewell, Bryson, Bullock, Burnett, Campbell, Carson, Casey, Caldwell, Christian of Newto*!, Chatters, Costin,
Crane,

Crawford, Dunning, Dunneganf Edwards, Fields, Flynn, Foster of Paul ding, G-oodwin, Golden, Guilford, Hariand, -Harrison of Carroll, Higbee, Hotchkiss, Houston, Holcombe, Hopkins, Howe, Hutcheson,

378

JOURNAL' OF- THE GEORGIA

Jackson,

Joiner,

,

Jones,

Jordan,

Key,

King,

Lee,

Lott,

Maddox,

Mathews,

Martin of Carrol],

Miller,

Murphy,

N"oble, Reynolds,
Rozar, Sikes, Smith of Coweta, Slmmate, Stewart, Strickland, Trammel], Welch, Whitaker, Woodey.

Those who voted in the negative, are Messrs.

Adldns, Akerman, Alexander., Anderson, Beaird, Bell of Oglethorpe, Bowers, Blount, Bryant, Buchan, Carneron, Claiborne, Cobb of Houston, Crayton, Getting, Dinkins, Ellington, Fort, Gilbert, Higden, Hooks, Hudson, Knox, Linder, Lumpkrn,

Martin of Habersham,, McHan, McCay, Moore of White, Moore of Columbia, . Neal, Palmer, -.Pope, Prince, Rice, Robertson, Saifold, Saulter, Shields, Smith of Thomas, Speer, Shropshire, Stone, ' Turner, Walton, Wallace, Whitehead of Burke, Whiteley, Williams.

There are yeas 63; nays 49. There being less than two-thirds voting in- the affirmative, the motion to sus pend the Eule did not prevail.
The consideration of the unfinished business of yester day was resumed, to-wit: The report of the Committee on Judiciary Department, the first paragraph of the first

CONSTITUTIONAL CONVENTION.

3*79

section thereof being first in order, to which the amend ment of Mr. Bell, of Banks, to strike out the words "County Courts," was pending.
Mr. Trammell proposed to amend as follows: Add to the paragraph, "but the General Assembly may, in case the qualified voters of any County shall, at an election held for the 'purpose, so desire, abolish said Courts and transfer their jurisdiction to the Superior Courts, or such other tribunal as it may provide."
The previous question was called for by Mr. Whiteley, and sustained.
The amendment of Mr. Trammell was lost. The amendment of Mr. Bell, of Banks, -to strike out "County Courts," was received, and the 1st paragraph of the first section adopted, as amended. Mr. Harris, of ISTewton, nioved to amend the second paragraph of the first section, by striking out the words *four," "eight" and "twelve," and inserting in lieu thereof the words "two," ^fonr" and "six." Mr. Blodgett called for the previous question, which. was sustained. The main question was put, and the amendment of Mr. Harris of Newton, lost. The second paragraph of the first section was then adopted without -amendment; and, On motion of Mr. Prince, the Convention adjourned antil 9| o'clock a, m., to-morrow.

Atlanta, G-a., Saturday, February 22, 1868, The Convention met pursuant to adjournment. Prayer by the Eev. Mr. Young. The Journal was read. Mr. Shropshire gave notice that he should move a reconsideration of so much thereof as relates to the adop tion, on yesterday, of certain amendments to the report

380

JOURNAL OF THE GEORGIA

of the Special Committee to whom were referred the second and third sections of the report on Legislative Department.
Mr. Miller gave notice that he should move a recon sideration of so much of the Journal as relates to the amendment of the first paragraph of the first section of the report of the Committee on the Judiciary Depart ment, in striking therefrom the words "County Courts."
Mr. McCay gave notice that he should move a recon sideration of the action of the Convention in rejecting, on yesterday, the amendment proposed by Mr. TrammelL as an addition to the first paragraph of the first section of the report of the Committee on Judiciary Department.
Leave of absence was granted Mr. Bowden, of Camp bell, on account of sickness, and to Mr. Shu-mate? after Monday next, for two days.
Pending action on the foregoing motions to reconsider, the Convention, on motion of Mr. Speer, adjourned, in commemoration of the birth of George Washington, and was declared, by the President, adjourned until 9J o'clock a. m.,- Monday.

. Atlanta, &a., Monday> February 24,1868. The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. The motion of Mr. Shropshire to reconsider so much of the Journal of Friday as relates to the adoption of the amendment of Mr. McCay to the second paragraph of the second section, and the third paragraph of the third sec tion, of the amended report of the Committee on Legisla tive Department, was taken up. Mr. Bryant rose to a point of order, assuming that the reconsideration of an amendment to the report was a

CONSTITUTIONAL CONVENTION.

381

reconsideration of the report itself, and as this was done

on Friday last, the present motion to reconsider was inad

missible, under the Bales adopted by the Convention.

The point of order was sustained by the President pro

tern,, and the motion for reconsideration was, consequently

out of order.

On motion of Mr. Blodgett, the Rule was suspended,

for the introduction, by Mr. Whiteley, of the following

Keso.lution, which was taken up, to-wit:

Resolved, That the Judiciary Committee be, and they are

hereby, instructed to report to the Convention, at an early day,

au Ordinance declaratory of the qualification of Members of

the General Assembly, at the first session thereof under the

Constitution being adopted by this body, and that the qualifica

tion aforesaid shall be as follows :

The Senators and Representatives shall be citizens of the

United States, who have attained, in the case of the former, to

twenty-five years of age, and in the latter to twenty-one years

of age, and who have been inhabitants of the State of Georgia

for a period of six months, and residents of the District or

County from which elected for three months immediately pre

ceding the election.

Mr. Bell, of Banks, moved to amend, by striking out

the word "inhabitants" and inserting "citizens."

Mr. Blodgett moved to amend, by inserting before the

word "citizens" the word "male." This motion was

withdrawn by the mover.

Mr. Tramrnell moved to amend, by striking out all

after the first clause.

This motion was lost.

On the question of adopting the amendment of Mr.

Bell of Banks, the yeas and nays were required to be

recorded.

Those who voted in the affirmative, are Messrs.

Bell of Banks,

Crane,

Bpwden of Monroe,

Crawford,

Bryson,

Dews,

Burnett,

Dunnegan,

Cameron,

Fort,

382

JOURNAL OJ? THE GEORGIA

Foster of Paul-ding,

Knox,

Gibson,

Lee,

Goodwin,

Lott,

Gove,

Maddox,

Griffin,

Martin of Carroll,

Harland,

Martin of Calhoun,

Harrison of Carroll,

Martin of Habersham,

Higden,

McHan,

Hotchkiss,

Miller,

Houston,

MoWhorter,

liolcombe,

Moore of White,

Hooks,

Smith of Coweta,

Howe,

Smith of Thomas,

Hudson,

Shropshire,

Hutcheson,

Trammell,

Jordan,

Trawick,.

Key,

Woodey,

Those who voted in the negative, are. Messrs,

Akerman,

.

Jackson,

Alexander,

Joiner, ,

Anderson,

Lumpkin,

Angler,

Madden,

Ashburn,

Minor.

Beaird,

Moore of Columbia,

Baldwin,

Murphy,

Blodgett,

Noble,

Blount,

Palmer,

Bryant,

Pope,

Buohan,

Potts,

Bullock,

Prince,

Campbell,

Rice,

Carson,

Rozar,

Casey,

Robertson,

CaldwelL,

Sikes,

Clift,

Seeley,

Chatters,

Speer,

'-

Claiborne,

Stewart,

Chambers,

Supple,

Gobb of Houston,

Stanley,

Costin,

Stone,

Conley,

Strickland,

Crayton,

Turner,

Crumley,

Walton,

Dinkins,

Wallace,

Dunning,

Whitaker,

Edwards,

Whitehead of Burke,

Golden,

Whitehead of Butts,

Guilford,

Whiteley,

Higbee,

Williams,

liopkins,

CONSTITUTIONAL CONVENTION.

383

. There are yeas 44; nays 63. So the motion to strike out the. word "inhabitants" and insert "citizens" was lost.
The Resolution was adopted without amendment. The.motion of Mr. Miller, to reconsider the action of the Convention in striking out, on Friday, the words "County Courts" from the first paragraph of the first sec tion of the report of the Committee on the Judiciary Department, was taken up. Upon this proposition the previous question was called for, hut not sustained. After, discussion, the call for the previous question was renewed by Mr. Hopkins, and sustained. The main question was put, and the motion to recon sider was lost. On motion of Mr. Hoi combe, the Rule was suspended, and the following Resolution was offered by Mr. Maddox, and taken up, to-wit:
Eesolved, That the roll of the members shall be called every morning before the reading of the -Journal, and that the Clerk shall mark the absentees.
Resolved, further, That no member of this Convention shall, while absent on his own business, receive any pay per diem, sickness and other Providential causes, alone, excepted.
Mr. Blodgett moved to lay the Resolution on the table, and to discharge the Special Committee.
This motion was withdrawn by the mover. Mr. Speer offered the following, as a substitute, to wit:
Resolved, That the Auditing Committee be requested and directed, in auditing accounts of members of the Convention, to require each member to give the number of days that he has served as a delegate, which shall not include the time said delegates have been absent without leave; and each delegate shall certify, upon honor, the actual number of days that he has served in the Convention.
Mr. Blodgett moved to lay the Resolution and substi tute on the table.

884

JOUBNAL OF THE GEORGIA

Mr. Blount moved to amend, by providing that no member should be allowed pay, except for the days that he actually serves.
Mr. Angler proposed to amend, by .providing that any member on leave of absence, without time stated, shall not receive pay for more than five days' absence.
Mr. Ashburn offered the following, as a substitute for the subject-matter pending, to-wit:

Hesolved, That no delegate shall receive his mileage, nor per diem, except for the time actually served, unless he has been excused by this Convention on account of sickness.'

On motion of Mr. Bryant, the whole subject-matter was referred to a Special Committee of seven, composed of one from each Congressional District.
The President announced the following as said Com mittee, to-wit: Messrs. Bryant, Cameron, Whiteley, Ashburn, Griffin, Martin of Habersham, and Miller.
On motion of Mr. Holcombe, the first Special Commit tee on this subject was discharged.
Leave of absence was granted Messrs. "Welch, Sikes, Ellingtou, Christian of Newton, Linder and Powell, on account of sickness.
The special order of the day was taken up, to-wit: the report of the Special Committee on the subject of home stead, Avhich is as follows:

Your Committee, to whom was referred the duty of pre paring a substitute for the thirty-second section of the Bill of Rights, as presented to this body, beg leave to submit the following:
Each head of a family, or guardian, or trustee of a family of minor children, shall be entitled to a homestead of realty, to the value of twenty-five hundred dollars in specie, and per-

CONSTITUTIONAL CONVENTION.

385

sonal property to the value of two thousand dollars in specie, both to .be valued at the time they are set apart. And no Court or ministerial officer of this State shall ever have jurisdiction or authority to enforce any judgment, fi. fa., decree, or execu tion, against said property so set apart, except for taxes and money borrowed of Building and Loan Associations for im proving the homestead: And it shall be the duty of the General Assembly, as early as practicable, to provide, by law, for the setting apart and valuation of said property, and to enact adequate laws for the full and complete protection and security of the same, to the sole use and behoof of said fami lies as aforesaid. All property of the wife in her possession at the time of her marriage, and all property given to, inherited or acquired by her, shall remain her separate property, and not liable for the debts of her husband.
Mr. Murphy offered to amend, by adding the following, to-wit:
But no "homestead or other property shall be exempt from levy and sale for labor performed on the same, and there shall be no stay law passed by the Legislature of this State, staying the collection of debts, where the contract was for labor per formed, for a longer time than thirty days.

Mr. Oaldwell moved to amend, by inserting after the word "homestead," in the sixth line, the words "and for services rendered for the benefit of the owner or his family."
Pending discussion on the foregoing report and pro posed amendments, Mr. Miller having the floor,
The Oonyention adjourned until 9-J o'clock a. m., to morrow.

386

JOURNAL OP THE GEORGIA

Atlanta, Ga., Tuesday, February 25, 1868.
The Convention met pursuant to adjournment.
Prayer by the Chaplain.
The Journal was read.
The following communication, on the Secretary's desk, was read, together with the accompanying order, to-wit:
HEADQUARTERS THIRD MILITARY DISTRICT,) (Dept. of Georgia, Florida, and Alabama), t ATLANTA, GA., Feb. 22, 1868. )
P. M. Sheibley, Esq., Secretary Georgia Constitutional Con vention :
SIE--I am instructed by Major-General Meade to acknowl edge the receipt of your letter of the 15th instant, enclosing a transcript from, the Journal of the Constitutional Convention for that day, for which favor you will please accept the General's thanks.
Very respectfully, your obedient servant, R. 0. DRUM,
Assistant Adjutant General.
HEADQUARTERS THIRD MILITARY DIST. ) (Dept. Georgia, Florida, and Alabama), jATLANTA, GA., Feb. 22, 1868. )
General Orders, No. 2Y. I. The Constitutional Convention of the State of Georgia,
now in session in the City of Atlanta, adopted, on the 19th day of February, 1868, the following Preamble and Reso lutions :
WHEKEAS, the Convention has determined that there shall be no imprisonment for debt in this State; and whereas, creditors are oppressing debtors, by the use of what is - known as "bail process" and writ of ca. sa. Therefore,
Resolved, That, in the opinion of this Convention, said pro ceedings are contrary to the wish of the people of this State.
Resolved, That the General Commanding this District is hereby requested to protect, by order, the people of this State from the evil above set forth, and that such order remain in force until such time as the people have expressed their will in regard to the Constitution.

CONSTITUTIONAL CONVENTION.

387

II. Therefore, By virtue of the plenary powers vested by the Reconstruction 'Acts of Congress in the Commanding Gen eral of the Third Military District, and for the purpose of giving effect to the wishes of the people of Georgia, as expressed by their delegates in Convention, it is ordered: That imprison ment for debt is prohibited in the State of Georgia, and here after no bail process in civil cases, or writ of ca. sa., shall be issued out of any of the Courts of this State.
III. Every person now in prison in this State, under any such process or writ, will be immediately discharged from prison. ' . IV. This 4rder to remain in force until the people of Georgia shall express their will in the manner provided by the Acts of Congress, in regard to the Constitution to be submitted to them by the said Constitutional Convention, or until further orders from these Headquarters.
By order of Major-General MEADE. R. C. DRUM,
Assistant Adjutant General,
Mr. Akerman, from the Judiciary Committee, made the
following report, to-wit:
Under instructions from the Convention, the Committee on the Judiciary Department report the following Ordinance:
AN ORDINANCE declaratory of the qualification of mem bers of the General Assembly, to be chosen at the first election held under the Constitution framed by this Con vention.,,
Be it Ordained by the people of Georgia, in Convention, assembled, That the persons eligible as members of the General Assembly at the first election held under the Constitu tion framed by this Convention,.shall be citizens of the United States, who shall have been inhabitants cf this State for six months, and of the District or County for which they shall be elected for three months next preceding such election, and who, in the case of Senators, shall have attained the age of twentyfive years, and in the case of Representatives the age of twentyone years, at the time of such election.
The foregoing Ordinance is not reported as the recommenda tion of the Committee, but simply in execution of the instruc tions of the Convention in the Resolution passed yesterday.
For the Committee.
A. T. AKERMAN, Chairman.

888

JOURNAL OP THE GEORGIA

The unfinished business of yesterday was resumed, to-

wit: the report of the Special Committee on the subject

of Homestead, to which an amendment by Mr. Murphy,

and an amendment by Mr. Caldwell, were pending.

Mr. Angier in the Chair.

The amendment of Mr. Caldwell was withdrawn in

favor of the following, which was proposed by Mr. Miller,

to-wit: Insert after the word "taxes" the words "for the

purchase money of the property set apart, for money

loaned for the improvement of the homestead, and for the

wages of laborers employed thereon;" and strike out the

following: "money borrowed of Building and Loan Asso

ciations for improving the homestead."

Mr. Bell, of Banks, moved that debate now cease on

the pending propositions.

Mr. Conley moved to amend by providing that debate

cease at 2 o'clock p. m., this day.

Mr. Bell withdrew his motion.

Mr. Crane moved to lay the whole subject-matter on

the table.

On motion of Mr. Blodgett, it was ordered that debate

on the pending propositions immediately cease.

Mr. Murphy, by consent, withdrew his amendment in

favor of a substitute by Mr. McCay.

The motion of Mr. Crane to lay the whole subject-

matter on the table was submitted, and upon this-tne yeas

and nays were required to be recorded.

Those who voted in the affirmative, are Messrs.

Akerman, Angier, Ashburn, Baldwin, Bowers, Bracewell, Bryson, Cameron, Oostin,
Crane,

Crawford, Crumley, Daley, Dunnegan, Foster of Paulding, Guilford, Harrison of Carroll, Higbee, Higden,
Houston,

CONSTITUTIONAL CONVENTION.

389

Holcom.be, Hutcheson, Knox,
Lett,
Maddox,
Mathews, Martin of Carroll, ' Martin of CaLhoun, ' Martin of Habersham, McHan,

Moore of White, Saffold, Smith of Thomas, Shropshire,
Supple, Stanley, Turner, Wallace, "Woodey.

Those who voted in the negative, are Messrs,

Alexander, Andefson, Bs'aird, Bell of Banks, Bowden of Monroe, Blodgett, Bigbys Bryant, Brown, Buchan, Bullock, Campbell, Carson, Casey, Chatters, Claiborne, Chambers, Cooper, Cobb of Houston, Conley, Crayton, Davis, Dews,
Dunning,

Ho we, Hudson, Jackson, Joiner,
Key, Lee, Linder, .Lumpkiri,
Madden, Maull, McCay, Minor, Miller, ' MeWhorter, Moore of Columbia, Murphy, Noble, Palmer, Pope,
Potts, Princes Rice, Roberlson,
Smith of Coweta, Speer,

Edwards,

Stewart,

Fort, Gibson, Goodwin,
Gove, Golden, Griffin, Harris of Newton, Harrison of Hancock, Hotchkiss,
Hopkins,

Strickland, Trammel!, Trawiek, Waltpn,
Whitaker, Whitehead of Burke, Whitehead of Butts, Whiteley,
Williams.

Hooks,

26

390

JOURNAL OF THE GEORGIA

There are yeas .39;' nays 73. So the motion to lay on the table did not prevail.

Mr. McCay offered -the following as a substitute for the

report and proposed amendment, to take the place of the

amendment offered by Mr. Murphy, and withdrawn by

consent, to-wit:

.

' '"". .

The head of a family, and the guardian, or trustee of a family of minor children, shall hold free from levy and sales, by virtue of any process from any Court, founded on any debt heretofore contracted, a homestead of realty of the value of owe thousand dollars, and personal property of the value of five hundred dollars; and shall hold, exempt 'from levy and sale, by virtue of any process from any Court, founded on any debts hereafter contracted, a homestead of realty of the value of two thousand dollars, and personal property of the value of one thousand dollars: Provided, That this exemption shall not apply to process for the purchase money of the same, or to money loaned, or labor and materials furnished to improve, or to remove incnmbrances from the same; or for wages due to laborers working on said homestead.

Mr. Parrott offered the following as a substitute for the
whole matter pending, to-wit:
Each head of a family in this State shall be entitled to a homestead of realty not exceeding one thousand dollars in value, to be valued, selected, and set apart as the General Assembly shall hereafter provide by law. Said homestead shall be exempt from levy and sale under any judgment, execu tion, order, or decree of any Court of this State, founded on any debt contracted after the said homestead shall have been set apart. It shall be the duty of the General Assembly to exempt such articles of personal property for each head of a family as the necessities of the people in this State may require.
The General Assembly, during the first session held under this Constitution, sha'll provide by law for the selecting, valuing, and setting apart of said homestead of realty.

Upon the question of adopting the substitute of Mr. Parrott, the yeas and nays were required to be recorded.

CONSTITUTIONAL CONVENTION.

391

Those who voted in the affirmative, are Messrs.

. Akerman,

Angiev,

\

Beaird,

Bell of Banks,

_

. Bowers,

Bigby,

Brace-well,

Bryson,.

Cameron,

Claiborne,

'

,Cobb of Houston,

' .Cosiin,

Crane,

Crawt'ord,

' Crumley,

Daley,

Dunning,

Dunnegan,.

.

Foster of Paul ding,

Guilford,

:Harrison of Can-oil,

Harrison of Hancock,

Higbee,

Higden,

Houston, Holcombe, Hutcheson,
Knox, Linder, Maddox, Mathews, -Martin of Calhoun, Martin of Car roll, Martin of Habersh am, McHan, Moore of White, Palmer,
Eice, Saffold,. Smith of Thomas, Shropshire,
Supple, Stanley, ' Turner,
Wallace, Whitehead of Burke, Woodey.

Those who voted in the negative, are Messrs. -

Alexander, Anderson,
. Ashburn,
Baldwin, Bell of Oglethorpe, Bowden of Monroe,

Conley, Craytori, Davis,
Dews, Dinkins, Edwards,

Blodgett, Blount,
Bryant,
Brown, Buchan, Bullock,

Fort, Gibson,'
Goodwin,
Gove, Golden, .Griffin,

Burnett, Campbell, Carson,

Hari'ia of Newton, Ho'tchkiss, Hopkins,,

Casey,

Hooks,

Caldwell, Clift, Chatters,
Chambers,

Howe,, Hudson,, Jackson,
Joiner,

Cooper,

Key,

392

JOUBNAL OF THE GEORGIA

Lee,

Lott,

Lnmpkin,

Madden,

Manll,

'

McCay,

Minor,

Miller,

McWhorter,.

Moore of Columbia,

Murphy,

Noble,

.

Pope,

Potts,

Prince,

Robertson, Seeley, Smith of Coweta, Speer, Stewart,. Stone, Strickland, Traminell, Trawick, Waltori, Waddell, "Whitaker, Whitehead of Butts, Whiteley, Williams.

There are yeas 47;' nays 72. So the motion to adopt the substitute of Mr. Parrott did not prevail.

Mr. Blodgett offered the following substitute for the report, and pending amendment and substitute, to-wit:

BILL OF BIGHTS. ,
Sec. 32. Each head of a family, or guardian, or trustee of a family of minor children, shall be entitled to a homestead of realty to the value of two thousand dollars in specie, and per sonal property to the value of one thousand dollars in specie-- both to be valued at the time they are set apart. And no Court or ministerial officer in this State, shall ever have jurisdiction or authority to enforce any judgment, decree, or execution against said property so set apart, including such improve ments as may be made thereon from -time to time, except for taxes, money borrowed and expended in the improvement of the homestead, or for the purchase money of the same,'and for labor done thereon, or material furnished therefor, or removal of encumbrances. And it shall be the duty of the General Assembly, as early as practicable, to provide by law for the setting apart and valuation of said property, and to enact laws for the full and complete protection and security of the same, to the sole use and benefit of said families as aforesaid.
All property of the wife in her possession at the time of her marriage, and all property given to, inherited, or acquired by her, shall remain her separate property, and not be liable for the debts of her husband.

CONSTITUTIONAL CONVENTION.

393

Mr. Akerman proposed to amend the substitute of Mr. Blpdgett by inserting after the word "apart," where it first occurs, the following:

.Exempt from sale under any judgment, decree, or execution, founded on any debt contracted after such real or personal -property shall be set apart.

Also, by inserting the word "such" between the words "any" and "judgment."

Mr. Bryant proposed to amend said substitute, of Mr. Blodgett by substituting "one thousand dollars" for "two thousand dollars."

Upon this proposition the yeas and nays were required to be recorded.

Those who voted in the affirmative, are Messrs.

Akerman,

Alexander,

Anderson, .

Angler, .

Ashburn,

Baldwin,

Bell of Banks,

Bowers,

Bigby,

Bryant,

Brown,

Bracewell, '

Bryson,

Buchan,

Campbell,

Carson,

Cameron,

Chatters,

Claiborne,

Cooper,

Cobb of Houston,

Costin,

Crane,

Crawford,

rayton,

.

Davis,

Daiey,

Dinkins,

Dunning,

Dunnegan, Guilford, Harrison of Carroll, Harrison of Hancock, Higbee, Higden, Houston, Holcombe, Hutcheson, Jackson, Joiner, Knox, Lott, Lumpkin, Madden, Maddox, Maull, Mathews, Martin of Carrol], Martin of Calhoun, Martin of Habersham, McHan, McCay, Moore of White, Moore of Columbia, Murphy, Palmer, Pope, Prince,

394

JOURNAL OF THE GEOBGflA

Rice, Rozar, Saffold, Smith of Thomas, Shropshire, Supple, Stanley, Stone,

Stricklsind,
Turner, Wallace, Whitaker, Wlritehead of Burke. Williams,
Woodey.

Those who voted in the negative, are Messrs.

Beaird, Bell of Oglethorpe, Bowdeja of Monroe, Blodgett, Blount, Bullock, Casey, Caldwell,
Chambers, Conley, Dews, Edwards, Fort, Foster of Panlding, Goodwin, Gove, Golden, Griffin, Harris of Newton, Hotchkiss, Hooks,

Howe,

Hudson,

Key,

*

Lee,

Linder,

Minor,

Miller, ,

McWhorter,

Noble,

Potts,

Robevtson,

Seeley,

Smith of Coweta,

Speer,

Stewart,

Trammell,

Trawick,

Walton,

Waddell,

Whitehead of Butts,

Whiteley.

There are yeas 73.; nays 43. So the amendment was received.

Mr. Akerman moved to amend further by striking out from said substitute, wherever it occurs, the word "specie," and inserting in lieu thereof "legal currency of the United States."

This amendment was withdrawn by the mover in favor of the following-, proposed by Mr. McCay, to-wit f Strike out "one thousand dollars" where said words occur with reference to personalty, and insert in lieu thereof "five hundred dollars."

CONSTITUTIONAL CONVENTION.

395

Mr. Prince moved that the whole subject-matter be laid

on the table.- - ' .

' The motion did not prevail.

The amendment of Mr. McCay to strike out "one

thousand doilars," where the same applies to personalty,

was received.

Mr. Costin moved'to strike out all after the enacting

clause.

Mr. Blodgett moved to lay the whole subject-matter

pending, pn the table.

This motion did not prevail.

Leave of absence1 was granted Mr. Gilbert on account

of, sickness.

Mr. Miller moved that the Convention adjourn-, and

upon this motion the yeas and nays were required to be

recorded.

Those who voted in the affirmative, are 'Messrs.

Angler,

Griffin,

Ashburn,

Harris of- Newton,

Beaird,

Harrison of Carrol],

Bell of Oglethorpe,

Harrison of Hancock,

Bowden of Monroe,

Hbtchkiss,

Blodgett,

Hooks,

Blount,

Howe,

Bryant,

Hudson,

Bullock,

Key,

Campbell,

Knox,

Carson,

Lee,

Cameron,

Maull,

Casey,

Mathews,

Caldwell,

Minor,

Clift,

Miller,

Chatters,

McWhorter,

Chambers,

Moore of Columbia,

Cooper,

Noble,

Da vis,

Pope,

Dews,

Potts,

Edwards,

Rice,

Fort,

Saffold,

Goodwin,

Seeley,

Gore,

Smith of Coweta,

Golden,

Speer,

396

JQUBN^L OF THE GEORGIA

Supple, Trammell, Trawick, Walton,

Waddell,
Whitehead of Butts, Whiteley.

Those who voted in the negative, are Messrs.

Akerrnan, Alexander,
Anderson, Bell of Banks, Bowers,
Bigby, - Brown,
Bracewell, Bryson, Buchan,
Claiborne, Cobb of Houston, Cos tin, Conley, Crane, Crawford, Crayton, . Daley, Dinkins, Dunning, Dunnegan, Foster of. Paulciing, Guilford, Higbee,
Higden, . Houston, Holeombe, Hutcheson,
Jackson,

Joiner, Linder, Lott,
Lumpkin, Madden, Maddox,
Maxtin of Carroll, Martin of Calhoun, Martin of Habersham, McHan,
McCay, Moore of White, Murphy, Palmer,
Prince, Rozar, Robertson, Smith of Thomasj Shropshire, Stewart, Stanley,
Stone, Turner, Wallace,
Whitaker, Whitehead of Burke, Williams, Woodey.

There are yeas 57; nays 57. The President gave the casting vote in the affirmative, and the Convention was adjourned until 9| o'clock a. m..
to-morrow.

CONSTITUTIONAL CONVENTION.

397

Atlanta, G-a., Wednesday, February 26; 1868.

The Convention met pursuant to adjournment. Prayer bythe Chaplain. The Journal was read. Mr^Blodgett moved to reconsider so much of the Jour nal of yesterday as relates to the adoption of the amend ment of Mr. Bryant, substituting "one thousand dollars" for "two* thousand dollars," in the substitute of Mr. Blodgett on the subject of homestead. Mr. Blount called for the previous question, which was sustained. The main question was put, and the yeas and nays demanded thereon.

Those who voted 'in the affirmative, are Messrs.

Adkins, Alexander, Bentley, Beaird, Bell of Oglethorpe, Bowden of Monroe, Blodgett, Blount, Bryant, Brown, Buchan, Bullock, Burnett, Campbell, Carson,
Cameron,, Casey,
Caldwell, Clift, Chatters, Chambers, Cooper,
Cobb of Houston, Conley, Crayton, Cotiing,
Davis,

Dews, Dinkins, Dunning, Edwards, Flynn, Fort, .Gibson, Goodwin, Gove, Golden, Griffin, Guilford, -Harris of Newton^ Hotohkiss, Hopkins, Hooks,
Howe, Hudson, Jackson, Joiner, Jordan,
Key, King, Knox,
Lee, Linder, Lumpkiu,

-398

. JOURNAL OF THE GEORGIA

Madden, Maull, McCay,
Minor, Miller,
McWhorter, . Moore of Columbia, Murphy^ ISTeal, Noble,
Pope, Potts, Prince,
Reynolds, Eice, Rozar,

Robertson,

Sik.es,

Shields,

Seeley,

Smith of Coweta,

Speer,

Shumate,

Stone,

Strickland,

(

Trammel!,

Trawiok,

Walton,

Waddell,

Whitaker,

W-hitehead of 'Butts,

Whiteley.

Those who voted in the negative, are Messrs.

Akerman,

Anderson,

Angler,

.

Ashburn,

Bell of Banks, .

Bowers,

Bigby,

Bracewell,

Bryson,

Claiborne,

Costin,

Crane,

Crawford, \

Crumley,

Daley,

Dunnegan,

.Poster of Paulding,

H arrison of Carroli,

Harrison of Hancock,

Higbee,



Higden,

Houston, Holcombe,
Hutcheson, Maddox, Mathews,
Martin of Carroli, Martin of Calhoun, Martin of Habersham, McHan,
Moore of White, Palmer, Saffold, Smith of Thomas, Shropshire, Supple, Turner,
Wallace, Whitehead of Burke, Williams,
Woodey.

There are yeas-86; nays 41. So the motion of Mr.

Blodgett, to reconsider, prevailed.

Mr. Seeley moved the reconsideration of so "much of

the Journal of yesterday as relates to the amendment of

Mr. McCay, in striking out, from the said substitute of

Mr. Blodgett, "one thousand dollars," where it occurs

with reference to the exemption of personalty, and insert

ing, in lieu thereof, "five hundred dollars."

CONSTITUTIONAL CONVENTION.

899

The motion to reconsider prevailed. The unfinished business of yesterday was resumed, towit: the'report of the Special Committee on the subject of homestead^ and proposed substitutes and amendments. Mr. Bryant withdrew his amendment, which -was this day reconsidered. The amendment next in order being the reconsidered amendment, of Mr. McCay, the yeas and nays were recorded on the question of agreeing to the same., Those who voted in the affirmative, are Messrs.

Adkins, Akenfian,
Bell.of Banks, , Bowers,
Bigby, Bracewell, Bryso'n, Cameron, Claiborne, Costin, Crane, Crawford, Crumley,
Dunnegan, Foster of Paulding, Guilford,
Harrison of Oarroll, Harrison of Hancock,
Higbee,
fligden,
Houston,
Bolcombe,

Htitcheson, Knox, Lee, Lott, Maddox, Mathews, Martin of Garroll, Martin of Calhpun, Martin of Habersham, McHan, Moore of White, Palmer,
Rozar, Saffold, Shields, Smith of Thomas, Shropshire, Stewart, Su-pple^
Turner, Wallace, Woodey.

Those who voted in the negative, are Messrs.'

Alexander, Andersen, Angier, Ashburn, Bentley, Beaird, Bell of Oglethorpe, Bowden of Monroe, Blodgett, Blonnt,

Bryant, Brown', Buchan, Bullock, Burnett, Campbell, Carson, Casey, Calclwell, Clift,

400

JOURNAL OP. THE GEORGIA

Chatters, Chambers, Cooper, Cobb of Houston, Conley, Getting, Davis, Daley, Dews, Dinki'ns, Dunning, Edwards, Flynn, Fort, Gibson, Goodwill, Gove, Golden, Griffin, Harris of New-ton, Hotchkiss, Hopkins, Hooks, Howe, Hudson, Jackson, Joiner, Jordan, Key, King, Linder, Lumpkin,

Madden,

Maull,

Minor,

-Miller,

..

McWhorter,

Moore of Columbia,

Murphy,

Neal,

Noble,

Pope,

Potts,

Prince,

Reynolds,

Rice,

Robertson,

Sikes,

Seeley,

Smith of Coweta,

Speer,

Shumate,

Stone,

Sfrickland,

Trammell,

Trawick,

Walton,

Waddell,

Whitaker,

Whitehead of Burke,

Whitehead of Butts,

Whiteley,

Williams.

There are yeas 44; nays 83. So the amendment was lost.
Mr. Murphy moved to amend, by adding to the substi tute of Mr, Blodgett the following: "but shall be subject to the exceptions as the homestead."

Mr. Trammell moved to amend the amendment, by adding the words "for contracts made by her."

The same was not received.

The question recurring upon the amendment of Mr. Murphy, said amendment was lost.

Mr. Madden proposed to amend the substitute of Mr.

CONSTITUTIONAL CONVENTION.

401

Blodgett, by adding the following at the end of the first paragraph, to-wit:

Provided, That under such exemption, so set apart for a homestead, thgre shall not be included more than two "hundred and fifty acres of land.

Mr. Akenrian. proposed to amend the amendment of Mr. Madden, by striking out "two hundred and fifty," .and inserting "one hundred and sixty."
Upon the question of receiving the amendment of Mr. Akerman,'the yeas and nays were required to be recorded.

Those .who voted in the affirmative, are Messrs.

Aetkins, Akerman, Alexander, Anderson,
Ash burn,
Beaird,
Baldwin, Bell of Banks, Bowers, Bigby, Bracewell, Bryson, Casey, Claiborne, Costin, Crane, Crawi'ord, Crumley, Daley, Dunnegan, Foster of Paulding, Guilford, Harrison of Oarroll, Harrison of Hancock, Higbee, Houston, Holeombe, Hutcheson,

Knox, Lott, Maddox, Mathews,
Martin of Carroll, Martin of Calhoun, Martin of Habersham, McHan,
McCay, Miller,
Moore of White, Moore of Columbia, Neal, Palmer,
Pope, Rozar, Saffold, Shields, Smith of Coweta, Smith of Thomas, Shropshire, Supple,
Stone, Turner,
"Wallace, Whitehead of Burke, Woodey.

Those who voted in the negative, are Messrs,

Angler, Bentley, Bell of Oglethorpe, Bowden of Monroe,

Blodgett, Blount, Bryant, Brown,

402

JOURNAL. OF THE GEORGIA

Buchan,

Bullock,

Burnett,

Campbell,

Carson,

Cameron,

CaldweU,

Clift,

Chattel's,

Chambers,

Cooper,

Cobb of Houston,

Conley,

Getting,

Davis,

Dews,

Dinkins,

Dunning,

Edwards,

Flynn,

Fort,

Gibson,

Goodwin,

Gove,

Golden,

:

Griffin,

Harris of Newton,

Higden,

Hotchkiss,

Hopkins,

Hooks,

Howe,

Hudson,

Jackson, Joiner, Jordan, Key, King, Lee, Linder, Lumpkin, Madden, Maull, . Minor, McWhorter, Murphy, Noble, Potts, Prince, Eeynolds, Rice, Robertson, Sikes, Seeley, Speer, Srmmate, Strickland, Trammell, Traywick, Waiton, Waddell, Whitaker, Whitehead of Butts, Whiteley, Williams.

There are yeas 55; nays 73. So the amendment of

Mr. Akerrnan was not received.

Mr. Madden, by consent, withdrew his amendment.

Mr. Akerman renewed said motion to amend.

Mr. Blodgett called for the previous question.

Mr. Akerman rose 'to a point of order, assuming that

the debate having been ordered to cease on the pending

subject-matter, for the purpose of perfecting the same by

amendment, it was not in order to call the previous ques

tion, for the purpose of cutting off amendments.

The point of order was overruled by the Chair, and the

call for the previous question sustained.

CONSTITUTIONAL CONVENTION.

403

' The motion of Mr. Costin, to strike out all 'after the enacting clause, in the substitute offered by Mr. Blodgett, was ruled'out* of .order by the President, because there was no enacting clause in said substitute.
The following amendment, offered on yesterday by Mr. Akerman, was submitted, to-wit: Insert after the word "apart," where it first occurs, in the substitute, of Mr. Blodgett, the following: "exempt from sale under any judgment, decree or execution, founded on any debt con tracted after such real or personal property shall be set apart;" also, insert the word "such" between the words "any" and."judgment."
Upon the question of agreeing to the same, the yeas and nays were required to be recorded.

Those-who voted in. the affirmative, are Messrs.

Adkins, Akerman, Angler, .Beaird, Baldwin, Bell of Banks, Bowers, Bigby, Bracewell, Bryson, Cameron, Claiborne, Costin,
Crane, Crawford, Crumley,
Daley, Dunnegan, Foster of Paulding, 'Harrison of Carroll, Higbee, Houston,
Holcombe, Hutcheson, Knox,

Lee,
Lott, Maddox, Mathews, Martin of Carroll, Martin of^Calhou-n, Martin of"Habersham, McHan, Miller, Moore of White,
Neal, Rice, Rozar,
Saffold, Shields, Smith of Cow eta, Smith of Thomas,
Shropshire, Supple, Stanley, Stone, Trammell, Wallace, Waddell,
Woodey.

404

JOURNAL OP THE GEORGIA

Those who voted in the negative, are Messrs.

Alexander, Anderson, Ashburn,. Bentley, Bell of Oglethorpe, Bowden of Monroe, Blodgett, Blount, Bryant, Brown, Buchan,
Bullock, Burnett. Campbell,
Carson, Casey,
CaldweU, Clift, Chatters, Chambers,
Cooper, Cobb of Housto.% Conley, Crayton, Dotting, Davis,
Dews, Dinkins,
Dunning, Edwards, Flynn,
Fort, Gibson, Goodwill,
Gove,
Golden, Griffin, Guilford, Harris of Nekton, Harrison of Hancock,

Higden, Hotohkiss, Hopkins, Hooks, Howe, Hudson, Jackson, Joiner, Jordan,
Key, King, Linger, Lumpkin,
Gladden, Maull, Mc'Cay,
Minor, McWhorter, Modre of -Columbia, Murphy, Noble, Pope, Potts, Prince,
Reynolds, Robertson, Sikes,
Seeley, " Speer, Shumate, Stewart, Strickland, Trawick,
Walton, Whitaker, Whitehead of Burke, Whitehead of Butts, WMteley, Williams.

There are yeas 50; nays 79. So the amendment pro

posed by Mr. Akerman was not received.

The question recurring upon the adoption of the sub

stitute of Mr. Blodgett, Mr. Me Cay rose to a question of

privilege, inquiring of the Chair the effect of its adop

tion.

CONSTITUTIONAL CONVENTION.

405

. The Chair decided that the adoption of the substitute would place it in the position of the original report, and that the next question would be, "Shall the report, as amended, be adopted ?"
The substitute, of Mr. Blodgett was then adopted.

Upon the question, "Shall the report, as amended, be adopted?" the yeas and nays were required to be re
corded.
^
Those who voted in the affirmative, are Messrs.

.Alexander, Anderson, Asliburn, Bentley, Beaird, Bell of Oglethorpe, Bbwden of Monroe, Blodgett, Blount, Bry.ant, Brown, Buchan, Bullock, Burnett, Campbell, Carson, Casey, Caldwell, Clift, Chatters, Chambers, Cooper, Cpbb of Houston, Conley, Crayton, Cotting, Davis,
Dews, Dinkins, Dunning, Edwards, Flynn, Fort,
27

Gibson,
Goodwin, Gove, Golden, Griffin, Harris of N"ewton, Hotchkiss, HopkinSj Hooks, Ho we, Hudson, Jackson, Joiner,
Jordan, Key, Lee,
Linder, Lumpkin, Madden, Maull,
McCay, Minor, Miller,
McWhorter, Moore of Columbia, Murphy, Noble, Pope, Potts, Prince,
Reynolds, Rice, RobertsoB,

406

JOURNAL OF THB GBOEGIA

Sikes, Seeley, Smith of Coweta, Speer, Shumate, Stewart,

Striek'land, Trawick, Walton,
Whitaker, Whitehead of Butts, Whiteley.

Those who voted in the negative, are Messrs.

Adkins, Akerman, Angler, Baldwin,
Bell of Banks, Bowers,
Bigby, Bracewell,
Bryson, Cameron,
Claiborne, Costin, Crane, Crawford, Crumley, Daley,
Dunnegan, Foster of Paulding, Guilford, Harrison of Carroll, Harrison of Hancock, Higbee, Higden, Houston, Holcombe, Hutcheson, King,

Knox, Lott, Maddox, Mathews,
Martin of Can-oil, Martin of Calhoun, Martin of Habersham, McHan,
Moore of White, STeal,
Palmer, Rozar, Saffold, Shields, Smith of Thomas, Shropshire,
Supple, Stanley, Stone, Trammell,
Turner, Wallace, Waddell, Whitehead of Burke, Williams, Woodey.

There are yeas 78; nays 53. So the report, as amended, was adopted..

Mr. Conley moved a suspension of the Rule, for the purpose of offering the following resolution, to-wit:
Resolved, That this Convention will adjourn sine die on Saturday, March, 7th, at 3 o'clock p. m.
Upon the question of suspending the Rule, the yeas and nays were i-equired to be recorded.

CONSTITUTIONAL CONVENTION.

407

Those who voted in the affirmative, are Messrs.

Akerman, Alexander, Angier, Bell of Banks, Bowers,
Bigby, Blpuut, Bracewell, Bryson, Burnett, Canle.ron, Claiborne, Cooper, Costin, Con\ey, Crane, Crawford, Davis, D.ews, Dunnegan, Flynn, Foster of Paulding, Gibson, Goodwin, - Gove, Griffin, Harris of Newton, Harrison of Carrol!, Higden, Hotchkiss, Houston, Holcombe, Hooks,

Hudson, Hutcheson, Jordan, Key, King, Knox, Lee, Lott,
Mathews, Martin of Carroll; Martin of Calhoun, Martin of Habersham, McHan,
MoCay, Miller, Moore of White, Neal, Noble, Rice, Robertson, Saffold, Shields, Smith of Coweta, Smith of Thomas, Speer, Shropshire, Stone, Trammell, Trawick, Waddell, Whiteley, Williams, "VVoodey.

Those who voted in the negative, are Messrs.

Adkins, Anderson, Ashburn, Bentley, Beaird, Baldwin, Bell of OglethorpE, Blodgett, Bryant, Brown, Buchan, Campbell,

Carson, Casey, Caldwell, Clift, Chatters, Chambers, Cobb of Houston, Crayton, Crumley, Cotting, Daley, DinkmSj

408

JOU-MTAL OF THE GEORGIA

Dunning, Edwards, Golden, Guili'ord, Harrison of Hancock, Higbee, Hopkins, J.ickson, Joiner, Linder, Lumpkin, Madden, Maddox, Maull, Minor, Moore of Columbia, Murphy, Palmer,

Pope, Potts, Prince, Reynolds, Rozar, Sikes, Seeley, Shumate, Stewart, Supple, Stanley, Strickland, "Walton, Wallace, Whitaker, Whitehead of Bui-ke, Whitehead of Butts.

There are yeas 66; nays 59. So the motion to suspend

the Rule was lost.

Mr. Gonley in the Chair.

On motion of Mr. "Whiteley, the Rule was suspended,

and the Bill of Rights taken up.

Mr. Murphy offered the following, to be known as sec

tion thirty of said Bill of Rights, t-o-wit:

Manual and mechanical labor shall have such lien upon its products, and such remedies for its collection, and such priori ties, as is now provided by law in cases of rent.

Mr. Getting offered the' following, as a substitute for the section proposed by Mr. Murphy. The same was accepted by Mr. Murphy, in lieu of his section, which, by permission, he withdrew:

Mechanics and laborers shall have liens upon the property of their employers for labor performed and material furnished; and the Legislature shall provide for the summary enforcement of the same.
Mr. Lee moved to amend as follows:

AIM the employers shall have liens on all crops, for pro visions furnished employees.
The amendment of Mr. Lee was lost.

CONSTITUTIONAL CONVENTION.

409

The substitute of Mr. Getting, accepted by Mr. Murpliy, was adopted.
Mr. "Whiteley proposed to amend the second section, by adding the following thereto, to-wit:

And it shall be the duty of the General Assembly, by appro

priate legislation, to protect every person ia the due enjoyment

of the rights, privileges and immunities guaranteed in this

section.

The sajne was adopted,

.

.Mr. Asnburn proposed the following, to be known as

the nineteenth section of the Bill of Rights, to-wit:

Ho Court in this State shall have jurisdiction to hear or determine any suit, or render judgment in any case, against any resident of this State, upon any contract or agreement made or entered into, or upon any contract made in renewal of a debt/existing prior to the first day of April, 1867; nor shall any Court or ministerial officer of this State have jurisdiction or authority to enforce any judgment, execution or decree, rendered or issued upon any contract or agreement, or renewal thereof, prior to said first day of April, 186*7, except in the following cases, in which the Courts and ministerial officers shall have j urisdiction and authority :
All debts growing out of trust estates, and the claims of widows, minors and orphans; Provided, Said claims existed prior to the .19th day of January, 1861.
After the first day of January, 1870, the Legislature may open the Courts, by a two-thirds vote, to meritorious claims, for their adjustment.

Mr. Speer moved the indefinite postponement of the same, and, on this motion, called for the previous ques tion.
Mr. McCay rose to a point of order, assuming that the proposition of Mr. Ashburn was not germain to the Bill of Sights.
The President pro tern. (Mr. Conley in the Chair) over ruled the point of order.
Mr. Ashburn, by consent, withdrew his proposition.

410

JOURNAL 03? THE GEORGIA

Mr. Whiteley moved the adoption of the Bill of-Rights, as amended.
Mr. Parrott called for the previous question, which was sustained.
The Bill of Rights, as amended, was adopted.
Mr. Whiteley moved its reference to the Committee on Revision.
Mr. "Waddell moved to amend the motion of Mr. "Whiteley, by adding, that said Committee be instructed to strike out the thirty-sixth section of said report.
Mr. Hotchkiss rose to a point of order, assuming that a motion to amend the report was out of order after the adoption of the report.
The point of order was sustained by the Chair.
The motion of Mr. Whiteley, to refer, prevailed.
The report of the Committee on Judiciary Department was taken up, as unfinished business, the third paragraph of the first section being first in order.
Mr. Bell of Banks, moved to amend said section, by striking out from the third line the words "the seat of government," and inserting, in lieu thereof, the words "at four places, to be designated by the General Assem bly."
Mr. Dunning moved to amend said section, by adding thereto the following:
The seat of government" of this State, from and after the date of the ratification of this Constitution, shall be in the City of Atlanta; and the General Assembly shall provide for the erection of a new State House, and such other buildings as the public welfare may require.

Mr. McCay rose to a-point of order, assuming that the proposed amendment was not germain to the subjectmatter under consideration.
The point of order was overruled by the Chair.

CONSTITUTIONAL CONVENTION.

411

' Mr. Bigby called for the reading of the following com munication, laid by the President on the Secretary's desk, to-wit:
CLERK'S OFFICE, CITY COUNCIL, ) ATLANTA, GA., February 2), 1868. j
Hon. J". R. Parrott, President State Constitutional Con vention.
At a regular meeting of the Mayor and- City Council of Atlanta, thrifs evening, .
On motion of Councilman Cox, the regular order of business was suspended, and the following resolution unanimously adopted: -
WHEBE4S, a proposition is now pending before the State Convention, now in session in this city, to remove the Capital to Atlanta. Therefore,
Resolved, That we hereby tender the use of the City Hall for the use of the State Legislature, and all buildings necessary for State officers, free of all cost, for the space of five years.
If the City Hall is not acceptable, we propose to fit up other halls, etc., for the use of the legislative sessions for the abovementioned time.
The above is a true extract from the Minutes of Council. S. B. LOVE, Clerk.
Mr. Whiteley moved that the amendment of Mr. Dun ning be referred^ to a Special Committee of five, with instructions to consult with the City Councils of Macon, Atlanta and Augusta in reference thereto, and that they report to the Convention at an early day.
Mr. Bryant called for the previous question, which was sustained, on the motion of Mr. Whiteley.
Said motion did not prevail. Mr. Speer proposed to amend the amendment of Mr. Dunning, by striking out "Atlanta" and inserting "Macon."
This amendment was ruled out of order by the Presi dent pro fern., who decided that the previous question, which had been sustained, brought the Convention to a

412

OF THE GEORGIA

vote, first on the amendment upon which it was called, and then the remaining amendments pending.
From this decision Mr. Bryant appealed. Upon the question of sustaining the decision of the Chair, the yeas and nays were required to be recorded.

Those who voted in the affirmative, are Messrs.

Adkins, Alexander, Angler, Ashburn, Beaird, Bell of Banks, Bowden of Monroe, Blodgett-,
Bigby, Brown, Bracewell, Bryson, Bullock, Ca'mpbell,Carson, Casey, Caldwell, Clift, Chatters, Claiborne, Chambers, Cooper, Cobb of Houston,* Gostin, Crane, Crawford, Crayton, Davis, Daley, Dinkins, Dunning, Dunnegan, Edwards, Flynn, Foster of Paulding, Goodwin, Golden, Guilford, Harris of N"ewton, Harrison of Carroll,

Havrison of Hancock, Higbee, Hotchkiss, Holcombe, Hopkins, Hudson, Hutcheson, Jackson, Joiner, Key, King, Knox, Lee, Linder, Lott, Lumpkin, Madden, Maddox, Mathews, Martin of Calhonn, Martin of Carroll, Martin of Habersham, McJIan, McCay, Minor, Miller, Moore of White, Moore of Columbia, Murphy, Noble, Palmer, Pope, Potts, Prince, Reynolds, Rozar, Robertson, Sikes, Shields, Seeley,

CONSTITUTIONAL CONVENTION.

413

Smith of Goweta, Smith of Thomas, Shropshire, Shuinate, Stewart, Stanley,

Trammell, Trawick, Walton, Whitaker, Whitehead of Burke, Williams.

Those who voted in the negative, are Messrs.

Akerjaan, ' Bentley, Baldwin, Bowers, Bryjant, Cameron, Dews, Gove, Griffin, Higden,

Hooks,

Eice,

. Speer,

Supple,

Stone,

.

Turner,

Wallace,

Waddell,

Whiteley.

There are yeas 92; 'nays 19. So the decision of the Chair was sustained.
The hour of 8 o'clock p. m. having arrived, the Presi dent declared the Convention adjourned until 9|- o'clock a. m., to-morrow.

Atlanta, G-a., Thursday, February 27, 1868.
The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. Mr. Akerman gave notice that he would move a recon sideration of so much of the Journal of yesterday as relates to the action of the Convention in regard to the subject of homestead, except such amendments as were, on yesterday, reconsidered. Mr. Whiteley gave notice that he should move a recon sideration of so much of said Journal as relates to the refusal of the Convention to refer the amendment of Mr. Dunning, on the subject of removing the Capital, to a Special Committee.

414

JOURNAL OF THE GEORGIA

Mr. McCay gave notice that he should move a recon sideration of so much of the Journal as refers to the entire action of the Convention on yesterday, on said amendment of Mr. Dunning, including the previous question.
The motion of Mr. Akerman to reconsider was taken up. Mr. Blodgett rose to a point of order, assuming that, as the action in regard to homestead had been incorporated into the Bill of Rights, which had been referred to the Committee on Revision, the matter sought to be recon sidered could only be reached by a reconsideration of said reference. The President pro tern. (Mr. Conley in the Chair) de cided that the motion of Mr. Akerman embraced the action of reference to the Committee on Revision, and that the motion was therefore in order. The same did not prevail. The following communication and accompanying Pre amble and Resolutions, laid on the Secretary's desk by the President, were read, to-wit:

CITY OF ATLANTA,

)

CLEBK'S OFFICE, February 26, 1868. \

Hon. J~. H. Parrott, President State Convention: I am directed by the Mayor and Council of Atlanta to trans
mit to you, for the consideration of the Convention, the enclosed certified copy--Preamble and Resolutions.
Very respectfully, your obedient servant, S. B. LOVE, Clerk City Council.

COUNCIL CHAMBER,

)

ATLANTA, GA., Feb. 26, 1868. j

At a special meeting of the Mayor and City Council of Atlanta, held this evening, on motion of Councilman Peters., the following Preamble and Resolutions were unanimously adopted:

WHEBEAS, There is a proposition pending before the State

CONSTITUTIONAL CONVENTION.

415

Constitutional Convention of Georgia, now in session, to locate the Capital of Georgia in this City, from and after the ratifica tion of the Constitution to be adopted by said Convention--
1. Resolved, That, in consideration of the location of said Capital, as proposed.by said Convention, the City Council of Atlanta do hereby agree, covenant, and bind the City of Atlanta, free of cost to the State, to furnish, for the space of ten years, if needed, suitable buildings for the General Assembly, for the residence of the Governor, and for all the offices needed by such officers as are generally located in the State House, and also suitable rooms for the State Library and for the Supreme Court.
2. Resolved, That we also agree to donate to the State of Georgia 'the Fair Grounds, containing twenty-five acres, as a location for the Capitol; and, if the location is not desired, to donate in lieu of the Fair Grounds any other unoccupied ten acres "of ground in the City that may be selected by the General Assembly as a more appropriate place for the Capitol and Gov ernor's Mansion.

CLERK'S OFFICE, CITY COUNCIL, ) ATLANTA, GA., Feb. 26, 1868. \

I certify that the above and foregoing is a true extract from

the minutes of the City Council of Atlanta.

[Seal of City.]

S. B. LOVE, Clerk.

Mr. Whiteley withdrew his motion to reconsider. The unfinished business of yesterday was resumed, towit: the report of the Committee on the Judiciary De partment--the third paragraph of the first section, with the pending amendments of Mr. Bell of Banks, and Mr. Dunning, upon which the previous question had been

called and sustained, being first in order. At this juncture Mr. McCay called,the attention of the

President pro tern, to the notice given of a motion to re consider by him, and made the motion limiting the same to the action of the Convention in sustaining the previous

question on the foregoing paragraph and proposed amend ments.

416

JOURNAL OF THE GEORGIA

Mr. Miller rose to a point of order, stating that the un finished "business having been resumed, it was too late for the motion to reconsider.
The point of order was overruled by the Chair. Mr. Bullock called for the previous question, which was sustained. The motion of Mr. McCay to reconsider was lost. The question recurring on the amendment of Mr. Dunning, Mr. Whiteley required the yeas and nays to be recorded thereon. Those who voted in the affirmative, are Messrs.

Adkins,

Alexander,

Angler,

Ashburn,

Beaird,

Bell of Banks,

Bell of Oglethorpe,

Bowden of Campbell,

Blodgett,

Bigby,

Blount,

Bryaut,

Brown,

Brace well,

Bryson,

>

Buchan.

Bullock',,

Burnett,

Campbell,

Carson,

C aid well,

Clift,

Chatters,

Claiborne,

Chambers,

Cooper,

Costin,

Conley,

Crane,

Crawford,

Cray ton,

Crumley,

Dayis,

Daley, Dinkins, D aiming, Dunnegan, Edwards, Ellington, Flynn, Foster of Paulding, Gibson, Goodwin, Golden, Guilford, Harris of Newton, Harrison of Carroll, Harrison of Hancock, Higbee, Hotchkiss, Houston, Holcombe, Hopkins, Howe, Hutch eson, Jackson, Jones, Jordan, Key, King, Knox, Lee, Linder, Lott, Lumpkin, Madden,

CONSTITUTIONAL CONVENTION.

417

Maddox,

Maull,

.'

Mathews,

Martin of Carroll,

Martin of Habersham,

Mcllan,

Minor, .

Miller,'

Moore of White,

Moore-of Columbia,

Murphy,

Noble,

Pope, '

Potts,,

Prince,

Reynolds,

Rozar,

Sikes, Shields,, _ Seeley, Smith of. Coweta, Smith of Thomas, , Speer, Shropshire,
Shumate, Strickland, Trammell, . , Trawick,
Waddell, Whitaker, Whitehead of Burke, Williams,
Woodey.

Those who voted in the negative, are Messrs.

Akerman, Anderson, Beiitley, Baldwin, Bowden of Monroe, Bowers, Canieron, Cobb of Houston, Getting, Dews,
Gove, Griffin, Higden,
Hooks, Hudson,

Joiner, Martin of Calhoun, McCay, McWhorter, . N"eal s Palmer, Rice, Saffdld,
Supple, Stone,
Turner, Walton, Wallace,
Whitehead of Butts, Whiteley.

There are yeas 99; nays 30. So the amendment of Mr. Dunning was agreed to.
On motion of Mr. Miller, the Rule was suspended for the introduction of the following Resolution by Mr. Blount, to-wit:

Resolved, That this Convention, in behalf of the State, hereby accepts the proposition of the City of Atlanta for the removal of the Capital of the State to said City, and will incor porate in the Constitution of the State a provision securing said removal, and will hold the City to a just and full compli ance with said proposition.

418

JOURNAL OF THE GEORGIA

Mr. Akerman offered the following amendment, which

was accepted by Mr. Blount:

The General Assembly shall have power to provide for the temporary removal of the seat of government, in case of inva

sion, pestilence, or other pressing emergency.

Mr. McCay proposed to amend said Eesolution as fol

lows, "to-wit:

The provision for the fixing of the seat of government shall not be operative until the City of Atlanta shall (in the judg

ment of the Governor, which he shall make known by procla

mation) have fully complied with its undertaking this day made.

Upon the question of agreeing to the proposed amend

ment of Mr. McCay, the yeas and nays were required to

be recorded.

Those who voted in the affirmative, are Messrs.

Adkins,

Anderson,

Bentley,

Beaird,

Baldwin,

Bell of Oglethorpe,

Bell of Banks,

Bowclen of Monroe,

Blodgett,

Blount,

Bryant,

Buchan,

Campbell,

Carson,

Cameron,

Chatters,

Cobb of Houston,

Crayton,

Cotting,

Dews,

DhikinSj

Edwards,

Golden,

Griffin,

HaiTison of Hancock,

Higden, .

.

Hooks,

Hudson,

Joiner,

Jones,

Knox, Linder, Lumpkin, Madden, Martin of Calhoun, McCay, Minor, Moore of Columbia, Murphy, ISTeal, Noble, Palmer,
Pope, Prince, Reynolds,
Rice,
Rozar, Saffold,
Seeley, Smith of Thomas, Supple, Stanley, Stone,
Striokland,
Trawick,
Walton,
Wallace,
Whitaker, Whitehead of Butts,
Whiteley.

CONSTITUTIONAL CONVENTION.

419

Those who voted in the negative, are Messrs.

Akerman, Alexander, Angler. Ashburn, Bowdeu of Campbell, Bowers, Bigby, Brown, Braeewell, Bryson, Bm-nett, Claiborne, Chambers, Cooper, Co'stin, Conley, Crane, Crawford, Crumley, . Davis, Baley, Dunning, Dunnegan, Ellington, Foster of Paulding, Gilbert, Goodwin, Guilford, Harris of Newton, Harrison of CarroII, Higbee,

Hotchkiss, Houston, Holcpmbe, Hopkins, Howe, Hutcheson, Jackson, Key, King, Lee, Lott, Maddox, Maull, Mathews, Martin of Carroll, Martin of Habersham, McHan, Miller, Moore of White, Robertson, Sikes, Shields, Smith of Coweta, Speer, Shropshire, Shumate, Trammell, Whitehead of Burke, Williams, Woodey.

There are yeas 60; nays 61. So the amendment was not agreed to.

Mr. Hotchkiss moved a suspension of the Eule for the introduction of the following Resolution, to-wit:

Resolved, That the report of the Committee on the Judiciary be adopted as a whole, and the Committee on Revision be required to so alter the phraseology as to make it conform to the instructions of the Convention concerning the same, and the vote taking up the report by sections be rescinded.

The motion to suspend the Eule did not prevail.

420

JOURNAL OP THE GBOBGIA

Mr. Speer moved to suspend the Rule for the introduc tion of a Resolution.
Mr. McCay rose to a point of order, assuming that, as the previous question had been called and sustained on the third paragraph and first section of the Judiciary Report and amendments proposed thereto, the motion to suspend the Rule was not in order.
The point of order was sustained by the President. The question recurring upon the amendment proposed by Mr. Bell, the same was not received. The third paragraph of the first section of the report of the Committee on the Judiciary Department was adopted as amended, and is as follows, to-wit:

3. The Supreme Court shall have no original jurisdiction, but shall be a Court alone for the trial and correction of errors from the Superior Courts and from the City Courts of Savannah and Augusta, and such other like Courts as may be hereafter established in other cities ; and shall sit at the seat of govern ment at such times in each year as shall be prescribed by law, for the trial and determination of writs of error from said Superior and City Courts. The days on which the cases from the several Circuits and City Courts shall be taken up by the Court shall be fixed by law. The seat of government of this State, from and after the date of the ratification of this Consti tution, shall be in the City of Atlanta, and the General Assembly shall provide for the erection of a new State House and such other buildings as the public welfare may require.

Mr. Speer moved a suspension of the Rule for 'die intro duction of the following Resolution, to-wit:

Eesolved,. That from aiyl after to-morrow, the daily hours of the meeting of this Convention shall be 9j o'clock a. m: and 3 o'clock p. m., and the hours of adjournment 1 o'clock p. m. and 6 o'clock p. m.

Upon the question of suspending the Rule the yeas and nays were required to be recorded.

CONSTITUTIONAL CONVENTION.

421

Those who voted in the affirmative, are Messrs.

AdMns,

Hopkins,

Angler.

Hooks,

Beaird,

Hudson,

Baldwin,

Hutcheson,

Bell of Banks,

Joiner,

Bowden of Campbell,

Key,

Bowden of Monroe,

King,

Bowers,

Knox,

Blodgett,

Lee,

Bigby,

Linder,

Blount,

Lott,

Bryant,

Madden,

Brown,

Maull,

Bracewell,

Mathews,

Bryson,

Martin of Calhoun,

Buchan,

Martin of Habersham,

Bullock,

MoHan,

Carson,

McCay,

Cameron,

Miller,

Chatters,

Moore of White,

Conley,

Moore of Columbia,

Crane,

Murphy,

Crayton,

Neal,

Da vis,

Palmer,

Daley,

Prince,

Dews,

Eice,

Dunning,

Rozar,

Dunnegan,

Robertson,

Ellington,

Shields,

Foster of Paulding,

Seeley,

Gilbert, Goodwin,

Smith of Coweta, Smith of Thomas,

Gove,

Speer,

Griffin,

Shropshire,

Guilford,

Supple,

Harris of Newton,

Stanley,

Harrison of Oarroll,

Trammell,

Harrison of Hancock,

Trawick,

Higden,

Turner,

Hotchkiss,

Waddell,

Houston,

Williams,

Holcoiabe,

Woodey.

Those who voted in the negative, are Messrs.

Akerman, Alexander, Anderson, Ashburn,

. Bentley,
Bell of Oglethorpe, Burnett, Campbell,

422

JOURNAL OP THE''GEORGIA

Claiborne,

Chambers,

Cooper,

Cobb of Houston,

Costin,

Crawford,

Crumley,

Getting,

Dinkins,

Edwards,

Golden,

Higbee,

Howe,

Jackson,

Jones,

Lvimpkin,

.

Maddox, "Martin of Carroll, Minor,
Noble, Pope, Reynolds, Saffold, Sikes, Shumate, Stone, Striokland, Walton,
' Wallace, Whitaker,
Whitehead of Burke, Whiteley.

There are yeas 84; nays 40. So the motion to suspend the Rule prevailed.
The Resolution of Mr. Speer was taken up and read.
Mr. Strickland proposed to amend the same as follows, to-wit:
Resolved, That hereafter speeches be limited to five minutes, and no delegate be permitted to speak more than twice on thesame question.
Mr. McCay offered the following as a substitute for the original Resolution and proposed amendment, to-wit:
Resolved, That hereafter no member shall address the Con vention more than five minutes at any one time, unless by unanimous consent.
Mr. Whiteley called for the previous question, which was sustained.
The main question was put, and the proposed substitute of Mr. McOay was not adopted.
The President ruled the amendment of Mr. Strickland out of order, because identical with the proposition of Me. McCay, rejected by the Convention.
From this decision Mr. McCay appealed, and the de cision of the Chair was not sustained.

CONSTITUTIONAL CONVENTION.

423

The question recurring on said amendment of Mr. Strickland, the yeas and nays were required to be re corded. .

Those who -voted in the affirmative, are Messrs.

Adkias, Alexander, Angler,
Bentley, Baldwin, Bowers,
Blodgett, Blount,
Brown, Br-acewell, Bry'son, Buchan, Bullock, Campbell, Carson, Claiborne, Cooper, Cobb of Houston, Conley, Crawford, Cotting, Davis,
Daley, Dews, Dinkins, Dunning,
Dunnegan, Edwards,
Ellington, Gilbert, Goodwin, Griffin,
Guilford, Harris of Newton, Harrison of CarroU, Higden,
Hotchkiss, Houston. Hopkins, '
Hooks,

Hvitcheson, Jackson, Joiner,
Jones, Key,
Knox, 1/ee,
Lincler, Lott, Lumpkin,
Maull, Mathews, Martin of Calhoun, Martin of- Habersham, Me Cay, McHan, Moore of White, Moore of Columbia, Neal, Palmer, Pope, Potts, Rozar, Robertson, Shields, Seeley,
Smith of Thomas, Speer, Shropshire,
Stanley, "Stone,
Strickland, Trawick, Walton, Whitaker,
Whiteheadof Burke,. Whiteley, Williams, Woodey.

424

JOURNAL OF THE GEORGIA

Those who voted in the negative, are Messrs.

Akerman,

Andersen,

.

Ashburn,

Beaird,

Bell of Banks,

Bell of Oglethorpe,

Bowden of Campbell,

Bigby,

Bryant,

Burnett,

Cameron,

Chatters,

Chambers,

Costin,

Crayton,

Crumley,



Foster of Paulding,

Gove,

Golden,

Harrison of Hancock,

Higbee, Holcombe, Hudson, King, Madden, Maddox, Martin of Carroll, Minor,
Murphy, Noble, Prince, Reynolds, Rice, Saffold,
Sikes, Smith of Coweta, Shumate, Trammell, Wallace, Waddell.

There are yeas 79; .nays 40. So the amendment was received.
The Eesoltition, as amended, was adopted, and is as follows, to-wit:

JResolved, That from and after to-morrow, the daily hours of meeting of this Convention shall be 9-J- o'clock a. m. and 3 o'clock p. m., and the hours of adjournment 1 o'clock p.m. and 6 o'clock p. m.

Resolved, That hereafter speeches be limited to five iainutes> and no delegate be permitted to speak more than twice oa the same question.

The Convention resumed the consideration of the re port of the Committee on the Judiciary Department.
On the question of adopting the fourth paragraph of the first section, Mr. Whiteley called for the previous question, which was sustained.
Said paragraph was" adopted without amendment. Mr. Eolcombe moved to strike out the fifth paragraph. The motion did not prevail.

. CONSTITUTIONAL CONVENTION.

425

Mv. Whiteley called for the previous question, which was sustained.
The main question was put, and the fifth paragraph of the first section was adopted without amendment.
Mr. McCay offered the following as an additional para graph, to be known as paragraph six of the first section, to-wit: '
All Courts not specially mentioned by name'in the first para graph of this section may be abolished in any county, at the discretion of the General Assembly; and no Judge of any Court in this State shall have power to punish any crime by a fine alternately -with any other penalty, nor to affix any other penalty for failure to pay a fine.

Mr. .Bryaut moved to amend by striking out. the word

"and."' -

:

This amendment was accepted by Mr. McCay. M. Parrott proposed to amend the same by adding the following at the close of the first clause, to-wit:

And the County Courts now existing in Georgia are hereby abolished.
Mr. Eryant called for a division of the question. The vote was taken on the amendment of Mr. Parrott, which was received. The first clause, as amended, was adopted. The second clause of said sixth paragraph was stricken out.
The sixth paragraph, as amended, was adopted, and is as follows, to-wit:

All Courts not specially mentioned by name, in the first para graph of this section, may be abolished in any county, at the discretion of the General Assembly; and the County Courts now existing in Georgia are hereby abolished.

Leave of absence was granted Mr. Hc-oks until Monday night.
The Convention, on motion, adjourned until 9J o'clock a. m., to-morrow.

428

JOUKNAL OF THE GEORGIA

Atlanta, Get., Friday, February 28, 1868. The Convention met pursuant to adjournment. Prayer by the Chaplain. The Journal was read; and Mr. Gove moved a reconsideration of so much thereof as relates to the action of the Convention on the subject of the removal of the Capital. On motion of Mr. "Whiteley, the foregoing motion, to reconsider, was indefinitely postponed. Mr. Smith, of Coweta, moved a reconsideration of so much of the Journal of yesterday as relates to the adop tion of the-Resolution, fixing the daily hours of meeting and adjournment, and limiting the speeches of members, giving notice that, if his motion prevailed, he should offer the following:
Resolved, That, after this day, there shall be two sessions daily, to-wit: Meet at 9 a. m.; adjourn at 2 p. m. Meet at T p. m.; adjourn at 10 p. m.
That no subject, not strictly pertaining to the Constitution, be considered, until the Constitution be completed.
That, until said completion of the Constitution, no delegate be allowed to speak more than twenty minutes on any one question.
Mr. Speer called for the previous question, which was sustained.
The main question was put, and the motion to recon sider was lost.
Mr. Walton moved a suspension of the Rule, for the introduction of a Resolution relative to adjournment sine die, on Wednesday, llth day of March ; and also,
A Resolution in regard to the auditing of accounts of members, officers, employees, and for incidental expenses.
The motion did not prevail. Mr. Madden moved a suspension of the Rule, for the introduction of the following Resolutions, to-wit:
Resolved, That we, the people of Georgia, friends of recon.

CONSTITUTIONAL f

CONVENTION.

427

struction, in Convention assembled, now striving to bring about a speedy settlement of our national difficulties, and to place our beloved State once more on the same status as the loyal States of the- Union, thereby promoting the best interests of Georgia, and initiating peace and prosperity again within her borders, do hereby endorse the action of Congress in impeach ing Andrew Johnson, acting President of the United States.
Resolved, That copies of the foregoing Eesolution be for warded to the President of the Senate and Speaker of the House of Representatives of the United States.

Mr. "W'hiteley moved to lay said motion on the table. Upon this the yeas and nays were required to be re corded.

Those,who voted in the affirmative, are Messrs.

Akerrnan,

Angier,

Ashburn,

Bedford,

Bell of Banks,

Bowden of Campbell,

Bowden of Monroe,

Bowers,

Bigby,

Blount,

Brown,

Bryson, .

Carson,

Cameron,

Casey,

.

Caldwell,

Chatters,

Cooper,

Crane,

Crawford,

Crumley,

Davis,

Dews,

Dinkins,

Edwards,

Flynn,

Fields,

Foster of Paulding,

Goodwin,

<3-ove,

Griffin, Harris of Newton, Harrison of Carroll, Higden, Hotchkiss,
Holcombe, Howe, Hudson, Hutcheson, Jordan, E-e7>
King5 Knox, Lee,
Lott, Lumpkis, Maddox, Mathews, Martin of Calhoun, Martin of Habersham, McHan, McCay, Miller,
McWhorter, Moore of White, Neal,
Potts, Bqbertson, Saffold,
Seeley,

428

JOURNAL OF THE

Smith of Coweta, Smith of Thomas,
Spee'r, Shropshire, "Shuinate, Trammell,

Tray wick, Turner, Walton,
Whiteley,, Woodey.

Those who voted in the negative, are Messrs.

Adkins, Alexander, Anderson,
Bentley, Beaird, Baldwin, Bell of Oglethorpe, Blodgett, Bryant, Bracewell, Bullock, Campbell, Clift, Claiborne, Cobb of Houston, Costin, Conley, Crayton, Getting, Daley, Dunning,
Dunnegan, Ellington, Golden, Guilford, Harris of Chatham,

Harrison of Hancock, Higbee, Jackson, Joiner,
Jones, Linder,
Madden, Maull, Minor,
Moore of Columbia,, Murphy, Noble, Palmer,
Pope, Prince, Eeynolds, Rice, Sikes, Shields, Stewart, Supple, Stone, Strickland, Wallace, Whitehead of Butts, Williams.

There are yeas 71; nays 52. So the motion to lay on the table prevailed.
Mr. Hotchkiss moved a suspension of the Rule, for the introduction of a Resolution providing that, when this Convention adjourns, it shall adjourn subject to the call of the President or the Governor, if said call be made within three months from the date of adjournment.
On motion of Mr. Bryant, said motion was laid on the table.

CONSTITUTIONAL CONVENTION.

429

> Mr. "Walton moved a suspension of the Rule, for the introduction of the following Resolution, to-wit:
Resolved, That the General Commanding be, and he is hereby, respectfully requested to provide for the payment of this Convention up to, and including the llth day of March next.
Upon this motion Mr. Bullock called for the previous question, which was sustained.
The main'question was put, the Rule was suspended, the Resolution taken up and agreed to.
Mr. Hopkins moved a suspension of the Rule, for the introduction of a Resolution relative to- compensation of Governor Ruger and others.
On this motion Mr. Bryant called for the previous ques tion, which was sustained.
The main question.was put, and the motion to suspend the Rule was lost.
Mr. Foster, of Paulding, moved a suspension of the Rule, for the introduction of a Resolution providing that, after the llth day of March, members should receive no per diem pay.
The motion to suspend the Rule did not prevail.
The consideration of the report of the Committee on the Judiciary Department was resumed, as unfinished business, the first paragraph of the second section being first in order.
On motion of Mr. Crane, the first paragraph of the second section was'amended as follows, to-wit: Insert after the word "Courts," in the first line, the words "and a Solicitor-General;" strike out the word "he," in the first line, and insert the words "the Judge;" insert after the word " Judges," in the second line, the words "and Solicitors-General."

430

JOURNAL OP THE GEORGIA

The first paragraph, second section, was adopted, as amended, and is as follows, to-wit:

There shall be a Judge of the Superior Courts and a Solici tor-General for each Judicial Circuit. The Judges may act in other Circuits, when authorized -by law. At the first appoint ment of such Judges and Solicitors-General, under this Consti tution, one-half of the number (as near as may be) shall be appointed for four years, and the other half for eight years; but all subsequent appointments, except to fill unexpired terms, shall be for the term of eight years.
On motion of Mr. McCay, the second paragraph of the second section was amended as follows: After the word "cases," in the third and fourth lines, insert "except as hereafter excepted," and strike out from the fourth and fifth lines the words "where the principal sura claimed exceeds one hundred dollars."
Said paragraph, as amended, was adopted, and is as follows:
2. The Superior Courts shall have exclusive jurisdiction in cases of divorces; in criminal cases, where the offender is sub jected to loss of life or to confinement in the Penitentiary; in oases respecting titles to land, and in equity cases, except as hereafter provided. But the General Assembly sb all have power to merge the common law and equity jurisdiction of said Courts. Said Courts shall have jurisdiction in all other civil cases, except as hereafter provided. They shall have appellate jurisdiction in all such cases as may be provided by law. They shall have power to correct errors in inferior judicatories by writ of eertiorari, which shall only issue on the sanction of the Judge; and to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall" have such other powers as shall be conferred on them by law.
The third paragraph of the second section was amended as follows, on motion of Mr. McCay: After the word "cases," in the third line, insert the words "founded on

CONSTITUTIONAL CONVENTION.

481

contract;" and after the word "filed," at the end of said paragraph, add the words "on oath."

Said paragraph, as amended, was adopted, and is as fol

lows :

.

3. There shall be no appeal from one Jury in the Superior Courts to another; but the Court may grant new trials on legal grounds. The Court shall render judgment, without the ver dict of a Jury, in all civil cases founded on contract, where an issuable defence is not filed on oath.

Mr. Hotchkiss moved to' amend the fourth paragraph of second section, by substituting "four" for "two."

On motion of Mr. McCay, action on said paragraph was deferred until the third and fourth sections should be disposed of.
Mr. Davis moved to strike out the first paragraph of the third section.

Mr. Bryant moved to strike out the word "shall," in the first line of said paragraph, and insert "may."

This amendment was lost.

Mr. Whit el ey offered the following as a substitute for the whole of said paragraph, to-wit:

Par. 1. Until the General Assembly shall .otherwise direct, there shall be a District Judge and a District Attorney for each Senatorial District in this State.
Par. 2. It shall be th-e duty of the. District Judge to hear and determine all offences not punishable with death or im prisonment in the Penitentiary; and the duty of the District Attorney to represent the State in all cases before the District Judge.
Par. 3. The District Judge shall sit at stated times, not less than once in each month, in each. County in his District, for the summary trial of offences, and at such other times as the General Assembly may direct.

432

JOURNAL 01" THE GEOBGIA

Par. 4. Offences shall be tried before the District Judge on a written, accusation founded on the customary affidavit, and shall plainly set forth the offence charged, shall contain the name of the accuser, and be signed by the District Attorney.
Par. 5. There shall be no Jury trial before the District Judge except when demanded by the accused, in which case the Jury shall consist of seven.
Par. 6. Tne District Judges and Attorneys shall hold their offices for a period of four years, and shall receive for their services such stated compensation, in their respective Districts, as may be provided by law, but in no event shall said compen sation be in anywise dependent on fines, forfeitures, or costs.
Mr. Clift called for the previous question, whi eh was sustained.
The proposed substitute of Mr. Whiteley was adoptedThe remainder of the third section was stricken out, and said section adopted as amended.On motion of Mr. Davis, the last sentence of the first paragraph, fourth section, was stricken out. On motion of Mr. Akerman, the following was adopted as the second paragraph of the fourth section, "to-wit:
The Court of Ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, County funds and taxes, and other matters, as shall be con ferred on them by law. - On motion of Mr. Getting, the following was added, as the third paragraph of the fourth section, to-wit:
The Ordinary shall hold his office for the term of four years, and until his successor is appointed and qualified.
Mr. Speer moved to amend the first paragraph of the fifth section, by striking out "one" and inserting "two."
The amendment was not received. Said paragraph was adopted without amendment. Mr. Parrott proposed to amend the second paragraph of the fifth section, by striking out "fifty" and inserting "one hundred."

CONSTITUTIONAL CONVENTION.

433

Mr, McCay proposed to further amend said paragraph, by adding, at the -end thereof, the following, to-wit:
But in oases where the judgment is for inore than fifty dol lars, there may be an appeal to the Superior Courts, under such regulations as may be prescribed by law.
The amendment of Mr. McCay was accepted by Mr. Parrott, whose amendment, as amended, was received.
The second paragraph, as amended, was adopted, and is as follows: / .
The Justices of the Peace shall have jurisdiction in all civil cases, where the principal sum claimed does not exceed one hundred dollars, and may sit at any time for the trial of such cases; but, in cases where the judgment is for more than fifty dollars, there may be an appeal to the Superior Court, under sach regulations as may be prescribed by law.
Mr. Parrott moved to amend the third paragraph of the fifth section, by adding,.at the end thereof, the following: "except as provided in the foregoing paragraph."
The amendment of Mr. Parrott was received, and said paragraph adopted as amended, and is as follows, to-wit:

There shall be no appeal to a .Jury from the decision of a Justice of the Peace, except as provided in the foregoing para graph.

Mr. Parrott moved to strike out the whole of the first paragraph of the sixth section, but withdrew his motion, and said paragraph was adopted without amendment.

On motion of Mr. Akerman, the second paragraph of the sixth section was amended,- as follows: The words

"to represent the State in all cases in the Supreme Court"

stricken out; the words "Supreme and" inserted before

the word -'Superior," in the third line.

Said paragraph, as amended, was adopted, and is as

follows, to-wit:



It shall be the duty of the Attorney-General to act as the

434

JOTJBNAL OF THE GEORGIA

legal adviser of the Executive Department, to represent the State in all civil and criminal cases in the Supreme and Supe rior Courts, when required by the Governor, and to perform such other services as shall he required of him by law. .
The whole of section seven was stricken out, on motion of Mr. Whiteley,
On motion of Mr. Blount, the first paragraph of the eighth section was amended, by substituting the word "District" for "County."
On motion of Mr. Parrott, said paragraph was amended, by inserting the word "Solicitors-General" after the word "Attorney-General."
On motion of Mr. Whiteley, by substituting the word "Attorneys" for "Solicitors," in the second line.
Mr. Bryant moved to amend said paragraph further, by substituting the words "a majority" for the word "two* thirds," in the second line.
Mr. Speer moved an adjournment, which was lost. Mr. Parrott called for the previous question, which was sustained.
The main question was put, and the amendment of Mr. Bryant received.
The first paragraph of the eighth section was adopted, as amended, and is as follows, to-wit:
The Judges of the Supreme and the Superior Courts, the Attorney-General, Solicitors-General, and the District Judges and Attorneys,-shall be appointed by the Governor, with the advice and consent of a majority of the Senate, and shall be removable by the Governor, on the address of two-thirds of each branch of the General Assembly, or by impeachment and conviction thereon.
Leave of absence was granted Messrs. Prince, Hudson and Burnett.

CONSTITUTIONAL CONVENTION.

435

' Mr. Adkins moved to amend paragraph two, section

eight, by striking oat all after the word "shall," in the

first line, to the'word "Circuits" inclusive, in the second

line, and inserting the words "elected by the legal voters

of their respective Districts."

Mr. Wh'iteley moved to strike out the word "Superior"

and insert "Pistrict."

Mr. Bryant moved to strike out all after the word

"office," in the last line.

The proposition of- Mr. Adkins was first submitted,

and, upon the question of agreeing to the same, the yeas

and nays were required to be recorded, i

Those who voted in the affirmative, are Messrs.

Adkins,

Hopkius,

Alexander,

Jackson,

Anderson,

Joiner,

Ashburn,

Jones,

Bedford,

Linder,

Bentley,

Lumpkin,

Beaird,"

Madden,

Baldwin,

Maull,

Bell of Oglethorpe,

McHan,

Bowdeti. of Campbell,

Minor,

Bowers,

Moore of Columbia,

Blodgett,

Murphy,

Bracewell,

Neal,

Bullock,

Noble,

Campbell,

Palmer,

Casey,

Pope,

Gift,

Potts,

Chatters,

Prince,

Claiborne,

Reynolds,

Cobb of Houston,

Rice,

Costin,

Rozar,

Crayton,

Sikes,

Getting,

Shields,

Daley,

Seeley,

Dinkins,

Shumate,

Dunning,

Stewart,

Ellington,

Stone,

Golden,

Wallace,

Guilford,

Whitaker,

Harris of Chatham,

Williams,

Harrison of Hancock,

Woodey.

Higbee,

436

JOURNAL OP THE GEORGIA

Those who voted in the negative, are Messrs.

Akerman, , Angler,
.Bell pf Banks, Bigby, Blount, Bryant, Bryson, Buohan,
Cameron, Cooper, Cole, Crane,
Crawford, Davis,
Dews, Dvmnegan, Fields,
Goodwin, Gove, Griffin, Harris of Newton, Harrison of Carroll, Higden, Hotchkiss, Holcombe,

Hudson, Hutcheson, Jordan,
Key, Knox, Lee> Lott, . Maddox, Mathews, Martin of Calhoun, Martin of Habersham, McCay, Miller, Moore of White,
Saffold, Smith of Coweta, Smith of Thomas, Shropshire,
Stanley, Trammell,
Trawick, Walton, Waddell,
Whiteley.

There are yeas 63; nays 49. So the'amendment was received;

Pending action on the proposed amendment of Mr. Whiteley and of Mr. Bryant,
The Convention, on motion, adjourned until 9}v o'clock a. m., to-morrow.

CONSTITUTIONAL CONVENTION.

437

Atlanta, Go,., S-*aturday, February 29, 1868. The Convention met pursuant to adjournment.
Prayer by the Eev. Mr. Harlan.
The" Journal was read.
The following notices of motions to reconsider the Journal of yesterday were given': "
By Mr. Bryant--To reconsider the action in laying on the table the motion to suspend the Eule for the introduc tion, .by Mr. Madden, of a Resolution approving the impeachment of President Johnson.
By Mr. Hopkins--To reconsider the refusal to suspend the Eule for the introduction of a Resolution relative to the compensation of Governor Euger and others.
By Mr, Campbell--To reconsider the action adopting the substitute of Mr. "Whiteley, establishing District Courts, and the provision of the first paragraph, eighth section, adopted on yesterday, relative to the appointment of Judges.
By Mr. Holcombe--To reconsider the action of the Convention in establishing District Courts.
By Mr. Akerman--To reconsider the adoption of the third paragraph of the third section.
By Mr. Holcombe--To reconsider the action relative to the jurisdiction of Justices of the Peace.
By Mr. "Walton--To reconsider tha refusal to suspend the. Eule for the introduction of a Eesolution, proposed by him, relative to auditing accounts of members, officers, employees, and for incidental expenses.
By Mr. Hotchkiss--To reconsider the action in makingJustices of the Peace elective.
29

438

JOURNAL OF THE GEORGIA

Leave of absence was granted Mr. Saffold for Monday and Tuesday next; to Mr. Foster, of Paulding, for this day; and to Mr. Brown, of Henry, on account of sick ness.
On motion of Mr. Bell, of Banks, the Rule was sus pended, when he offered the following Resolutions, which were taken up and agreed to, to-wit:
WHJEKEAS, The Air Line Railroad from Atlanta, Georgia, to Charlotte, North Carolina, that is now proposed to be con structed, being a link of the great Southern Pacific Railroad between the Eastern States and the Pacific coast. Therefore,
Resolved, That this Convention do most earnestly request the Congress of the United States to make a liberal appropria tion for the building of said Road.
Resolved, That the President of this Convention' be re quested to forward copies of the foregoing Preamble and Resolution to the President of the Senate and Speaker of the House of Representatives, with the request that they be laid before their respective bodies.
Mr. Holcombe moved a suspension of the Rule for the introduction of the following Resolution, to-wit:
Resolved, That this Convention do now adjourn to the third Tuesday in May next, when it will reassemble, to remain in session as long as it may be necessary for the protection of the loyal men of Georgia, or the Congress of the United States.
Mr. Blodgett called for the previous question, which was sustained.
The main question was put, and the motion to suspend the Rule was lost.
Mr. Speer moved a suspension of the Rule for the introduction of the following :
WHEREAS, The State of Georgia is now reduced to great pecuniary straits, which will be considerably increased by taxa tion necessary to meet the expenses of this Convention; and, whereas, the people of Georgia are clamorou-s for relief, which this Convention has tried to meet, in part, by the passage of

CONSTITUTIONAL CONVENTION.

439

the Relief and Homestead Ordinances. Therefore, in view of the great financial distress that exists in this State,

Resolved, .That the members of this Convention do agree not to exact &i\y per diem for services rendered in this Conven tion after this day.

Mr. Bryant called for the previous question, which was sustained-,
The main 'question- was put, and the motion to suspend the Eule was lost.

Mr. Bentley proposed a suspension of the Rules for the introduction of a Resolution fixing the pay of the Sergeantat-Arms and an Assistant to this officer:

The motion to suspend the Rule did not prevail.

The motion of Mr. Bryant to reconsider wa's'taken up..

The previous question was called for and sustained.

The main question was put, and the yeas and nays required to be recorded thereon.

Those who voted in the affirmative, are Messrs.

Adkins,

Alexander,

Auderson, *

Ashburn,

Bedford, .

Bentley,

Beaird, '



Baldwin,

Blodgett,

Bryant,

Bullock,

Campbell,

Casey,

Clift,"

Chatters,

Claiborue,

Chambers,

Cobb of Houston,

Costin,

Conley,

Crayton,

Daley,

Dinkins, Dunning^ Edwards, Ellington, Gilbert, Golden, Griffin,
Harris of Chatham, Harrison of 'Hancock,. Hig-bee,
Jackson, Joiner,
Jones, Linder,
Lumpkin, Madden, Maull,
McHan, Minor,
Moore of Columbia,, Murphy, Noble,

440

JOURNAL OF THE GEOE6IA

Palmer,
Pope, Potts, Eeynolds,
Rozar, Robertson,
Sikes, Shields, Seeley,

Stewart, Supple, Strickland, Turner, Walton, Wallace, Whitakerr Williams.

Those who voted in the negative, are Messrs,

Akerman, Angier, Bell of Oglethor-pe, Bell of Banks, \Bowden of Monroe, Bowers, Bigby, Blount, Brown, Bracewell, Bryson, Carson, Cooper, Crane, Crawford,
Dews, Dunnegan, Fields, Fiynn, Fort, Goodwin, Gove, Griffin, Harland, Harris of Sfewton, Harrison of Carroll, Higden, Hotchkiss, Houston,

Holcombe,
Howe, Hutch eson,
Jordan, Key, Knox, Lee,
Lott, Maddox, Mathews, Martin of CarroH, Martin of Calhoun, Martin of Habersham, McCay, Miller,
McWliorter, Moore of White, Neal, Saffold,
Smith of Coweta, Smith of Thomas, Speer,
Shropshire, Shumate, Stanley,
Trammell, Trawick, Waddell,
Whiteley, Woodey.

There are yeas 61; nays 62. So the motion of Mr. Bryant to reconsider was lost.

Mr. Bentley moved a suspension of the Rule for the introduction of the following Resolution, to-wit:

Resolved, That those delegates who desire the per diem of

CONSTITUTIONAL CONVENTION.

441

members to cease, in consequence o.J the pecuniary embarrass ments of the State, be aftowed to manifest their magnanimity by being excused from receiving their per diem, if they desire.
The motion to suspend the Rule prevailed. On motion of Mr. Akerman, the Resolution was laid on the table. Mr. Hblcombe moved an adjournment sine die. Mr. 'Gonley rose to a point of order, assuming that, while a proposition for reconsideration is pending, no other motion can be entertained. The President submitted the point of order to the Con vention.. The "same was sustained, and the President announced that in future such would be the ruling of the Chair. The motion of Mr. Campbell to reconsider the action of the first paragraph of the eighth section of the Judi ciary report, was taken up. The"previous question was called and sustained. The main question was put, and the motion to recon sider lost., The motion of Mr. Holeombe to reconsider the action of the Convention in establishing District Courts, was taken up. The previous, question was called for and sustained. The main question was put, and the motion to recon
sider lost. The motion for -reconsideration by Mr. Akerman was
withdrawn. Mr. Holcombe's motion to reconsider the action of the
Convention in relation to the jurisdiction of Justices of the Peace, was taken up.
Mr. Bryant called for the previous question, which was sustained.
The main question was put, and the motion to recon sider lost

442

JOURNAL OF THE GKOJRGIA

The motion of Mr. "Walton to reconsider was taken up,

and prevailed.

.>

The Rule was, on motion, suspended, when the follow

ing Resolution, referred to in said motion for reconsider

ation, was taken. up and agreed to, to-wit:

Resolved, That the Auditing Committee be directed to audit the several accounts of the officers, members, and employees of the Convention, that they may be ready for 'a final settlement immediately after the adjournment.

The motion of Mr. Hotc'hkiss for consideration was takea up.

The previous question was called arid sustained thereon.

The main question was put, an.d the yeas and nays were required to be recorded thereon.

Those who voted in the affirmative, are Messrs.

Akerraan,

Bell of Banks,

Bowden of Campbell,

Bowden of Monroe,

Bigby,

Blount,

Cameron,

Cooper, "

Crane,

Crawford,

Getting,

Davis,

Dews,

Edwards,

Fields, -

Flynn,

Gilbert,

Goodwin,

'

Gove,

Griffin,

Harland,

Harris of Newton,

Harrison of Carrol!,

Higclen,

Hotchkiss,

Houston,

< Holcombe, Howe, Hutcheson, Jordan, Key,
King, Knox, Lee, Lott, Maddox,
Mathews, Martin of Carroll, Martin of Calhoun, Martin of Habersliam,
MoCay, Miller, Moore of White, Robertson, Saffold,
Smith of.ThomaSj Shropshire, Shuniate,
Stanley, Trammell,
Trawick, Waddell.

CONSTITUTIONAL CONVENTION.

443

Those who voted iu. the negative, are Messrs.

' Adkins, Alexander, Anderson, Ash-burn, Bedford, - Bentley, Reaird, jBaldwin, Sell of Oglethorpe, Bowers, . Blodgett, Bryant, Brown, Bracewell, Bryson, Bullock, Camp'bell, Carson, Casey, . CHft, Chatters, Claiborae, Chambers, obb of Houston, Costjn, Orayton, Daley, Dinkins, Dunning., Dunnegan, Ellington, Fort, Golden, Guilford, Harris of Chatham, Harrison of Hancock, Higbee,

Hopkins, Ja ckson, Joiner, "Jones, Linder, IJutnpkin, Madden, MaulL, MeHan, Minor, Moore of Columbia, Murphy, Neal,
:N"oble,
Palmer, Pope, Potts, Reynolds, Rice, Rozar, Sikes, Shields, Seeley, Smith of 'Ooweta, " Speer, Stewart, Supple, Stone, Strickland, Turner, Walton, Wallace, Whitaker, Whiteley, "Williams, W oodey.

There are yeas 52; nays 73. So the motion to reconeider was lost.

The unfinished business of yesterday was resumed, towit: the report of the Committee on the Judiciary De partment, the second paragraph of the eighth section being first in order, with an amendment by Mr. Whiteley, and an amendment by Mr. Bryant, pending.

444

JOUKNAL OF THE GEOKGIA

The amendment proposed by Mr. Whiteley was with drawn.
That of Mr. "Bryant was received, to-wit: Strike out all after the word "office," in the third line.
Said second paragraph of the eighth section was adopted, as amended, and is as follows:
The Justices of the Peace shall be elected by the legal voters in their respective Districts, and shall -be commissioned by the . Governor. They shall be removable by said Judges on con viction for malpractice in office.
Mr. Harris, from the Committee on Printing, made the following report;
Mr. President : The Committee on Printing instructs the Chairman to submit
the following report for the action of this Convention. A. L. HARRIS, Chairman.

Resolved, That the Convention subscribe two thousand copies of the Pamphlet, to be published by Messrs. Sheibly and Harrison, within three days after the adjournment of this Conven tion, and which shall contain the Proceedings, Constitution, Ordinances and Resolutions that may be adopted by it: Pro vided, That the said publishers send to each delegate of this Convention a proportionate number of the copies herein sub scribed for.
And be it further Resolved, That the officer paying the expenses of this Convention is hereby authorized and directed to pay for the two. thousand copies herein-.s-ubsoribed for, at the rate of three-eighths of one cent per page for each copy.

On motion of Mr. Harris, of Newton, the foregoing report was taken up and ordered to be printed.
Mr. Higbee, from the Committee on Enrollment, pre sented the. foliowing report, to-wit:
Mr. President: The Committee on Enrollment beg leave to report that
the following Resolutions have been-regularly-enrolled, and are

CONSTITUTIONAL CONVENTION.

445

now 1'eady for the signature of the President and attestation of the Secretary, to-wit:

A Resolution to distribute funds in the hands cf the Dis bursing Agent.
A Resolntion in relation to the pay of Hon. C. C. Richard son, deceased.
A Resolution to pay Charles Patterson as Porter for this Convention.
A Resolution instructing the Finance Committee to r.eport compensation for Hon. 1ST. L. Angler, Disbursing Officer.
A Resolution fixing the hours of meeting and adjournment, and limiting debate.
A Resolution accepting the proposition of the City Council of Atlanta in regard to the removal of the State Capital.
Also, a Resolution requesting the General Commanding to provide for the pay of the Convention to March 31th. -



W. A. FORT,

Chairman of the Cdmmitte on Enrollment.

Mr. 6peer moved that when the Convention adjourned at 1 o'clock p. m., this day, it adjourn until 9|- o'clock a. m., Monday.
The motion prevailed. Paragraph three of section eight was taken up. Mr. Parrott (Mr. Gonley in the Chair) moved its adoption. The motion was lost. Mr. Blount moved that the same be stricken out. Mr. Whiteley offered the following as a substitute for said paragraph, to-wit :

The County officers recognized as existing by the laws of this State, and not established.by this Constitution, shall, where.not otherwise provided for in this Constitution, be elected by the qualified voters of their respective Counties or Districts, .and shall hold their offices for a period of four years. They 'shall be removable on conviction for malpractice in office, or on the address of two-thirds of the Senate.

446

JOUB5TAL OF THE SEORGIA

Mr. Parrott moved to amend said substitute by striking out "four" and inserting in lieu thereof "two."
Mr. McCay proposed to amend by adding the following after the word "Districts," in said substitute_, to-wit:
Except Clerks of the several Courts, who shall be chosen by the Judges thereof.
Pending action on said paragraph and proposed amend ments, the hour of 1 o'clock p. m. arrived, and the Presi dent declared the. Convention adjourned until 9J o'clock a. in., Monday.

Atlanta, Gfa., Monday, March 2, 1868.
The Convention met pursuant to adjournment, and was called to order, by the President pro tern.
Prayer by the Rev. Mr. Turner. The Journal-was read. Mr. Hotchkiss gave notice to make certain corrections in the Journal. The motion being taken up, the Chair required the mover to place the same in writing.
It is as follows:
Resolved, That the Clerk be authorized to expunge from the records certain Resolutions, of Saturday, offered by the dele gate from Milton, the delegate from Pike, and the delegate from Chatham.
Mr. Akerman rose to a point of order, assuming that the foregoing being a Resolution to expunge, and not a motion'to reconsider, it could not be entertained, without a suspension of the Rule for that purpose.
The point of order was sustained, by the Chair. .Leave of absence was granted Messrs. Crumley, Bigby, Parrott, Cameron and King.

. CONSTITUTIONAL CONVENTION.

447

The following communication, -laid on the Secretary's desk, was' taken up and read, to-wit:

CITY OF ATLANTA,

;

GLEBE'S OFFICE, February 28, 1868.

Hon. J~. 'JR. Parrott.

DEAK SIB--I am instructed by the Mayor and Council of

Atlanta,to transmit to you, for consideration of the State Con

vention, the enclosed communication and Resolution.'

:

Very respectfully,

Yonr; obedient servant,

S. B. LOVE, Clerk.

COUNCIL CHAMBER, ) ATLANTA, GA., February 28, 1S08. [
The City Council of Atlanta to the Constitutional Conven tion, now in session in this City.
Q-ENTLEMEST--We take this opportunity to express to you, in the name of the whole people of Atlanta,-our hearty thanks for the unanimity of your body in. locating the Capital of Georgia .in our thriving city. We desire to communicate, through you, to your constituents, that the people of Georgia may rest assured the City of Atlanta will spare no pains, in an honest and earnest effort, to fully comply with all the pledges we have made your body. Your prompt acceptance of our offer with reference to the removal of the Capital, made after a majority of your body had expressed a preference for this city, and the vote of more ti^ra three-fourths of the Conven tion to locate the Capital in Atlanta, shows that the people ; of Georgia, in Convention assembled, have a proper appreciation of the spirit of the people of the Gate City of Georgia; and we beg to assure you that Atlanta will' see to it that your con fidence has not been misplaced.
The first Legislature elected under your Constitution will find us ready to give them proper accommodations and a hearty welcome.
We believe that this action of yours will give a new im petus to our city, and will stimulate us in our fixed purpose to improve the advantage bestowed on us by a prospering Provi-

448

JOTTBNAL OF THE GEORGIA

dence, to make Atlanta the leading city of the Empire State of the South, and to win the admiration of all her rivals, by the

magnanimity of her people, and the cheerful greeting extended to all true Georgians, from the mountains to the seaboard.
Resolved, That the above address be spread upon the Min

utes of our proceedings, and that the Clerk be instructed to transmit a copy to the Hon. J. R. Parrott, President, etc.
On motion of Councilman Cox,- the foregoing was unani

mously adopted.

.. .

I certify that the above and foregoing is a correct copy from

the Minutes of the City Council of Atlanta.

[SEAL 03? CITY.]

S. B. LOVE, Clerk.

On motion of Mr. McCay, it was
Resolved, That the foregoing communication be received and placed upon the Journal of the Convention.

The consideration of the unfinished business of Satur day was resumed, to-wit: the third paragraph of the eighth section of-the Judiciary report; to which were pending a substitute, offered by Mr. Whiteley, and propo sitions to amend said substitute, by Mr. Parrott and Mr. McCay.
Mr. Miller called for the previous question, which was sustained.
The main question was put, to-wit: the adoption of the amendment of Mr. MeCay.
The same was lost. The amendment of Mr. Parrott was received. The substitute of Mr. "Whiteley was then adopted, as amended, and is as follows, to-wit :
The County officers recognized as existing, by the laws of this State, and not abolished- by this Constitution, shall, where not otherwise provided for in the Constitution, be elected by the qualified voters of their respective Counties or Districts, and shall hold their offices for a- period of two years. They shall be-removable on conviction for malpractice in office, or on the address of two-thirds of the Senate.

CONSTITUTIONAL CONVENTION.

449

Mr. "Whiteley moved to amend the first paragraph of the ninth section, by inserting the following after the word "office," in the second line :

The District Judges and the District Attorneys shall receive, out of the County Treasuries of, their Senatorial Districts, ade quate compensation, which shall not be diminished during the term of of&ce.

Mr. Akerman moved to amend, by inserting the words

"and Solicitors" after the word "Attorney," in the first

line of said paragraph.

The satae was received, t

Mr. Miller moved to amend the amendment of Mr.

Whiteley, by inserting before the word "diminished" the

words "increased or."

'

The same was received.

The amendment of Mr. Whiteley, as amended, was

adopted. -

Mr. Opnley mov-ed to amend said paragraph, by insert

ing after the word "salaries" the words "which shall be

on the specie basis."

The 'same was received.

Mr. Miller proposed to amend the paragraph, as amend

ed, by adding before the word "diminished," in the second

line of the original the words "increased or."

The amendment was agreed to, and the first paragraph

of the ninth section adopted, as amended, and is as fol

lows, to-wit:

The Judges of the Supreme and Superior Courts, and the Attorney and Solicitors-General shall have, out of the State Treasury, adequate and honorable salaries, on the specie basis, which shall not be increased or diminished during their con tinuance in office. The District Judges and District Attorneys shall receive, out of the County Treasuries of their Senatorial Districts, adequate compensation, which shall be on the specie basis, and which shall not be increased or diminished during

450

JOURNAL OF THE GEORGIA

their term of office; but said Judges-shall not receive any other' perquisites, or emoluments, whatever, from parties, or others, on account of any duty required of .them.

Mr. Bryant moved to amend the second paragraph: of the ninth section, by striking out "seven years" and in-. sertiBg "one year." ,
This amendment was withdrawn "by the mover. Mr. Qoniey proposed to amend said paragraph, by striking out "seven years" and inserting "three years1." Mr. Bryant moved to amend, by inserting after the word "State" the words "three years," and by striking out the word "therein," in the last line. Mr. Bryant's amendment was accepted by Mr. Conley. Mr. Parrott moved to amend said paragraph, by sub, stituting "two years" for "seven years." Mr. MeCay offered the. following, as ja, substitute for the original pai'agraph and pending amendments, to-wit:

No person shall be a Judge of the Supreme or Superior Courts, or Attorney-General, who shall not be,.at his appoint ment, a citizen of the State, and shall have practiced law therein seven years.

The previous question was called and sustained. The main question was put, and the substitute offered by Mr. McCay was not adopted. The motion of Mr. Parrott, to amend, was lost. . The question recurring on the motion of Mr. Conley, the yeas and nays were required to be recorded.

Those who voted in the affirmative, are Messrs.

Adkius,

Alexander,

Anderson,

Ashburn,

" Bedford,

'

Bentley,

Beaird,

Baldwin,

Bell of Oglethorpe,

Blodgett, Bryant, Buchan, Bullock, Campbell, Cagey, Clift, Chatters, Claiborne,

CONSTITUTIONAL CONVENTION.

451

Chambers, Cobb of Houston, Costly,.
Conley,' Cray ton, Daley,. Dinkihs, Dunning, Dunnegan, Edwards, EilingtOn, Golden, Guilford, Harris of Chathani, Harrison of Hancock, Higb.ee, Hopkins, Jackson, Joiner,
Jones, Linder,
Lumpkin, Madden, Maull,

McHan, Minor, Moore of Columbia, Murphy, Neal, Noble, Palmer, Pope, Reynolds, ' Rice, . Sikes, Seeley, Stewart, Bupple, - Sto.ne, Strickland, Turner, Wallace, Wilbvtr, Whitaker, Whitehead of Butts, Williams, Woodey.

Those who voted in the negative, are Messrs.

Akerman, Angier, Bell of Banks, Bowden of Campbell, Bowden of Monroe, Bowers, Blount, Bracewell, Bryson, Burnett, Cameron, Christian of Newton, Cooper, Crawford, Davis,
Dews, Fields, Flynn, Fort,
Foster of Paulding, Gilbert,

Gove,
Griffin, Harland, Harris of Newton, Higden, Hotchkiss, Houston, Holcombe, Hutch eson, Jordan,,
Key, Knox,
Lott, Maddox, Mathews, Martin of Carroll, Martin of Calhoun, Martin of Habersham, McCay, Miller, McWhorter,

452

JOURNAL OF THE GEORGIA

Moore of White, Robertson,
Smith of Coweta, Smith of Thomas, Speer, Shumate,

Stanley, Trawick,
Walton, Waddell, Whiteley,

There are yeas 65; nays 33. So the amendment of Mr. Conley was received, and the second paragraph of ninth section adopted, as amended, and is as follows, towit:
No person shall be Judge of the Supreme or Superior Courts, or Attorney-General, unless, at the time of his appointment, he shall have attained the age of thirty years, and shall have been a citizen of this State three years, and have practiced law for seven years.

Paragraph one of the tenth section was adopted with out amendment.
The Convention adjourned until 3 o'clock p. m. this day.

3 O'CLOCK p. M.
The Convention met pursuant to adjournment.
Mr. Bryant,. from the Committee on the Pay of Absent Members, made the following report:
Your Committee, to whom was referred the question of pay of absent members, respectfully submit the following report:
We recommend that members who have been absent without leave of the Convention shall receive no pay for the time they have been absent, and that members having a general leave of absence from the Convention shall receive pay for six days of such absence, and no more, unless detained by reason of sick ness of themselves or their immediate families.
We further recommend, that the Auditing Committee be

CONSTITUTIONAL CONVENTION.

453

instructed to require each delegate to subscribe to the follow ing certificate before his account is audited:

I, -------r--, do certify, upon honor, that I have been absent

but ---- days without leave of the Convention, and that I have

been absent by leave of the Convention but ---- days, unless

detained by reason of sickness of myself or my immediate

family.

>

J. E. BRYANT, Chairman.

Mr. Ashburn gave notice of his intention to offer a minority report on the same subject.
Mi'. Higbee, from the Committee on Enrollment, sub mitted the following report, to-wit:

Mr. President:

The Committee on1 Enrollment beg leave to report that the

following Resolutions have been regularly enrolled, and are now

ready for the signature of the President and attestation of the

Secretary, to-wit:

A Resolution to authorize the Auditing Committee to audit

accounts of members and others; also,

A Resolution asking aid of Congress for the Air Line Rail

road.

W. A. FORT,

Chairman Committee on Enrollment.

The unfinished business of the morning was resumed, to-wit: the report of the Committee on the Judiciary Department.
Mr. White!ey offered the following, as two additional' paragraphs to the tenth section, to-wit:
The District Judges and Attorneys shall have attained to the age of twenty-four years, be citizens of the United States and of this State, and have practiced law therein for three years.
The General Assembly shall provide for the equitable appor tionment of the compensation of the District Judges and Attorneys between the Counties composing their Districts, and shall require the moneys arising from fines and forfeitures paid. into the Treasuries thereof.
30

454

JOURNAL OF -THE'GEORGIA

The first of said paragraphs was, on. motion of Mr.

liotchkiss, laid on the' table.



The second was adopted.

Mr. McCay offered the following, as an additional sec tion to the report of the Committee on the Judiciary Department, to be inserted therein after the tenth section, to-wit:

I. No Court in this State shall have jurisdiction -to try or determine any suit, against any resident ef this State,- upon any contract or agreement made or implied, or upon any con tract'made in renewal of any debt existing prior to the first clay of June, 1865. |\or shall any Court'or ministerial officer of this State have authority to enforce any judgment, execu tion, or decree, rendered or issued upon any .contract or agree ment made or implied, or upon any contract in renewal of a debt existing prior to the first day. of June, 1865, except in the following cases:

1. In suits against trustees, where the trust. property is. in the hands of the trustee, or has been invested by him. in. other specific effects now in his hands, and in suits by the vendor of real estate against the vendee, where not more than one-third of the purchase money has been paid, and the vendee is in pos session of the land or specific effects for which he has sold it, and he refuses to deliver the land or. said effects to the vendor. In such cases, the Courts and officers may entertain jurisdiction and enforce judgments against said trust property, or land, or effects.

2. In suits for the benefit of minors, by trustees appointed

before the first day of June, 1865.



3. In suits against corporations in their corporate .capacity, but i40t so as to enforce the de.bt against the stockholders or officers thereof in their individual capacity.

4. In suits by charitable or literary - institutions for money

loaned, property----other than slaves--sold, or services rendered

by, such institutions.

.. -

5. In-suits on debts due for mechanical or manual labor, when the suit is by the mechanic or laborer.

CONSTITUTIONAL CON'VENTIOS'.

455

6. In case's when the debt is set up by way oi defence, and the debt sej; up exceeds any debt due -by defendant to plaintiff, of which the Courts are denied jurisdiction, .
7. In all other cases hi which the General Assembly shall, by law, give the 'said Courts and officers j urisdiction: Provided, that no Court or officer shall have, nor shall the General Assem bly give, jurisdiction or authority to try or give judgment oh, or enforce, any debt,'the consideration-of which was a slave or slaves, or the hire thereof.
II. All 'contracts made and not executed during the late rebel lion, with the intention and for the .purpose of, aiding and encouraging said rebellion,, or where it was the purpose and intention of any one of the. parties to such contract .to aid or encourage such rebellion, and that fact was known to the other party, whether said contract was made by .any person or corpo-. ration with the State or Confederate States, or by a corporation... with a'natural person,' or betweeii two or more natural persons,,, are hereby declared to. have been, and to be illegal; and all bonds, deeds, promissory notes, bills, or other evidences, of, debt, made or executed by the parties to f uch contract, or either of .them, in connection- with' such illegal contract, or as the consideration therefor, or in furtherance thereof, are hereby declared null and void, and shall be so.held in all Courts in this State, when attempt shall be made to enforce any such con tract, or give validity to any such obligation or evidence of debt. And in all cases when the defendant, or any one inter ested in the event of the suit, will make a plea, supported by his or.her affidavit, hat he or she has reason to believe that the obligation or evidence of indebtedness upon .which the suit is predicated, or some part thereof, has been given or used for the illegal purpose aforesaid, the burden of proof shall be upon the plaintiff to satisfy the Court and Jury that the bond, deed, note, bill, or other evidence of indebtedness, upon which' said suit is brought, is or are not, nor is any part, thereof, founded upon, or in any way connected with, any such illegal contract, and has not been used in aid of the rebellion, and the date of such bond, deed, note, bill, or other evidence of indebtedness, shall not be evidence that it has or has not, since its date, been issued, transferred or used in aid of the, rebellion.

456

JOURNAL OF THE GEORGIA

III. It shall be in the power of the General Assembly to assess

and collect upo all debts, judgments, or causes of action,

when due, founded on any contract made or implied before the

first day of June, 1865, in the hands of any one in his own

right, or trustee, agent or attorney of another, on or after the

first day of. January, 1S68, a tax of not exceeding twenty-five

per cent., to be paid by the creditor, on pain of the forfeiture

of the ^bt, but chargeable by him, as to one-half thereof,

against the. debtor, and collectable with the debt: Provided,

That this tax shall not be collected, if the debt or cause of

action be abandoned or settled without legal process, or, if in

judgment, be settled without levy and sale.: And provided

further, This tax shall not be levied so long as the Courts of

this State shall not have jurisdiction of such debts or causes of

action.

"

Mr. Akerman rose to a point of order, assuming that the proposed section was identical with the Ordinance on the subject of relief, which, by its terms, was referred to the Judiciary Committee, and that, while in the hands of the Committee, it could not be acted upon by the Con vention.

The point of order was overruled by the President.

Mr. Parrott (Mr. Conley in the ' Chair) proposed to amend the said section, by striking ou all the exceptions therein.

Mr. Bullock called for the previous question, which

was sustained.

/.

The main question was put, to-wit: the amendment ot

'Mr. Parrott.

Upon the question of receiving the same, the yeas and nays wrere required to be recorded.

Those who voted in the affirmative, are Messrs.

Ashburn, Bowden of Campbell, Foster of Paulding, iHutcheson,

Minor,
Trammell, Trawick.

CONSTITUTIONAL CONVENTION.

457

Those who voted in the negative, are Messrs.

Adkins, Akerman, Alexander, Anderson, Angler,
Bedford, Bentley, Beairdj Baldwin, Bell of Oglethorpe, Bell'of Banks, Bow'den of Monroe, Bowers,
Blodgett, Blount, Bryant, Bracewell* Bryson, Bullock,
Burnett, Campbell, Casey, Caldwell, Clift, Christian jof Newton, Chatters, Chambers, Cooper, Cobb of Houston, Costin, Crawford, Crayfon, Davis, Daley, Dews,
Dinkins, Dunning, Dunnegan, Eilingtbn, Fields, Fort, Gilbert,
Goodwin, Grove, Golden, Griffin,
Guilford,

Harris of Chatham, Harris of Newton, Harrisou of Hancock, Higbee, Higden,
Hotehkiss, Houston, Holcombe, Hopkins,
Howe,
Ja,ckson,
Joiner, Jones,
Jordan, Key,
Knox, Lee, Lindr, . Lott,., . Lumpkin, ' MauH, Mafhews, Martin of Calhoun, Martin o.f CarroU, Martin of Habersham, McHan, McCay, Miller, McWhorter, Moore of White, Moore of Columbia, Murphy, Neal,
Noble, Palmer,
Pope, Reynolds, Sice, Robertson. Sikes, Seeley,
Smith of Cpweta, Smith of Thomas, Speer, Shumate, . Stewart, Supple,

458

JOURKAL OF TEE- GEORGIA

Stone, " ' '

Strickland,

.

Turner,

Waltoti,

Wallace,

.

Wad dell,

There are yeas 7; nays 106.

WiThur, ' Whitaker, Whitehead of Butts, WbiteleVj Williams, ' Vvroodey.
So the amendtnent was

not received.

Upon the question' of adopting said section,'the yeas

and nays were required to be recorded. _

Those who voted in the affirmative, are -Messrs.

Alexander,

Anderson, '

Bedford,

Bentley,

Beaird,

Ba'dwin,

Bell of Ogletnorpe,

Bowden of Campbell,

Bowden of Monr'oe,

Blodgett,

Bkmnt,

JBryant,

Bracewell, '" '

Bullock, - ' ';";

Burnett,

'Campbell,

Casey,

CaldweU, '

Christian of Neivton,

Chatters, ' ' ' ''.

Cliambers,

Cooper,

Cobb of Houston,

Costin,

Crayton,

Davis,

Dews,

DinkinSj

Fort,

' '

Gilbert, Good-win, Golden, Guilford, Harris of Chaffiam, Harris of' Newton, Harrison of Hancock, Hotchkiss,

Hopkins, Howe, Jackson, Joiner, Jones, Jordan,
Key,
Lee. Under,
Maull, McCay, Minor, McWh'orter, Murphy, Noble, Palmer, Pope, Reynolds, Rice, Robertson, Sikes, Seeley, Spet-r, Shumate, Stewart, Supple, Striokland, Trawick, Turner, Walton, Wilbur, ^ Whitaker, Whitehead of Butts, Whiteley, Williams.

CONSTITUTIONAL CONVENTION.

459

, ; Those who voted in the negative, are Messrs. ~

Adkins,'

Akerman,

Ashb-urn,

Bell of Banks,

Bowers,'

Brysou,

'Cam.eron,'-" " ,

Cliff,

,,

Crawforcl,

Daley,

Dunning,

Duimegan,-

-

Ellington,

Foster of Paulding,

Griffin,

'

Higbee,

'

Big-den,

"'

Houston,

'

Holoombe,

Hutchesdn,"

Knox,

.

Lott, '

Mathews, ,

' Martin of Carroll,

Martin of Calhoun,

Martin of Habersham,

. .. . McBan,

' ' Miller,

'Moore of Wliite,

Moore of Columbia,

\< $eal,

.

Smith of Thomas,

Stone,

Trammell,

Wallace,'

Waddell, ' . .

Woodey.' .-..

.

There are yeas 73; aays 87. So the' section proposed by Mr, McCay was adopted, and is as previously reported on the Journal of this day.

Mr. Akernian offered the following, as. an. additional paragraph to -the section proposed by Mr. McCay, and adopted, to-wit: .

The Courts and ministerial officers of this State'shall have jurisdiction and authority to collect all debts due by third per sons to trust estates, arising prior to June 1, 1865, notwith standing the foregoing provisions.

Mr. Harris, of 'iSTe^ton, moved to lay the same on the

table.

.-...-

The motion did'not prevail.

Mr. McCay rose to'a point of order, assuming that the

proposition of Mr. Akerman was in conflict with the pro

visions of the section to which it was proposed as an

addition.

...

v

The point of order was overruled by the President pro

tern. (Mr. Conley in the Chair.)

460

JOURNAL OF THE GEOKGIA

Mr. "Whiteley moved the indefinite. postponement of the foregoing proposition of Mr. Akerman.

Mr. Campbell called for the previous question, which was sustained.

The main question was put, and upon this, to-wit: the

motion to indefinitely postpone, the yeas and nays were

required to be recorded.

(

Those who voted in the affirmative, are Messrs.

Alexander, Anderson, Bedford, Bentley,
Bell of Oglethorpe, Bowden of Campbell, Bowden of Mouroe, Blodgett, Blount,
Bracewell, Bullock, Campbell; Casey, Caldwell, Chatters, Chambef's, , Cooper, Cobb of Houston, Costin, Cray ton, Davis,
Dews, D tinning,
Fort, Gilbert,
Gove, Golden,
Harris of Chatham, Harris of Newton, Hotchkiss,
Houston,

Hopkins, Howe, Jackson, Joiner, Jones, Jordan, Key, Linder, -bumpkin. Maull, McCay, Minor, MeWhorter, Noble, Reynolds, Ricej Rozar, Robertsoii, Sikes, Seeley,
Speer, Shntiaate, Stewart,
Stricldand,
Trawick, Walton, Wilbur,
Whi taker, Whiteley, Williams.

CONSTITUTIONAL CONVENTION.

461

Those who voted in the negative, are Messrs.

Adkins, Aker'man, Ashbuvn, Beaird, Belief Banks, Bowers, Bry'ant, Brjson, Cameron, Clif t, Christian of Newton, Crawford, Dinkins, Dunnegan, Ellington, Fields, Foster of Paulding, -Griffin, Guilford, Harrison of Hancock, Higbee, fligden, Holcombe, Hutcheson, Knox,

Lee,
Lott, Maddox, Mathews, Martin of Carroll, Martin .of Calhoun, Martin of Habersham, McHan, Miller, Moore of While, Moore of Columbia, Murphy, Neal, Palmer, Smith of Coweta, Smith of Thomas, Supple, Stanley,' Stone, Trammell, Turner, Wallace, Waddell, Woodey.

There are yeas 61; nays 49. So the motion to post pone indefinitely prevailed.

Mr. Bedford offered the following, as an independent paragraph, to follow the section of Mr. McCay, to-wit:

Provided, That no part of the Relief Ordinance shall be so construed as to deny jurisdiction of any Court or ministerial officer of this State from, enforcing any contract or obligation due in a fiduciary capacity.
Mr. McCay rose to a point of order, stating that the proposition could not be entertained, because inconsistent with the section just adopted.
The President pro tetfi. decided that the proposition was inconsistent with said section, bat that it was the province of the Convention to rule it out of order, and not of the Chair.

462

JOURNAL OF THE GEORGIA

On motion of Mr, McCay,-the Convention, ruled.said proposed paragraph out of order.
The first paragraph, eleventh section, of the 'original report was adopted without amendment.
Mr. Bryant smoved to amend the second paragraph of said.section,-by adding, after the word "committed," in the first line, the following: "unless the Governor shall remove the case to a Court in some other County or."
The same was not received. . . The first and secoii'd paragraphs of the eleventh section were adopted without amendment.
The third paragraph was amended, 0n motion of Mr. Akerman, by substituting the word "where" for the word "when," after the word "except," in the first line, and adopted as amended.
The fourth paragraph was amended, on motion of Mr. Akerman, by substituting the word "relief" for the word "aid," and adopted as amended.
The fifth, sixth and seventh paragraphs of said section were adopted without amendment.
On motion of Mr. Akerman, the first paragraph of the. original twelfth section, was amended,, by substituting "this" for "the," before the word "Constitution,"
Mr. Dunning proposed to add the following, at the end of said paragraph:
And where the Jury shall be composed of twelve men, the verdict of nine Jurors shall be suffioient-to determine the mat ter submitted to the Jury, either, civil or criminal.
Mr. Akerman offered the following, .as a substitute for the foregoing amendment of Mr. Dunning:
. The General Assembly shall have power to- change the law which requires a unanipioas verdict. ;
This substitute was accepted by M-r. Dunning, who, by consent, withdrew his amendment.

CONSTITUTIONAL CONVENTION.

463

Previous question was called for and sustain ed^

The main.question was put, to-wit:'the proposed amend

ment of Mr. Akerrnan.

The same was not. received, and the 'first paragraph,

twelfth section, was adopted as amended.

On motion of ME-.'Bedford, the Convention, adjourned

until 9|. o'clock a. .m., to-morrow* - ,.

...

Atlanta, Ga., Tuesday, March 3, 1868.

The Convention met pursuant to adjournment.

Prayer by the Chaplain.

The Journal was. read.

--

Mr. Bedford moved a reconsideration of so much

thereof as relates to the adoption of .the -section on relief,

offered by Mr. McCay.

The previous question was called for and sustained.

The main question was put, and-the yeas-an'd nays required to "be recorded thereon.

Those who-voted in the affirmative, are Messrs?

Akerman,

Angier,

.

Ashburn,

Bedford, . *

Bentley,

'

Beaird,



Bell of Banks.,

Bowers, . .

Bryant, , ..

Bracewell,

Bryson,

Campbell, '

Cameron r



Clift,

Cobb of Houston,

Crawford,

'

Crayton,

Daley,

- .-.

Dunning,

Dunnegan,

Fields,

F-lynn, - . -

Foster of Paulding,

Golden,

-

-G.uiKprd,

liarrison .of CartoII,

Harrison of Hancock,

Higbee,

Higden,

Houston^

Holcombe,

, - King,

Lott,

Ma<Jdox,

464

JOtTRNAI. OF THE GEORGIA

Mathews, Martin of Calhoun, " Martin of Habersham, McHan,
Mpore of White,. Neal,
Palmer,
Rozar,

Seeley, Smith of Thomas, Stewart, Stanley, Trammell, Wallace, Waddell, "Woodey.

Those who voted in the n egative, are Messrs.

Adkins,

Joiner,

Alexander, Anderson, Bell of Oglet'ho-rpe, Bowden of Campbell, .Bovvden of Monroe,

Jones, Jordan,
Key, Knox, Lee,

Blodgett, Blount, Bullock, Bumett,
Catching, Casey, Caldwell, Christian <5f Newton, Chatters,

Linder, Lumpkin, r Maull,
McCay, Minor, Miller, McWhorter, . Moove of Columbia, Murphy,

Chambers, Cooper, Gostin, Conley, Davis,
Dews, Dink-ins,
Ellington, Fort,

Noble,
Pope, Prince, Reynolds,
Rice, Robertson,
Sikes, Smith of Coweta, Speer,

Gibson, Gilbert,

Shumate, Supple,

Goodwin,

'

Gove,

Griffin,

Harris of Chatham,

Stone, Strickland, Trawiek, Turner,

Harris of Ne-wton, Hotchkiss,

Walton, Wilbur,

Hopkins,

Whitaker,

Ho we, Hutcheson,
Jackson,

Whitehead of Butts, Whiteley.

There are yeas 50; nays 71. So the motion to recoil-

aider did not prevail.

CONSTITUTIONAL CONVENTION.

465

1 Mr. Smith, of ^homas, moved the reconsideration of so much of the Journal of yesterday as relates to the action of the Convention in postponing indefinitely the paragraph proposed by Mr. Akerrnan, as additional to the section adopted on the subject of relief.

Mr. "Waddell rose to a point of order, assuming that the subject-matter of relief had been previously recon sidered by the Convention, and that the motion, to recon sider the action of yesterday, by Mr. Bedford, which the Convention refused to do, embraced the subject-matter of the pending motion, which, therefore, could not be enter tained.
The President overruled the point of order^ Mr. "Whiteley moved the indefinite postponement of the motion to reconsider. Mr. McCay called for the previous question, which was sustained. The main question was put, and upon this Mr.' Smith of Thomas, required the yeas and nays to be recorded.

Those who voted in the afiirmative, are Messrs.

Alexander,

Anderson,

Bell of Oglethorpe,

Bqwden of Campbell,

Bowden of Monroe,

BlodgeU,

Blount,

Bryant,

Bullock,

.

Burnett,

Campbell,

Catching,

Casey,

Caldwell,

Christian of Newton,

Chatters,

Chambers,

Cooper,

Costin,

Conley,

Crayton, (Dotting,
Davis,
Dews, Dinkms,
Fort, Gibscn, Gilbert,
. Goodwin,
Gove,
Golden,
Griffin,
Harris of Chatham, Harris of Newton, Harrison of Hancock, Higden, Hotchldss, - Hopkins,
Howe,
Jackson,

466

JOURNAL OF TEE GEORGIA

Joiner, Jones, . Jordan-,
Key, Linda-, Lumpkin, Madden, Maull, . . . MeCay, Minor, " ' ' McWhovter,

. Seeley, . - Smith of Coweta, S'peer, Shumate, Stewart, _ " . Supple, S'tone, .Strickland,- . Trawick, "Turner,

Moore of Columbia,
Noble, Prince, Reynolds, Robertson,
Sikes,

Wilbur, . Wh'itaker, Whitehead of Butts, Whiteley, ( Williams.

Those who voted in the negative, are Messrs. '

Adkins,

Akerman,

Ashburn,

Bedford,

Bentley,

Beadrd,

Baldwin,

Bell of Banks,

Bowers,

,-

Brace\vell,.

Bryson,

Cameron,

Clift,

'

Gobb of Houston,

Crawi'ord,



Crumley, '

Daley,

Dunning,

Dunnegan,

Ellington,

Fields,

Flynn,

Foster of Paukling,

Guilford,

. ' Hig'bee,

:

Houston, Holcombe,

Hutcheson, King, Knox, Lee, Lott,

Mathcv.'s,

"Martin of Carroll,

Martin of Callio.un,

Martin of Habersham,

Mcllan,

Miller, .

Moore of Wlrite,

Murphy,

N-eal,

Palmer,

Pope,

Bice,

Eozar,

.,

Saftbld,

Smith of Thomas,

Stanley,

Trammell,

Wallace,

Wacldell,

"VVoodey.

There are yeas 13; nays 58. So the motion to inclefi-

nitely postpone prevailed.

CONSTITUTIONAL -CONVENTION.

467

Mr. Miller moved a >s:uspension of the Rule, for the introduction of the fallowing Resolution, to-wit:
WHEKSAS, It is the 'duty of- the "Government of a State to extend' to the great industrial pursuits of agriculture and manu factories', proper aid. and encouragement at all -times, but especially at periods of unusual difficulty and pressure--
Resolved, That, in the opinion of "this Convention, the freight charged by the Western''and Atlantic Railroad, on lime and other manures, for agricultural purposes ; on coal, pig iron, and all-raw material used for manufacturing purposes, within the limits-of this State, should be no-higher than" such a 'rate as will pay the cost of transportation.
Resolved, That the Superintendent of the Western and Atlantic Railroad be, and he is hereby, requested to reduce the freight on the foregoing classes of articles to one cent, a ton per mile, or as near that rate as can be done without actual loss to the State.
Resolved, That a copy of this Preamble and Resolution be forwarded to the Provisional Governor, and to the Superin tendent of the Western and Atlantic Railroad/
The previous question was called for by Mr. Yfhiteley, and' sustained.
The main question was put, and the motion to suspend the' Rule did not prevail.
The Rule was suspended, when Mr. Ashburn offered the following, which, on his mo tion, was referred to the' Committee on Miscellaneous Matter, to-wit :
We, the Representatives of the people of Georgia-, in Con vention assembled, do declare and ordain, and it is hereby declared and ordained, that the Ordinance of Secession adopted by the people of Georgia, in Convention assembled, on the l!?th day of January, 1861, and all Acts, and parts of Acts, doae under and by the authority of said Ordinance, and the Ordinance itself, be, and they are hereby, declared repealed, rescinded, abrogated, null and void, having no legal, binding force whatever.

468

JOURNAL OF THE GEORGIA

On motion of Mr. Bullock, the Rule was suspended, for the introduction of the following Resolution, to-wit:
Resolved, That the Auditing Committee be, and are hereby, instructed to issue warrants, in lieu of the scrip' in accordance with section second of "an Ordinance to provide the means of defraying the expenses of this Convention, and the compensa tion of officers and members," adopted February 8th, 1868; said warrants being duly countersigned by the Disbursing Agent of this Convention, and by the Comptroller-General of the State.
Mr. Martin, of Habersham, propesed to amend, by adding the following:
JResolved, That the Tas Collectors p"ay to the holders of scrip or warrants, so far as they have money to do so, when presented.
This amendment was lost, and the Resolution of Mr. Bullock was adopted without amendment.
Mr. Bryant rose to a question of privilege relative to an editorial which appeared in the Atlanta Daily Intelli gencer, of this date.
The President decided it out of order for any member to rise to a question of privilege on articles which appear in the press, unless for the purpose of explaining words used by, himself in debate, which have been misrepre sented.
On motion of Mr. Seeley, Mr. Bryant was permitted to proceed with his personal explanation, which appears in the phonographic reports of the Convention.
The unfinished business of yesterday was resumed, towit : the report of the Judiciary Committee, the second paragraph of the original twelfth section thereof being first in order.
Mr. Costin proposed to amend the same, by striking out all after the word "Jurors," in the second line, and inserting the following:
There shall be no distinction between the classes of persons

CONSTITUTIONAL CONVENTION.

469

who compose. Grand and Petit Juries. Jurors shall receive adequate compensation for their services,. to 'be prescribed by law.

Mr. Campbell offered the following, as a substitute:
The General Assembly shall provide, by law, for the selec tion of Jurors, who may receive fees or compensation- for their services, fixed by law.
Mr. Bryant proposed to amend said original paragraph.,, by striking out the whole of the first liae and the words "as Jurors," in the second line, and by striking out the whole of the third line.
Mr. A,kerman moved to amend the ^substitute offered by Mr, Campbell as follows:
The General Assembly shall have no power to grant special exemptions from Jury duty to persons, or classes, who may be liable to suph duty under the general law.
On motion of Mr. Trammell, debate oh the pending subject-matter was ordered to cease.
The amendment of Mr. Akermau, of Mr. -Bryant, and the substitute offered by Mr. Campbell, were lost.
The question recurring on the amendment of Mr. Costin, the same was received, and the paragraph, as amended, adopted.
Mr. Akerman offered the following, as an amendment to the first paragraph of the thirteenth section, to-wit: Strike out all after the word- <fcto," following the word "transferred," ia the second line, and insert the follow ing: "Such tribunals as the General Assembly may designate."
The -previous question was called for, and sustained.
The main question was put, and the' foregoing amend ment was^ received.. The paragraph, as amended, was adopted.
31

470

JOURNAL OP THE GEORGIA

Mr. Akermau. offered the following, as an additional paragraph to the thirteenth section, to-wit:
The General Assembly shall have power to provide for the creation of County Commissioners in..such Counties as may require them, and to define their duties.
The same was adopted. Mr. McCay offered the following, as an additional para graph, to-wit:
The records, papers and proceedings of the several County Courts in this State are hereby transferred to the care and custody of the Superior Courts herein established in the several Counties; and the cases undecided, and judgments unper formed, pending therein, or issued therefrom, shall be decided and performed by the Superior Courts, wherever .the said Supe rior Courts have,,by this Constitution, granted to them juris diction over the cause of action on which said cases, civil or criminal, are founded.
The same was not adopted. Pending the question of adopting the report of the Committee, as amended, the hour of 1 o'clock p. m. arrived, arrd the Convention adjourned until' 3 o'clock p. m. this day.

3 O*'CLOCK p. M. The Convention met pursuant to adjournment. The roll was called, and a quorum* found present. On. motion of Mr. Bedford, the Rule was suspended, when Mr. Martin, of Habersham, offered the following Resolution, which was taken up:
The Disbursing Agent having in his hands fifteen- thousand dollars for the use of this Convention: It is, therefore,.
Resolved, That the Auditing Committee be required to issue vouchers to such only as are members and officers, as appears from the records of this Convention, not to embrace such as have never attended the same; and that the Disbursing Agent

CONSTITUTIONAL CONVENTION.

471

pay to each member and officer of this Convention having such voucher the sum of sixty-five dollars, out of such fund, and that the balance of said fifteen thousand dollars be applied to Contingent- expenses.

Mr. Akerman moved to refer said Resolution to the Auditing Committee.
The previous question was called, and sustained. The. main question was put, and the motion of Mr. Akerman lost. '
The Resolution of Mr. Martin, of Habersham, was agreed to.
Mr. Noble moved a suspension of the Rule, for the introduction of the following Resolution :

Resolved, That all delegates in this Convention who refuse to. sign and support the Constitution adopted by the members thereof, shall receive no pay.
The previous question was called for, and sustained.
The main question was put, and lost. On motion of Mr. Bryant, the report of the Committee on the Fay of Absent Members was taken up, the samehaving been placed in full upon the Journal of yesterday.
Mr. Hopkins proposed to amend the same, by adding,, "or obtained by the military authorities."
Mr. Murphy moved to amend, by adding:

That all delegates who have been in attendance on this Con^ vention be allowed pay for six days' absence.
The previous question was called for, and sustained.
The main question was put, and the amendments of Mr. Murphy and Mr. Hopkins were lost.
The report was then adopted without amendment. The unfinished business was resumed, to-wit: the report of the Judiciary Committee.

472

JOURNAL OF THE GEORGIA

Mr. "Whi'teley offered the following, as an additional paragraph, to be added to section thirteen, to-wit:

Such civil jurisdiction may be conferred on. the District Judges as the General Assembly may direct.
The same was adopted.
Mr. Blodgett offered the following-, as an additional paragraph to said thirteenth section :

Notaries Public shall be appointed and commissioned by the Governor, not to exceed one for each Militia District, for a term <of four years, and shall be ex-officio Justices of the Peace.

The same was adopted.

The repoTt of the Judiciary Committee was, on motion

of Mr. Y/hiteley, adopted, as amended, and referred to

.the Committee-on Revision: ....



Mr. Blount offered the following Resolution :

Resolved, That a Committee of seven be appointed, to inves-. tigate the accounts against this Convention.
The same was, on motion, indefinitely postponed.
Leave of absence was granted Mr. Saulter, on account of sickness.
Mr. Hopkins offered the following Resolution, which was taken up and adopted:

Resolved, That the_pay that was due Aaron A. Bradley by

.this Convention, up to the day of his expulsion, be paid by the

Disbursing Officer to his order, in the sa'me manner and-on the

; same terms as other members.

.

On motion of Mr. Miller, the" report of the Committee on Militia was-taken up.
On motion of Mr. Whieley, the same was adopted without amendment, and referred to the Committee on Revision, the same shaving been previously spread in full upon the Journals, of this Convention.

CONSTITUTIONAL CONVENTION.

473

On motion of. Mr. Akerman, the report of the Judi ciary Committee on the subject'of the qualifications of members, of the first'General Assembly, under this Con stitution j was taken up.
The previous question was called for, and sustained. The main question was put, and the Ordinance reported by said Committee adopted without amendment.
The same has been spread in full on th'e Journals of the7 Convention of a previous day.
Mr, Hotchkiss, from the Committee on Miscellaneous Matter, offered the following report, which -was taken up and read:.
WHEKEAS, All the civil officers of the State are only provi sional, until this State is represented in Congress; and whereas, the interest of Georgia requires that all the civil offices shall be filled by loyal citizens, according to the provisions of the Constitution being framed by this Convention, at the earliest practical moment, and for the purpose of avoiding any unnecessary delay or loss of time, and useless expense to the State: It is ordained that an election be held on -- day of April, (at such places as may be designated by the Commanding Gen eral of the District, for voting on ratification of the Constitu tion, for the election of Governor, members of the General Assembly, Eepresentatives to the Congress of the United States, and all other officers to be elected as provided in this Constitution.
And at said elections on the ratification of the Constitution, and for Governor, members of Congress, members of the Gene ral Assembly, and all other civil officers, the qualification for voters shall be the same as prescribed by the Act of Congress, known as the Sherman Bill, for voters at the election on the ratification oi the Constitution, and -at all election^ under the provisional government. And Major-General Meade is respect fully requested to give the necessary orders to carry into effect the foregoing provisions, and cause due returns to be made, and certificates of election to 'issue, by the proper officers. And be it further ordained, that the regulations established by Con gress for voting upon the ratification of the Constitution, and

474

JOUKNAL OF THE GEORGIA

for voting at elections under the provisional government, shall apply to the election of officers as aforesaid, and the persons so elected shall continue in office till the regular succession pro vided for after the year 1868, and until successors are elected and qualified.
TJpon any voter being challenged, he shall take the following oath:
You do- solemnly swear (or affirm) that yon have been duly registered agreeably to the Acts of Congress; that you have not prevented, or endeavored to prevent or dissuade, any per son from voting at this election; that if the Constitution upon which the vote is now being taken is ratified, that you will truly and faithfully support it. So help you God.
Said, report was ordered to lay on the table for the pre sent, and that two hundred copies thereof be printed for the use of the Convention.
On motion of Mr. Bryant, the report of the Committee on Education was taken tip.
Before any action thereon, the. Convention adjourned until 9J o'clock a. m., to-morrow.

Atlanta, Ga., Wednesday, March 4, 1868.
The Convention met pursuant to adjournment. Prayer by the Eev. Mr. Trawick. The Journal was read. On motion of Mr. Murphy, so much thereof was recon sidered as relates to the adoption of the report of the Committee on the Pay, of Absent Members. The same was again adopted without amendment. Mr. Blount moved,a suspension of the Rule for the intro duction of the following Resolution :
Resolution directing the Committee upon Printing, forth with, to contract for the printing of five thousand copies of the Constitution in pamphlet form, and fifteen hundred copies of the Journals, and fifteen hundred copies of the Debates.

1 r1'

CONSTITUTIONAL CONVENTION".

475

SEC. I. Be it Resolved, That the Committee upon Printing forthwith contract for the printing of five thousand copies of the Constitution in pamphlet -form, and fifteen hundred copies of the Journals, and fifteen hundred copies of the Debates; and that the sum of two hundred dollars be allowed for making out and arranging the index for the Journal, and bringing up the unfinished business . of the Convention, .;md correcting a, proof-sheet of "the Journals; and that a copy be forwarded to each delegate of this Convention, and to each Ordinary and each Clerk of the Courts of each County in the State.
The motion to suspend the Rule did not prevail. On. motion of Mr. Miller, the Rules were suspended, when he made a motion that, when the Convention adjourn, at 1 o'clock p, m., this day, it adjourn until 9J o'clock a. ni., to-morrow, for the purpose of affording time for the Committee on Revision to prosecute the duties assigned them in revising the Constitution. Mr. Conley proposed to amend said motion, by adding thereto, "and that this session of the Convention will adjourn on "Wednesday, llth March instant, at 12 o'clock m. Mr. Bryant moved to amend the amendment of Mr. Conley, by striking out all after the word "that" and inserting "the pay' of members cease on the llth day of March instant. The previous question was called for by Mr. Speer, and sustained. The main question was put, and the amendment of Mr. Bryant lost. The amendment of Mr. Conley was received. The motion of Mr. Miller, as amended, prevailed. On motion of Mr. Martin, of Habersham, the Rule was suspended, for the introduction of .the following Resolu tions:
Resolved., That the Auditing Committee report- to this Con vention, on to-morrow morning, or as soon as convenient, how

476



JOURNAL OE THE GEORGIA

many members and officers there are properly belonging to the Convention, not to include such as have never attended the same; and the amount due to each member and officer, aa appears from the record, for their per diem and mileage pay, up to the llth of this instant. -
Resolved, That the Finance Committee report, also, to this Convention, on to-morrow moraing, or as soon as convenient, how much and to- whom they have paid any moneys appro priated by the' Convention for that purpose.

The same was amended, on motion of Mr. "Whiteley, by substituting for the word "convenient" the word "prac ticable."
The same, was further amended, on motion of Mr. Trammell, by adding thereto the following, at the close of the first clause: "and amounts which have been audited by said Committee as contingent expenses, and to whom said claims were due."
The Resolution, as amended, was adopted. The unfinished business resumed, to-wit: the report of the Committee on Education. Mr. Turner moved a suspension of the Rule, for. the introduction of a Resolution extending the privilege of one hour's speech to Mr. Caldwell, Chairman of the Com mittee on Education. The Rule was suspended. Mr. Blodgett offered the following Resolution:

Resolved, That Mr. Caldwell be allowed to speak one hour on the Educational Report.

Mr. ITotehkiss moved to amend, by extending the same

privilege to all who may desire to speak in reply. .

Mr. Murphy moved to amend, by extending the privi

lege of one hour to one member in-reply to the Chairman.

Mr. Parrott offered to amend, by extending the same

privilege to all who may desire, to discuss, the report-.

The same was adopted.



'"? r V.

CONSTITUTIONAL CONVENTION.

477

Pending action n the final adoption of the same, the whole-subject-matter, on motion of' Mr. Stone-, was laid on the table.
Mr. Smith, of Coweta, presented the following report:
Mr. President:
Your Committee, to whom was referred the claims of cer tain parties, for services rendered before the permanent organ ization of the Convention, beg leave to report that we find the claims .of Patrick Fitzgibbon and Harry Camp well founded, and hereby recommend that five dollars per diem be paid each for three days.

The report was taken up and adopted.

Leave of absence was granted Mr. Akerman, after to

morrow, on important business, and th'e leave previously

granted to Mr. Hooks extended for a few days, on account

of continued indisposition. .

. ;r;

On motion of Mr. Whiteley, the report of the Com

mittee on Education was taken up by sections.'

Mr. Welch offered the following, as a substitute for the

entire report:

.

SECTION I.
Uniform System of Common /Schools. The general diffusion of learning and knowledge being essen tial to the perpetuity and welfare of good government, as well as the peace and good order of society, it shall, therefore, be the duty of the Legislature, at its first sitting after the ratifi cation of this Constitution, to. provide liberally for general and uniform system of Common Schools, wherein tuition shall be without charge, and open equally to all persons from the age of five to twenty-one years.

SECTIOX II.
Higher Branches of Learning and S'oience. ( Separate public institutions for teaming* may be established by law for such scholars and persons as- may wish to be in structed in the higher branches of learning and science, pro vided such schools or institutions do not receive any portion of thier support from the Common School Fund of this State.

478

JOURNAL OF THE GEORGIA

SECTION III.
Common School Districts.
The Legislature,shall divide the State into Common School Districts, so as to make each Militia District a School District, and shall not provide for less than one school and school house in each District where there are sufficient scholars for a school. In Districts where there are more scholars than enough for one school, shall increase the number of schools and school houses, so as to accommodate all the scholars in the District. The Legisla ture shall also provide for the erection of suitable school houses in each District in the State.

SECTION IV.
State Superintendent--Appointment and Duties.
It shall be made the duty of the Governor to appoint, with the advice and consent of the Senate, a good and competent person, who saall' act as Superintendent of the Common School's of this State. He shall hold his office for the" same length of time as the Governor, and shall receive such salary as the Legislature shall fix by law. It shall be. the duty of the Superin tendent to recommend and prescribe, for the use of all the Common Schools of this State, a complete and uniform series of the best and most approved text books. It shall also be his duty to visit and make himself acquainted with the true con dition and wants of the several School Districts in the State; shall make an' annual report to the Legislature, at the early part of its session, giving such general and particular information as, in his judgment, the public interest may require.

'SECTION V.
JBoard of Examining Committee. There shall be elected or appointed, as the Legislature may determine, three competent men, who shall constitute a Board of Examining Committee for each -County in this State, whose duty it shall be to examine all. applicants' who may apply to become teachers in any of the Common or Prinrary Schools of their respective Counties, and, after a careful and full examina tion of the applicants, both as to their moral character and lite'rary qualifications, and if found so qualified, shall give the applicant a written certificate of his or her competency- to

CONSTITUTIONAL CONVENTION.

479

'engage as teacher , in any of the Primary Schools in their County; it shall also be made the duty of one or more of the members of this Board to visit each District School in their County twice-each term, once at or near the commencement of the term, and once at or near the close. They shall make, to the State Superintendent a concise report of the length of the term, number of scholars in euch School District, number in usual attendance, the kind of discipline and general character of the schools -in, their respective Counties. The ' Legislature shall provide just compensation for the services of the Boards of Examining Committees.

SECTION VI.
District School Agent 'and Duties.
The Legislature shall provide for the election, by the citizens of each School District, of one suitable man as School Agent for each School District, whose duty it shall be to employ teachers for each, school in his District: And shall not be allowed to employ any person not having a written certificate from the Board of Examining Committee of his County, not in date older than twelve months. . It-shall be his duty to see that the school houses are in a comfortable condition, and supplied with such necessary furni ture and conveniences as will make the scholars and teachers comfortabl e; paying for the same out of the money allotted his District, tiniest otherwise provided for.

Mr. Harris, of Chatham, offered the following substi tute :
The Legislature, at its first session after the adoption of this Constitution, shall provide a thorough system of General Edu cation, to be forever free to all the children -of the State, the expenses of which shall be provided for by tax, levy, or other wise.
The office of the State School Commissioner is hereby created; the State School Commissioner to be appointed by the Governor, confirmed by the Senate, and to hold Ms office for the same term of years as the Governor, and at the State Capi tol-; and the Legislature shall provide; for the said Commis sioner a competent, salary, and necessary clerical .assistance.

480

JOURNAL OF THE &EOE.&IA

Mr. McCayproposed to "amend the, substitute- of Mr,

Harris as follows:

''

The poll tax allowed by this Convention, any educational

fund now belonging to the State, or that may hereafter be

obtained in any way, a special tax on shares, and on the sale' of

spirituous and malt liquors, which the General Assembly i's

hereby authorized to assess, the proceeds of the coiatnutatibh

for militia service, and at least one-fifth and riot more than

one-third of the general State tax of the State, if needed, is

hereby set apart and d'onated to the purposes of Comm'on

Schools.

'

B-ESOLtJTIOX.

Hesolved, That the President of this Convention do appoint

the Chairman of the Committee en Education, and two other

persons, as a Commission to digest and'"report to the next

General Assembly a system of Common Schools for the people

of; this State. "

'

'

Mr. "While-ley moved that one hundred and fifty copies of the foregoing substitutes, .and of the amendment, he printed for the use of the Contention.
The motion was so amended as to include a substitute by Mr. Seeley, and one' by'Mr. Angier, and agreed to as amended.
The Convention, on motion, adjourned until 9| o'clock a. m., to-morrow.

Atlanta,. (?., .Thursday, March 5, 1868.
The Convention, met pursuant to adjournment. Prayer by the Chaplain. The Journal was read. The leave of absence granted Mr. Potts was extended, because of his detention by subpoena at the, Superior Court of his County. Jjeave of-absence was granted Miv Bobertson for one day, and fey'Mr. Powerl on account of- sickness.

CONSTITUTIONAL CONVENTION.

481

. .The unfinished business! of yesterday was resumed, to-

wit: the. report of the Committee on the subject of'edu

cation, to which were pending, at the time of adjourn

ment, two substitutes--one offered by Mr. Welch, the

other by Mr./Harris, of Chatham; also, an amendment

by Mr. McCay to the substitute of Mr. Harris of Chat

ham. : ...

..

Said amendment was accepted by Mr. Harris.

Mr. Parrott (Mr. Conley in the Chair) .proposed to

amend the same as follows, to-wit: Strike out all after the

words "militia service" and insert the following:

Are hereby.-set apart and-devoted to the -purposes of Com mon Schools. And if the provisions herein made shall at any time .prove insufficient, the General Assembly shall have power to levy such general tax upon the property of the State as may be necessary for the support of Said school system.

Mr. Saffold offered the following Resolution :

Resolved, That all reports, amendments, and substitutes now

pending before the Convention, upon the subject of education,

be-referred to a,Special Committee, consisting of Messrs. Cald-

rcell, MeCay, Akerman, Harris of Chatham, Ang-igr, Miller,

Welch, Parrott, Turner and Anderson, with instructions to

report to:mbrrew morning., -

-

...

The same was not agreed to. Mr. Akerman moved that debate cease on tbTe subject of education at 12 o'clock m., to-day. The motion did not prevail. The amendment of Mr. Parrott was received. Mr. Miller proposed .to amend the amendment- of -Mr. McCay, by inserting after the Word "State," in the first line, the following: "except the endowment of and the debt due to the State University." The same was accepted by Mr. McCay. . On motion of Mr. Murphy, the Resolution appended to the amendment-of Mr. McCay was stricken out. -

482

JOUKNAL OF THE GEORGIA

Mr. "Whiteley moved to amend the adopted amendment

of Mr. Parrott, by adding, at the conclusion thereof, the

following':

' . '

And there shall be, at the earliest moment practicable, one or more Common Schools in each School District in this State.

The same was received. Mr. Turner moved to amend the amendment of Mr. McCay, by striking out the words "on the sale of spiritu ous and malt' liquors." Mr. Parrott called for the previous question, which was sustained. The main question was put, and the amendment of Mr. Turner lost. The question recurring on the adoption of the substi tute, as amended, the sa'me was adopted. The report, as amended, was also adopted, and is as follows, to-wit:

The General Assembly, at its first session after the adoption of this Constitution, shall provide a thorough system of gene ral education, to be forever free to' all the children of the State, the expense of which shall be provided for by taxation, or otherwise.
The office of State School Commissioner is hereby created; the State School Commissioner to be appointed by the Gov ernor, confirmed by the Senate, and to hold His office for the same term of years as the Governor, and at the State Capitol; and the Legislature shall provide for the said Commissioner a competent salary and necessary clerical' assistance.
The poll tax allowed by this Constitution, any educational fund no.w belonging to the State, except the endowment of and debt due to the State University, or that may hereafter be obtained in.any way, a special tax on. shows and exhibitions, and on the sale of spirituous and malt liquors, which the Gene ral Assembly is hereby authorized to assess, and the proceeds of the commutation for militia service, are hereby set apart and devoted to the support of Common Schools: And if the provisions herein made shall, at any time, prove insufficient,

CONSTITUTIONAL CONVENTION.

483

the General Assembly shall have power to levy .such general tax upon" the property of the State as. may be necessary for the support of said school system. And there shall be established, as soon as practicable, one' or more Common Schools in each School District in this State.
On motion of Mr. "Whiteley, the foregoing report was referred to the Committee on Revision'.
On motion of Mr. Bryant, the Rule was suspended, and it was . '
Resolved, That when the Convention adjourns, this day, at 1 o'clock p. m.-, it do adjourn until,9 J o'clock a. m., to-morrow.
As-Chairman of the Committee.on Franchise, to whom a Resolution relative to the redistricting the State into Congressional Districts was referred, Mr. Bryant desired to be instructed by the Convention as to whether said Committee, in the performance of its. duties, should base Congressional representation on the actual or Federal population.
Mr. Miller offered the following Resolution:
Resolved, That the Committee on. Franchise be instructed to arrange the Congressional Districts on the basis of representa tion and census of 1860.
Mr. Bullock offered.the following amendment, which was accepted by Mr. Miller:
The Committee be instructed to report, leaving the Districts just as they now are*
The Resolution, as amended, was adopted.
Mr. Bavis offered the following, which was read, and, on motion, referred to the Judiciary Committee:

The laws now, and hereafter to remain, "of paramount authority in the State of Georgia are, first, the Constitution of the United States and laws of the Congress of the said United States, enacted in pursuance of said Constitution, and all treaties made under authority of said United States.

484

JOURNAL OF THE GEORGIA

The lawnext in force, and subordinate to the aforesaid Con

stitution, laws and treaties, in the State of 'Georgia, shall he

this Constitution. -,

.

The laws next in authority in Georgia shall be those con tained in the Code of Georgia, as revised by the Hon. David Irwin; also, so much of the common and. statute laws of Eng land, and of the statute law of Georgia, as is now of forqe, and not embodied in said revised code, nor inconsistent there with. Local and private statutes, not unconstitutional, enacted for the benefit of counties, cities, towns, corporations, and private persons, and now of force, shall so remain, until they are rendered void.by their own limitation, or by judicial deci sion. The judgments, orders, decrees, and all other lawful acts and doings of the several Courts of Georgia, so far as the same were within the respective jurisdictions of said Courts, are hereby ratified" and .'confirmed, so-far as they have hot already been-, or may hereafter be, on a final hearing, reversed, annulled and set aside,, under such proceedings, as are in due conformity to Jaw.
All rights, immunities and privileges (always, however, lim ited by the pro visions of this Constitution in this behalf,) which have vested in .or accrued -to any person, or persons, natural or artificial, in his, her, or their, own right,, or in a fiduciary capacity, by virtue of,-any law duly of.forc.e in this,State, or by virtue of any judgment, order, decree, or other proceedings, of any Court of this State, having jurisdiction (subject to be annulled and set aside.as hereinbefore specified), shall'be 'held and adjudged, by all the Courts of. Georgia, sacred and invio late, except when attacked.for fraud.

Leave of absence was granted Mr. Lumpkin, on. account of sickness of his family.
On motion of Mr. WMteley, tlie Convention adjourned until 9A o'clock a. m. to-morr.ow.

CONSTITUTIONAL CONVENTION.

485

' . Atlanta, Ga., Friday, March 6, 1868.

The Convention met pursuant to adjournment.

Prayer by the Chaplain.

The Journal was read.

Mr. Conley moved a reconsideration of so much thereof

as relates to the adoption of the Eesolution of Mr. Miller

on the subject of redistricting the State for Congressional

representation.

On the question of reconsideration the yeas and nays

were demanded.

Those who voted in the affirmative, are Messrs.

Adkins,

,

Alexander,

Anderson,

Ashburn,

Bedford,

Bentley,

Bell of Oglethorpe,

Blodgett,

Bryant,

Bullock,

Campbell,

Catching,

Casey,

Caldwell,

Clift,

Chatters,

Chambers,

Cobb of Houston,

Costin,

Conley,

Crayton,

Davis,

Dinkins,

Dunning,

Edwards,

Fort,

Gove,

Golden,

Guilford,

Harris of Chatham,

Harrison of Hancock,

Higbee,

Hotchkiss, Hopkins,
Joiner, Linder,
McOay, McWhorter, Moore of Columbia, Murphy,
Noble, Palmer,
Pope, Potts, Prince, Rice, Sikes, ' Shields, Seeley, Sherman, Smith of Coweta, Stewart, Stone, Strickland, Turner, Walton, "Wallace, Welch,,
Wilbur, Whitaker, Whitehead of Burke, Whitehead of Butts, Whiteley, Williams.

486

JOURNAL OF TEE .GEORGIA

Those who voted in the negative, are Messrs.

Akerman, Angler, Bell of Banks, Bowden of Campbell, Bowden of Monroe, Bowers, Blount, Brown, Bracewell, Bryson, Burnett, Carson, Cameron, Christian of Newton, Cooper, Crawford, Dews, Dunnegar, Ellington, Fields, Foster of- Paulding, Gilbert, Goodwin, Griffin, Harris of Newton, Harrison of Carroll?
There are yeas 64 ; nays 51.
sider prevailed.

Higden, Houston, Holcombe, Howe, Hutch eson, Key, King, Knox, Lee, Maddox, Mathews, Martin of Carroll, Martin of Calhoun, Martin of Habersham, McHan, Minor, Moore of White, Saffold, Smith of Thomas, Shropshire, Shumate, Stanford, Trammel!, Traywiek, Woodey.
So the motion to recon

The reconsidered motion was taken up. Mr. Bryant offered the following Ordinance, as a sub stitute therefor:

AX ORDINANCE TO ESTABLISH CONGRESSIONAL BISTBICTS.
The People -of Georgia, in Convention assembled, do ordain, That, conforming to the last apportionment of mem bers of the House of Representatives of the United States Congress, there shall be, in the State of Georgia, seven Con gressional Districts, constituted as follows, until changed by Act of the General Assembly, viz:
The First District shall include the Counties of Chatham, Bryan, Liberty, Mclntosh, Wayne, Glynn, Camden, Charlton, Ware, Pierce, Appling, Tatnall, Bullock, Effingham, Scriven,

CONSTITUTIONAL CONVENTION.

487

Emanuel, Montgomery, Telfair, Coffee, Clinch, Echols, Lowndes, Berrien, Irwin, Laurens, Johnson, Brooks, Colquitt and Thomas. -,
The Second District' shall include the Counties of Deca-tur, Early> Miller, Baker, Mitchell, Worth, Dooley, Wilcox, Pulaski, Chattahoochee, Macon, Marion, Sumter, Webster,' Stewart, Quitman, Clay, Calhoun, Randolph, Terrell, Lee and Dougherty.
The Third District shall include the Counties of Muscogee, Schley, Taylor, Talbot, Harris, Troup, Merriwether, Heard, Coweta, Fayette, Clayton, Carroll, Campbell, Houston and Crawford. .
The Fourth District shall include the Counties of TJpson, Pike, Spalding, Henry, Newton, Butts, Monroe, Bibb, Twiggs, Wilkinson, Baldwin, Jones, Jasper and Putnam.
The Fifth District, shall include the Counties of Washington, Jefferson, Burke, Richmond, Glasscock, Hancock, Warren, Columbia, Lincoln, Wilkes, Taliaferro, Greene, Morgan, Oglethorpe and Elbert.
The Sixth District shall include the Counties of Milton, Gwinnett, Walton, Clarke, Jackson, Madison, Hart, Franklin, Banks, Hall, Forsyth,. Pickens, Dawson, Lumpkin, White, Habersham, Rabun, Towns, Union, Fannin and Gilmer.
The Seventh District shall include the Counties of DeKalb, Fulton, Cobb, Polk, Floyd, Bartow, Cherokee, Gordon, Chattooga, Walker, Murray, Whitfield, Catoosa and Dade.
Mr. Shropshire moved to lay the foregoing substitute
on the table. The previous question was called for, and sustained. The main question was put, and the motion to lay on.
the table did not prevail. The substitute was then adopted. Leave of absence was granted Mr. Crane, on account
of serious illness. On motion of Mr. Akerman, the Rule was suspended,
and it was
Resolved, That when the Convention adjourn, this day, at 1 o'clock p. m., it do adjourn until 9 o'clock a, m., to-morrow.

488

JOURNAL. 01 THE GEOEfflA

On motion of Mr. Hotchkiss, the report ,of the Com mittee on Miscellaneous Matter, relative' to an election for Governor, etc., was taken up.
Mr. Bryant offered a substitute for- said report.
On motion of Mr. "Whiteley, the original and proposed substitute were referred to the Committee, with instruc tions to report again on Monday morning.
On motion of Mr. Smith of Thomas; the Rule was sus pended, when he offered the following Resolution, which was taken up and agreed to, to-wit:
WHBEBAS, The people of Southwestern Georgia are deprived of direct railroad communication with the central and North ern parts of the State; and
W7iereas} such communication will tend to unite the people of the State, and open a convenient and ready access to the ports on the Gulf of Mexico, and in that view is an object of national interest; and
Whereas, the completion of the South Georgia and Florida Railroad would establish such communication, and this work is delayed on account of the pecuniary distress of the country; and
Whereas, it would be eminently wise and liberal in the Government, of the United States to aid the impoverished peo ple of the South in restoring their material prosperity; and
Whereas, this Convention has information that the sum of one hundred thousand dollars, in addition to the resources now at hand, will suffice for the completion of said railroad between Albany and Thomasvifle. Therefore, be it
Eesolved, That the Congress of the United States be respectfully requested to authorize a loan from the Treasury of the United States, of the sum of one hundred thousand dollars, to the South Georgia and Florida Bailroad Company, on such terms as may be reasonable to the Company and safe to the Government.
Resolved, That a copy of the foregoing preamble and Reso lution be transmitted to the President of the Senate and Speaker of the House of. Representatives-of the United States, with a request that they be laid before their respective bodies.

CONSTITUTIONAL CONVENTION.

489

Mr. Hopkins n?bved a suspension of the Rule, for the purpose of offering an Ordinance to point out the mode of payment of the fees of the Solicitors-General of the State of Georgia, and for other purposes therein men tioned.

Mr. Akerman rose to a point of order, that the propo sition was excluded as legislative matter, under the Eule adopted by the Convention.

The point of order was sustained.

Mr. Hopkins then moved that the Eule excluding legis

lative matter be rescinded, for the purpose of entertaining his proposition.

On motion of Mr. Akerman, the motion to rescind the Rule was indefinitely postponed.

On motion of Mr. Davis, the Eule was suspended, when

he offered the following Eesolution :.

f

Resolved, That

copies of the Constitution framed by

this Convention be sent, by the Secretary, by mail to each mem

ber of the same.

Mr. Harris moved.to amend, by- adding, after "Consti tution," the words "Ordinances and Resolutions,"

The same was accepted by Mr. Davis.

Mr. Trammell offered the report of the Committee on Printing relative to this subject, as, a substitute for the Eesolution of Mr.- Davis.

Mr. McCay offered the following, as a substitute for the pending matter:

That each of the newspapers in the State be authorized to publish, once a week in their regular issue, until the election, the Constitution adopted by this body, and the General Assem bly is hereby required to provide a reasonable compensation for the same.
On motion of Mr. Bry'ant, the whole subject-matter

was referred to the Committee on Printing, with instruc-

490

JOURNAL OF THE GEOR.&IA

tions to print one thousand copies of the Constitution for the use of the Convention.
Mr. Turner moved a suspension of the Bule, for the introduction of the following Eesolution :
Resolved, That this Convention respectfully request the Union Republican Executive Committee, at Washington,- to publish and circulate twenty thousand copies of our Constitu tion.
The Eule was suspended, and the Eesolution adopted.
Mr. Ashburn moved a suspension of the Eule, for the introduction of the following Eesolution:
Resolved, That the President appoint a Committee of three, to confer and act in concert with the Mayor and Council of the City of Atlanta, in arranging and securing proper accommoda tions for the Legislature, Executive and Legislative Depart ments of the Government of the State^ in accordance with .the proposition made by said city, whose duty it shall be to see that the accommodations are in readiness for the Legislature, to be elected under this Convention, by the time to be fixed for its assemblage, and to superintend generally all necessary pre parations for the convening of the Legislature, and for the accommodation of the Legislative, Executive and Judicial Departments.
The motion to suspend the Eule did not prevail.
Mr. Saffold moved a suspension of the Eule, for the introduction of the following.Resolution:
Resolved, That the present condition of the Western and Atlantic Railroad, the amount of" its monthly net proceeds, and the regularity and safety of its transportation, both traveEing and freight, reflects the highest credit upon its. Superintendent, Major Campbell Wallace, and his faithful and efficient em ployees.
And that the Secretary of this Convention forward Major Wallace a copy of this Resolution.
On motion of Mr.. Bryant, the motion to suspend the Eule was laid on the table.

^<

CONSTITUTIONAL 'CONVENTION.

491

Mr. Rozar'feoved a suspension'of the Rule, for the introduction of the following:
WHEREAS, It is- considered imprisonment of persons have been made, contrary to the reasonable demands of justice, by the Provisional Civil Government of Georgia, and punishment inflicted on persons unmercifully, for minor, offences, and the committalof which by said persons is attributable to extreme destitution and necessity; and
Whereas, it is considered the adjudication1 of the respective Courts of the Provisional Civil Government of Georgia have, in some instances, been controlled by such prejudicial feelings as. to command their better sense and judgment, and have not been governed in conformity with the reasonable requirements of justice, and punishments inflicted. Therefore,
Resolved, by^ the ^Representatives of the feople of Georgia, in Convention assembled, That.aninvestigation.be made per taining to the charges, offences, and causes of imprisonment of persons in the Penitentiary, in Milledgeville, Georgia; and if persons are confined under the circumstances considered, they at once be released; and further
Resolved, The Commanding General of the Third Military District is respectfully requested to act in such manner as he may deem expedient and legitimate, for the immediate enforce ment of this Resolution.
The motion to suspend the Rule did not prevail.
On motion of Mr. Bentley, the Rule was suspended, when he offered the following Resolution, which was taken up and agreed to:
Resolved, That the Mayor and City Council of Atlanta are entitled to, and are hereby tendered, the thanks of this Con vention, for their kind attention in providing a hall, and for other courtesies.
On motion of Mr. Martin, of Habersham, the Rule was suspended, when he offered the following Resolution, which was taken up and adopted:
Resolved, by this Convention, That' the several Tax Col lectors in the State of Georgia be, and they are hereby, required

492

JOTJKNAl OF THE GEORGIA

to take up, from the holders of all ,such scrip or warrants, -as may be presented to them, and which have been issued by the Provisional Governor or Comptroller-General, to pay the mem bers and officers of this Convention their per Mem and mileage, and the contingent expenses of the same: Provided, The said Collectors have, the tax moneys assessed by this Convention IE their hands, when such scrip or warrants are presented.

On motion of Mr. DaYas,the Rule was suspended, when he ofiered the following Kesolution, which, being read, was, on motion of Mr. Akerman, referred to the Com mittee OH Finance:
Resolved, That P. M. Sheibley, Secretary, A, E. Marshall, Assistant Secretary, and Jackson T. Taylor, Journalizing Clerk of this Convention, "be allowed, in scrip or warrants, the same additional compensation, respectively, as was allowed to the Clerk of the House of Representatives, the Assistant Clerk and Journalizing Clerk thereof, at the last session of the Gene ral Assembly, and that the Auditing Committee audit their accounts accordingly.

Mr. Burnett moved a suspension of the Bute, for the purpose of offering the following:
WHBEBAS, The Reporter of the Intelligencer, one of the leading journals in this State, has faithfully and correctly reported the proceedings of'this body; and
Whereas, he has not, at any time, omitted the honest duty of a true patriot in reporting the actual facts as to the actions of this Convention. Therefore, be it -
Mesolved, That the Convention unanimously vote him and pay him the sum of three hundred dollars, for his valuable services.
The motion to suspend the Eule did not prevail.
The following report was presented by Mr. Higbee, from the Committee on .Enrollment :
Mr. President: The Committee on Enrollment beg leave to report that the
following Resolutions have been regularly enrolled, and are

CONSTITUTIONAL CONVENTION.

493

now ready for. the signature of the President and attestation

of the Secretary, to-wit:

>

A Kesolution to pay each member and officer sixty-five dol lars.

The report of the Committee relative to the payment of absentees. '

A Resolution to pay Aaron A. Bradley up to the time of his expulsion.

A Resolution providing for the issuing warrants' in lieu of scrip.

A Eesolution requiring the Auditing Committee to repprt the amount, paid, and the amount due, the officers and members of this Convention.

The report of the Special Committee, providing for the pay ment of Fitzgibbon and Camp for services performed previous to the permanent organization of the Convention; also,

A Eesolution that this Convention adjourn on the llth of March, 12 o'clock M.
W. A. FORT, Chairman of the Committee on Enrollment.

Mr. Bryant, from the Committee on Corporations, made the following report:
The General Assembly shall encourage internal .improve ments, by passing liberal laws for that purpose.
The General Assembly shall provide for the incorporation and organization of cities and villages, and shall restrict their powers of taxation,,borrowing money, contracting debts, and loaning their credit.
Judicial officers of cities and villages sHall be ele'cted, and all other officers shall be elected or appointed, at such time and in such manner as the General Assembly may direct.
On motion, the Convention adjourned until,9-J o'clock a. m., to-morrow.

494

JOURNAL OF THE GEORGIA

Atlanta, Ga., Saturday, March 7, 1868.

The Convention met pursuant to adjournment.

Prayer by the Rev. Mr. Smith, of Thomas.

The Journal was read.

^ Mr. Miller moved a reconsideration of so much thereof as relates to the adoption of an Ordinance redistricting

the State for Congressional representation.

The motion did not prevail.

Mr. Rozar moved a reconsideration of so much of the

Journal of yeste'rday as relates to the refusal of the Con

vention to suspend the Rule, for the introduction of a Resolution instituting inquiry in regard to the causes of

imprisonment of convicts in the Penitentiary of this State.

Upon the question .of reconsidering, the yeas and nays

were required to be recorded.

Those who voted in the affirmative, are Messrs.

Adkins,

Edwards,

Alexander, Andersen,

Ellington, G-ove,

Ashburn,

Golden,

Bedford,

Guilford,

Bentley,

Beaird,



Harris of Chatham, Harris of Newton,

Baldwin,

Harrison of Hancock,

Blodgett,

Hopkins,

Bryant,

Jackson,

Bullock,

Joiner,

Campbell,

Jones,

Casey,

Linder,

Clift,

Madden,

Chatters,

' Maull,

Claiborne, Cobb of Houston, Costin,

McHan, Minor, Moore of Columbia,

Conley,

Murphy, '

Crayton,

Neal,

Cotting,

Noble,

Daley,

Palmer,

Dinkins,

Pope,

Dunning,

Prince,

CONSTITUTIONAL CONVENTION.

495

^Reynolds,

f

Rice,

Rozar,

Sikes;' ,,

Seeley,

Sherraan,

Stewart,

Sup'ple'j

Stone,

Strickland, Turner, Wallace, Welch, Wilbur,
Whitaker, Whitehead of Burke, "Whitehead of Butts, Williams.

Those who voted in the negative, are Messrs.

. Akerman,
Bell of Banks, Bowden of Campbell, Bowden of Monroe, Bowers,
Bigby, Blount, Brown,
Bracewell, Bryson, Buchan, Burnett, Carson, Cameron, Catching, ,. Christian of Newton, Chambers, Cooper, Cobb of Madison, Cole, Crawford, Crumley,
Davis, Dunnegan,
Fields, Flynn, ' Foster of Paulding, Gilbert, Goodwin, ,
Griffin, Harland, Harrison of Can-oil, Higden, Hptchkiss, Houston,

Holcombe, Howe, Hudson, Hutcheson, Jordan,
King,
Lee, Lott, Maddox, Marler, Mathews, Martin of Cai-roll, Martin of Calhoun, Martin of Habersham, McCay, Miller, McWhorter, Moore of White, Saffold, Shields, Smith of Coweta, Smith of Thomas, Speer, Shropshire, Shumate, Stanford, Stanley, Trammell, Trawick, . Waddell, Whiteley, Woodey.

There are yeas 66; .nays 69. So the motion to recon-

eider did not prevail.

496

JOURNAL OF THE GEORGIA

Mr. Akerman,. from the Committee, reported the fol lowing Resolution:

Resolved, That as soon as the Committee on Revision shall have completed any.part of the Constitution, two hundred copjes of the same shall be printed, under the direction of said Committee.

The same was adopted.

Also, the foliowing .Resolution, which was adopted:

Hesolved, That the,Committee on Revision be authorized to employ a clerk, whose compensation shall be hereafter deter mined by the Convention'.

Mr. Akerman also made the following report:

The Committee oil Revision recommend the following to be inserted in the Constitution:

AETICLE --.

Amendment of the Constitution.

This Constitution may be amended by a, vote of two-thirds

of each branch of the General Assembly, at each of two suc cessive regular sessions; but the elective-franchise shall not be taken from any class entitled thereto under this Constitution, unless such alteration shall have been submitted to the people, and ratified at a general election.

For the Committee:

A. T. AKERMAN,

Chairman pro tern.

The same was made lie special order for Monday.

Mr. Dunning offered the following Resolutibn, which was unanimously adopted:

WHEKBAS, The Georgia Constitutional Convention' is now about to conclude its deliberations. Be it, therefore,
Resolved, That the thanks of this body are due, and. sst& hereby tendered, to Major-General George G. Meade, Com mander Third Military District, for his hearty cooperation in all our labors, and for his uniform courtesy in his official cor respondence with this-body, as well as his marked kindness manifested in his private intercourse with the various members of this Convention.

CONSTITUTIONAL CONVENTION.

497

Resolved, That a cc|by of this Preamble and Resolution be furnished to the Major-General Commanding Third Military District, signed by the President and Secretary of this Con vention,

Mr. Shropshire moved a suspension of the Rule, for the introduction of the following Resolutions :

WJIEKEAS, The result $f the late disastrous war, the scarcity of money and the deran'gement of labor, have brought poverty, devastation and ruin upon the people of Georgia; and
Whereas, economy'in the public expenditures is an element of strength in Republican Governments. Be it, therefore,
Resolved, That the. people of Georgia^ in Convention assem bled, hereby declare .that the multiplication of unnecessary offlces-for favorites is condemned by the people of Georgia. And be it further
Resolved, That this 'Convention respectfully, but earnestly, recommend to the General Assembly, whose duty it shall be, to fix salaries of Executive, Legislative and Judicial officers to sums only adequate to the services actually rendered.

The motion to suspend the Rule did not prevail.

Mr. Blodgett moved that the Convention adjourn until 3 o'clock p. m., this day.

Upon this motion the yeas and nays were required to be recorded.

Those who voted in the affirmative, are Messrs.

Adkins,

Akerman,

Alexander,

Anderson,

Ashburn,

Bedford,

Bentley,

Beaird,

Baldwin, ,

Bell of Oglethorpe,

Bowers,

Blodgett,

Bryant,



Bullock,

Campbell, Carson, Casey, Clift,
Christian of Newton, Chatters, Claiborne, Chambers, Cobb of Houston, Cobb of Madison, Costin, Conley,
Crawford, Crayton,

498

JOURNAL OF THE GEORGIA

Cfumley, 'dotting, Davis, Daley, Dinkins, Dunning, Edwards, Fort, Gilbert, Goodwin,
Golden, Guilford, Harris of Chatham, Harris of NVwton,. Harrison of Hancock, Higbee,
Higden, Hotchkiss, Hopkins, Jackson, Joiner,
Jones, Knox, Linder, Madden, Maull,
McCay, Minor, Miller, MeWhorter,

Moore of Columbia, Murphy, Heal, Noble, Palmer,
Pope, Potts, Prince,
Reynolds, Rice, Eozar, Saffold,
Sikes, Seeley, Sherman, Shropshire, Stewart, Supple, Stanley,
Stone, Strickland, Turner, Walton, Wallace, Welch, Wilbur, Whitaker, Whitehead of Burke, Whiteley, Williams.

Those who voted in the negative, are Messrs.

Bell of Banks, Bo\vden of Campbell, Bowden of Monroe, Bigby, Blount,
Brown, Bracewell, Bryson,
Buchan, Burnett, Catching, Cooper, Punnegan, Ellington,
Fields, Flynn,

Foster of Pauldipg, Gove, Griifin, Harland, Harrison of Carroll, Houston,
Holcombe,
Howe, Hudson, Hutch eson, Jordan,
Key, King, Lee, Lott, Maddox,

CONSTITUTIONAL CONVENTION;.

499

'Marler,

\

Mathews,



Martin of Carroll.,

Martin of Calh'oun, "

Martin of Habersham,

McHan,

Moore of White,

Shields,

Smith of Coweta,

There are yeas 88; nays 50.

prevailed..

Smith of Thomas, Speer, Shumate, Stanford, Trammell, Trawick, Waddell, Whitehead of Butts, Woodey.
So the motion to adjourn

The President declared the Convention adjourned until

8 o'clock p. m.

3 O'CLOCK p. M. The Convention met pursuant to adjournment, the Hon. James L. Dunning, President pro tern., in the Chair. On motion of Mr. Martin, of Habersham, the Conven tion adjourned until 9 o'clock a. m., Monday.

Atlanta, Ga., Monday, March 9,1868.
The Convention met .pursuant to adjournment.
Prayer by the Chaplain.
The Journal was read.
The following communication from General Meade was
laid before the Convention:
HEADQUARTERS THIRD MILITARY DISTRICT) (Dep't of Georgia, Alabama, and Florida), V ATLANTA, GA., March 7, 1868. )
Hon. J". R. Parrott, President Constitutional Convention. SIE--I had the honor, on the 29th instant, to receive the
Resolution of the Convention, passed February 28th, 1868, requesting me to provide the means of defraying the expenses of the Convention to March llth. Immediately on its receipt I sent for the Provisional Governor and directed him to confer

500

JOURNAL OF THE GEORGIA

with members of the Convention, and arrange such plans as would be acceptable and were practicable. The Governor informed me that, on his proposing to advance a further sum of fifteen thousand dollars, the Convention would dispense with the issue of scrip authorized by my General- Order No. 24, and in.lieu thereof would be satisfied with the issue of cer tificates of indebtedness, to be countersigned by the Comp troller-General, and to be paid at the State Treasury, whenever the special tax was collected. This arrangement was approved by me. The money--$15,000--will be paid to the Disbursing Agent of the' Convention; and the Comptroller-General is now here, prepared to countersign the certificates . of indebtedness, whenever presented to him by the Disbursing Agent of the Convention.

Having thus fulfilled my part of the proposed arrangement, I was somewhat surprised to see a Resolution in the morning paper, purporting, to have been passed yesterday, requiring the Tax Collectors to take up -from the holders all such scrip or warrants as may be presented to, them, and which have been issued by the Provisional Governor or Comptroller-General, to pay the members and officers of the Convention.

Inasmuch as this Resolution is not in accordance with the understanding had with the Provisional Governor, as reported to me by that officer, and as there are, besides,grave objections to it, I deem it my duty, to prevent misunderstanding, to advise you that I am not able to give my approval to it, and my reasons therefor, which reasons, I trust, will be acceptable to the Convention.

My reasons are, that in order to raise and pay to the Con

vention, in advance of the collection of the special tax, the

sum of f 55,000,1 have had to disregard the just claims upon

the Treasury of the civil service and State institutions,- which

I only did on the expectation that the 'immediate collection of

the tax would enable a return to the Treasury of this amount

in time to prevent any' serious inconvenience arising from its

obstruction. If the Resolution passed by the Convention is

sanctioned, it will take from the financial officers of the State

the means of carrying out the plans on which the advances

were predicated.

'

If the Convention prefer the plan indicated ia -the Resolu-

CO%ST[TTJTIONA'k CONVENTION.

501

tion passed yesterday; to the understanding I had- with the Provisional Governor, I am willing to permit Tax Collectors to casn certificates of indebtedness, but shall be obliged to with hold the promised payment of the $15,000, which was only to be made on the conditions already stated.
Very respectfullyj your obedient servant,

GEO. G-. 'MEADE,





Major-General U. S. A., Commanding.

On motion of Mr. Wilbur, so much, of the action of the Convention was.rescinded as relates to the adoption of the Resolution referred to in the foregoing communi cation., requiring Tax Collectors to take up the scrip or warrants issued'in paying the expenses of the Convention.
Mr, Hotchkiss, from the Committee on Miscellaneous Matter, offered the following amended report, the original having been recommitted to said Committee:

WHEREAS, All the civil -officers of the State are only provi sional, until this State is represented in Congress.; and
Whereas, the interest of Georgia requires that all civil offices shall be filled by loyal citizens, according to the provisions of the Constitution being framed by this Convention, at the earliest practical moment, and for the purpose of avoiding any unnecessary delay or loss of time, and" useless expense to the State, it is
Ordained, That an election be held, beginning on the 2.0th day of April (at such places as may be designated by the Command ing General of the District), for voting on ratification of the Constitution, -for the election of Governor, members of the Gen eral Assembly, Bepresentatives to the Congress of the United States, and all .other officers to be elected as provided in this Constitution; and said election to be kept open from day to. day, at the discretion of the General Commanding.
And at said elections on the ratification of the Constitution, and for Governor, members of Congress, members of the Gene ral Assembly, and all other civil officers, the qualification for voters shall be the same as prescribed by the Act of Congress, known as the "Sherman Bill," for voters at the election on the,

502

JOUENAL OF THE, &EOEGIA

ratification of the Constitution, and at all elections under the provisional government. .
And Major-G-eneral Meade is respectfully requested' to give the necessary orders to carry into effect the foregoing provi sions, and cause due returns to be made and certificates of election to issue, by the proper officers. And be it further
Ordained, That the regulations established by Congress for voting upon the ratification of the Constitution, and for voting at elections under the provisional government, shall apply to the election of officers as aforesaid, and the persons so elected or appointed shall enter upon the duties of the several offices to which they have-been respectively elected, when authorised so to do by Acts of Congress, or the order of''the General Goiflr manding, and shall continue in office till the regular succession provided for after the year 1868, and until successors are elected and qualified; "and the rules for conducting and making the returns thereof shall-be the same>,as shall be prescribed by the Commanding General for the election and returns on the ratifi cation of the Constitution.
Upon any voter bemg challenged, he shall take the following oath:
"You do solemnly swear (or affirm) that you have been duly registered agreeably to the Acts of Congress; that' you have not prevented, or endeavored to prevent or dissuade, any per son from voting at this election; that if the Constitution upon which the vote is" how being taken is ratified, that you will truly and faithfully support it. So help you God."
Mr. Blount moved to strike out the words "20th April" aud insert "the first Monday in May."
Mr. Davis moved to amend, by inserting after the word "April," in the fifth line, the figures "1868,"
The following amendments, proposed by Mr. McCay, were accepted, to-wit: After "1868," occurring in the ninth line of the second paragraph, add the following:
So that said officers shall, each of them, hold their offices as though they were elected on the Tuesday after the first Monday in November, 186S, or elected or appointed at the General Assembly next thereafter.

CONSTITUTIONAL CONVENTION.

503

After the words "on the ratification of the Constitu tion," where it last occurs, add the following:

But this Ordinance shall not apply to Justices of the Peace, who shall be elected at such time as shall be provided for by the first General Assembly, until otherwise provided by law.

The amendment of Mr; Davis was received.

The amendment of Mr. Blount was lost.

IJpon the question of adopting the report as amended, the yeas and nays were required to be recorded.

Those who voted in the affirmative, are Messrs.

Adkins,
Alexander, Anderson, Ashburn,
Bedford, Bentley, Beaird, Baldwin, Bell of OglethQ.rpe, Blodgett, Bryant, Bracewell, Buchan, Bullock, Campbell, Catching, Casey, Clift, Claiborne, Chambers, Cobb of Houston, Costin,
Crayton, Cotting,
Davis, Daley, Dinkins, Dunning,
Edwards, Gilbert, Gove, Golden, Harris of Ch.atb.aia,

Harris of Newton, Harrison of Hancock, Higbee, Hotchkiss, Hopkins, Jackson, Joiner,
Jones, Jordan, Lindgr, -
Lumpkin, Madden, Maull,
McCay, Minor, Moore of Columbia, Murphy,
Noble,
Palmer,
Pope, Potts, Prince,
Reynolds, Rice, Rozar, Sikes, Shields, Seeley,
Sherman, Smith of Coweta, Speer,
Stewart, Stanley,

504

JOURNAL OS1 THE GEORGIA

Stone,
Strickland, Turner, . Walton, . , Wallace,
Welch,

Wilbur,

,

Whitaker,

'

Whitehead of Burke,

,.,'-.. ^Whitehead of Butts,

Williams.

Those who voted in the negative, are Messrs.

Bell of Banks,

Blount,

Brown,

Bryson, .

Burnett,

Carson,

Cameron,

Cooper,

Crawford,

Dews,

Dunnegan, /

Ellington, '

Flynn,

Fort,

Foster of Morgan,

Foster of Paulding,

Griffin,

'

Harrison of Carroll,

Higden, .

Houston,

Holcombe,

Hooks, ' "

Howe,



Hudson,

.Hutcheson,

Key,

; Lee,

. - , Lott, _

.

Maddox,

Marler,

Martin of Carroll,

Martin of Calhoufi,

Martin of Efabersham,

MoHan,

Miller,

Moore of White,

Kobertson,

Saffold,

Smith of Thomas,

Shropshire,

Shumate,

Stanford,

Trawick,

Waddell,

Whiteley,

Woodey.

There are yeas 77; nays 46. So the report, as amended, was adopted, and is as follows, to-wit:

WHEKBAS, All the civil officers of the State are only pro visional, until this State is represented in Congress; and

Whereas, the interest of Georgia requires that all the civil offices shall be filled by loyal citizens, according to che provi sions of the Constitution being framed by this Convention, at the earliest practical moment; and, for the purpose of avoiding any unnecessary delay or loss of time and useless expense to the State, it is

Ordained, That an election be held, beginning on the 20th day of April, 1868 (at such places as may be designated by the Commanding General of the District), for voting on ratifi-

CONSTITUTIONAL CONVENTION.

505

,,'<*,
cation of the Constitution, for the election of Governor, mem

bers of the General Assembly, Representatives to the Congress

of the United. -States, and all other officers to be 'elected as

provided in this Constitution; and said election to be kept

open from day to day, .at the discretion of the General Com

manding. '



And at said .elections on the ratification of the Constitution, and for Governor, members of Congress, members of the Gene ral Asseriibly, and all other civil officers, the qualification for voters shall be the same as prescribed by the Act of Congress, known as the "Sherman Bill," for voters at the election on the ratification of the Constitution, and at all elections under the provisional government.

And Major-General Meade is respectfully requested to give the necessary orders to carry into effect the foregoing provi sions, and cause due returns to be made and certificates of election to issue by the proper officers. And be it further

Ordained, That the regulations established by Congress for

voting upon the ratification of the Constitution, and for voting

at elections under the provisional government, shall apply to

the election of officers as aforesaid;' and the persons so elected

or appointed shall enter upon the duties of the several offices

to which they have been respectively elected, when authorized

so to do by Acts of Congress, or thti order of the General

Commanding, and shall continue in office till the regular suc

cession provided for after the year 1868, so that said officers

shall, each of them, hold their offices as though they were

elected on the Tuesday after the first Monday in November,

1868, or elected or appointed at the General Assembly next

thereafter, and until successors are elected and qualified; and

the rule's for conducting and making the returns thereof shall

be the same as shajl be prescribed by the Commanding General

for the election and returns on the ratification of the Constitu

tion.



But this Ordinance shall not be construed to apply to. the Justices of the Peace, who shall be elected at such time as shall be provided for by the first General Assembly, until otherwise provided by law.

506

JOTISiSfAL OF THE GEORGIA

Upon any voter being challenged, he shall take the following

oath:

.

..

"You do solemnly swear (or affirm) that yon have been duly

registered agreeably .to the Acts, of Congress; that you have

not prevented, or endeavored to. prevent or dissuade, any

person from voting at this election; that if the Constitution

upon which the vote is now being taken is ratified, you will

truly and faithfully support it. So help you, God."

Leave of absence was granted Messrs. Angler, Etochan

and Powell, on account of sickness.

Mr. McCay, from the Judiciary Committee, offered a

report relative to the gradation of laws in this State, and

the confirmation of certain acts, orders, and decrees,

passed during the late rebellion, which, without "being

read, was ordered to he' printed for the use of the Con

vention.

Mr. Miller, from the Committee on Revision, submitted

the first ten articles of the Constitution in revised form, which, on motion, were taken up and read.
Pending the reading thereof, the hour of 1 o'clock

p. m. arrived, and the President declared the Convention

adjourned until 3 o'clock p. m.

3 O'CLOCK" p. M, The Convention met pursuant to adjournment. The Secretary proceeded with the reading of the report of the Committee on Revision. The same having been finished, Mr. Blount moved to rescind the action of the Convention in adopting the fourth section of the fifth article, which relates to the creation of District Judges and Attorneys, their duties, powers, etc. The motion to rescind did not prevail.

X , CONSTITUTIONAL CONVENTION.

507

Mr. Bryant proposed to amend the twenty-seventh sec

tion of-the Declaration of Fundamental Principles.

Mr. Miller rose to a point of order.

The President decided that no amendment could be entertained, except such as were limited in their effect to the/arrangement and verbal alterations made by the Committee on- Revision.

The :report of the Committee on Revision was then adopted.

The' special order for the day was taken up, to-wit: the following report of the Committee .on Revision:

AETICLB --.
Amendment of the. Constitution,.
This Constitution may be amended by a vote of two-thirds of each branch of the General Assembly, at each of two suc cessive regular sessions; but the elective franchise. shall not be taken from any class entitled thereto under this Constitution, unless such alteration shall have been submitted to the people, and ratified at a general election.
Mr. Conley moved to amend, by striking out all of the first clause, terminating with the word "sessions," and filling the blank with the following, to-wit:

This Constitution shall only be amended by a Convention of the people, called by two:thirds of the General Assembly.
Mr. McCay proposed to amend the report, by. adding the following thereto;

But no such amendment shall be final, until it has been assented to by a vote of the people, nor shall the General Assembly call a Convention, in the selection of delegates to which any different qualification for voters shall be prescribed, than is prescribed by this Constitution.
Mr. Strickland moved the indefinite postponement of the whole subject-matter pending, but afterwards with drew the same.

508

JOURNAL OF THE GEOKGIA

Mr., Bryant offered the following substitute for the original and proposed amendments:
The Constitution may be amended by a .two-thirds vote of two successive Legislatures, and by a submission of the amend ment to the qualified voters for final ratification.
But the General Assembly shall not call a Convention of the people, in the election of delegates to which any portion quali fied to vote by this Constitution shall be.disqualified. And the representation in said Convention shall be based on population* Nor shall the right of suffrage ever be taken from any person qualified by this Constitution to vote.
The following was offered by Mr. Blodgett, as an amendment to the substitute of Mr. Bryant, and accepted by Mm, to-wit:
Provided, That the General Assembly shall not call any Convention for the purpose of amending this Constitution till after the expiration of ten years. .
Mr. HotchMss moved to lay the whole subject-matter on the table. '
The motion did not prevail Mr. "Whiteley offered the following, as a substitute for all of the pending propositions:
This Constitution may be amended by a Convention of the people of the State, called by a two-thirds vote of two suc cessive sessions of the General Assembly: Provided, The action of any Convention so called shall be submitted to the people for ratification;. and the representation in said Conven tion shall be the same as that allowed hi the most numerous branch of the General Assembly.
Th-ei .previous question was called for, and sustained. The main, question was put, to-wit: the prcjposed sub stitute of Mr. Whiteley. The same was not adopted. The question next submitted being thesubstitute offered by Mr: Bryant, the yeas and nays were demanded on its adoption.

CONSTITUTIONAL CONVENTION.

509

Mr. WTnteley called for a division of the-subject.

Mr. Errant rose to a question of order, assuming that a division of the" subject could not be allowed after the previous .question.had been sustained and the yeas and nays demanded.

The President overruled the point of order.

Mr. Bryarit appealed from the decision of the Chair, which 'appeal he withdrew. *
The e.all for the yeas and nays was withdrawn as to that part of the substitute which precedes the following :

And the representation in said Convention shall be based upon population.

Said preceding portion was unanimously adopted.

The yeas and nays were then recorded on the sentence as quoted in the foregoing paragraph.

Those who voted in the affirmative, are Messrs.

AdMns, Alexander,' Ashbufn, Bentley, Beaird, Bell of Oglethorpe, Blodgett, Bryant, Campbell, Catching, Gasey,
Clift, Chatters, Chambers, Cobb of Houston, Crayton, Davis,
Daley, Dinkins, Dunning, Dunnegan, Edwards, Gove, Golden,

Quilford,. -

Harrison of Hancocfe,

-

Higbee,

Hopkins,

Jackson,-

Joiner,

Jones,

Jordan,

Linder,

. Lumpkin,

Madden,

Maull,

Minor,

Moore of Columbia,

Murphy,

'Noble,

Palmer,.

Pope,

Prince,

Reynolds,

Eice,

Sikes,

Seeley,

Sherman,

510

JOURNAVOF THE GEORGIA

Stewart, Supple, Stone, ; Strickland,
Turner, Wallace,

Welch, Wil'bfcr,
Whltaker, Whitehead of Burke, Whitehead of Butts,
Williams.

Those who voted in the negative, are Messrs.

Anderson, Bedford, Bowden of Campbell, Bowers, Bigby, Brown, Bracewell, Bryson, Carson, Cameron, Cooper, Conley, Crawford, Dews, Ellington, Plynn,
Fort,
Foster of Morgan, Foster of Paulding, Gilbert, Griffin, ' . . Harris of Newton, Harrison of Carrbll, Higden, Hotchkiss, Houston, Holcombe, Hooks, Hudson,

Hutcheson,

Knox,

Lee,

"

Lott,

Maddpx,

Mathews,

Martin of Galhoun,

Martin of Carroll,

Martin of Habersham,

McHan,

McCay,

Miller,

MeWhorter,

Moore of White,

Potts,

Saffold,

Shields,

Smith of Coweta,

Smith of Thomas,

Shropshire,

Shumate,

Stanford,

Trammell,

Trawick.

Waddell,

Whiteley,

Woodey.

There are yeas 60; nays 57. So the same was adopted. Pending action on the succeeding portion of said sub stitute, the hour-, of-6 o'clock p. m. arrived, and the President declared the Convention adjourned until 9J

o'clock a. m., to-morrow.

CONSTITUTIONAL CONVENTION.

511

'

S

.

Atlanta, Ga., Tuesday, March 10, 1868.

The ConYention met pursuant to adjournment.

Prayer by the Chaplain. The Journal was read. On motion of Mr. Hotchkiss, so much of the Journal

of yesterday was reconsidered as -relates to the adoption of the report of the Committee on Miscellaneous Matter,

relative to the election of civil officers.

The1 same was amended, by striking out the words "or

dissuade," on motion of Mr. "Whiteley, adopted as amended, and referred to- the Committee on Revision.

Mr. Shropshire moved to reconsider so much of the

Journal as relates to the action of the Convention, pn

yesterday, in regard to the provision for the amendment

of the Constitution.



Mr. Conley rose to appoint of order, assuming that, as the provision referred to was not finally disposed of, and

as the Convention was proceeding under the previous question, no motion to reconsider could be entertained, until the main question was. .exhausted.

The point of order was overruled by the President, and then submitted to the Convention.

Before any expression on the part of the latter, Mr.

Shropshire withdrew his motion, declaring his intention to renew the same, after the final action on said proposi

tion.

The said matter b.eing the unfinished business of yes

terday, was resumed.

Permission was granted Mr. Blodgett to withdraw his amendment to the substitute of Mr. Bryant, which was

reported on the Journal of yesterday.

The said substitute of Mr. Bryant was then adopted

without amendment.

512

JOURNAL OF THE,GEOBGIA

The report of the Committee, as amended, was adopted, and is the substitute of Mr. Bryarit, as it appears on yes terday's Journal. ,
The same was, on motion, referred to the Committee on Revision.
The Rule was suspended, on motion of Mr. Martin, of Habersham, when he offered the following Resolution, which was taken up, read and agreed to:

JResolvecl, That the Secretary be instructed to communicate to Major-General Meade the action of the Convention, on yes terday, in rescinding the Resolution passed on Friday, requiring the redemption of scrip or warrants by the .Tax Collectors in the several Counties of this State.

Mr. Martin, of Habersham, also offered- the following

Resolutions:

^

.,

WHEKEAS, It is ascertained that there will be on hand, to morrow morning, fifteen thousand dollars for the use of the Convention. Be it, therefore,
JResolved, That the Disbursing Agent pay to the President, Secretary and Journalizing Clerk one hundred dollars each, and to each of the members of this Convention ninety dollars, and the balance of said fund be paid pro rata to the other officers of this Convention.
Hesolved, further, That the balance of all the expenses of this Convention, to-wit: the pay of members and officers, together with all contingent expenses, be settled up in scrip or warrants by the Disbursing Agent and Auditing Committee.

The same was amended, by striking out "ninety" and inserting "seventy-five."
Also, on motion' of Mr. Whiteley, by 'providing that the Assistant Secretary shall be paid one hundred dollars.
The same, as amended, was adopted. Mr. "Welch' offered the following:

STATE INSTITUTIONS.
Sec. 1. It shall be the duty of the General Assembly to pro vide, by law, for the support of Institutions for the education

CONSTITUTIONAL CONVENTION.

513

of th'e Deaf and Duimb, and of the Blindj and, also, for the reception and treatment of the Insane.

Sec. 2.: Th.e General Assembly shall have power to provide ' Homes of Refuge, for the correction and reformation of juve nile offenders; and, also,, to provide farms, as a home or asylum for such, persons as, by reason of old age, loss of limbs,,or other extreme misfortune, may have a just and proper claim, upon the aid of society.

The same was, on motion, taken up by sections.

Mr. Stanford moved to amend, by adding, "widows and orphans of deceased soldiefs."

The same was not received.

Mr. Whiteley moved to refer the same to the Commit

tee on Miscellaneous Matter.

' '

The motion did not prevail.

Mr. Higbee proposed to amend, by substituting "of" for "for," where it occurs in the fourth line.

Accepted by Mr. "Welch. Mr. Higbee moved"further to amend-, by adding :

It shall also be the duty 'of the General Assembly to make adequate provisions for the maintenance of the poor of this State.
The same was lost.
Mr. Bryarit moved to amend, by, adding thereto, the following:

Sec. --. All persons, except members of the General Assem bly, shall hold their offices until their successors are elected and qualified.
When the duration of any office is not provided for by this Constitution, it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment; but the General Assembly shall not create any office, the tenure of which shall be longer than four years.

514

JOTJKNAL OF THE GBOEGIA

Mr. McCay proposed- to amend the amendment of Mr.

Bryant, by adding the following, which was 'accepted by

Mr. Bryant:



When no provision is made in this Constitution for filling any office, it shall be filled by appointment by the Governor, with the advice and 'consent of the Senate, unless otherwise provided by law.

The previous question was called, and sustained.

The amendment of Mr. Bryant, as amended, on motion of Mr. McCay, was received..
The report, as amended, was adopted, and referred to the Committee on Revision, as a part of .the Constitution.
Mr. Higbee, from the Committee on Enrollment, sub mitted the following report, to-wit:

Mr. President:

:

The Committee on Enrollment beg .leave to report that the following Resolutions have been regularly enrolled, and are now ready for the signature of the President and attestation of the Secretary, to-wit:

A Resolution to print two hundred copies of the Constitu tion.

A Resolution tendering thanks to the Mayor and City Coun cil of Atlanta.

A Preamble and Resolution asking a loan of one hundred

thousand-dollars from the United States Treasury, for the South

Georgia and Florida Railroad.

'

A Resolution of thanks to Major-General Meade.

.A Resolution requesting the Union Republican Committee,

at Washington, to publish and circulate 20,000 copies of the

Constitution.

,

A Resolution to .authorize the 'Committee on Revision to

employ a clerk; also, .



An Ordinance to establish Congressional Districts.

W. A. FORT, Chairman of the Committe on Enrollment.

CONSTITUTIONAL CONVENTION.

515

Mr. President:

\

The Committee on Enrollment beg leave to report the fol

lowing Resolution as regularly enrolled, and now ready for the

signature of the President and attestation of the Secretary,

to-wit:

A Resolution to'distribute certain funds now on hand to the officers and members, of the Convention, and to provide for the settlement of the balance of such claims.,

' W. A. FORT,

Chairman of the Committee on Enrollment. 'i

Mr..President:

.

The Committee on Enrollment beg leave to report that the

following Resolution has been regularly enrolled, and is no.w

ready for the signature of the President and the attestation of

the Secretary, to-wit:

A Resolution requiring the Secretary to communicate to General Meade the action of "the Convention, rescinding a Resolution requiring Tax Collectors to take scrip or warrants.
W. A. FORT, Chairman of the Committee on Enrollment.

Mr. Bryant offered the following report from the Com mittee on Corporations, to-wit :

AST OEDINANCE TO PROVIDE FOB CERTAIN ELECTIONS.
The People of the State of Georgia, in Convention met, do ordain, That the election for Mayor," Aldermen, Coancilmen, and all other officers elected by the people, in_all the cities and incorporated tow-ns in this State, where the official term has expired, and the vacancies have not,be,en filled by appoint ment of the military authorities, shall commence on the 20th day of April, in the present year.
And the Major-General Commanding the Third Military District is respectfully requested to give the necessary orders to carry into effect the foregoing provisions, and cause due returns to be made and certificates of election to issue by the proper officers. And be it further
Ordained, That the regulations established by Congress for voting upon the ratification of the Constitution, and for voting

516

JOURNAL OP THE GEORGIA

at elections under the provisional government, shall apply to elections for officers as aforesaid; and the persons so elected shall continue in office till the regular succession provided for after the year 1868, and until successors are elected and quali fied.
Upon any voter being challenged, he shall take the following oath:
"Yoti do solemnly swear (or affirm) that you have been duly registered agreeably to the Acts of Congress; that you have not prevented, or endeavored to prevent, any person from voting at this election. So help you God."

The foregoing was ruled out, by order of the Chair,

because in the nature of legislative matter.

Mr. Bryant moved to rescind" the .Rule excluding such

matter, in order that this proposition might be enter

tained. He afterwards withdrew the motion to rescind,

and proposed the foregoing as a part of the Constitution.

On-motion of Mr. Wiiteley, the .same was amended,

by striking-Ottt the following words: "and the vacancies

have not been filled by appointment of the military

authorities." .

,

Mr. Parrott (Mr. Conley in the Chair) offered the fol

lowing, as a substitute for the proposition of Mr. Bryant,

as amended.

When the time provided by law for election of municipal

officers in the towns and cities of the State, for the year 1868,

has passed, elections shall be held in said towns and cities on

the first Wednesday in June, 1868; and persons so elected shall

hold their places until the regular elections provided by law for

said elections, and until their successors are elected and quali

fied.

At this juncture, General Sibley and 'Staff were

received and introduced to the Convention by the Presi

dent. During the discussion of the pending question by Mr.
Ashburn, he was interrupted by Mr. Blount, by the use of language deemed offensive to the Convention.

CONSTITUTIONAL CONVENTION.

517

Mr. Bryant moved mat Mr. Blount be reprimanded.

Mr. Parrott (Mr. Conley in the Chair) moved that Mr. Blount be allowed to apologize for the use of the language complained of.

Mr. Bryant withdrew his motion, when Mr. Blount offered an apology, -which was received as sufficient by the Convention.

The yeas and nays -were required to be recorded pn the proposed substitute of Mr. Parrott.

Those who voted in the affirmative, are Messrs.

Bell of Banks,

Bowden of Campbell,

Bowden of Monroe,

Bowers,

Bigby,

Blount,

.

Brown,

Braeewell,

Bryson,

Carson, .

Cameron,

Glaiborne,

Crawford,

Dews, .

Dunning,

Dunnegan,

Flynn,

Foster of Morgan,

Gilbert, '

Goodwin,

Griffin,

Harland,

Harrison of Carroll,

fligden,

Holcombe, '

,

Hooks,

Howe,

Hudson,

Hutcheson,

Jordan,

Key,

King,'

Knox,

Lee,

Lott,

Maddox,

Marler,

Mathews,

Martin of Carroll,

Martin of Calhoun,

Martin of Habersham,

Miller,

Moore of White,

Robertson,

Saffold,

Smith of Thomas,

Shropshire,

' Stanford,

Stanley,

<

Trammell,

Waddell,

Whiteley,

Woodey.

Those who voted in the negative} are Messrs.

Adkiris, Alexander, Anderson, Ashburn, Bedford,
34

Bentley, Beaird, Baldwin, Bell of Oglethorpe, Bryant,

518

JOTJRNAV OF SHE GEORGIA

Campbell, G Etchingj Casey, Clii't, Chatters, Cobb of Houston, Costin, Crayton, Crunriey, (Dotting,
Dayis,
Daley, Dinkins, Edwards, Ellington, Fort, Gove, Golden, G-uilford, Harris of Chatham, Harris of Newton, Harrison of Hancock? Hotchkiss, Hopkins, Jackson, Joiner, Jones, Linder, iLumpkin,

Madden, Maull,
McHan,
Minor, Moore of Columbia,. Murphy, Seal, Noble, Palmer, Pope, Prince, Reynolds, JRozar, .Sikes, Shields, Seeley, Sherman, Shumate, Stewart, Stone, Strickland, Turner, Walton, Wallace, Welch, Wilbur, Whitaker, Whitehead of Burke, Williams.

There are yeas 58; nays 68. Bo the substitute was not

adopted.

The report was then adopted as amended.

Mr. Harris, of Chatham, from the Committee on Print ing, offered the following report, to-wit:

Resolved, That the Committee on Printing be authorized, and are hereby required, to procure the publication of fifty thousand copies of the Constitution, in cheap form, for the use of the delegates of this Convention; and that the Chairman of the Auditing Committee be required to issue warrants for payment of the same, and the Disbursing Officer be authorized, and is hereby required,, to pay the same.

Also, the following:
Resolved, That the Committee on Printing be, and are hereby, authorized and required to procure the publication of

CONSTITUTIONAL CONVENTION".

519

the Constitution -in the Tollowing newspapers of the $tate : Augusta Republican and Constitutionalist, Savannah Herald and 8' tandardflA&con Tele'graph, Columbus Enquirer, Atlanta New Era, and Opinion, Griffin American Union, one time each week until the election to ratify the Constitution be held: Provided, -The-expense shall not exceed $300 for each paper; and that the Chairman of the Auditing Committee be required to issue --warrants for payment of same, and the Disbursing Officer authorized and required to pay the same.

Also, the following:

Resolved, That the Committee on Printing be, and are

hereby, authorized to procure the publication of one thousand

copies of the Proceedings and Debates of this Convention, in

book form; and that the Legislature is required to provide for

payment of same.

.

.

Mr. Harris also submitted the following communication and accompanying Eesolution:

HALL OF THE GEORGIA CONSTITUTIONAL CONVENTION, ) ATLANTA, GA., March 10th, 1868. f

Col. A. L. Harris, Chairman Printing Committee,

DEAR SIK---I beg to submit the following memoranda regard ing the reports of the Debates:

The Reporters hope, with the aid f assistance, to complete the transcripts in. July--possibly the 1st, but more probably the 1.5th.
The entire official Journal of the Convention will require to be recopied, and the Debates interwoven therewith.

For all the labor of reporting and transcribing the short

hand notes, and employing our own assistants, I propose that

the sum of five thousand dollars be appropriated, and so placed

that we may draw proportional sums as we progress with the

wort. Respectfully,

EUGENE DAVIS.

Resolved, That the Chairman of the Auditing Committee be authorized and instructed to issue warrants in accordancewith the above, and that the Disbursing Officer be required to pay the same, reserving a fund for that purpose.
The foregoing report was-taken up.

520

JOURNAL OF THE GEORGIA

Mr. Whiteley moved to amend the first Resolution, by

striMng out "fifty1 thousand" and inserting "five thou

sand."

'

Mr. Parrott (Mr. Oonley in the Chair) proposed to insert

"four thousand."

. ^

Pending action on the first Resolution and amendments, the hour of 1 o'clock p. m. arrived, and the President declared the Convention adjourned until 3 o'clock p. m.

3 O'CLOCK p. M. The Convention met pursuant to adjournment. There not being a quorum present, the Convention, on motion of Mr. Whiteley^ took a recess for one hour. The period of the recess having expired, business was resumed, to-wit: the report of the Committee on Print ing, as spread upon the Journal of the morning session, the first Resolution of said report and the proposed amend ments of Mr. Whiteley and Mr. Parrott being first in order. Mr. Whiteley required a division of the question. The proposition to strike out "fifty thousand" was sub mitted, and prevailed.
The motion of Mr. Whiteley, to insert "five thousand," /vas then submitted, and also prevailed.
The first Resolution was adopted as amended. The second of said Resolutions was taken up. Mr. Murphy- moved to amend the same, by a,dding the Albany Tri- Weekly News.
Mr. Harris, of Chatham, to amend, by adding the Atlanta Intelligencer.
Mr. Wallace to amend, by striking out the Constitution alist and inserting the Loyal Georgian.

~'l r

CONSTITUTIONAL CONVENTION.

521

\
Mr. Whiteley moved the indefinite postponement of the

Resolution and amendments, which motion prevailed.

The third" Resolution of said report was then taken up.

Mr. .Parrott moved its indefinite postponement.

Mr. Dunning rose to a point of order, assuming that it was in the nature of legislative matter, and, therefore, could not, under the Rule of the Convention, be enter tained.

The, point of order was sustained by the Chair, Mr.

Saffold therein.



.

Mr. Conley appealed from the decision.

The game was sustained, and the third Resolution or the report was ruled out of order. ....

Mr. Whiteley moved a suspension of the Rule, for the introduction of the. following Resolution:

-Resolved, That the publication of .the Proceedings and Debates be referred to the next General Assembly, and that the manuscript thereof be deposited in the office of the Secre tary of State.
The Rule was suspended.

Mr. Bryant offered the following, as a .substitute:

Resolved, That the Committee on Printing be, and are hereby, authorized to procure the publication of one thousand copies of the Proceedings and Debates of this Convention, in book form.

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

Resolved, That the Printing "Committee be authorized to have published fifteen hundred copies of the Journals of this Convention, in pamphlet form, for distribution.

The previous question was called for, and sustained; and
The main question being put, the substitute of Mr. Blodgett was adopted.

522

JOURNAL OF THE GB'CVBSIA,

Mr. Conley moved a suspension of the -Rule, for the introduction of the following Resolution:

Resolved, That the Resolution, adopted by the Convention, to adjourn to-morrow at 12 o'clock m., be rescinded; and, that the Convention will adjourn on Thursday, 12th, at 1 o'clock; and that no business will be entertained on Thursday, except the reading and signing the Constitution; and dele gates shall not be entitled to per diem after the ll'th.

Upon the question of suspending the Rule, Mr. Parrott (Mr. SafFold in the Chair) demanded the yeas' and nays.
Twenty-five members voting to sustain the call for the yeas and nays, the President pro tern, decided that not one-fifth of the members present had thus voted.
Mr. Parrott required the roll to be called, in order to ascertain the number present, and to determine the ques tion as to whether the twenty-five voting to sustain his call for the yeas and nays constituted one-fifth of those present.
Several members objected to the call of ihe roll for the purpose indicated.
Mr. Trammell rose to a question of privilege, stating that any member couldj as a privilege, demand a call of the roll of members.
The Secretary was directed to make count of the mem bers, and, having performed the duty, reported one hun dred and twenty-eight present..
Twenty-five being less than one-fifth of this number, the Rule was declared suspended.
The Resolution was then taken up, and, on the question of its passage, the yeas and nays were demanded.

CONVENTION.

523

Those who voted in $ke affirmative, are Messrs,

Adkins, Akerman, Alexander,' Anderson, Aagiei-, Ashburn, Bedford, Bentley, Beaird, Baldwin, Bell of Oglethorpe, Blodgett, ' _ Bryant, 'Bullock, Campbell, Carson, Catching, Casey, Clift, Chatters, Claiborne, Chambers, Cobb of Houston, Conley, Crayton, Cotting, Daviss Daley, Dinkins, Dunning, Ellington, Fort, Gove,
Harris of Chatham, Harris of Newton, Harrison of Hancock, Higbee,

Hopkins, Jackson, Joiner,
Jones, . Linder, Lumpkin,
Madden, Maddo3c, Marler,
Maull,
McCay, Minor, Miller, Moore of Columbia, Murphy,

Noble,

'

Pope:,

Prince,

fiozar,

Robertson,

Sikes,

Seeley,

Sherman,

Smith of Coweta,

Speer,

Stewart,

Supple,

Stanley,

Stone,

Strickland,

Turner,

Walton,

Welch,

Wilbur,

Whitaker,

Whitehead of Burke,

Whiteley.

Those who voted in the negative, are Messrs.

Bowden of Monroe, .

Bowers,

Brown,

Bracewell,

,

Bryson,

.

Cameron,

Cooper,

,

Crawford, Dews, Dunnegan,
Foster of Morgan, Gilbert, Goodwin, Griffin,

524-

JWRNA-L OP THE GEORGIA

Harrison of Carroll, Higden, Hotchkiss, Howe, Hudson,
Hutcheson, Jordan, Key, King, Lee, Lott, Mathews, , Martin of X/arroll, Martin of Habersham,

McHan, Moore of White, Potts, Shields, Smith of Thomas,
Shropshire, Shumate,. Stanford, Trammell, , Trawick, Wallace, Williams, Woodey.

There are yeas 76; nays 41. There being less than two-thirds voting in. the affirmative, the Chair pronounced the Resolution lost.

Mr. Saffold yielded the Chair to the President, who affirmed the decision made by him, from which decision Mr. Conley appealed.

Fending said appeal, the hour of 6 o'clock p. m. arrived, and the President declared the Convention adjourned until 9f o'clock a. m., to-morrow..

Atlanta, Go,., Wednesday, March.l
The Convention met pursuant to adjournment. Prayer by the Chaplain.
The Journal was read. Mr. Turner moved to reconsider so much thereof as relates to the action of the Convention in striking out "fifty thousand" and inserting "five thousand" in the Resolution, reported by the Committee on Printing, and adopted, relative to the publication of the Constitution. The motion did not prevail.

If-

CONSTITUTIONAL CONVENTION.

625

On motion of Mr. Conley, so much of the Journal of yesterday was reconsidered as relates to -the action of the Convention in regard to the Resolution proposing to rescind the Eesolution fixing this day as the time of adjournment of this session.
The reconsidered Eesolution was taken up and amended to read as follows:

Resolved, Thatthe Resolution adopted by the Convention, to adjourn to-morrow .at 12 o'clock, be rescinded, and that the Convention will adjourn this day.

The same, as amended, was ;adopted.
Mr. Shropshire, from the Committee on Finance, oifered the following report, which was read, to-wit:

Mr. President:

'

~

:

The Committee on Finance have had under consideration the

subjfect of extra compensation for the Secretary, Assistant Sec

retary, and Journalizing Clerk, and, also, the compensation of

the Hon. N. L. Angier, for services as Disbursing Agent of

the Convention, and recommend the adoption of the following

Resolution:

Resolved, That the Secretary, Assistant Secretary, and Jour nalizing Clerk of this Convention, be allowed four hundred dollars (in scrip or warrants) each, as extra compensation for extra services; and that the Hon. N. L. Asgier be allowed the sum of three hundred dollars, as compensation for his services as Disbursing Agent of the Convention;-and that the Chair man of the Auditing Committee be-instructed to audit said

accounts.

On motion, the Rule was suspended, when Mr. McCay offered the following Eesolution, which was taken up. and agreed to, to-wit:
Resolved, That the Commanding General of the 'Third Military District be requested, by General Order, to require the'Courts and officers of the provisional government of the State of Georgia, until the State is fully restored' to its regular

526

JOURNAL OF THE GEORGIA

relations to the United States, and the State organization is in full operation, to enforce and carry out the provisions of this Constitution for the relief of the people, to-wit :
Section eighteen of the Declaration of Fundamental Princi ples, abolishing imprisonment for debt.
Section seventeen of article five, in relation to the jurisdic tion of the Courts.
Article seven, in relation to homesteads and exemptions.
And the Secretary of this Convention is instructed to fur nish to the Commanding General a certified copy of -the above portion of this Constitution and this Resolution.

Mr. McCay offered an Ordinance confirming and readopting certain Ordinances of the Convention of 1865, which was amended and passed as fallows, to-wit:

Be it Ordained by the People of Georgia, in Convention assembled, That the following Ordinances, adopted by the Convention of 1865, are hereby expressly, and in their terms, confirmed and readopted, to^wit:

AH" OEDI3STANCB
To repeal certain Ordinances and Resolutions therein men tioned, heretofore passed by the people of the State of Georgia in Convention:
We, the People of the State of Georgia, in Convention, at our Seat of Government, do declare and, ordain, That an Ordinance, adopted by the same people, in Convention, on the nineteenth day of January, A. D. eighteen hundred and. sixtyone, entitled, "An Ordinance to Dissolve the Union between the State of Georgia and other States united with her under a compact of government entitled 'the Constitution of the United States;'" also, an Ordinance adopted by the same, on the six teenth day'of March, in the year last aforesaid, entitled "An Ordinance to adopt and ratify the Constitution of the Con federate States of America;" and also, all Ordinances and Resolutions of the same, adopted between the sixteenth day oi January and the twenty-fourth day of March, in the year afore said, subversive of, or antagonistic to, the civil and military

CONSTITUTIONAL CONVENTION.

527

authority,of the Government of the United States of America, under the. Constitution thereof, be, and the same are hereby, repealed. '
AN OKDIKANCB
To declare null and void all laws of the State of Georgia, by which money has been raised for the purpose of carrying on and sustaining the late war against the United States, and all notes, bills, bonds and contracts founded on the same.
JBe it Ordained by the People of Georgia, in Convention assembled, That all laws which have been heretofore passed, for 'the purpose of raising money to sustain and carry on the late war against the United States, are null and void; and that no Legislature hereafter to be assembled shall levy any tax, OT" make any appropriation, directly or indirectly, to pay any note, bill, bond, or contract, founded on the same.
But this special adoption of the Ordinances herein quoted shall not be construed to disaffirm any other, of a purely legis lative character, passed by said Convention; but such Acts shall have force as laws, in accordance with the provisions of the several confirming Acts adopted by this Convention and this Constitution.

Mr. Conley, from the Special Committee appointed to report the names of persons for Congressional clemency, made the following report, to-wit:
Mr. President: The Committee of one from each Congressional District, to
whom was referred the names of persons to be recommended to the Congress of the United States to be relieved from y>oliti cal disabilities, submit the following Resolution, and ask its adoption by the Convention:
Resolved, That the Constitutional Convention of Georgia respectfully ask the Congress of the United States to relieve the following named persons of their political disabilities.
B. CONLEY, Chairman.
Mr. Ashburn, from said Committee, presented the fol lowing as a minority report, to-wit:
WHEBEAS, The strength of a Republican Government is

528

JOUBBTAL OF THE GEORGIA

best promoted, and its principles maintained, by the broadest platform of enfranchisement; and

Whereas, portions of Georgia's citizens are under political disabilities, which debar them from exercising the highest privilege of American citizenship--'that of the elective fran chise. Be it, therefore,
Resolved, That this Convention do request the Congress of the United States to enact or pass such laws .as will remove the political disabilities from all the citizens of Georgia. And be it farther "
Resolved, That a copy of this Preamble and Resolution be forwarded to the President of the Senate and Speaker of the House of Representatives.

The majority and minority reports were, on motion,

taken up.

.



Mr. Parrott moved to amend the, majority report, by

appending the minority -report thereto.

The previous question was called for, and sustained.

Mr. Ashburn claimed, as the mover of the minority report, the privilege of closing the debate, under the pre^ vious question.

Objection being made to this by several members, the President pro tern, "submitted the question to the Conven tion, by whom Mr. Ashburn was permitted to proceed with his speech.

The main question was then put^..and, upon this, the yeas and nays were required to be recorded.

Those who voted in the affirmative, are Messrs.

Alexander,

Anderson,

Ashburn,

Bell of. Banks,

Bowden of Campbell,

Bowden of Menroe,

Bowers,

Blodgett, '

Bigby,

,

Blount,

Brown, Bracewell, . Bryson, Burnett, Campbell, Carson, Cameron, Catching,
.ftasey, Caldwell,

CONSTITUTIONAL CONVENTION.

529

Chatters, . .

Claiborne,

Chambers,

Cooper'/

CCoobstbino,f..'M- adison,

Cole, ."

ConMy,

Hooks,

Ho we,

Hudson,

Hutcheson,

Jainerr -

.

Jordan,

Key,

King,



Knox,

Lee,

Crawford,

Crumley,

Davis, ' Dews,

Dinkins,

Dunning,

Dunnegan,

Ellington,

Flynn?

Foster of Morgan,

Foster of Paulding,

Gilbert,

Goodwin,

Griffin,

Harland,

Harris of Newtpn,

Harrison of Carroll,

Higbee,

Higden,

Hotchkiss,

Houston,

Holcombe,

Hopkias,

Linder, Lott, Lumpkin, Madden, Maddox, MauU, Mathews. Martin of Carroll, Martin of Calhoan, Martin of Habershani, . McHan, McCay, Minor, Miller,
Moore of White, 'Moore of Columbia, Palmer, Rozar,
Robertson, gaffold, Shields, Smith of Coweta, Smith of'Thomas, Speer, Shropshire,
Shumate, Stewart, Stanford, Supple, Stanley, Trammell,
Trawick, Walton, Wallace,. Waddell, Welch, Wilbur,
Whitehead of Butts, Whiteley, Williams, .Woodey.

Those wlio voted in the negative, are-Messrs.

Bedford, Bentley, Baldwin,
Bell of Oglethbrpe, Biyant, Clift,

- Gobb of Houston, Crayton,
Cotting,
Daley, Harris of Chatham, Harrison of Hancock,

530

JOUSKAL OF THE GEORGIA

Jackson,

Murphy,

Neal,

Noble,

Pope,

Prince,

Reynolds,



Rice, Seel'ey, Sherman, Stone, Strickland, Whitaker, Whitehead of Burke,

There are yeas 102.; nays 26. So the amendment was received.
The report, as amended, was then adopted.

Mr. Murphy stated,' as an explanation of his vote, that while willing to vote for the removal of disabilities from every person who might ask it, he would vote for those who did not asfc it,xand who, probably, did not desire it.

Mr. Oonley moved a suspension of the Rule, for the purpose of offering 'the following :

Resolved, That Hon. Foster Blodgett, Josiah R, Parrott and George W. Wilbur be appointed a Committee of this Conven tion, to visit Washington for the purpose of presenting the names specially recommended for relief of disabilities to each House of Congress, and to use their influence to have action taken as early as possible.

The motion to suspend the Rule did not prevail. Mr. Hopkins offered the following, to-wit:

AN OBDINANCE
To repudiate the war:.debt of the State of Georgia, and to declare certain other contracts illegal, and certain evidences of debt void, and to change the rules of evidence in such cases, and for other purposes.
On motion of Mr. Whiteley, the same was ruled out of order, because in the nature of legislative matter.
From the .decision.of the Chair, ruling the same out of order, Mr. Hopkins took an appeal, demanding the yeas and nays.
Not one-fifth of the members voted to sustain the call.
The decision of the Chair was sustained.

CONSTITUTIONAL CONVENTION.

531

On motion of Mr. Bryant, article eleven--the laws of general operation in force iti this State--was taken up, amended and adopted.
The same was referred to the Committee on Eevision, revised, reported back to the Convention, and is placed at its proper place in the Constitution, appearing in the Journal of .this day.
Article twelve--amendments to the Constitution--was reported back by the- Committee on Revision, and will also be found as reported afrits proper place in the Con stitution herein contained.
Mr. Blodgett moved a suspension -of the. Rule, for .the purpose of introducing an. Ordinan.ce to change the nme of Bartow County to Cass, and fox.other; purposes therein mentioned.
The motion to suspend the Rule did not prevail.
Mr. "Whiteley offered the following. Resolution, which was taken up and agreed to, to-wit:
Resolved, That Hon. J. R. Parrott, H. V..M. Miller and N". L. Angler be, and they are hereby, appointed a Committee to complete the unfinished business of the Convention, with leave to sit for three days after the adjournment for said purpose.
The report of the Finance Committee being next in regular order, was taken up.
Pending action thereon, on motion of Mr. -"Whiteley, the Convention adjourned until 3 o'clock p. m.

8 O'CLOCK p. M.

The Convention mt pursuant to adjournment, and

resumed the consideration of the report of the Finance

Committee.

,

..... . ,

Mr. Campbell moved to amend the same, by providing

for the payment of four hundred dollars to th'e Reverend

Wesley Prettyman, Chaplain of the Convention.

532

JOURNAL OF THE GEOKGIA

Mr. Beaird proposed to amend, by providing that the Chaplain receive the same compensation as allowed a delegate.
The last amendment being first submitted, was received. Mr. Whitehead, of Butts, offered to amend as follows:

Resolved., That the Reporter of the Intelligencer be allowed the amount of four hundred dollars, to be paid in scrip, for his faithful, reports of this Convention. r

Mr. Bryant moved to amend the amendment, by adding the Reporter of the New York Herald,

The proposed amendment of Mr. Bryant was lost, also, the amendment of Mr. Whitehead.

Mr. Waddell moved to amend the report, by paying to the Secretary $600, and to the Assistant Secretary and Journalizing Clerk, each, $500.

This proposition was withdrawn by the mover.

Upon the question of adopting the report, as amended, the yeas and nays were recorded.

Those who voted in the affirmative, are Messrs.

Alexander,

Anderson,

Ashburn,

Bedford, .

Beaird,

Baldwin,

Bryant,:

Brown,

'

Campbell,

Catching,

Casey,

Clift,

Chatters,

Chambers,

Cooper,

Cobb of Houston,

Cobb of Madison,

Costin, .

' Conleyj

Crayton,

CrumLey, Davis,
Daley, Dinkins, Gove, Golden, Guilford,
Harrispn of Hancock, "' Hopkins,
Jackson, Joiner, Jones, Linder, Lumpkin, Madden, Maddox^ Maull,
McCay, Moore of Columbia, Murphy, '

CONSTITUTIONAL CONVENTION.

533

Uoble,

.

Palmer j

Pope, ;' '

Prince,1' . .

Reynolds, -

Sikes,

'

Seeley,



Sherman,

'

Smith of Coweta,

Speer,

Shropshire,

Shumate,

Stew.art,

....

.Supple,

Stone,

Strickland,

Turner,

Walton,

Wallace, '

Welch, '

'

Wilbur,

Whitaker,

Whiteh.ead of Burke,

Whitehead of Butts,

Williams.

Those wlio voted in the negative, are Messrs.

Bell of Banks,

Bowden of Campbell,

Bowden of Monroej,

Bowers,

,. . ,

Bigby,

,...

Blount,

'

Braoewell,

.

Bryson,

-

Carson,

,

Cameron,

CaldweU,

Claiborne,

Crawford,

'

, Cotting,

Dews,

,,

Dunning,

Dunnegan,

Edwards,

Ellington,

,

Foster of Morgan,

Foster of Paulding,

Griffin,

.

Harris of Newton,

Harrison of Carrol],

Higden,-

Hotchkiss,

'

Hooks,

,

Howe,

Hudson,

Huteheson,

Jordan,

Key,

.. .

King, .



Knox,

Lott,

Martin of Carroll,

Martin of Calhonn,

Martin of Habersham,

McHan, , .

Minor,

Miller, .

Moore of White,

Rozar,

Eobertson,

Saffold,

Shields,.

Smith of Thomas,

Stanford,

Stanley,

Trammell,

Trawick,

Waddell,

Whiteley,

Woodey.

There are yeas 65; frays 54. So the report, as'

was adopted.

,

.

The President announced the Constitution .complete,
and ready for the final a'ction of the Convention. 35

534

JOURNAL. OF-THE -GEORGIA ;

On the question of its adoption, Mr. Waddellsdetaianded

that the yeas and nays lie recorded.

"'.. ' ,-

Those who voted in the affirmative, are Messrs: '.[

Ad kins, '.. ., , ,;

Alexander, .

Anderson, . >

Ashburn, v ' <

Bedforu,

Bentley,

Beaird,.

Baldwin,

Bell of Oglethorpe,

Bo.wden of .Gampfoellj

Bowers,

Blodgett,

Blount,

Bryant, '

Brown,

Braceweil,

Bi-yson,

Bullock,

Campbell,

Carson, -

;

Catching,'

Casey, '

Caldwell, ' '' '

Clift,

Christian of Newton,

Chatters,

Claiborne,

Chambers,

Cooper,

Cobb of Houston,

Costin,'

Conley,

Crayton,

Crumley,

Getting,

Davis,

Daley,

Dinkins,

Dunning,

Dunnegan,

Edwards,

Ellington,

' flynn,

Gilbert,

Goodwin,

Gove, .

Golden,

Griffin, . ,'

Guilford,

Harris of

Harrison of Carroll,

Harrison of Hancock,

Higbee,

Higden, . >'

Hotohkjss,

Hopkins,

Hooks,

Hnfrcheson, :

Jackson, : '

Joiner,

. '''

Jones,

Jordan,

Key,

Knox,

Lee,

Linder,

Lott,

' '

Lumpkin,

Madden,

Maddox,

Marler, ;

Maull, '

Mathews, ' ' '

McHan,,

MdCay,

Minor, '

' ''

Miller,

Moore of White,

Moore of Columbia,

Murphy,

Neal,

Noble,

Palmer^

Parrott,

Pope,

JPotts,

^Prince,

Reynolds, " .

CONSTITUTIONAL CONVENTION.

535

Rice,

;

Eo'zar.,

x

,

Robertson,

Saffold,

Sikes, '

Shields,

' S,eeley, '.''' '

'Sherman,

Smith of Cbweta,

- Smith of-Thomas,

.

Speer, ,

'

Shropshire^

Shumate,

"', Stewart,

.

Supple,

Stanley, Stone,
Strickland, Trawick, Turner, Walton, Wallace, Welch, Wilbur,
Whitaker, .Whitehead.of Burke, Whitehead of Butts,
Whiteley, Williams,,.
Woodey.

Those who voted in the negative, are Messrs.

Bell of Banks,

Bigby,

Bufnett, "



Cameron,

.

Dews,

'Foster of Morgan,

Foster of Paulding, r

Holcombe, .
King, Martin'of Carroll,
Stanford, Tranimell, 'Waddell.
.

Those absent, and not voting, are Messrs.'

Akerman, ,. Angier,
Barton, Bowden of Monroe, Buchan, Christian of Early, Cobb of Madison,
Cole, Crane,
Crawford, Cutler, . Fort, Gibson, Glisson,
Glover, Hall, Harland., '

Harris of Chatham, Houston, Howe, Hudson, Knight, Lane, 'Martin of Calhoun, Martin of Habersham, McWhorter, ~ ' M'oore of Pierce,
Powell, Roberts, Saulter, Smith of Charlton,
Sneed, Wooten, Yeates.

Mr. Saffold informed the Convention that he had been requested by Mr. Akerman, who was. absent by leave on pressing and important business, to state that, if he were

536

JOUBNAL OE THE GEORGIA

present, he should vote against the adoption of the , Con stitution, because of its provision on the subject of relief, and the retroactive operation of the article on the subject of homestead and exemptions.

Bfe moved that the vote of Mr. Akerman be. recorded

in the negative. -

'

The President put tlie question to the Convention, and there not being a unanimous vote in its favor, the, same was not recorded. :

Mr. Griffin (voting in the affirmative) stated that, while in the main he approved the Constitution, it contained some provisions which he did not approve.

Mr. Marler made a similar declaration:

Mr. Maddox said he voted for the Constitution, but could not sanction all of its appendages.

Mr. Bell, of Banks, stated that, while.the .Constitution

contained much that met his approval, -he voted against

it, because of its objectionable features. 1

-.

The President asked, permission to record his' vote in the affirmative, which permission was unanimously granted.

On motion, the Rule was suspended, when Mr. McCay offered the following Ordinance, which was taken u'p. and adopted, to,-wit :

AN ORDINANCE

To provide for reassembling this Convention, if. necessary.

Be it Ordained, That; should it be necessary for this Con

vention, after its adj ouTunient, to reassemble, to complete the

reconstruction of the State, it shall do so at the call of the

President of the same; and in default of the President, then,

of the President jwo tempore, Hon. James L. Dunning; and in

default of both, then by the General Commanding the Third

Military District.

.

'

And should no such call be made in twelve months from this

date, then this Convention shall stand adjourned sine die.

CONSTITUTIONAL CONVENTION.

537

Mr.. Blodgett offered the following Resolution, which, was taken up and agreed to, to-wit :
Resolved, 'That the late Hon. C. C. Richardson be allowed his per diem for the whole session of this Convention.

Mr. Higbee, from the Committee on Enrollment, made the following report:.

Mi". President:

, The Committee on Enrollment beg leave to report the fol

lowing Resolutions as regularly enrolled, and are now ready for the signature of the President and attestation of. the Sec

retary, to-wit: "

.

A Eesolution to print five thousand copies of the Constitu tion; also,

A Resolution requesting General Meade to'enforce certain provisions of the.Constitution, which provide for the relief of

the people.



W. A. FORT,

Chairman of the Committee on Enrollment.

On motion of Mr. Whiteley, the Rule was suspended., when he offered the following Resolution, to-wit:

Resolved, That the Honorables Foster Blodgett and J. R. Parrott be, and they are hereby, constituted a Committee to visit Washington, and present the list of names recommended for relief from disabilities, as well as to commend to the favora ble consideration of. Congress our measures of relief, and that the sum. of $300 each, -fee appropriated to defray their expenses.
i
Upon the question of its adoption, the yeas and nays
were required to be.recorded.

Those who voted in the affirmative, are Messrs. <

Adkins,

Bullock, '

Alexander,

Campbell,

Bedford,

Cameron,

Bentley,

Catching^

Baldwin,

>

Casey,

- Bowden of Campbell,

Clift,

Blodgett, -

Chatters,

Bryant,

-.GhamberSj

538

JOURNAL OF THE 8EORGIA

Cobb of Houston,

Costin,

Contey,

Crayton,

Crumley, ,

Dotting,

Davis, ,

.,

Dinkins,

Edwards,

Gibson,

Gove,

Golden, ' .

'

. Griffin,

Harris of Newton,

Higbee,

Hotchkiss,

Houston,

.

Hopkins,

Jackson,

Joiner, .

Jones,

King,

,

Linder,

Lampkin,

Madden,

.

Maull,

'

McCay,



Moore of Columbia,

Murphy,

Noble,

Palmer,

Pope,

Potts,

Prince,

Reynolds,

Rice,

Rozar,

Sikes,

Seeley,

Sherrnan,

' -"

- Smith of Coweta, . ;

Speer,

Shumate,

Stewart,

'

Stanley,

Stone,

Strickland,

Trammell,

Walton,

Wallace,

Welch,.

Whitakef,

Whit.eh-ead of Burke,

Whitehead of Butts,

' Whiteley,

Williams.

Those who voted in the negative, are Messrs.

' Ashburn,

.

Bell of Ogl'e'th6rpe,

Bell of Banks, Bowers, . . -

Sigby,

Blount,



Bryson,

Burnett,

Casey,

Claib'orae,

Crawford,

Dews,

'

Dunning,

Dunnegar;, .

Ellington, .

Flynn,

Foster of .Morgan,

Foster of Paulding,

' -
,
,

Gilbert, Goodwin,
Harland, Harrison of Oarrojl, Harrison of Hancock,
Higden, Holcombe, Hutcheson,
Jordan,
Key, Lee,
Lott, Maddox, Mathews, Martin of Can-oil,Mar-tin of llabersham,
McHan, Miller,

CONSTITUTIONAL CONVENTION.

539

Moore of White, ISFeal, Robertson, , Saffold, ' . .'Shields, Smith of Thomas,

Shropshire, Stanford, i ' '. . Traywick, Waddell, "Woodey.

There are yeas 72 ;'. nays 4*7.' So the same was agreed

to. ;" '- - :' '

- ; '"

The following Resolutions' were- offered,' affd ttnanimo'asly adopted,-to-wit: ~ ' >

- By Mr. Edwards :

Resolved, That the thanks of this Convention are hereby tendered to the President, for the able and impartial manner in which he has discharged the .arduous and difficult, duties of his office.

By Mr, Dunning:

Resolved, That the unanimous thanks-of this body are hereby tendered to Hon. P. M. Sheibley, Secretary, and A, E. Mar shall, Assistant Secretary of this Convention, for efficient se,rvicesj and their uniform courtesy, not only to the Convention as such, but to the'individual members, composing it.

B.y Mr. Speer: -



Resolved, That the thanks of this Convention are due^.and are hereby tendered, Jackson T. Taylor, the- able Journalizing Clerk of this Convention,, for the very efficient manner in which he has discharged the laborious duties of his station.

On motion of Mr. Baffold, the Convention adjourned.

540

JOURNAL Ot THE GEORGIA

PREAMBLE TO THE CONSTITUTION
We, the people of Georgia, in order to form a permanent Government, establish justice, insure .domestic tranquility,. and secure the, blessings of liberty to ourselves and our posterity, acknowledging -and invoking the guidance of Almighty .God, the author of aH goo<3 government, do ordain and establish this Constitution for the State of Georgia.

Constitution of th6 State of Georgia,

ABTICLE I.

Dectoratwn Of Fundamental Prfyciples.

SEC. I. Protection to person and. property is the paramount duty of Government, and shall be impartial and complete.

SBC. II. All persons born, or naturalized, ia the .United States, and

resident in this State, are hereby declared citizens of this State, and no-

laws shall be made or enforced which shall abridge the privileges or

immunities of citizens of the United States, or of this State, or deny to any

person within its jurisdiction the equal protection of its laws. And it

shall be the jluty of. the<5rep?ral Assembly, by appropriate legislationy to

protect every person, in the due enjoyment of 'the rights,, privileges: and

immunities guaranteed in this Section.

. . .,,.>.

SEC. III. No person shall be deprived of life, libejty or property, ejccept

by dae jffoeess of, law.

' ' " "

' N' s '

SEC. IV. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal convic tion thereof.

SBC. V. The right of the people to appeal to the Courts, to petition Government on aU matters, and peaceably to assemble for the consider ation of any matter, shall never be impaired.

SEC. VI. Perfect freedom of religious sentiment shall be and the same is hereby secured, and no inhabitant of this State shall ever be molested in person or property, or prohibited from holding any public office or trust on account of his religious opinion ; but the liberty of conscience, hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the people.

CONSTITUTIONAL CONVENTION.

541

SEC. VIIj. Every person charged with an offence against the laws, shall have the privilege, and benefit of counsel; shall be; furnished, on demand, with a copy of he accusation and a.list of the witnesses on whose testi mony the.charge against him is founded; shall have compulsory process to obtain the attendance of his own witnesses ; shall be confronted with the witnesses testifying against him, and shall have a public and speedy trial by an impartial jury.

SEC. VIII. No person shall be put in jeopardy of life or .liberty more than once for the same offence, save-on his of her'own motion for a new trial, after conviction, or incase of mistrial.

SBC, IX. Freedom of speech and freedom of tie press are inherent ele

ments of political liberty; but while every citizen may freely speak, or

write, or print on any subject, he shall be responsible for the abuse of the

liberty.

..

>

; .. .

Ss'c. X. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures,, shall pot be violated ; and no warrant shall issue but upon probable ciuse, sup ported by oath, or affirmation, particularly describing the place, or places, to be searched, and the person, or things, to be seized.

SEC. XL The social -status of the citizen shall never be the" subject of

legislation^

'

*/

SBC. XII. Ho person sh'all be molested for his opinions, .or be subject to

any civil or political incapacity, or acquire any civil or politicial advantage

in consequence of such opinions. ,, ,

''

SBC. XIII. The writ-of habeas em-pus shall not be suspended, unless, in ease of rebellion or invasion, the public safety*may requirelt.

SEC. XIV. A well regulated Militia being necessary to the security of a

free people, the right of the people to'keep and bear a'rms^shall not'be in

fringed ; but the General Assembly shall have power, to prescribe by law

the manner in which arms may be borne. .

,

SBC. XV. .The punishment of all frauds shall be provided by law.

SEC. XVI. Excessive bail shall not be required,' nor excessive fines im posed, nor cruel arid unusual purashmen-ts. inflicted, nor shall any person be abused in being arrested, whilst.under,aErest, or im prison.

SEC. XVII. The-power of the Courts to punish for contempt shall be limited by legislative acts.

SEC. XVIII. There shall ,be no. imprisonment .for debt. '.

SEC. XIX. -In all prosecutions oMndictfflents for libel, the truth maybe

given in evidence, and the jury shall have the right to determine "the law

and the facts.

....-.-

S:EC. .XX.. Private ways-may be granted upon just eoarpensatfon 'being

paid by the applicant.

"

'SBC.-XXI. Aft-peualties 'stiall tie proportioned to the naiu're of the

offence.

\

542

... JomUSTAL OE THE GEORGIA.

SBC. XXII. Whipping,; as a .punishment for crime, .is prohibited. '

i SEC. XXIII. No Lottery .shall be authorized, or sale of 'Lottery tickets allowed hrthis State, and adeqiiate penalties for such sale shall be pro vided by law.
SEC." XXIV. No.conviction shall work corruption of blood, and. no conviction of treason shall work a general forfeiture of-estate longer than during the life of the person attainted.

SBC. XXV. Treason, against, the State of Georgia shall consist only;in levying war against the State, or the United States, or adhering. to "the enemies thereof, giving them aid and comfort; and no person shall be convicted Of treason except on the testimony of two witnesses to, the same overt act, or his" own confession in open Court

SEC. XXVI. Laws shall have a general operation, and no general law,

affecting private rights, shall be varied, in .any particular case, by special

legislation, except with the free qonsent, in writing, of all persons to be

affected thereby; and no person under legal disability to contract.iscapable

of such free consent.

.

- . , '

'

SEC. XXVII. The .power of taxation over the whole State shall be exercised by the. General, Assembly only to raise revenae for tfie support of Government, to pay the public debt, to provide a general school fund, for common defence, and for public improvement; and taxationpn proper ty'shall be ad valorem t)hly, and uniform on all species of property taxed.

SBC. XXVIII. The General Assembly maty grant the.power. of taxation

to County,authorities and Municipal corporations, to be- exercised within

their several territorial limits. ,.,-.,.

- -.





SEC. XXIX. No poll, tax shall be levj-ed except fix educational purposes, and such tax shall not exceed One Dollar annually on each poll

SBC. XXX. Mechanics and'laborers shall have liens upon the.property of their employers for labor performed or material furnished, and the Legislature shall provide for the summary, enforcement of the same.

SEC. XXXI. The Legislative,' Executive and Judicial Departments shall be distinct; and each department shall be confided to a separate, body of Magistracy... No person %r coliee'tion of persons, being of one Department,ahall exercise any power properly attached to gither of' the others, except in cases herein expressly provided,

SEC. XXXII. Legisfetiv-e acts in violation of this "Constitution, .or the

Constitution p.f- the. United .States, &pe void,-aHd the .Judiciary shall so

declare them. . .,

..... >; ,

SBC.'XXXIII. The State of Georgia shall ever remain a member &f the American Union; the-people thereof are a part of the American Nation: every citizen thereof owes paramount allegiance to the Constitution and Government of the United. States, and; no tewor ordinance; of this State, in contravention or subversion thereof, shall ever hav any binding

CONSTITUTIONAL CONVENTION.

543

.. j^:>.
t. ,-l:VV -_, /,>'?.
. ,.,,/V ' ~,.iV

ARTICLE II. . ^Franchise and .Elections.

.:'..'- ,

SEC. 'I. In all elections, by the people, the electors shall vote by ballot. SBC. II. Every male person, born in the United States, and every male person who has been naturalized, or who has legally declared his intention to become a citizen of the .United States, twenty-one years old, or upward, who shall have resided in this State six.months next preceding the election and shall have resided thirty days in the county in 'which1 he offers to vote, and shall have paid all taxes which may have been required of him, and which -he may have had an opportunity of paying, agreeably to law, for the year next preceding the election (except as hereinafter provided), shall be deemed an elector; and every male citizen of the United States, of the age aforesaid (except as hereinafter provided), who may be a resident of the State at the time of the adoption of this Constitution, shall be deemed " an elector, an3 shall have all the rights of an. elector, as aforesaid: Pro vided, That no soldier, sailor, or marine in the military or naval service.of the United States, shall acquire the rights.of an elector by reason 'of being stationed on "duty in this State; and no person shall vote, who, if challenged, shall refuse to take the following oath: "I do swear that I have riot given; or received, nor do I expect to 'give; or receive, any money, treat, or other tiling1 of1 value, by which my vote, or any vote, is affected, or expected to be'affected, at this'election; nor have I given, or promised any reward or made any threat by which to prevent -any person from voting ;at this election.
SEC. Ill No person co'nvicted of felony or larceny before any court of this State, or of, or. in thfi United States, shall be eligible t& any office or appointment of honor or trust within this State, unless he shall have been pardoned.

SBC. IY. No person who is the holder of any public moneys shall be eligible-to any office in this State, Until the sa'm'e is accounted for and paid into the Treasury.

SBC. V. No person who, after the adoption of this Constitution, being a resident of this State, shall engage in a duel in this State, or elsewhere,, or shall send or accept a challenge, or be aider or abettor, to such duel, shall vote or hoM office in this Statej'and every such, person shall, also, be sub ject to such punishment as the law may prescribe.

SBC. VI The General Assembly may provide, from, time to time, for the registration of all 'electors, but the following classes of persons shall not be permitted to register, vote, or'hold office;'" First--Those who shall have been convibted of treason, embezzlement of public funds, malfeasance in office, crime punishable by law with! imprisonment in the Penitentiary, or bribery. , Second--Idiots or insane persdns.

SBC, .VII. Electors shall, .in all cases except, treason, felony, or breach

of the peace, be privileged "from arrest for five days before, an election,

during the. electiqn, and two. days subsequent thereto. ...

..

SEC. VIII. The sale of intoxicating liquors on days of- election js'pro hibited.

544

JOURNAL OF THE GKORGIA

SBC. IX. Eeturns of election for all civil officers elected by the people, who are to be commissioned by the Governor, and, also, for the members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law.
SEC. .X. The General Assembly shall enact laws giving adequate pro tection to electors before, during and subsequent to elections.
SEC. XI. ,Thes election of 'Governor, members of Congress, and of the General Assembly, after the year. 1868, shall commence on the Tuesday after the first Monday in November, unless otherwise provided by law.

ARTICLE III.

'.I.



v

I. The Legislative power shall be vested in a General Assembly, which Shall consist of a Senate and House: of Representatives, and until other. wise directed, the members thereof, after the first election, shall be elected, and the returns of the election made as now prescribed by law.. '.,
II. The members of the Senate shall be elected for fou-r years, except that the members elected at the first election from the twenty-two Sena torial Districts numbered in this Constitution with odd numbers,.shall only hold their-office for two years. The members of the House of Represent.atives shall be elected for two years. The election for members of the General Assembly shall begin on Tuesday after the first Monday in Novem.ber of every second year,.except the first election, wjrich shall be within sixty days after the adjournment of this.Convention; but the General As sembly may by.law change the time of election, and the members shall hold until their successors are elected and qualified.
III. .The first meeting of the General Assembly shall be within ninety days after the adjournment of this Convention, after which it shall meet annually on the second Wednesday in January, or -on such other day as the General Assembly may prescribe. A majority of each House shall constitute a quorum to transact'business, but a smaller number may ad journ 'from, day to day and compel the-presence of its absent members as each House may provide. No session of the General Assembly, after the second, under this Constitution, shall continue longer than forty days, unless prolonged by a vote of two thirds of each branch .theredf.

IV. No person holding a Military Commission, or other appointment or

office, having any emolument or compensation annexed ^hereto, under

this State or the "United States, or either of them, except Justices of the

Peace and'officers of the Militia, nor any defaulter for public money, or for

any legal taxes required of him, shall have a seat vet either House; nor shall

any Senator or Representative, after his qualification as such, be elected

by the General Assembly or appointed by the "Governor, either with or

without the'advice"and consent of the Senate,'to any office or appointment,

having any emolument-annexed thereto, during the time for which he shall

have been elected. -

.



CONSTITUTIONAL CONVENTION.

545

y. .^'he'seatof a. member of either House shall be vacated oft his removal

from the Districtfrom which he was elected.

<

Section IT.>
L There shall be Forty-Four Senatorial Districts in this State, composed, each, of three contiguous Counties, from each of which Districts one Sen ator shall be chosen. Until otherwise arranged, as hereinafter provided, the. said Districts shajl be constituted as follows:
The First District of Chatham, Bryan and Effingham. The Second District of Liberty, Tatnall and Mclntosh. The Third District of Wayne, Pierce and Apph'ng. The Fourth District pf Glynn, Camden and, Charlton. The Fifth District of Coffee, Ware and Clinch. The Sixth District of Ecfaols, Lowndes and Berrien. The Seventh District of Brooks, Thomas and Colquitt. The Eighth District of Decatur, Mitchell and" Miller. The Ninth District of Early, Calhoun and Baker. The Tenth District of Dougherty^Lee and Wo'rth. The Eleventh District of Clay, Randolph and Terrell. The Twelfth District-of Stewart, Webster and Qnitman. The Thirteenth District of Sumter, Schley and Maeon. The Fourteenth District of "Dooly, Wilcox and Pulasld. The Fifteenth District of Montgomery, Telfair an'd ITWHI. The Sixteenth District of Laurens, Johnson and^Effianuel. The Seventeenth' District of Bullock, Scriven and Burke. The Eighteenth District of Richmond, G-lasscock and Jefferson. The Nineteenth District of Taliaferro, Warren and Gfreene. The Twentieth District of Baldwin, Hancoclt and Washington. The Twenty-First District of Twiggs, Wilkinson and Jones. The Twenty-Second District of Bibb, Monroe and Pike. The Twenty-Third District of Houston, Crawford and Taylor. The Twenty-Fourth District of Marion, CJaattahoochee and Muscogee. The Twenty-Fifth District-of Harris, TJpson and Talbot. The Twenty-Sixth District of Spalding, Butts and Fayette. The Twenty-Seventh District/of Newton, Walton'and Clarke. The Twenty-Eighth District of Jasper, Putnam and Morgan. The Twenty-Ninth District of Wilkes, 'Lincoln and Columbia. The Thirtieth District of Oglethorpe, Madison and Elbert. The Thirty-First District of Hart, Franklin and Habersham. The Thirty-Second District of White, Lumpkin and Dawson. The Thirty-Third District of Hall, Banks and Jackson. The Thirty-Fourth District of Gwinnett, DeKalb and Henry. The'Thirty-Fifth District of Clayton, Fulton and Cobb. The Thirty-Sixth District of Merriwether, Ooweta and Campbell The Thirty-Seventh District of Troup, Heard and Carroll. The Thirty-Eighth District of Haralson, Polk arid Paulding. The Thirty-Ninth District of Gherokee, Milton and Forsyth. The Fortieth District of Union, Towns and Rabun.

546

JOURNAL OF TH'B'GEOB&IA

The Forty-First Bistrict of Fannin, Gihner and Pictens. The Forty-Second District of Bartow, Kloyd and Chattooga. The Forty-Third District of Murray, Whitfleld and .Gordon. The Forty-Fourth District of Walker, Dade and Catoosa.

If a riew County be established it shall be added to a District which it adjoins, and from which the larger portion of its territory is taken. The Senatorial Districts iiiay be changed by the General Assembly", but only at the first session after the publication 'of each census by the .United' States Government, and their number shall not be increased.

II. The Senators shall be citizens of the United States, who have attain ed the age of twenty-five years, and who, after the'firat election under this Constitution, shall have'been citizens of this State for two years,-and for one year resident of the District from which elected.

III. The Presiding Officer of the Senate shall be styled the President of the Senate, and shall be elected viva wee from the, Senators.

IV. The Senate shall have the sole power to try impeachments., When

sitting for that purpose the members shall be on Qath or affirmation, and

shall be presided over by one of the Judges of the Supreme Court, sejected

for that purpose by a viva voee vote, of the Senate; and no. person shall be

convicted without the concurrence of two-thirds of the members present.

Judginents in cases, of impeacinieat shall not extend further than removal

from office and disqualification -to hold\and enjoy any office of honor, trust

or profit within this. State; but the party convicted shall, nevertheless,

be liable and subject to. indictment, trial, judgment and punishment

according to lasv.-

, . .,

.. . .

.' ' Section'III.

I. The House of Representatives shallconsist.of onehundred and seventy-

five Representatives, apportioned as follows: To the six largest Counties,

to wit: Chatham, Richmond, Fulton, J3ibb, Houston and Burke, three

Representatives veach; to the thirty-one next largest, to wit: Barlow1,

Columbia, Cobb, Cow.eta,. Clarke, Decatur, Dougherty, Floyd, Gwinnettj

Greene, Hancock", Haitis,. Jefferson, Lee, Muscogee, Mpnroe,'Merriwether,

Morgan, Macon, Newton, Oglethorpe,Pulaski, Randolph, Sumter, Stewart,

Troup, Thomas, .Thibet,. Washington^ Wilkes,. and Warren, two Repre

sentatives each; and to the,remaining.ninety-five Counties, one Representa

tive each.

-

.. , ,

II. The above apportionment may be changed by the general Assembly after each census by the United States Government, butiniio event shall the aggregate number of Representatives be increased.'

III. The Representatives shall be citizens of the United States who have attained the age of twenty-o'ne years, and who, after the first election under this Constitution, shall have been citizens of this State for one year, and for six months resident of the Cou-nties'from which elected.

IV. The Presiding officer of the House-of Representatives.shall be styled the Speaker of the House of Representatives, and shall l)e elected viva wee from the body.

CONSTITUTIONAL CONTENTION'.

547

V. The-HOHBe of Bepresentatives" shall have the sole p'ower to impeacli all persons who-shall have "been or may be in ofiTce'.

, VI. All bills for raising revenue,, or appropriating money, shall originate

in the House of Bepresentatives, but the Senate may propose or concur in

amendments as in other hills.

:.-.-

'

*

.

-',

'Section IV.

1. Each House shall be the Judge of the election: returns, and qualifica

tions of its members, and shall have power 'to punish them fbr disorderly

behavior or misconduct; by censure, fine-, imprisonment, or expulsion; but

no member shall be expelled, except by a vote of two-thirds of the Ilouse

from which he is expelled..

. . . -.

J-L Each House may punish,-by imprisonment,-not extending beyond the session, any person, not a member, -who shall be guilty of a.oontempt by any disorderly behavior in its presence; or who, during the session, shall threaten injury to the person, or. estate x>f any member for anything said, or done, in either House,^or who shall a'ssa'ult'any member'going to, or returning therefrom, or;whd shall rescue, or attempt'to rescue, any person arrested by order of either House.

III. The members of both Houses shall be free from arrest during their

attendance on the General Assembly, and- in going to of returning there

from,-except for treason,-felony, larceny, or breach'of the peace; and no

member shall be liable to answer in any other place'for anything spoken,

in debate in either House.

"

.

-

'IV, Each House shall keep a Journal of its proceedings and publish it

immediately afterits -adjournment The yeas and^nays of'the members on

any question shall, at the desire of one-fifth of the member's present, be

entered on the Journal. The-original Jcrarrial 1 shall-be preserved,' after

-publication, in the office of the Secretary of "State, but there shall be' no

other record thereof. .



'

V. Every bill, before it shall pass, shall be read three times, and on three separate days, in each House, .unless .in cases of actual invasion, or insurrection. Nor sh'all any law or ordinance pass which refers to more than one subjeet-jnatter, or contains'matter different from what is expressed in the title thereof.

VI. All acts shall be signed by the President,, of th,e .Senate and the Speaker, of the House of Eepresentatives; and no bill,ordinance,.or resolu tion, intended to have "the effect of a law,, which, shall have been rejected by either House, shall be again'proposed during the same Session, under the same or any other title, without the consent of two-'thirds of the House
by which the same was rejected.

VII. Neither House shall adjourn for more than three days, nor to any other place, without the consent of the other; and in case of disagreemenlt between the two House's on a question of adjournment, the Governor may adjourn either or'both'of them.

548

JOURNAL 0? THE GEORGIA

VIII. The officers of the.two Houses,, other than the President and Speaker, shall be a Secretary of the Senate, and Clerk of .the House, and an Assistant for each; a Journalizing Clerk, two Engrossing and two En rolling Clerks for- each House, and the number shall not be increased except by .a vote of the House. And-their pay, as well as the'pay and mileage of the members, Shall be fixed by law.

IX. "Whenever the Constitution requires a vote of two-thirds of either

or both Houses for the passing of an act or resolution, the yeas and nays

on the passage thereof shall be entered on the Journal, and all votes on con

firmations, or refusals to confirm nominations .to office by the Governor,

shall be by yeas and nays, and. the, yeas and nays shall be recorded on* the

Journal.

..

,.

X. Every Senator, or Representative, before taking his seat, shall take an oath, or affirmation, to support-the Constitution of the-United States, and of this State, that he has not practiced any unlawful'means, directly or indireetly, ,to. procure his election, and that he Jsas not given, or oSerejl, or promised, or caused to be given, or offered, or promised, to anyperson, any money, treat or thing of value,, with intent to affect any vote, or to prevent a-ny person voting at the election at which he was elected.-

...L> -.)' 'Sectio-'n V. I. The General Assembly shall have power to make all laws and ordinances, consistent wkh. this Constitution, and. not repugnant to the Constitution of the United States,, which- they shall deem necessary and proper for the welfare of the State.
II. .The General Assembly may alter the boundaries of, or lay oft'and establish new counties, or abolish counties, attaching the territory thereof to contiguous counties, but no new county shallbe established except by a vote of two^thirdS'Of each House, nor shall any conty be abolished except .by a. .vote.,of two-thirds of.each House, and after the qualified voters of the county shall, at an election held for the purpese, so decide.
' Section VI.
I. No money shall be draVn from the Treasury Except by appropriation made by law, and a regular statement and account .of the receipt and ex--. penditure of all public money shall be publishe/i from, time to time, and, also, with the laws passed by each session of the G-eneral Assembly.
II. No -vote, resolution, law, or order, shall pass, granting a donation, o.r gratuity, in favor $f any person^except by the concurrence of two-thirds of each branch of the General Assembly; nqr, by any vote^ to a sectarian corporation or association.
III. No law or section of the Code shall be amended or repealed by mere reference to its title, or to the number of the section in the Code, but the amending or repealing act s-hall distinctly and fully describe the law io be amended or repealed^ as well as the alteration to.,be made-;, but this clttase shall be construed as directory only to 'the General Assembly.

CONSTITUTIONAL CONVENTION.

54'9

JV: No law shall be passed by which a citizen shall be compelled, against his consent, directly or indirectly, to become a stockholder in, or contribute to, any railroad or work of public improvement, except in the case of the inhabitants of a corporate town or city. In such cases, the General Assem bly may permit the corporate authorities to take such stock, or make such contribution, or engage in such work, after a majority of the qualified voters of such town or city, voting at an election held for the purpose, shall have voted in favor of the same, but not otherwise.
V. The General Assembly shall have no power to grant -corporate powers and privileges to private companies, except to Banking, Insurance, Rail road, Canal, Navigation, Mining, Express, Lumber, Manufacturing and Telegraph Companies; nor to make, or change election precincts; nor to establish Bridges or Ferries; nor to change names of legitimate children; but it shall prescribe, by law, the manner ia which sack powers shall be exercised .by the Courts. But no charter for any Bank shall be granted, or extended, and no Act passed authorizing the suspension of specie pay ments by any Bank, except by a vote of two-thirds of'the General Assem bly. The General Assembly shall pass no law making the state a stock holder in any corporate company; nor shall the credit, ofv the state be granted, or loaned, to aid any company without a provision that the whole property of the company shall be bound for the security of the State, prior to any other debt, or lien, except to laborers; nor to any company in which there is not already an equal amount invested by private persons; nor for any other object than a work of public improvement. No provision in this Constitution for a two-thirds vote of both Houses of the General Assembly shall be construed to waive the necessity for the signature of the Governor, as in any other case, except in the case of the twothirds vote required to override the veto.

ARTICLE TV.
JSxeeutwe--Section I'.
I. The Executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until such time as a successor shall be chosen and qualified. He shall have a competent salary establish ed by law, which shall not be increased, or diminished, during the period for which he shall have been elected; nor shall he receive, within that period, any other emolument from the United States, or either of them, or from any foreign power.
II. After the first election, the Governor shall be elected quadrennially, by the persons qualified to vote for members of the .General Assembly, on the Tuesday after the first Monday in November, until such time be altered by law, which election shall be held at the places of holding gene ral elections in the several Counties of this State, in the same manner as is prescribed for the election of members of the General Assembly. The returns for every election of Governor, after the first, shall be sealed up by the Managers, separately from other returns, and directed to the Presi dent of the Senate and Speaker of the House of Representatives, and trans-
36

550

JOUKUAI, OE THE GEORGIA

mitted to His Excellency, the Governor, or the person exercising the duties of Governor for the time being, who shall, without opening the said returns, cause the same to he laid before the Senate, on the day after the two Houses shall hare been organized; and they.shall be.transmitted by the Senate to the House of. Representatives. The members of each branch of the General Assembly.shall convene in the Representative.Hall, and the President of the Senate and the Speaker of the House of Repre sentatives shall open and publish the returns in. the presence of the General Assembly; and the person having the majority of the whole number of votes given shall be declared duly elected Governor of this State; but if no person have such majority, then from'the two persons having the highest number of votes, who shall be in life, and shall riot decline an election at t-jie time appointed for the Legislature to elect, the General Assembly shall immediately elect a Governor viva wee; and in all cases of election of a Governor by the General Assembly, a majority of the votes of the members present shall be necessary for a choice. Con tested elections shall be determined by both Houses of the General Assembly, in' such manner as shall be prescribed by law.

III.. No person shall be eligible to the office of Governor who shall.

not ha^e been a citizen of the United States fifteen years, and a citizen

of this State six years, and who shall not have attained the age of thirty

years.



.

IV. In case of the death, resignation or disability of the Governor, the President of the Senate shall exercise the Executive powers of the Gov ernment until such disability be removed or a successor is elected and qualified. And in case of the death, resignation or disability of the President of the Senate, the Speaker of the House of Representatives shall exercise the Executive powers of the Government until the removal of the disability or the election and qualification of a Governor. The Gen eral Assembly shall have power to provide by law for filling unexpired terms by a special election.

V. The Governor shall, before he enters on the duties of his office, takethe following oath or affirmation: " I do solemnly swear (or affirm, as the case may be), that I will faithfully execute the office of Governor of the State of Georgia,, and will, to the best of my abilities,'preserve, protect and defend the Constitution thereof, and the Constitution of the. United States of America."

Section II.

I. The Governor shall be the Commahder-in-Chief of the Army and

Navy of this State and of the Militia thereof..

-.

II. He shall have power to grant reprieves and pardons, to commute penalties, and to remit any part of a sentence for offences against .the . State, except in cases of impeachment.

III. He shall issue writs of election to fill all vacancies that happen in the Senate, or House of Representatives, and shall have power to convoke the General Assembly on extraordinary occasions,, and shall give them,

CONSTITUTION.^ CONVENTION.

55.1

from time to time, information of the State of the Commonwealth, and recommend to their consideration such measures as he may deem necessary and expedient.
IV. When any office shall become vacant by death, resignation, or Otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by -law; and persons so appointed shall continue^in office until a successor is appointed agreeably to the mode pointed out by this Constitution, or by law, in pursuance thereof.

V. A person once rejected by the Senate shall not be re-appointed by

the Governor to the same office during, the same session, or the recess

thereafter.

.

VL The Governor shall have the revision of all bills, passed by both Houses, before the same shall become laws, but two-thirds of'each House may pass a law, notwithstanding his dissent, and if any bill should not be returned by the Governor1 within five days (Sunday excepted) after it has been presented to him, the same shall be a law, unless the General Assembly, by 'their adjournment, shall prevent its return. He may approve any appropriation and disapprove any other appropriation in the same bill, and the latter shall not be effectual, unless passed by two-thirds of each House.

VII. Every vote, resolution, or order, to which-the concurrence of-both

Houses may be necessary, except on a question of election or adjournment,

shall be presented to the Governor, and, before it shall take effect, be

approved by him; or being'disapproved, shall be re-p;issed by two-thirds

of each House, according to the rules and limitations prescribed in case

of a MIL,

.

VIII. There shall be a Secretary of State, a Comptroller General, a Treasurer and Surveyor General, elected by the General Assembly, and they shall hold their offices for the like period as the Governor, and shall have a competent salary, which shall not be increased, or diminished, during the period for which they shall have been elected. The General Assembly may, at any time, consolidate any two of these offices, and require all the duties to be discharged by one officer:

IX. The Great Seal of the State shall be deposited in the office of the. Secretary of State, and shall not be affixed to any instrument of writing but by'order of the Governor, or General Assembly; and that now in use shall be the Great Seal of the "State until otherwise provided by law.'

X. The Goyernor shall have power to appoint his own Secretaries, not exceeding two in number, unless more shall be authorized by the General Assembly.
'ARTICLE V.

Judiciary--Section I.

I. The Judicial Powers of this State shall be vested in a Supreme Court,, Superior Courts, Courts of Ordinary, Justices of the Peace, Commissioned. Notaries Public,~and such other'Cotirts as have been or may be established
by law.

552

JOURNAL OP THE GEOB9IA

Section IT.
I. The Supreme- Court shall consist of three Judges-, two of whom shall constitute a quorum. When a majority of the Judges are disqualified from deciding'^ any case, by interest or otherwise, the G-oVernor shall designate certain Judges of the Superior Courts to sit in their stead. Atthe first appointment of Judges of the Supreme Court under this Constitution, one shall be appointed for four years, one for eight' years, and one for twelve years; but all subsequent appointments, except to fill unexpired terms, shall be for the term'of twelve years.
II. The Supreme Court shall have no original jurisdiction, but shall be a Court alone for the trial and correction of errors from the Superior Courts, from the City Courts of Savannah and Augusta, and such other like Courts as may be hereafter established in other cities'; and shall sit at the seat of Government at such times "in each year as .shall be prescribed by law, for the trial and determination of' writs of error from said Superior and City Courts. The days on which the cases from the several Circuits ayd City Courts shall be taken up by the Court shall be fixed by law.
III. The Supreme Court shall dispose of every case at the first or second term after such writ of error is brought; and in case the plaintiff in error shall not be prepared at the first term to prosecute the case, unless prevented by Providential cause, it shall be stricken from .the docket, and the judgment below'shall stand affirmed. In any case, the Court may, in its discretion, withhold its judgment until the next term after, the same is argued.
IV. When only two Judges sit in any case, and they disagree, the judgment below shall stand affirmed.
Section III.
I. There shall be a Judge of the Superior Courts for each Judicial Circuit. He may act in other Circuits when authorized by law. At the first appointment of such Judges under this Constitution, one-half of,the number (as near as may be) shall be appointed for four years, and the other half for eight years; but all subsequent appointments, except to fill unexpired terms, shall be for the term of eight years.
II. The Superior Courts shall have exclusive jurisdiction in cases of divorce; in criminal cases, where the offender is subjected to loss of life or confinement in the Penitentiary; in cases respecting titles to land and equity cases, except as Iieremafter provided^ but the General Assembly shall have power to merge the Common Law and Equity Jurisdiction of said Courts. Said Courts shall have jurisdiction in all other civil cases, except as hereinafter provided. They shall have appellate jurisdiction in all such cases as may be provided by law. They shall have power to correct errors in Inferior Jadicatories, by writ of vertiorari, which shall only issue on the sanction of the Judge; and to issue writs of -mandamus, prohibition, seire facias, and an other writs that.may be necessary for carrying their powers fully into effect, and shall have such other powers as shall be conferred on them by law.

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CONSTITUTIONAL CONVENTION. '

553

III. There .shall be no appeal from one jury in the Superior Courts to 'another; but the Court may grant new trials on legal grounds. . The
Court shall render judgment without the verdict of a jury in all civil cases, founded on contract, where an issuable defence is not filed on oath.
IV. The Superior Courts shall sit in each County not less than twice in each year, at such times as have been, or may be, appointed by law.
Section IV.
IJ Until the General Assembly shall otherwise direct, there shall be a District Judge an'd a District Attorney for each Senatorial District in this State.
II. The District Judge shall have jurisdiction to hear and determine all offences not punishable with death or imprisonment in the Penitentiary; and it shall be the duty of the District Attorney to represent the State in all cases before the District Judge.
III.. The District Judge shall sit at stated .times, not less than once in each month in each. Cdunty in his District for the trial of offences, and at .such other times as the General Assembly may direct.
TV. Offences shall be tried before the District Judge on a written accusation founded on affidavit; said accusation shall plainly set forth the offence charged, and shall contain the name of the accuser, and be signed by the District Attorney,
V. There shall be no jury trial befpre the District Judge except when demanded by the accused, in which case the jury shall consist of seven.
VI. Such civil jurisdiction may be conferred on the District Judges as the General Assembly may direct.
VII. The District Judges and Attorneys shall hold their offices for a period of four years, and shall receive for their services such stated compensation, in their respective Districts, as may be provided by law, but in no event shall their compensation be in anywise dependent on fines, forfeitures, or costs.
Section V.
I. The powers of a Court of Ordinary and of Probate shall be vested in an Ordinary for each County, from whose decision there may be an appeal to the Superior Court, under regulations pi escribed b ylaw.
II. The Courts of Ordinary shall have such power in relation to roads, bridges, ferries, public buildings, paupers, County officers, County funds and taxes and other matters,, as shall be conferred on them by law.
III. The Ordinary shall hold his office for the term of four years, and until his successor is elected and qualified.
Section VI.
I. There .shall be in -each District, one Justice of the Peaee, 'whose official term, except when elected to fill an unexpire'd term, shall be four years.

554

JOURNAL OF THE' GKEOKGIA '

II. The Justices of the Peace shall have Jurisdiction, except as hereinafter provided, in all civil cases -where the principal sum claimed does not exceed one hundred dollars, and may sit at ,any time for the trial of such cases; but in cases where the sum claimed is more than fifty dollars, there may be. an appeal to the Superior Court, under such regulations as may be prescribed by law.
III. There shall be no appeal to a jury from the decision of a Justice of the Peace, except as provided in the foregoing paragraph.
IV. Notaries Public may be appointed and commissioned by the Governor, not to exceed one for each Militia District, for a term of four _ years, and shall be ex offieio Justices of the Peace.
Section VII.
I. There shall be an Attorney General of the State, whose official term, except when appointed to fill an unexpired term, shall be four years.
II. It shall be the duty of the Attorney General to act as the legal adviser of the Executive Department, to represent the State in all-civil and criminal cases in the Supreme and.Superior Courts, 'when required by the Governor, and to perform such other services as shall be required of him by law.
Section VIII.
I. There shall be a Solicitor General for each Judicial Circuit, whose official term, except when appointed to fill an unexpired term, shall be four years.
II. It shall be the duty of the Solicitor General to represent the State in all cases in the Superior Court in his Circuit, and in all cases taken up from his Circuit to the Supreme Court, and to perform such other services as shall be required of him by law.
Section IX.
I. The Judges of the Supreme and the Superior Courts, the Attorney General, Solicitors General, District Judges, and Attorneys, shall be appointed by the Governor, with the advice and consent of the Senate, and shall be removable by the Governor on the address of two-thirds of each branch of the General Assembly, or by impeachment and conviction thereon.
II.-Justices of the Peace shall be elected by the legal voters in their respective Districts, and shall be commissioned by the Governor. They shall be removable on, conviction for malpractice in office.

Section X.
I. The Judges of the Supreme and Superior Courts, and the Attorney and Solicitors General shall have, out of the State Treasury, adequate and honorable salaries on 'the specie basis, which shall not be increased or diminished during their continuance in office. The District Judges and District Attorneys shall receive, out of the Treasuries of the several

. ,..

CONSTITUTIONAL CONVENTION.

555

: Counties, of their District, adequate compensation, oh the specie basis, which shall not be increased or diminished during their terra of office; but said Judges shall not receive any other perquisites, or emoluments whatever, from parties, or others, on account of any duty required of them.'
II. The General Assembly shall provide for the equitable apportionment of the compensation of the District Judges and Attorneys between the Counties composing their Districts, and shall require the moneys arising from fines and forfeitures in the District Courts to be paid into the Treasuries thereof.
IIIi No person shall be Judge of the Supreme or Superior Courts, or Attorney General, .unless at the time of his appointment he shall lave attained the age of thirty years, and shall have been a citizen of this State three years, and have practiced law for seven years.

Section XL
I. No total divorce shall tie granted except on the concurrent verdicts of two juries. When a divorce is granted, the jury rendering the final . verdict shall determine the rights and disabilities of the parties, subject to the revision of the Court.

Section XII.

I. Divorce eases shall be tried in the County where the defendant

resides, if a resident of this State.

:.

II. Criminal cases shall be tried in the County where the crime was committed, except cases in tlie Superior Courts, when the presiding Judge is satisfied that an impartial Jury cannot be obtained in such County.

III. Cases respecting titles to land shall be tried in the County where the land lies, except where a single tract is divided by a County line, in which case the Superior Court of either County shall have jurisdiction.

IV. Equity cases shall be tried in the County where a defendant resides against whom substantial relief is prayed.

V. Suits against joint obligors, joint promissors, co-partners, or joint trespassers residing in different Counties may be tried in either County.

VI. Suits against the maker or indorse? of promissory notes, or other like instruments, residing in different Counties, shall be tried in the County where the maker resides.

VII. All other cases shall be tried in the County where the defendant

resides.

>

XIII.

I. The right of trial by jury, except where it'is otherwise provided in this Constitution, shall remain inviolate.

II. The General Assembly shall provide by law for the selection- of upright and intelligent persons to serve as Jurors. There shall be no

556

JOURNAL OF THE GEORGIA

distinction between the classes of persons who compose .grand and petit juries. Jurors shall, receive adequate compensation for their services, to be prescribed by law.

Section XIV.

'

L The Courts heretofore. existing in this State, styled Inferior Courts,
are abolished, and their unfinished, business and the duties of the Justices thereof are . transferred to snch tribunals as the General Assembly may designate.

Section XV.

I. The General Assembly shall have power to provide for the ereatioa of County Commissioners in such Counties as may require them, and to define their duties.

Section XVI.

I. All Courts not specially mentioned by name in the first Section of this Article, may be abolished in any County, at the discretion of the General Assembly, and the County Courts now existing in Georgia .are hereby abolished.

Section XVII.

I. No Court in this State shalLhav^ jurisdiction to try or determine any suit against any resident of this State upon any contract or agreement! made or implied, or upon any contract made in renewal of any debt existing prior to the first day of June, 1865. Nor shall any Court or ministerial officer of this State have authority to enforce any judgment, execution or decree rendered or issued upon afly contract .or agreement made or implied, or upon any contract in renewal of a debt existing prior to the first day of June, 1865, except in the following cases:

1. In suits against trustees where the trus-t property is in the hands of the trustee, or has been invested by Mm in other specific effects now in his hands, and in suits by the vendor of real" estate .against the vendee, where not more than one-third of the purchase money has been paid, and the vendee is in possession of the land-or specific effects for which' he has sold it, and he refuses to deliver the land or said effects to the vendor. In such'cases the Courts and officers may entertain jurisdiction and enforce judgments against said trust property or land or effects.

2. in suits for the.benefit of minors by trustees appointed before the

first day of June, 1865.

. ''

3 In suits, against corporations in their corporate capacity, but not so> as to enforce the debt against the stockholders or officers thereof in their individual capacity.

4. In suits by charitable or literary institutions for money loaned, property--other^than slaves sold; or services rendered by such institutions.

5. In suits on debts .due for mechanical or manual labor, when the suit is by the mechanic or laborer.

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CONSTITUTIONAL CONVENTION.

557

.- 6. In cases when the debt is set up by way of defence, and the debt set . up exceeds any debt due by defendant to plaintiff of which the Courts
are denied jurisdiction.
7. In all other cases in which the General Assembly shall by law give the said Courts and officers jurisdiction: Provided, that no Court or officer shall have, nor shall the General Assembly giue jurisdiction or. authority to try or give judgment on or enforce any debt, the consideration of which was a slave or slaves, or the hire thereof.
II. All contracts made and not executed during the late rebellion, with the intention and for the purpose of aiding and encouraging said rebellion, or where it was the purpose and intention of any one of'the parties to such contract to aid or encourage such rebellion, and that fact was known to the other party, whether said contract was made by any person or corporation with the State or Confederate States, or by a corporation with a natural person, or between twcj or more natural persons, are hereby declared to have been and to be illegal, and all bonds, deeds, promissory notes, bills, or other evidences of debt, made or executed by the parties to such contract, or either of them in connection with such illegal contract, or as the consideration therefor or in. furtherance thereof, are heretjy declared null and void, and shall be so held in 'all Courts in this State when attempt'shall be made to "enforce any such contract, or give validity to any such obligation or evidence of debt. 'And in all cases when the defendant or any one interested in the event of the suit will make a plea, supported by his or her affidavit, that he or she has reason to believe that the obligation or evidence of indebtedness ,upon which the suit is predicated, or some part thereof, has been given or used for the illegal purpose aforesaid, the burden of proof shall be upon the plaintiff to satisfy the Court and Jury that the bond, deed, note, bill or other evidence of indebtedness upon which said suit is brought, 'is or are not, nor is any .part thereof, founded upon, or in any way connected with any such illegal contract, and hag not been used in aid of the" rebellion, and the date of such bond, deed, note, bill or other evidence of indebtedness shall not be evidence that it has, or has not, since its date, been issued, transferred or used in aid of the rebellion".
Ill: It shall be in the power of the General Assembly to assess and collect upon all debts, judgments, or pauses of action when due, founded on any contract made or implied before the first day of June, 1865, in the hands of any one in his own right, or as trustee, agent or attorney of another, on or after the first day of January, 1868, a tax of not exceeding 25 per cent., to be paid by the creditor on pain of the forfeiture of the debt, but chargeable by him as to one-half thereof against the debtor, and collectable with the debt: Provided, That this tax shall not be collected if the debt or cause.of action be abandoned or settled without legal process, or if in judgment be settled without levy and sale: And provided further, That this tax shall not be levied so long as the Courts of this State shall not have jurisdiction of such debts or causes of action.

558

JOURNAL OF THE GEORGIA

ARTICLE VI.
Education.
I. The General Assembly, at its first session after the adoption of this Constitution, shall provide a thorough system of General Education, to be for ever free to all children of the State, the expense of which shall be provided for by taxation, or otherwise.
II. The office of State School Commissioner is hereby created. He shall be appointed by the Governor with the consent of the Senate, and shall hold his office for the same term as the Governor. The General Assembly shall provide for the said Commissioner a competent salary and necessary clerks. He shall keep his office at the seat of Government.
III. The Poll tax allowed by this Constitution, any Educational fund now belonging to this State--except the endowment of, and debt due to the State University--or that may hereafter be obtained in any way, a special tax on shows and exhibitions, and on the sale of spirituous and malt liquors--which the General Assembly is hereby authorized to assess --:and the proceeds from the commutation for militia service, are hereby set apart and devoted to the support,of Common Schools. And if the provisions herein made shall, at any time, prove insufficient, the General Assembly shall have power to levy such general tax upon the property of the State, as may be necessary for the support of said School System. And there shall be established, as soon as practicable, one or more Common Schools in each School District in this State.
ARTICLE VII.
Section I.--Homestead andfExemption.
I. Each head of a family, or guardian, or trustee, of a famity of minor children, shall be entitled to a homestead or realty to the value of two thousand dollars, in specie, and personal property to the value of one thousand dollars in specie, both to be valued at the time they are set apart. And no Court, or ministerial officer.in this State, shall ever have jurisdiction, or authority, to enforce any judgment, decree, or execution against said property so set apart--including such improvements as may be made thereon, from time to time--except for taxes, money borrowed and expended in the improvement of the homestead, or for the purchase money of the same, and for labor done thereon, or material furnished therefor, or removal of encumbraiices thereon. And it shall be the duty of ? the: General Assembly, as early as practicable, to provide, by law, for the setting apart and -valuation of said property, and to enact laws for the full and complete protection and security of the same to the sole use and benefit of said-families as aforesaid.
II. All property of the wife, in her possession at the time of her mar riage, and all property given to, inherited, or acquired by her, shall remain her separate property, and not be liable for the debts of her husband.

;.-. i;-

CONSTITUTIONAL CONVENTION.

559

'"

.

ARTICLE -VIII.

Militia.

I. The Militia shall consist of all able-bodied male persons between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States or this State; and shall be organized, officered,, armed, equipped, and trained in such manner as may be pro vided by law; subject to the paramount authority of Congress over this subject.

II.. Volunteer Companies of Cavalry, Infantry or. Artillery, may be formed in such manner, and with such restrictions, as may be provided by law.

III. Ho person conscientiously opposed to bearing arms, shall be compelled to do Militia duty, but such person shall pay an equivalent for exemption; the amount to be prescribed by law and appropriated to the Common School Fund.

ARTICLE IX.
County Officers.
I The County officers recognized as existing by the laws of this State, and not abolished by this Constitution, shall, where not otherwise provided for in this Constitution, be .elected by the qualified voters of their respective counties or districts, and shall hold their offices for two years. They shall be removable oa conviction for malpractice in office, or on the address of two-thirds of the Senate.

-ARTICLE X.
Seat of Government.
I. The seat of government of this State, from and after the date of the ratification of this Constitution, shall be in the City of Atlanta, and the General Assembly shall provide for the erection of a new Capitol, and such other buildings as the public welfare may require.
II. The General Assembly shall have power to provide for the tempo rary removal of the seat of governmeat in case of invasion, pestilence, or other emergency.
ARTICLE XL
The Laws of General Operation in force in tMs Slate, are:
I. As the Supreme Law: The Constitution of the United States, the laws of the United States in pursuance thereof, and all treaties made under the authority of the United States.
II. As next in authority thereto: this Constitution.
III. In subordination to the foregoing: All acts passed by any legisla tive body, sitting in this State as such, since the 19th day of January, 1861, including that body of laws known as the Code of Georgia,, and the acts amendatory thereof, as passed since that time, which said Code

560

JOURNAL OF THE GEORGIA.

and acts are embodied in the-printed book known as "Irwin's Code;" and also so much of the Common and Statute Laws of England and of the Statute Laws of Georgia, as were in force in this State on the 19th day of December, 1860, as are not superseded by said Code, though not embodied therein, except so much of the said several Statutes, Code and Laws as may be inconsistent with' the supreme law herein recognized, or may have been passed in aid of the late rebellion against the United States, or may be obsolete, or may refer to persons held in slavery, which excepted . laws are inoperative and void; and any future General Assembly shall be competent to alter or repeal (if not herein prohibited) any portion of the laws declared to be of force in this third specification of this clause . of this Article; and if in any of said laws herein declared of force the word "Confederate" occurs before the word States, such law is hereby amended by substituting the word "United" for the word "Confederate."
IV. Local and private acts, passed for the benefit of counties, cities, towns, corporations, and private persons, not inconsistent with the supreme law, nor with this Constitution, and which have not expired, nor been repealed, shall have the force of statute law, subject to judicial decision as to their validity when passed, and to any limitations imposed by their own terms.
V. All .rights, privileges and immunities which may have vested in, or accrued to any person or persons, or corporation in his, her, or their own right, or in any fiduciary capacity, under any act of any legislative body, sitting in this State as such, or of any decree, judgment or order of any Court, sitting in this State, under the laws then of force-and operation therein--and recognized by the people as a Court of competent jurisdic tion, since the 19th day of January, 1861, shall be held inviolate by all the Courts of this State, unless attacked for fraud, or unless otherwise declared invalid by or according to this Constitution.
VI. The records,, dockets, books, papers, and proceedings of any Court or office existing in this State, by the laws thereof, on the 19th of January, 1861, or purporting to exist by said Laws, and recognized and generally obeyed by the people, as such, since the said time, and before the several Courts and officers provided for by this Constitution shall have gone into actual operation, .shall be transferred to the several Courts and officers of the same name or functions by this Constitution provided for, and shall have force and be executed, perfected, and performed therein, and thereby, as follows and not otherwise, to wit:
Final judgments, decrees, proceedings, and acts, fully executed and performed, or not requiring performance or execution, shall have full force and effect as though no interruption had taken place in the legal succession of said Courts and offices, except as herein otherwise provided. Proceedings not final, and judgments, and decrees not fully executed or performed, shall proceed and be performed in such cases, and such cases only, as this Constitution, or the laws made in pursuance thereof, confer jurisdiction and authority over the causes of actions on which said cases> judgments, decrees, or proceedings, civil or criminal, are founded: Pro-

CONSTITUTIONAL CONVENTION.

561

videdj that all said judgments, decrees, and proceedings shall be subject to be set' aside, Or reversed, or vacated, by proceedings in the several Courts haicing custody of the records, as though they were the judgments of said Courts, and shall be subject always to be explained as to the meaning of the word dollar or dollars, as used in the same; and no motion for a new trial, bill of review, or other proceeding, to vacate any judgment, order, or decree, made since the 19th of January, 1861, by any of said Courts, for fraud, illegality, or error of law, shall be denied, by reason of the same not having been moved in time: Provided, said motion or appli cation is.made in twelvemonths from the adoption of this Constitution.
VII. The books,. papers, and proceedings of. the Inferior Courts shall be transferred to, and remain in, the control of the Ordinaries, who shall perform the duties of said Courts until otherwise provided by law. The books, papers, and proceedings of the County Courts, and the unfinished business thereof, shall be transferred to the Superior Courts, and the same shall be finished and performed by the said Superior Courts and "the officers thereof, in such cases, and in such cases only, as the said Courts are, by this Constitution or the laws made in pursuance thereof, granted jurisdiction over the subject-matter or debts on which said cases and judgments, civil or criminal, are founded.
VIII. The cases pending, and the judgments had and made in the City Courts of Savannah and Augusta, and in the various Justices' Courts in this State, shall be finished, and the judgments performed by the City Courts, and officers and justices, provided by this Constitution, in such ceses, and such only, as by this Constitution jurisdiction is given to said Courts and officers, over the causes of action on which they are founded.
IX. The judgments and proceedings of Courts, and acts of officers within their jurisdiction as provided by law, shall be valid, notwithstand ing the judges of said courts or the said officers were appointed by the military authorities of the United States, and. any of said judgments, or acts, or proceedings made, or done, under or by virtue of, or in accord ance with the orders of said military authorities, duly made, are as valid as if done under a law of this State.
X. These several acts of confirmation shall not be construed to divest any vested right, nor to make any act criminal otherwise not criminal, but they shall be construed as acts of peace, and to prevent injustice: Pro vided, that nothing in this Constitution shall be so construed as to make valid any acts done by, or before, any such de facto officer, which would, by legalizing such acts, render that criminal which was not criminal when done; or cause any act not legally criminal when done to become crimi nal by giving validity to such act after it was done; but all such acts shall be held by the courts to be null and void.
XL Should this Constitution be ratified by the people, and Congress accept the same with any qualifications or conditions, the Government herein provided for, and the officers elected shall nevertheless exist and continue in the exercise of their several functions, as the Government of this State, so far as the same may be consistent with the action of the United States in the premises.

562

JOURNAL OF THE CONVENTION.

XIL.The ordinances of this Convention on the subject of the first election, and the first General .Assembly, shall hav the force of laws, until they expire by their own limitation, and all other ordinances of a mere legislative character, shall have the force of laws, until otherwise provided by the General Assembly.

ARTICLE XII.

Amendments to the Constitution.

I. This Constitution may be amended by a two-thirds vote of two suc cessive Legislatures, and by a submission of the amendment to the quali fied voters for filial ratification. But the General Assembly shall not call, a Convention of the people in the election of delegates to which any person, qualified to vote by this 'Constitution, shall be disqualified. And the representation iu said Convention shall be based on population. Nor shall the right of suffrage ever be taken from any person qualified by this Constitution to vote.

Attest :

J.,R. PARROTT, President Georgia Constitutional Convention.
P. M. SHEIBLEY, Secretary Georgia, Constitutional Convention.

ORDINANCES.

563

RDINANCES,

No. I.
AN ORDINANCE
To Grant Temporary Melief to the People of Georgia.
4
^Whereas, The question of affording some relief to the people of Georgia from the burden of indebtedness which is now oppressing them, is likely to be acted upon by this Convention at some future day ; and,
Whereas, Large amounts of property are now levied on and about to be sacrificed at Sheriff's sale; and,
W'hereas, The debtor, in such cases, should be entitled to the benefits which may be conferred on other debtors by the future action of this Convention ; therefore;,
Be it ordained by the people of Georgia, in Convention . assembled, and it is hereby ordained by authority of the same, That from and after the passage of this Ordinance, all levies which have been, or may be made, under execution issued from any Court of this State, shall be suspended until this Conven tion shall have taken, or shall have refused to take, final action upon the matter of relief; and that, all sales under execution in violation .of this Ordinance shall be null and void, and of no- effect.
Adopted, 12th December, 186*7.
J, E. PAEEOTT, President.
Attest: P. M. SHEIBLEY, Secretary.

564

ORDINANCES;

No. II.
AN ORDINANCE
To levy and collect -a tax to pay the Delegates and Officers connected with this Convention, as well as all other inci dental expenses. Be it ordained by the people of Georgia, in Convention
assembled, That it shall be the duty of the Comptroller Gen eral of the State of Georgia to levy and collect a tax of onesixteenth of one per cent, on all the taxable property of this State, as returned upon the digests for the year 1867, in addition to the State tax; and the Comptroller General shall direct and require the Tax Collectors in the several counties in this State to collect the tax so assessed, or so much thereof as will defray the expenses of this Convention, and pay the same into the Treasury of the State of Georgia on or before the 1st of November, 1868.
Be it further ordained, That the Treasurer of this State is hereby authorized and directed to advance to the disbursing officer of this Convention, out of the Treasury of this State, forty thousand dollars, to defray the expenses of this Conven tion, and the pay and mileage of its members and officers, up to the 23d day of December, 1867.
Be it further ordained, That N. L. Angier is hereby ap pointed the disbursing officer of this Convention, and is authorized to receive and receipt for the sum aforesaid from the Treasurer, and to pay out the same on warrant of the President of this Convention, on the report of the Auditing Committee. The amount so advanced by the Treasurer shall be replaced by the tax ordered by this Convention to be assessed and collected for the expenses, pay and mileage of the members and officers thereof.
Be it further ordained, That the several Tax Collectors shall receive the same per cent, for collecting the same as they now are allowed by law for collecting the State tax.
Adopted, 20th December, 1867.
J. R. PARROTT, President. Attest: P. M. SHEIBLET, Secretary.

ORDINANCES.

565

>

AN ORDINANCE

Tb Provide the Means of Defraying the Expenses of this Convention, and the Compensation- of Officers and Memtiers.

JSucTiosr 1. Be it ordained by the People of Georgia, in

Qo.nvention assembled, That an Ordinance of this Convention,

passed on the 20th day of December, 1867, entitled "An

Ordinance to levy and collect a tax to pay the delegates and

officers connected with the Convention, as well as -all other

incidental expenses," except the second section thereof, is

hereby rescinded, and the following is ordained in lieu thereof,

to-wit:

''.

^That it shall be the duty of the Comptroller General of the

State of Georgia to levy and assess a tax of one-tenth of one

per cent, on all the taxable property of this State as returned

upon the digests for the year 1867, for the purpose of defraying

the expenses of this Convention and the compensation of

officers and members thereof.

:

And it shall be the duty of the Tax Collectors, in the several

counties of this State, to collect the tax so assessed, and to pay

the same to the Comptroller General^ on or before the first day

of May, 1868. And it shall be the duty of the several Tax

Collectors to issue executions against aU persons subject to

taxation under this Ordinance whose tax is unpaid after twenty

days-aotice to pay it, for the amount of tax due by them, and

fifty per centum thereon and all costs ; and of Sheriffs and

Constables to levy and sell, under such, executions, and to

return the proceeds to the Tax Collectors as soon as the same

can be done "under, the provisions oi' existing laws.

SE.C. 2. Be it further ordained, That any scrip which may be issued by the authority of this; Convention, for the purpose aforesaid, shall be .receivable by the Comptroller General from the Tax Collectors in payment of the tax aforesaid.

SBC. 3. Be it further ordained, That the Tax Collectors shall receive the same, per cent, for collecting the tax aforesaid as they are now allowed by law for collecting the State tax.
37

566

ORDINANCES.

SEC. 4. Be it further ordained, That the Comptroller Gen eral shall issue to the Tax Collectors all necessary orders for the collection and payment of the tax aforesaid, which orders shall be binding upon said Collectors.
SEC. 5. J3e it further ordained. That the moneys and scrip received by the Comptroller General raider this Ordinance be paid by him into the Treasury of this State, to be disposed of as this Convention.shall hereafter direct.
Adopted, February 8, 1868. J, K. PARROTT, President.
Attest: P. M. SHEIBLEY, Secretary,

No. IV.

AH ORDINANCE

To Establish Congressional Districts.

The People of Georgia, in Convention assembled, do

ordain, That,'conforming to the last apportionment of. members

of the House of Representatives of the United States Congress,

there shall be, in the State of Georgia, Seven Congressional

Districts, as follows, until changed by act of the General

Assembly, viz-:

.

The First District shall include the counties of Chatham,

Bryan, Liberty, Mclntosh, Wayne, Glynn, Camden, Cbarlton,

Ware, Pierce, Appling, Tatnall, Bullock, Colquitt, Effingham,

Scriven, Emanuel, Montgomery, Telfair, Coffee, Cliitch, Echols,

Lowndes, Berrieu, Irwin, Laurens, Johnson, Brooks, and

Thomas.

The Second District shall include the counties of Deeatur,

Early, Miller, Baker, Mitchell, Worth, Dooly, "Wilcox, Pulaski,

Chattahoochee, Macon, Marion, Sumter, Webster, Stewart,

Qiiitman, Clay, Calhoun, Randolph, Tenrell, Lee, and

Dougherty.

The Third District shall include the counties of Muscogee,

Schiey, Taylor, Talbot, Harris, Troup, Merriwether, Heard,

Coweta, Fayette, Clayton, Carroll, Campbell, Houston, and

Crawford.

T

J ;.

ORDINANCES.

567

The Fourth District shall include the counties of TJpson, Pike, Spaulding, Henry, Newton, Butts, Monroe, Bibb, Twiggs, Wilkinson, Baldwin, Jones, Jasper, and Putnam.
The Fifth District shall include the counties of Washington, Jefferson, Burke, Richmond, Glasscock, Hancock, Warren, Columbia, Lincoln, Wilkes, Taliaferro, Greene, Morgan, Ogle-
thorpe, and Elbeft. The Sixth District shall include the counties of Milton,
Gwinnett, Walton, Clarke, Jackson, Madison, Hart, Franklin, Banks, Hall, Forsyth, Pickens, Dawson, -Lumpkin, White, Habersham, JRabun, Townes, Union, Fannin, and Gilmer.
The Seventh District shall include the counties of DeKalb, Fulton, Cobb, :Polk, Floyd, Bartow, Cherokee, Gordon, Ghattooga, Walker, Whitfield, Mxirray, Catoosa, Dade, Haralson, and Paulding.
Adopted, March 6, 1868. J. E. PARROTT, President..
Attest: P. M. SHEIBLEY, Secretary.

No. V.
AN ORDINANCE
To Provide for the Election of Civil Officers.
Whereas, .All-civil officers of the State : are only provisional^., until this State is represented in Congress; and
Whereas, The interest of Georgia requires that all civil offices should be filled by loyal citizens, according to the pro visions of the Constitution, being framed by this Convention,, at the earliest practicable moment, and for the purpose of avoiding any unnecessary delay or loss of time, and useless expense to the State;
It is ordained, That an election be held, beginning on the 20th day of April, 1868 (at such places as maybe designated by the Commanding General of this District), for voting on ratification of .the Constitution, for the election of Governor,

568

ORDINANCES.

Members of the General Assembly, Representatives to the

Congress of the United States, and all other officers to be

elected, as provided in the Constitution, and said election shall

be kept, open, from day to day, at the discretion of the General

Commanding; and at said election on the ratification of the

Constitution, and for Governor, Members of Congress, Members

of the General Assembly, and all other civil officers, the

qualification for voters shall be the same as prescribed by the

Act of Congress (known as the Shernian Bill) for voters at the

election on the ratification of the Constitution, and at all

elections under the Provisional Government. And, Major

General Meade. is. respectfully requested to give the necessary

orders to carry into effect the foregoing provisions, and cause

due returns to be made, and certificates of election to issue, by

proper officers.



.,

And be it further ordained, That the regulations established

by Congress for voting upon the ratification of the Constitu

tion, and for voting at elections under the Provisional Govern

ment, shall apply to the election of officers, as aforesaid; and

the persons so elected, or appointed, shall enter upon the duties

of the several offices, to which they have been respectively

elected, when authorized so to do by Acts of Congress, or by

the order of the General Commanding; and shall continue in

office till the regular succession provided for after the year

1868, and until successors are elected and qualified; so that

said officers shall, each of them, hold their offices as though

they were elected on the Tuesday after the first Monday in

November, 1868, or elected, or appointed, by the General

Assembly next thereafter; and, the rules for conducting and

making the returns thereof shall be the same as shall be pre

scribed by the Commanding General for the elections and

returns on the ratification of the Constitution. But this

Ordinance shall not apply to the Justices of the Peace, who

shall be elected at such time as shall be provided for by the

first General Assembly, imtil otherwise provided by law.

Upon any voter being challenged he shall take the following

oath:

,

" You do solemnly swear (or affirm) that you have been

duly registered agreeably to the Acts of ongress; that, you

have not prevented, or attempted to prevent, any person from

ORDINANCES.

569

voting at this election; that if the Constitution, upon which the. vote is now being taken,js ratified, that you will truly and faithfully support it. So help you God."
Adopted, March 10, 1868. J. R. PARROTT, President.
Attest: P. M. SHEIBLBT, Secretary.

No. VI.

AN ORDINANCE

To Provide for Certain Municipal Elections.-

The People of the State of Georgia, in Convention met, do ordain, That the election for Mayor, Aldermen, Gouneilmen, and all other officers, elected by the people in all cities and ^incorporated towns in this State, where the official term has expired, and the vacancies have not been filled by appointment of the military authorities, shall commence,on the 20th day of April, in the present year; and the Major General commanding the Third Military District is respectfully requested to give the necessary orders; to carry into effect the foregoing provisions, and cause due returns to be made, and certificates of election to issue by the proper officers.
And be it further ordained, That the regulations, established by Congress, for voting upon the ratification of the Constitu tion, and for voting at elections under the Provisional Govern ment, shall apply to the election of. officers as aforesaid; and the persons so elected shall continue in office till the regular succession, provided for after the year 1868, and until successors are elected and qualified. Upon any voter being challenged he shall take the following oath :

" You do solemnly swear (or affirm) that you have been duly registered, agreeably to the Acts of Congress; that you have not prevented, or endeavored to prevent, any person from voting at this election. So help you God."

- Adopted, March 10, 1868.

.

J. R. PARROTT, President.

Attest: P. H. SHKIBLET, Secretary.

570-

OKBINANCES.

'No. VII.
AN'ORDINANCE-.
To Confirm and Re-adopt Certain Ordinances.
JBe it ordained by the People of G-eorgia, in Convention assembled, That the following Ordinances, adopted by the Convention of 1865, are hereby expressly, and in their terms, confirmed and re-adopted, to-wit:
" An Ordinance to repeal certain Ordinances and Resolutions therein mentioned, heretofore passed by the People of Georgia in Convention:
"We, the people of the State of Georgia, at our Seat of Government, do declare and ordain, That an Ordinance, adopted by the same people in Convention on the nineteenth day of January, A. D. eighteen hundred and sixty-one, entitled, ' An Ordinance to dissolve the Union between the State of Georgia and other States, united with her under a compact of government--the Constitution of the United States.' " Also, an Ordinance, adopted by the same on the sixteenth day of March, in the year last aforesaid, entitled, "An Ordinance to adopt and ratify the Constitution of the Confederate States, of America;" and, also, all Ordinances and Resolutions of the same, adopted between the sixteenth day of January and the twenty-fourth day of March, in the year aforesaid, subversive of, or antagonistic to, the civil and military authority of th Government of the United States of America, under the Con stitution thereof, be and the same are hereby repealed.
" An Ordinance to declare- null and void all laws of the State of Georgia, by which money has been raised for the purpose of carrying on and sustaining the late war against the United States, and all notes,, Mils, bonds, and contracts founded on the same.
" Be it ordained by the People of Georgia, in Convention assembled, That all laws which have been heretofore passed for the purpose of raising money to sustain and carry on the late war against the United States are null and void, and that no Legislature, hereafter to be assembled, shaB levy any tax,

T

ORDINANCES.

571

''or.make any appropriation directly, or indirectly, to pay any note, bill, bond, or contract founded on the same."
But this special adoption of the Ordinances herein quoted, shall not be construed to disaffirm any other of a purely legis lative character, passed by said Convention, but such acts shall have force as laws in accordance with the provisions of the several confirming Acts, adopted by this Convention and this Constitution.
Adopted, March, 11, 1868. J. E. PAREOTT, President.
Attest: P. M. SHEIBLET, Secretary.

No. VIII.
AN ORDINANCE
To -Provide for the Re-assembling of this Convention if Necessary.
J3e it ordained, That^ should it be necessary for this Con vention, after its adjournment, to re-assemble to complete the reconstruction of the, State, it shall do so at the call of; the President of the same; and in default of the President, then of the President pro tentpore^ Hon. James L. Dunning, and in default of both, then by the General commanding the Third Military District. And should no sach eall be made in twelve months from this date, then this Convention shall stand adjourned -sine die.
Adopted, March 11, 1883, J. R. PAREOTT, President.
Attest; P. M. SHEIBLEY, Secretary.

572

BES01/UTIONS.

ESOLUTIONS.
No. L
A RESOLUTION
Permitting Representatives of the Press to have seats in the Convention.
Resolved, That all bona fide representatives of the Press shall have arid hold seats in this Conveniion, so long as they do not misrepresent the action of members, or the proceedings of this body.
Passed, December II, 1867. J. R. PARROTT, President.
Attest: P. M. SHEEBLBY, Secretary.
No. II.
A RESOLUTION Tendering Generals Pope and Sibley, and Colonel Sulbert?
with their Staff Officers, seats on thefloor. Resolved, That General Pope, General Sibley, and all their staff officers, and Colonel Hulbeft and his staff officers, be invited to seats on this floor. Passed, December 11, 1867.
J. R. PARROTT, President. Attest: P. M. SHEIBLEY, Secretary.

'/.:"
< ".

RESOLUTIONS.

573

NO. m.

A RESOLUTION
Appointing a Committee of /Seven to notify General Pope of the Organization of the Convention, and to invite his attendance.
Resolved, That a Committee of Seven be appointed by the Chair to wait on General Pope, commanding the Third Military District, and inform him that, in obedience to General Order No. 89, this Convention is now assembled and organized, and to invite his presence in. the Convention at his pleasure.
Adopted, December 10, 1867. J. R, PARROTT, President. ,
Attest: P. M. SHEIBLEY, Secretary. . . . .

No. IV.
A RESOLUTION
Requiring the signatures and attestation of the President and Secretary.
Resolved, That all Ordinances and Resolutions of this Con vention shall be signed by the President and attested by the . Secretary, which shall be sufficient authentication of the same.
Adopted, December 12,1807. J. R. PARROTT, President.
Attest: P. M. SHEIBLEY, Secretary.

No. V.
PREAMBLE AND RESOLUTIONS
On the subject of the Cotton Tax.
Whereas, The successful culture of cotton in Georgia is essential to the prosperity of the people and the full develop ment of the material interests of the State; and, whereas, the

574

RESOLUTIONS.

encouragement given to it- production abroad during the war has largely increased that production, which has, in connection with other causes, so reduced its value as to seriously endanger its continued cultivation as a leading staple by our. people; therefore,

Hesolved, That the Convention do recommend the repeal, of the Cotton Tax, and, if practicable, the application of. the repeal to the present crop.

Hesolved, That the Convention considers its repeal as essen tial to the continued successful cultivation of cotton, as the great staple of the country, and as a measure of relief to both agricultural capital and labor.

Resolved, That the Convention having confidence in the honest desire of the Government of the United States, to.aid in restoring the prosperity of the people of Georgia, and the development of all her material interest, do hereby request the President of the Convention to forward a certified copy of these Resolutions to the President of the United States, the President of tlie Senate, and the Speaker of the House of Representatives, with a request that they be presented at an early day to both Houses of Congress.

Passed, December 11, 1867.

,

J. R. PAREOTT, President. Attest: P. M. SHEIBLET, Secretary.

, No. VI.
A RESOLUTION
Tendering the Hon. Joshua Hill a seat on the floor.
Resolved, That a seat in the Hall of the Convention be, and the same is hereby tendered, to the Hon. Joshua :Hill, during his sojourn in the city.
Passed, December 17, 1867. J. R. PARROTT, President.
Attest: P. M. SEIBLET, Secretary,.



RESflLTTIIONS.

575

No. VII.
PREAMBLE AND RESOLUTION
For the appointment of a Committee to report upon the Powers of the Convention.
Whereas, Doubts have been expressed whether this Con vention is authorized to transact any other business than to frame a Constitution and Civil Government for the State of Georgia, and such Ordinances as are necessary for the proper performance of that duty; and
Whereas, The true powers of the Convention, on the matter indicated, ought to be Distinctly defined;. therefore,
Resolved, That the President appoint a Committee of ten, who shall consider and report upon the question as soon as practicable.
Adopted, December 16, 1867. J. R. PAREOTT, President.
Attest: P. M. SHEIBLEY, Secretary.

No. VIII.
REPORT
Of the Committee relative to the Powers of the Convention.
Resolved, That all Ordinances, or other matter of a legisla tive character, already introduced and pending, are hereby indefinitely postponed, and in future no Ordinance, or other matter of said character, not necessarily connected with the fundamental law, shall be entertained by the Convention: Provided, That the foregoing shall not. apply to matter touch ing the general relief of the people of the State.
Agreed to 17th December, 1867. J. E. PARROTT, President.
Attest: P. M. SHEIBLEY, Secretary.

576

RESOLUTIONS.

No. IX.
A RESOLUTION
Fixing the per diem and mileage of the Members and Officers of (Ms Convention.
Resolved, That the per diem and mileage of the Members and Officers of this Convention be the same as paid to the Members and Officers of the last General Assembly of this State.
Passed, December 18, 1867. J. E. PAEROTT, President.
Attest: P. M. SHEIBLBY, Secretary.

No. X.
RESOLUTION
Of thanks to Brevet Major General John Pope.
Resolved, by the People of Georgia, in Convention assem bled, That the administration of Brevet Major General Pope, commanding Third Military District, receives tlie cordial approval of this Convention; and we hereby tender to General Pope our hearty thanks for the wisdom, justice, and modera tion with which he has exercised the vast powers conferred upon him by the authority of the Congress of the United States. . -
Passed, December 19, 1867. J. E. PARROTT, President.
Attest: P. M. SHEIBLEY, Secretary.

RESOLUTIONS.

577

No. XL

RESOLUTIONS

To take a recess from the 23d December to the 8th January next.

Resolved, That the Convention take a recess from the 23d

day of December to the 8th day of January next--the members

not to be entitled to their per diem compensation during the

recess, but to be entitled to mileage to and from their homes.

Resolved, That the Standing Committees have leave to sit

during the said recess, and the members of such Committees

be entitled to their per diem compensation for such days in the

recess as they actually sit.

7

Passed, December 20, 1867.

J. R. PARROTT, President.

Attest: P. M. SHEIBLEY, Secretary.

No. XII.
REPORT
Of the Committee on Relief.
The Committee on Relief, to whom were referred sundry Ordinances relating to an extension of time to tax payers and Tax Collectors, having had the subject under consideration, respectfully report: That, while they regret the circumstances which cause all public burdens to be severely felt by our people, they are obliged to recognize the necessity of support ing our civil Government, and of promptly paying the interest of the public debt. They are assured that the people of Georgia are resolved to maintain the credit of the State, at every inconvenience to themselves. . Under present laws, the Governor has a discretion to suspend the collection of taxes for a limited time; and the Committee desire that this discre tion be now exercised so as to accommodate the tax payer, if

5T8

RESOLUTIONS.

it can be done without injury to public interest. -They recom mend the passing of the following Resolution':
jResolved, That the Convention request the Governor to exercise the power given him by existing laws, to suspend the collection of taxes, if, in his judgment, the same can be done without injuring the credit of the State.
Agreed to, December 19, 1867. J, E, PARROTT, President.
Attest: P. SI. SHEIBLEY, /Secretary.

No. XHI.
A RESOLUTION
To employ Clerks for the Committee .on " Privileges and Elections."
Resolved, That the Chairman of the Committee on Privileges and Elections be authorized to employ such Clerks as may be necessary in the discharge of the duties of that Committee, and that said Committee be authorized to send for persons and papers.
Passed, December 20, 1867. J. R. PARROTT, President.
Attest: P. M. SHEIBLEY, Secretary.

No. XIV.

. ,-'

,

REPORT

Of the Committee on Privileges and ^Elections.

Resolved, That the proclamation of General Pope is conclu

sive in all cases as to the votes, list 6f voters, election returns,

and persons elected. ,

Agreed to, 9th January, 1868.

""-.

J. E. PAEBXXFT, President.

Attest: P. M.! SHEIBLEY, Secretary.

KESOLTJTIONS.

579

;'* '

'

"NO. 'XV. '

*'W.-:.- ''' ' A RESOLUTION
Tendering to Major General Meade and Staff seats on the floor.
Mesolvecl, That Major Geneva! Meade and his staff be invited to seats on the floor of the Convention.
Hesolved, That a Committee of 'five be -appointed % the President to present the foregoing Resolution to Major General Meade, and to make it known to him that the Convention welcomes him to this Military District, and will take pleasure in cooperating with him (to the extent of its powers) in executing the Reconstruction Acts of Congress.
Passed, January 8,1868. J. R. PARROTT, President.
Attest: P. M. SHEIBLBY, Secretary.

No. XVI.
A RESOLUTION
Appointing a Committee to petition for the relief of certain Persons in this State from Political Disabilities.
Resolved, That the Hon. C. H..Hbpkins,.of Chatham^ia the First Congressional District, Hon. H. E. McCay, of ?Sumter, in the Second Congressional District, Hon. G: W. Ashbiirav of Muscogee, in the Third Congressional District, Hon. T. J. Speer, of Pike, in the Fourth Congressional District, Hon. B. Conley, of Richmond, in the Fifth Congressional District, Hon. Madison Bell, of Banks, in the Sixth Congressional District, and Hon. .J. L. Dunning, of Fulton, in the Seventh Congres sional District, are hereby constituted a Committee of seven; to prepare and submit to this Convention a list of names of such persons, in the State of Georgia, as are now laboring under any political disability, imposed by Acts of Congress, who have

580

RES'OLtfTIpNS.

aided and assisted in carrying Out the laws of Congress, for a reconstruction of the Government by restoration of this State to the Union, and who thereby, in-the opinion of this Conven tion, are worthy of the clemency of Congress; and that on the adoption of said list, it be forwarded to the Speaker of the House of Representatives, , and President of the Senate, with a recommendation that the said persons be restored to all the rights and privileges of citizens of the United States.
JResolved, That a Sub-Committee, consisting of the Chairman of each delegation of this Convention, .be constituted a SubCommittee, with a request that they furnish the original Com mittee with names of such persons in their several Districts as may be worthy of the clemency asked for.
Adopted, January 9, 1868.
j. R. PARROTT, President.
Attest: P. M. SHEIBLEY, Secretary.

NO. XVII.

REPORT

Of the Committee on Finance.

Your Committee beg leave to report, that, pretermiiting any

opinion as to the validity of the Constitution of 1865, or the

Acts of the General Assemblv, that existed under and by'virtue

of its authority, we beg leave to recommend the adoption of

the following resolution:

'.'

Resolved, That in the opinion of the Convention it is unwise and inexpedient to, directly or indirectly, interfere with the legislation'of the General Assembly, authorizing the issue of bonds for the purpose of paying the indebtedness of the State.

Agreed to, January 14, 1868.

J. R. PARROTT, President.

Attest: P. M. SHEIBLEY, Secretary.

'.'

BESOLXJTIONS.

581

;

NO, XVIII.

'.

A RESOLUTION

Of thanks to Major G-eneral George G-. Meade,
Resolved, That this Convention do unanimously lender their thanks to General Meade, Military Commander of the Third Military District, for the course he has pursued in regard to reconstruction. ,
Passed, January 16,1868. J. R. PARROTT, President,
Attest: P. M. SHEIBLEY, Secretary.

No. XIX. '

PREAMBLE AND RESOLUTION

In reference to the Reorganization of the State Government,

the Memoval of Political Disabilities, and the Modification,

of the " Test Oath."

'

Whereas, The Reconstruction Acts recognize the existence

of a Government within the limits of Georgia, subject to the

Military Commander of the District and the paramount

authority of Congress, under which certain officials hold office;

and whereas, the time for which said officials were elected, as

set forth in the laws allowed to operate within said limits, has

expired, and said officials hold only by reason of a failure to

provide their successors; and whereas, a great many of said

officials are hostile to, and insidiously using their influence

against, the restoration of Georgia to the Union, and by so

doing are not only, seriously retarding the work of reconstruc

tion,, but also materially affecting the prosperity of the State;

therefore,

JResolved, That the Convention do hereby request the Legis

lative Department of the Government of. the United States, to

authorize this body to declare vacant the Chief Executive office

of the State, and to fill the same, as -well as to provide for the

removal, through the Chief Executive officer of the State thus

38

..- ......

.582

EESOLUTIONS.

selected, of all persons who are hostile to reconstruction, and the filling of such vacancies by said Executive. '
Resolved, That the Convention, in justice to the friends of reconstruction under the Reconstruction Acts, do hereby request the Department aforesaid, to relieve all such of existing disabilities, that they may be eligible to fill the vacancies thus created.
Resolved, That the Convention do farther request the modi fication of the "Test"Oath," so as to admit of all persons who have aided or abetted the late war against the United States holding office therein, provided such persons heartily regret the past, and are earnestly attached to, and are determined to labor for the reunion of the States on the basis of the Reconstruction.
Acts. Resolved, That a copy of the foregoing Preamble asd Reso
lutions be forwarded by the President of the Convention t.o the President of the United States, the President of the Senate^ and the Speaker of the House of Representatives.
Adopted, January 21, 1868. J. R. PAEROTT, President.
Attest:. P. M. SHEIBLEY, Secretary.

No. XX.

A RESOLUTION

Asking the proper authorities of the United States to furnish to the people of North-east Georgia Mail Facilities.

Whereas, The people of the North eastern portion of the

State are almost entirely deprived of mail facilities, and

especially of any means of direct communication with Atlanta,

one of the principal commercial cities of the State;

Resolved, That -this Convention do recommend the reestab-

lishmeht of the tri-weekly mail route and line of hacks from

G-ainesville to Anderson C. H., South Carolina,, by way of

Homer,. Carnesville, and Hartwell.

Resolved, That the Secretary immediately forward to the

proper authority a copy of the above Resolution, with request

that the route be immediately established.

-

J, R, PARROTT, President.

Attest: P. M. SHEIBLEY, Secretary.

RESOLUTIONS.

583

No. XXI. A RESOLUTION

To appoint a Committee to wait upon Hon. J~ohn Erskine.

Resolved, That a Committee of three be appointed to inform

Hon. John Erskine, Judge of the TJ. S. District Court, who is

now in this city, that the Convention has tendered him a seat

on its floor, and to inform him that the Convention will be

pleased with his presence at his convenience.

Passed, January 22, 1868.

J. R. PARROTT, President.

Attest: P. M. SHEIBLEY, Secretary.

.

No. XXII.

PREAMBLE AND RESOLUTION

AsJdng in behalf of Southern Planters a Loan of Thirty Millions of Dollars from the United States G-overnment.

The Constitutional Convention of the State of Georgia pre

sents to the Congress of the United States the following con

siderations :

A loan by the United States Government to the impoverished

planters of the South, of a reasonable amount of United States

currency for agricultural purposes, properly guarded by mort gages, and equitably distributed among the most needy, would be of incalculable advantage to the whole country.

Such a loan would restore the productions of the South, and

give a market for the goods of the North and produce of the

West.



--..

It would at once energize the South into an honorable attempt

to compete with England--our rival in-cotton raising--and return with interest a full payment for all her zeal in fostering our late troubles, in order that she might establish her selfish

policy of producing cotton in the East to the injury of our cotton States, and thereby take commanding control of what has been the great source of our commercial prosperity as a

584

RESOLUTIONS.

people. Mortgages on real1 estate can be taken of twice the value of the money loaned.

No man need borrow more than two-thirds of what he can give good assurances will be the value of his coming crop.
The people of the South need relief. Almost destroyed by

the great conflict just over, Providence, so far, has not smiled upon the Southern planter.

In 1866 there was a short crop, from drought and other

causes. In 1867 planters planted, hoping to realize from twenty-five to thirty cents per pound on cotton. By the decline

in. market, cotton planters have failed to realize the cost of

production, and are, to an alarming extent, now comparatively

helpless for the coming crop. In proportion as the cotton

planter is unable" to plant for a large amount of cotton, will the

freedrnen necessarily suffer. The extent of suffering among

the freecunen, unless Southern planters are fostered by the Government, will be appalling to the Christian heart. The "nation's wards" cannot be better cared for than by thus pro viding for them remunerative labor upon that staple, with the production of which they are already familiar, and which yields to them the greatest reward for that service which they are best fitted, by raising, to perform.

A liberal law by Congress, as indicated, would do much to

stimulate national fraternity. -

.-

i

In view of the foregoing, be it, therefore,

Resolved, That the Congress of the United States be respect

fully petitioned to appropriate thirty millions of United States currency, to be loaned, under proper regulations, to aid in

developing the agricultural interests of needy Southern planters.

Resolved, That copies of the foregoing Preamble and Reso

lution be transmitted to the President of the Senate and

Speaker of the House,of Representatives of the United States,

with the request that they be laid before those bodies, and that copies be also transmitted to the Presidents of the Constitu

tional Conventions in the Southern States; and that we invite

the cooperation of such Conventions in this application to Congress.' ' '

Passed, February 1, 1868; J. R. PABROTT, President.
Attest: P. M.' SHBIBLET, Secretary.

>

KESOLUTIONS.

" 585

No. XXIII.
REPOET
Of the Committee, and Resolutions on the death of the Hon. G. G. Richardson, of Baldwin county.
Whereas, It has pleased Divine Providence to take from our midst, in the vigor of manhood and in the full enjoyment of the blessings of health and prosperity, as well as in the due performance of his duties as a delegate from the Twentieth Senatorial District of Georgia in the Constitutional Convention of the same, the Hon. G. C. Richardson, formerly of Dixfield, in the State of Maine; and,
Whereas, The said delegate has passed from our midst by a most unfortunate occurrence, after having for years braved death in behalf of his flag and country, and having exemplified by his acts as a soldier his devotion to the Constitution and the Union; and
Whereas, The deceased, true to his first principles, and ardent iu his desire to restore the Union, has, as a co-laborer in the work of reconstruction, zealously represented his Dis trict, and has fallen in the midst of his official labors.
Resolved, That this Convention recognize in the person of the deceased a zealous and steadfast friead, an open and manly opponent, and an earnest co-laborer in the work of restoration.
Resolved, That this Convention tender their sympathies to the relatives and friends of the deceased.
Resolved, That the Convention do wear the usual badge of mourning for a period of thirty days.
Resolved, That a copy of the above be forwarded to the immediate relatives of the deceased.
Passed, February 7, 1868. J. R. PABROTT, President.
Attest: P. M. SHEIBEEY, Secretary.

586

RESOLUTIONS.' . "

r

/

No. XXIV.

A RESOLUTION

Requesting Major General Mea.de to enforce an Ordinance

of this Convention, entitled, " An Ordinance to provide

the means of defraying the expenses of this Convention"

etc. .

.

Resolved, That the General commanding the Third Military District be requested to enforce an Ordinance of this Conven tion, passed this day, entitled, ."An Ordinance to provide the means 'of defraying the expenses of this Convention, and the compensation of officers and members."
Resolved, That copies of said Ordinance and cf these Reso lutions be transmitted . by the President. to Major General Meade, to the Provisional Governor and Comptroller General of this State.
Adopted, February 8, 1868.
J. E. PARROTT, President.
Attest: P. M. SHEIBLET-, Secretary.

No. XXV.
A RESOLUTION
Expelling Aaron A. Bradley.
Resolved, That Aaron A. Bradley,, for gross insults offered to this Convention and members thereof, be forthwith expelled from his seat in this body.
Passed, February 12, 1868. J. E. PARROTT, President.
Attest: P. M. SHEIBLET, Secretary.

RESOLUTIONS.

.

587

~No. XXVI.
A RESOLUTION
Relative to the suit in the Supreme Court of the United States by the State of Georgia.
Whereas, Some unauthorized person has undertaken to institute proceedings in the Supreme Court of the United States in the name of the State of Georgia vs. Generals Grant, Meade, and others; therefore,
JResolved, by this Convention, representing the People and sovereignty of Georgia, That no person has been empowered by the State of Georgia to commence or prosecute such suit; and that the People of Gteos-gia, as plaintiffs, will not litigate said suit, and damaad that it be dismissed from said Court.
B it further *Se$olved, That a copy of this resolution be forwarded by the President to the Military Governor of this State, with request to have the Seal of the State affixed thereto, and then forwarded to the Secretary of War.
Adopted, 14th February, 1868.
X R. PARROTT, President. Attest: P. M. SHEIBLEY, Secretary.

No. XXVII.
A RESOLUTION
To prepare and report a " Homestead."
Resolved, That a Committee of seven be appointed by the President to prepare and report, for the consideration of this Convention, a substitute for the thirty-second section of the Bill of Rights, in relation to the Homestead.
Passed, February 14, 1868. J. R. PARROTT, President.
Attest; P. M. SHEIBLEY, Secretary.

588

BESOLUTIONS.

. '

\

No. XXVIII.

A RESOLUTION

Instructing- the Disbursing Agent to pay pro recta, etc.
Resolved, That the Disbursing Agent of this Convention pay pro rata, from time to time, to the members and officers, and to the contingent expenses of the Convention,, such sums o money as he may receive from loans-.or. other sources, for th& use of this Contention, upon receiving from suefe pany inter ested ai-proper voucher for such payment.
^Passed, February 19, 1868. J. E, PARROTT, President,
Attest: P. M. SHEIBLET, Secretary.

.- .

NO. xxix.

;

PREAMBLE AND RESOLUTIONS

In regard to Imprisonment -for Deb$.
Whereas, This Convention has determined that there snail be no imprisonment for debt in this State; and, whereasf creditors are oppressing debtors, by the use of what is known as " Bail Process," and "writ of COL a.; therefore,
JResolved, That in the opinion of this Convention! said pro' ceedings are contrary to the wish of the people of this State.
Resolved, That the General commanding this District is hereby requested to protect, by order, the people of this State., frpm the evil above set forth, and that ?uch order remain* in force, until such Jime as the people have- expressed .tbeir. will in regard to the Constitution. -
Resolved, That a copy of this Preamble amd tfeese Resolu tions be transmitted to the Commanding General by the Presi dent of this Convention.
Adopted, February 19, 1868. J. E. PAREOTtj President.
Attest: P. M. SHEIBBEY, Secretary*

KESOLtmONS.

58-9

No. XXX.
A RESOLUTION
Instructing the Disbursing Agent.
Resolved, That the Disbursing Agent be authorized and instructed to pay to the Journalizing Clerk the sum of one hundred and twenty dollars; to each of the other officers and members present, or absent on leave from the Convention, the sum of seventy-five dollars ; to the Pages and. other employees of the Convention; for printing, and upon account .for inci dental expenses, such sums as the Auditing Committee shall direct; and shall pay the amount due. the late Honorable C. C. Richardson, to the date of his decease.
Passed, February 19, 186.8. 3. R. PARROTT, President.
Attest: P,. M. SHEIBLEY, Secretary.

No. XXXI.
RESOLUTIONS
From the city of Atlanta, proposing, terms for Removing the Capitol.
Whereas, There is a proposition pending before the State Constitutional Convention o.f Georgia, now in session, to locate1 the Capitol of Georgia in this city, from and after the ratifica tion of the Constitution to be adopted by said Convention--
1. Resolved, That, in consideration of the location of said Capitol, as proposed by said Convention, the City Counncil of Atlanta do hereby agree, covenant, and bind the city of Atlanta, free of cost to the State, to furnish, for the space of ten years, if needed, suitable buildings for the General Assembly, for the residence of the Governor, and for ^all .the,offices jieede<5 by such officers as ,are generally located in the State House, and also suitable rooms for the State library and for the Supreme Court.

590

EESOLUTIOKS.

2. Resolved, That we also agree to donate to the State of Georgia the Fair Grounds, containing twenty-five acres, as a location for the Capitol; and, if the location is not desired, to donate in lieu of the Fair Grounds any other unoccupied ten acres of ground in-the city that may be selected by the General Assembly as a more appropriate place for the Capitol and Governor's Mansion.

RESOLUTION
Accepting the proposition of the city of Atlanta.
JKesolv.ecl, That this Convention, in behalf of the State? hereby accepts the proposition of the city of Atlanta for the removal of the Capitol of the State to said city, and will incor porate in the Constitution of the State a provision securing said removal, and will hold, the city to a just and full compli ance with said proposition.
The General Assembly shall have power to provide for the temporary removal of the seat of government, in case of inva sion, pestilence, or other pressing emergency.
Passed, February 27, 1868. J. R. PARROTT, President.
Attest: P. M. SHEIBLEY, /Secretary.

No. XXXII.

A RESOLUTION

Of pay up to, and including the llth day of March.

JZesolved, That "the General commanding be, and he is

hereby, respectfully requested to provide for the payment of

..this Convention up to and including the 1'1'th day of ,Mareh

next.

' '"- '

"''.

Passed, February 28, 1868. .J. R. PARBOTT, President.
Attest: P. M. SHEIBLEY, Secretary.

RESOLUTIONS.

591

No. XXXIII.

A RESOLUTION

Asking aid of Congress for the Air-Line Railroad.

Whereas, The Air-Line Railroad, from Atlanta, Georgia, to

Charlotte, North Carolina, th'at is now proposed to be con

structed, being a link of the Great Southern Pacific Railroad

between the Eastern States and the Pacific coast; .therefore,

Resolved, That this Convention do most earnestly request

the Congress of the United States to make .a liberal, appropria

tion for the building of said Boad.

Resolved, That the President of this Convention be requested

to forward copies of the foregoing Preamble and Resolution to the President of the Senate and the Speaker of the House of

Representatives, with the request that they -be laid before their

bodies.

' :

Adopted, February 29, 1868.

J. R. PARROTT, President.

Attest: P. M. SHEIBLEY, Secretary. ..-_.'

XXXIV.

A RESOLUTI' ON

'

Directing the Auditing Committee to audit the accounts of Members, etc. . -

Resolved, That the Auditing Committee be directed to the several accounts of the officers, members,- and employees' of the Convention, that they may be ready for a final settlements immediately after the adjournment.
Passed, February 29, 186.8. J. R. PARROTT, President.
Attest: P. M. SHEIBLEY, Secretary.

592

RESOLUTIONS.

\
. No. XXXV. ' ,

REPORT

Of Committee on " fay of absent Members."

'We recommend that members who have been absent without

leave of- the Convention shall receive no pay for :the time they

have been absent, and that members having a general leave of

absence from the Convention shall receive pay for six days of

such absence, and no more, unless detained by reason of sick

ness of themselves or their immediate families.

We further recommend, that the Auditing Committee be

instructed- to require each delegate to subscribe to the follow

ing certificate before his account is audited:

I, ----r----, do certify, upon honor, that I have been absent

but ----days without leave,o'f the Convention, and that I have

been absent by leave of the Convention but----- days, unless

detained by reason of sickness of myself or my immediate

family. .

.

.

Passed, March 2, 186,8. j. R. PARROTT, F'resident.

Attest: P. M. SHEIBLEY, Secretary. '

-'

:

No. XXXVI.

A RESOLUTION

Instructing the Auditing Committee to issue warrants, etc.

'Resolved, That the Auditing Committee be, and are hereby,

instructed to issue warrants in lieu of the scrip, in accordance

with second section of "An Ordinance t;o provide tha means of

defraying the expenses of this Convention, and \the campensa-

tion of officers and members," adopted February 8;th, 1868;

said warrants being duly countersigned by the Disfeufsing

Agent of this Convention, arid by the Comptroll.er Gener-al, of

the State.

\ -. - ., ,

Passedj March 3, 1868.; < J. R. PARRO^RBj President.
Attest: P. M. SHEIBLEY, Secretary.

RESOLUTIONS.

93

No. XXXVII.

PREAMBLE AND EESOLUTIONS

Asking a loan of One Hundred Thousand Dollars from the

United States Treasury, to the -South^ Georgia and Florida,

JRailroad.

-:...-

.-...-.

Whereas, The people of South-western Georgia are deprived

of direct Railroad communication with the Central and North

ern parts of the State ;

And Whereas, Such communication will tend to unite the

people of the State, and to open a convenient and ready access

to the ports on the Gulf of Mexico, and in that view is an

object of material interest;



And Whereas, The completion of the South-Georgia and Florida Railroad; would establish such, communication, and this work is delayed on account of the pecuniary distress of the

country;

And Whereas, It would be eminently wise and liberal'in the Government of the United States to aid the impoverished people of the South in restoring their material prosperity;

And Whereas, This Convention has information that the

sum of one hundred thousand dollars, in addition to the resources now at hand, will suffice for the completion of said Railroad, between Albany and Thomasville; therefore,

.Be it resolved, That the Congress of the United States be respectfully requested to authorize a loan from the Treasury of

the United States, of the sum of one hundred thousand dollars, to the South-Georgia and Florida Railroad Company, on such terms as will be reasonable to the-Company and safe to the

Government.

. .. .

_

. " Resolved, That a copy of the foregoing: Preamble and Reso lution be transmitted to the President of the Seriate and Speaker of the House of Representatives of the /United States, with a request that they be laid before their respective bodies.

Adopted, March 6, 1868. .

'



J.. R. PABROTT, President.

.Attest: P. M. SHEIBLET, Secretary.

594

RESOLUTIONS.

No. XXXVIII.

A RESOLUTION '

Of thanks to Major General George G.Meade.

.Whereas, The Georgia Constitutional Convention is now about to conclude its deliberations ; be it, thereforej

Resolved, That the, thanks of ,this body are dqe, and are

hereby tendered, to Major General George G. Meade,. Com

mander Third Military District, for his" hearty cooperation in

all our labors, and r for -his uniform courtesy in his official

correspondence with this body, ,as well as his marked kindness

manifested in his private intercourse with the various members

of this Convention.



,- Resolved, That a copy of this Preamble and Resolution be

furni;s'aed to :the Major General Commanding Third Military

District, signed by the President and Secretary pf this Con

vention.

. Passed, .March 1, 1,868.

;

\. ' .

J. R. PARROTT, President.

Attest: P. M. SHEIBLEY, Secretary^

.

._

No. XXXIX.

... ..' ".. -.,-,,. ,A RESOLUTION ....,"

Of Instruction 4o. the .Secretary.

Resolved, That the Secretary be'instructed' to'

to .Major General Meade the action of the Convention;, on yes terday, in rescmdmg'the Resolution passed onJPridaiy, requfring the redemption ^of scrip-or warra'nts -by the Tax Collectors- ia

the sevefahc'ounties of this State;' "

Passed', Ma'rcHiO, 1868. ' '

.

_ . -- ." ' '"' '

J. R. 'PA'R'lOTTi President.

Attest: P. 'Mt-'SfeffipBLfiT?,' Secretary.

j \

RESOLUTIONS.

595

No. XL.

,,
f :

RESOLUTIONS
'

j.
I. .
j

Of Disbursing Funds, etc.

.

;.

.

.'.'

Whereas, It is ascertained that there will be on hand, to-

j

niorrow morning, fifteen thousand' dollars for, the tise of the

j

Convention; Be it, therefore,

'

I

Resolved^ That the Disbursing Agent pay to the President,

\

Secretary and Journalizing Clerk one hundred dollars each,

and to each of the members of this Convention seventy-five

i

dollars, and the balance of said fund be paid pro rata to the

i . other officers'of this Convention.

'I

' Resolved, further, That the balance, of all the expenses ,of

i

this Convention, to-wit: the pay of members and officers,

j

together with all contingent expenses, be. settled-.up in scrip 'or

!

warrants by the Disbursing Agent and Auditing Committee.

Passed, March 10, 1868.

J. R. PARROTT, President.

Attest: P. M. SHBIBLET, Secretary.

No. XLL

A RESOLUTION

. To print fifteen hundred copies of ike Journals.

Resolved,,, That the Printing Committee be authorized to

have jmbiisKed"fifteen1 " hundred "copies'of thei Journal's' of this

Convention, in pamphlet, form, for distribution.

Passed, March 10,' 1868. "";''' ' ' ; ' ; ' . .

',

.'

J. R. PARRGlTT, President.

Attest; P. M. SHSiELEY,-^eereter^. ', -'.

596

RESOLUTIONS.

No. XLIL
REPORT ,
Of the Committee on ff Finance."
The Committee on Finance have had under consideration the subject of extra-compensation for the Secretary, Assistant Sec retary, and Journalizing-Clerk, and, also, the compensation of the Hon. 1ST. L. Angier, for services as Disbursing Agent of the Convention, and recommend the adoption of the following .Resolution :
Resolved, That the Secretary, Assistant Secretary, and Jour nalizing Clerk of this Convention, be allowed four hundred dollars (in scrip or warrants) each, as extra compensation for extra services; and that the Hon. N. L. Angier be.allowed the sum. of three hundred dollars, as -compensation for his services as Disbursing Agent of the Convention; and that the Chair man of the Auditing Committee be instructed to audit said accounts.
Passed, March 10,1868. j. R. PARROTT, President.
Attest-: P. M. SHEIBLEY, Secretary.

No. XLIII.
REPORT AND RESOLUTIONS
Of the-Hon. George W. AsJiburn on Removing Disabilities,
Whereas, The strength of a Republican Government is best promoted, and its principles maintained, by the broadest plat form of enfranchisement; and
Whereas, Portions of Georgia's citizens are under political disabilities, which debar them from exercising the highest privilege of American citizenship--that of the elective fran chise ; be it, therefore,
Resolved, That this Convention do request the Congress of the United States to enact or pass such laws as will remove

RESOLUTION'S.

597

the political disabilities frpin all the citizens of Georgia; and be it further
Resolved, That a copy of this Preamble and Resolution be forwarded to the President of the Senate and Speaker of the House of Representatives.
Passed, March 11, 1868. J. R. PARROTT, President.
Attest: P. M. SHEIBLEY, Secretary.

No. XLIV.
A RESOLUTION
Requesting General Meade to enforce certain provisions, of the Constitution, lohich provide for the "Relief" of the People.
Resolved, That the Commanding General of the Third Military District be requested, by General Order, to require the Courts and officers of the Provisional Government of the State of Georgia, until the State is fully restored to its regular relations to the United States, and the State organization is in full operation, to enfofce and carry out the provisions of this Constitution for the relief of the people, to-wit:
Section eighteen of the Declaration of Fundamental Princi ples, abolishing imprisonment for debt.
Section seventeen of Article five, in relation to the jurisdic tion of the Courts.
Article seven,.in relation to homesteads and exemptions. And the Secretary of this Convention is instructed to furnish to the Commanding General a certified copy of the above portion of the Constitution and this Resolution. Passed, March 11, 1868.
J. R. PARROTT, President. Attest: P. M. SHBIBLEY, Secretary.
39

598

KESOI/UTIOJ5TS.

No. XLV. "

-

. ' A RESOLUTION

Of per diem to the late Son. C. G. Richardson,
Resolved, That the late Hon. C. C. Richardson be allowed his per diem for the whole session of this Convention.
Passed, March 11, 1868. .1. R. PARR.OTT, President.
Attest: P. M. SHEIBLEY, Secretary.

No. XLVI.

A RESOLUTION

Appointing a Committee to recommend to the consideration of Congress certain measures of this Convention.

Resolved, That the Honorables Poster Blodgett and J. R.

Parrott be, and they are hereby, constituted a Committee to

visit "Washington, and present the list of names recommended

for relief from disabilities, as well .as to commend to the

favorable consideration of Congress our measures of relief, and

that the sum of f300 each be appropriated -to defray their

expenses. '.



. * .

Passed, March 11, 1868. .

J. R. PARROTT, President.

Attest: P. M. SHEIBLEY, Secretary.

No. XLVII.
RESOLUTION
Of thanks to the. President of the Convention.
Resolved, That the thanks of this .Convention are hereby tendered to the President, for the.able and impartial manner in which he has discharged the arduous and difficult duties of his office,
Adorned, March 11, 1868. J. R. PARROTT, President.
Attest: P. M. SHEIBLEY, Secretary,

RESOLUTIONS.

599

No. XLVIII.
EESOLUTION"
Of thanks to the Secretary and his Assistant.
Mesolved, That the unanimous thanks of this body are hereby tendered to Hon. P. M. Sheibley, Secretary, and A. E. Marshall, Assistant Secretary, of this Convention, for efficient services and their uniform courtesy, not only to the Convention, as such, but to the individual members composing it.
Adopted, March 11, 1868.
J, E. PAREOTT, President.
Attest: P. M. SHEIBLEY, Secretary.

, No. XLIX.
EESOLUTIOlSr
Of thanks to the Journalizing Vlerls.
liesolved, That the thanks of this Convention are due, and are hereby tendered, Jackson T. Taylor, the able Journalizing Clerk of this Convention, for the very efficient manner in which lie has discharged the laborious duties of his station.
Adopted, March 11, 1868.
J. E; PARROTT, President. Attest: P. M. SHEIBEEY, Secretary,

600

MILITARY ORDERS.

MILITARY ORDERS,

HEADQUARTERS THIRD MILITARY DISTRICT,)

(Department of Q-eorgia, Florida, and Alabama.)

j-

ATLASTA, GEORGIA, January 16.1868. )

GENERAL OR'DEHS No. 11.

I. WHEREAS, The Constitutional Convention of the State of Georgia, now in session in this city, adopted on the 12th day of December, 1867, the following Preamble and Ordinance:

AN ORDINANCE to grant temporary relief to the People of Georgia.

WHEREAS, The question of affording some relief to the people of

Georgia from the burden of indebtedness which is now oppressing them,

is likely to be acted upon by this Convention at some future day; and,.

WHEKEAS, Large amounts of property are now levied on and about to

be sacrificed at Sheriff's sale; and.

WHEREAS, The, debtors, in such cases, should be entitled' to the benefits

.which may be conferred on other debtors by the future action of this

Convention; therefore,

.

' Be it ordained by ilie People of Georgia, in UoTiventioh assembled, and it is

Tiereby orddined-by authority of the same, That from and after the .passage

of this Ordinance, all levies-which have been or maybe made, under

execution .issued from any Court of this State,'shall ie' suspended until

this Convention shall have taken, or shall have, refused to ttake, final

action upon, the matter of relief; and that all sales unclear execution in

violation of this Ordinance-shall be null, void, and of no effect.

*

Adopted, 12th December, 1867.

'.

II. Therefore, by.virtue of the plenary powers vested by the Recon

struction Acts of Congress in the Commanding General of the Third

Military District, and for the temporary relief of the people of Georgia,

It is ordered. That said Ordinance shall, from this date, be deemed to

have taken effect in said State, and shall continue in full- force and validity

until said Convention shall have taken, or -refuse to take, final action

upon the matter of relief, or until further orders from these Headquarters.

Provided, That this order shall not apply to executions issued, or to be

issued on judgments in favor ^of laborers or mechanics for services

rendered since July 21st, 1865, nor to executions for the collection of taxes.

By order of Major General Meade.

R. 0. DRUM,

Official,

Assistant Adjutant General.

MILITARY ORDERS.

601

i

Y,f

"

. HEADQUARTERS THIRD MILITARY DISTRICT,)

Department of ffeorgia, Florida, and Alabama.)

V

ATLANTA, GEORGIA, February 14,1868. )

:

' GENEBAL OBDEBS No. 24.

:

I. WHEBEAS, The. Constitutional Convention of Georgia, now in

|

, session at Atlanta, on tile 8th day of February, 1868, enacted the -follow-

|

ing Ordinance:

'

j

- AN ORDINANCE to procure the means of defraying the expenses of this

Convention, and the compensation of'.Officers and Members.

' i' !
\ 1. 1 I i ; i

SECTION I. He-it ordained dy ike People of ffeorgia, in Convention assem

bled, That an Ordinance of' this Convention, passed on the twentieth

(20) day of December, in the year 1867, entitled, "An Ordinance! to levy

and collect a tax to pay the Delegates and Officers connected with the

Convention, as well as all other incidental expenses," except the second

Section thereof, is .hereby rescinded, and the following is ordained in lieu

thereof,, to-wit: '

."

That it shall be the duty of the Comptroller Generar of the State of

Georgia to levy and assess a tax of one-tenth of one: per cent, on all the

taxable property of this State as returned upon the digests for' the year

1867, for the purpose of defraying the expenses of this,Convention and

thd compensation of Officers and Members thereof. And it shall be the

duty .of tie Tax Collectors, in the several counties of this State to collect

the tax so assessed, and to pay the same to the Comptroller General on or

before the first day_ of May, 1868. And it shall be the duty of the several

Tax Collectors to issue executions against all persons subject to taxation

under this Ordinance, whose tax is unpaid after twenty days notice to

pay it, for the am'ount of tax due by them, and fifty per centum tliereon

and all costs;'and of Sheriffs, and Constables'to levy and ; sell under such

executions, and to return the proceeds to the Tax Collectors, as soon as

the same can be done under the provisions of existing laws.

SEC. 2. Be it further ordained', That, any scrip, which may'be issued .by

the authority of this Convention for the purpose aforesaid, shall be

receivable by the Comptroller General from the Tax Collectors in

payment of the tax aforesaid.

'

v

SEC. 3. Be it further ordained, That the Tax Collectors shall receive

the same per cent, for collecting the tax aforesaid-- as they are now allowed

by law for collecting the State -tax. .

SBC. 4. Be it further ordained, That the Comptroller General shall

issue to the Tax Collectors all necessary orders: for the collection, and

payment of the tax aforesaid; which'orders shall be binding upon said

Tax Collectors.

''



'" ' '

SEC. 5. Be it further ordained, Thatthe moneys and scrip received, by

the Comptroller General under this'Ordinance be paid by him into the

Treasury of'this State, to be disposed of as-this Convention shall" hereafter

direct.

"

II. Therefore, by virtue of the plenary powers vested''by the Acts of

Congress in the Commanding General of the Third Military District, It

'

is ordered, That all^of said Ordinance, .except what is contained in

Sections,2 and 5, is. approved and'directed to be carried into execution

:,

and it is hereby enjoined on the Provisional Governor, Comptroller Gen

eral, and Secretary of State, Tax Collectors, Sheriffs, and all others, to

.give due and prompt re'spect to the requirements of this order, and to the



collection of the special tax provided for in the aforesaid Ordinance.

602

MILITARY OEDEKS.

III. In lieu of sections 2 and 5 of the aforesaid Ordinance, the Provi sional Governor of said State is herewith authorized to issue in advance of

the collection of the special tax, scrip in such sums as may be deemed

the most convenient, and not to exceed in amount Fifty Thousand Dollars.

IV. The scrip herein authorized to be issued, shall be made receivable

in payment of the special tax; shail be paid out of the.Treasury only for the pay and expenses of the Convention, and so much as shall not be received in payment of the special tax, shall be redeemed out of the

proceeds of said special tax when collected.

By order of Major General Meacle.

OJfieial.

R. C. DRUM, Assistant Adjutant General.

HEADQUARTERS THIRD MILITARY DISTRICT,)

(Department of ffeorgia, Florida, and Alabama.)

v.

-ATLANTA, GEORGIA, February 23d, 1868. }

GENERAL OKDBBS No. 27.

I. The Constitutional Convention of the State of Georgia, now in session in the city of Atlanta, adopted on the 19th day of February, 18,88, the following Preamble and Resolutions :

WHEREAS, The Convention has determined that there shall be no imprisonment for debt in the State, and whereas, creditors are oppressing debtors by the use of what is known as " Bail Process" and writ of ca. sa., Therefore,
Resolved, That in the opinion of this Convention, said proceedings are contrary to the wish of the people of this State.
Resolved, That the General Commanding this District, is hereby re quested to protect, by order, the people of this State 'from the evil above, set forth, and that such order remain in force until such time as the people have expressed their will in regard to their Constitution.

II. Therefore, by virtue of the plenary powers vested by the Recon struction Acts of Congress in the Commanding General of the Third Military District, and for the purpose of giving effect to the wishes of the people of Georgia, as expressed by the delegates in Convention,

It is ordered, That imprisonment for debt is prohibited Jn the State of Georgia, and hereafter no bail process in civil cases or writ of. ea. set,, shall be issued out of any of the Courts of this State.

III. Every person now in prison in this State under any sueh.process or writ, will be immediately discharged from prison.

IV; This order to remain- in force until the people of Georgia shall express their will in the manner provided by the Acts of Congress in regard to the Constitution to .be submitted Ho them by the said Constitu tional Convention, or until further orders'from these Headquarters.

By order of Major General Meade, Official.

R. C. DRUM, Assistant Adjutant General..

MILITAEY OEDEES.

603

HEADQUARTERS THIRD MILITARY DISTRICT,)

(Department of Georgia, Florida, and Alabama.)

L.

ATLANTA, GEORGIA, March 9, 1868. )

GENERAL OBDBES No. 85.

To insure the collection of the special tax provided for in an Ordinance

of the Constitutional Convention of the State of Georgia, passed on the

8th,day of February, 1868, within the time specified; it is hereby required

and directed that all owners of property, or their agents, shall, between

the 20th of April and the 1st of May,' 1868, pay to the Tax Collector, at

such points in the county in which the property is located as the. collector

may designate, the tax due on the property owned or represented by them.

All property on which the aforesaid tax remains unpaid at the latter date

(May 1st, 1868), will be levied on by the Tax Collectors, in accordance

with the provisions of the Ordinance.

Collectors of taxes will, without delay, designate the points in their

respective counties at which they will meet the tax payers, specifying the

date at which they will be at each place.

By order of Major General Meade.

E..C. DRUM,

Official,

-

Assistant Adjutant General.

HEADQUARTERS THIRD .MILITARY DISTRICT,}

'. (Department of-Georgia, Florida, and Alabama.)

\

ATLANTA, GEORGIA, March 12,1868. )

GENERAL ORDERS No. 37.

WHEREAS, A duly certified copy of the following Resolution and sections of the Constitution of the State of Georgia, as adopted by the Constitutional Convention of said State, at Atlanta, March llth, 1868, has this day been delivered to the Commanding General:

I. A RESOLUTION requesting General Meade to enforce certain provisions of the Constitution, which provide for the relief of the people.
Resolved, That the Commanding General of the Third Military District 'be/requested, by general order, to require, the Courts and officers of the Provisional Government of. the State of Georgia, until the State is fully restored to its regular relations to the United States, and the State organization is 'in full operation, to enforce and carry out the provisions of this Constitution for the relief of the people, to-wit:

ARTICLE IsT-DECLARATION OF FUNDAMENTAL PRINCIPLES SECTION XVIIL
There shall be no imprisonment for debt.

ARTICLE STH--JUDICIARY. SECTION XVII.
I. No Court in this State shallhave jurisdiction to try or determine any. suit against any resident of this State upon any contract or agreement made or implied, or upon any contract made in renewal of any debt

604

MILITARY OfeDEES.

>
existing prior to the first day of June, 1865. Nor shall any Court or ministerial officer of this State have, authority to enforce any judgment, execution, or- decree, rendered, or issue.d upon any contract oi1 agreement made or implied, or upon any contract in renewal of a debt existing prior to1 the first day of June, 1865, except in the following cases: .

1. In suits against trustees, where the trust property is in the hands of

the trustee, or has been invested by him in oilier specific effects'now in

his hands, and in suits by the vendor of real estate against the vendee,

where not more than one-third of the purchase money has been paid,

and the vendee is ia possession of the said land or specific. effects for

which he has sold, it, and he refuses to deliver the land or said effects

to the vendor. In such cases the Courts and officers may" entertain

jurisdiction and enforce judgment against said trust property, or land, or

effects. -

'

..

2. In'suits for the benefit of minors by trustees appointed before the

first day of June, 1865.

,:

3. In suits against corporations in their corporate capacity, but not so

as to enforce the debt against the stockholders or officers thereof in their

individual capacity.

.

.

4. In suits by charitable or literary institutions .for money loaned,

property (other than slaves) sold, or services rendered by such insti

tutions.

-,

. '

5. In suits on debts due for mechanical or manual labor, when the suit

is by the mechanic or laborer.

6.. In cases when the debt, is set up by way of defence, and the. debt set

up exce_eds any debt due by defendant to plaintiff of which the Courts are

denied jurisdiction.

7. In all other cases in which the "General Assembly shall, by law, give

the said- Courts and officers jurisdiction: Provide^, That no Court or

officer shall have, nor shall, the General Assembly'give.,! jurisdiction or

authority, to try or give judgment on, or enforce any debt,'the considera

tion of which'was a slave or slaves, or the hire thereof.

II. All contracts made and not executed during the late rebellion,,

with the intention and for the purpose of -.aiding and encouraging said

rebellion, or where, it was the purpose and intention of any one of. the

parties to such contract to aid. or eijcqurage-such rebellion, and that fact

was known to" the other party, whether said contract was made by any

person or corporation with the State or. Confederate States, or by*'a

corporation with a natural person, or between two or more, natural

persons, are hereby declared to have been, and to be illegal; and' all bonds,

deeds, promissory notes, Mils, or other evidences of debt, made or

executed by the parties to such contract, or either of them, in connection

with>such illegal contract, or as the consideration' therefor, or m.&rtlier-

ance thereof, are hereby declared null and voidi and-shall be so'held in

all Courts in this State when attempts shall be nia<fe to enforce any-

such contract, or give validity to any such obligation or evidence of

debt. And in all cases where the, defendant or any one interested-in.

the event of the suit, will make a plea, supported by his or her affidavit,

that he or she "has reason to believe that the obligation or evidence of

indebtedness upon which the suit is predicated, or some part thereoff

has been given or used for the illegal purpose aforesaid, the burden of

proof shall 'be upon the plaintiff to satisfy the Court and the jury thai

the bond, deed, note, bill, or other evidence of indebtedness upon,

which said suit is brought, is, or are not, nor is any part thereof, founded:

upon, or in any way connected with any such illegal contract, and has.

not been used in aid of the rebellion, and the date of sucft bond, deed,,

note, bill, or other evidence of indebtedness, shall not be evidence that it

has, or has not, since its date, been issued, transferred or used in. aid" of

he rebellion.

--

' "^

MILITARY ORDERS.

605

ARTICLE VT^HOMESTEAD AND .EXEMPTION.

SECTION I.. .

I. Each head of a family, or guardian, or trustee of a faintly of minor children; shall be 'entitled to a homestead bf realty to the value Of two thousand dollars in specie, and personal property -to the value, of one thousand dollars in specie, both to.'be valued at the time they are set apart. And no Court, or ministerial officer in this State,' shall ever, have jurisdiction or authority, to enforce, any judgment, decree, or execution against said property so set- apart .(including such improvement as may be maale thereon,- from time to lime) except for -taxes, money borrowed and expended in the improvement of the homestead, or for the purchase money of the same, and for labor done thereon, or material furnished therefor, or remo.val'of encumbrances thereon'. And it shall be the duty of "the General Assembly, as early as practicable,-to provide, by iaw,. for the setting apart and valuation of said property, and to enact laws for the full ancl complete protection and.security.of the. samejto the sole use and benefit of said families as aforesaid.

II. All property of the wjf'e, in her possession at the time of her

marriage, and air property given Jo, inherited, or acquired by-her, shall

remain her separate property, and not be'-liable for the debts of her

husband.

..

.

II. Therefore, by --virtue .of the plenary powers vested by the recon

struction Acts of Congress in the Commanding General of the Third

Military District, and-for the purpose of giving temporary effect to the

wishes of the people of Georgia, as expressed by their delegates in Con

vention, . .

'-

,

;

It is ordered, That the foregoing sections of said Constitution, shall,

from this date, be deemed to have taken effect, and,to be in full force in

the State of Georgia, and shall continue in full force and validity until

further orders from these Headquarters.

III. The Courts and officers of the Provisional Government of said

State, and all the municipal and other officers'-in the same, are hereby

required to enforce' and carry out the above provisions for the relief of

the people of the State of Georgia, N - '

IV. General Orders No. 11, issued from' these Headquarters, January-

16th, 1868, are hereby rescinded, as are also General Orders No; 21, issued

February 1st, 1868, so far as the same relate to said General Orders No. 11.

By order of Major General Meade.

-

- Official.

'

.

.

R. C. DBUM,.

Assistant'Adjutant General.

HEADQUARTERS THIRD MILITARY DISTRICT,)

(Department of Georgia, Florida, and Alabama.)

V-

ATLANTA, GEORGIA, March 13,1868. )

G-ENEBAL OKDEKS No. 38.

x

'

I. WHEHEAS, The Constitutional Convention of the State of Georgia, on the 3d day of March, 1868, adopted the following Resolution:

A.RESOLUTION providing for the issuing warrants in lieu of scrip.

Resolved, That the Auditing Committee be, and are hereby, instructed; to issue warrants in lieu of the scrip, in accordance with section -2d of-an

606

MILITARY ORDERS. . ' -

Ordinance to provide the means of defraying the expenses of this Conven tion, and the compensation of officers and members, adopted February 8th, 1868; said warrants being duly countersigned by the Disbursing Agent of this Convention, and by the Comptroller General of the State.

II. Therefore, it is ordered, That paragraphs 2 and 3 of GeneralOrclers.

]Sfo. 24, current series, authorizing the issue of scrip, and making the

same receivable in payment of the special tax, is hereby rescinded and

revoked.

III. In conformity with the wishes of the Convention, the Provisional

Comptroller .General of the State is authorized and directed to countersign

the warrants issued in accordance with the above Resolution, and the

Provisional Governor and Treasurer are ordered to pay the same out of

the proceeds of the special tax levied by the Convention, after the Treasury

has been reimbursed of the advances made to the Convention, or of such

portion of such advances as may, in the judgment of the Provisional

Governor, be necessary to meet the immediate wants of the State; and

said warrants are not to be received by Tax Collectors, nor will they be

received at the Treasury in lieu of money collected for taxes.

By order of Major General Meade.

R. C. DKU3VI,

Official.

. . Assistant Adjutaal General.

HEADQUARTERS THIRD MILITARY DISTIRCT, (Department of Georgia, Florida,-and Alabama.) ATLANTA, GEORGIA, March 14,1868.
GENERAL ORDERS No. 39.
I. WHEREAS, The Constitutional .Convention of the .State of Georgia, which assembled in Atlanta, in compliance with General Orders No. 89, issued from these Headquarters, November 19, 1867, did, in pursuance of the Acts of Congress specified in said General Orders, proceed to frame a Constitution, and civil government -for the State of Georgia, and provide for the-publication of said Constitution; and did further, by an Ordinance of said Convention, adopted March llth, 1868, submit for ratification to the persons in said State registered and to be registered as voters under the Acts of Congress aforesaid, at an election to begin on the 20th day of April, 1868, and to be kept open, from day to day, at the discretion of the General Commanding, at such places as may "be desig nated by him.
II. AND WHBEEAS, By an Act of Congress which became a law March 12th, 1868, it is. provided that, hereafter, any election, authorized by the Acts of Congress aforesaid, shall be decided by a majority of the rotes actually cast; and at the election, in which the question of the adoption or rejection of any Constitution is submitted, any person duly registered in the State may vote in the election district where he offers to vote when he has resided therein for ten days next preceding such election upon pre sentation of Mseertificateof registration, his affidavit, or other satisfactoryevidence of registration, under such regulations as the District Com mander may prescribe.

MILITARY ORDERS,

607

III. AND WHEREAS, said Acts of Congress provide that the election for ratification of said Constitution shall- be conducted by the officers or persons appointed or to be appointed by the Commanding General, and" at the date fixed by said Convention:
IV. It is ordered, That an election be held in the State of Georgia, com mencing on Monday, the 20th day of April, 1868, and continuing four days, at which the registered voters of said State may vote for or against the Constitution submitted to them by the Ordinance aforesaid. Those voting in favor of the Constitution shall' have written or printed on their ballots the words, " For the Constitution," and those voting against the Constitution shall have written or printed on their ballots the words, " Against-the Constitution."
V. It shall be the duty of the Boards of Registration in Georgia, in accordance with said Acts, commencing fourteen days prior to the election herein ordered, and giving reasonable public notice of the time and place thereof, to revise, for a period of five days, tlie registration lists, and upon being satisfied that any person not entitled thereto has been registered, to strike the name of such person from the list, and such person shall not be allowed' to1 vote. And such Boards shall also, during the same period, add to such registry the names of all persons who, at that time, possess the qualifications required by said Acts, who have not been already registered.
In deciding who are to be stricken, from or added to the registration lists, the Boards will be guided by the Acts of Congress relating to reconstruction, and their attention is especially called to the' Supplemen tary Act, which became a law July 19,1867.
VI. Said election shall be held in each county in the State under the superintendence of the Boards of Registration, as provided by law, and polls will be opened, after due and sufficient notice, at as many points in each county, not exceeding three, as, in .the opinion of said Boards, may be required for the convenience of voters. And in any city, or other place, where there is a large number of voters, it is hereby made the duty of said Boards to open as many polls as may be necessary to enable the voters to cast their votes without unreasonable delay.'
VII. Any person duly registered in the State as a voter, may vote in any county in the State where he offers to Vote, when lie has resided therein for ten days next preceding the election. When he offers to vote in the county where he was registered, and his name appears on the list of Registered voters, he shall not be subject to question or 'chal lenge, except for the purpose of identification, or as to residence. And any person so registered, -who may have removed from the county in which he was registered, shall be permitted to vote in any county in the State to which he has removed, when he has resided therein for ten days: next preceding- the election, upon presentation of .his certificate of registration, or upon making affidavit before a member of the Board of Registration, or a Judge or Manager of the election, .that he is regis
tered as a voter, naming the county in which he is so registered; that lie has resided in the county where he offers to vote for ten days next

608

MILITARY ORDERS.

\

preceding -the election, and that he has not voted at this .election. Blanks

for such affidavits will be supplied by,the Boardsof Registration, -and- the

name of the voter making oath must be endorsed on his ballot, and all

such affidavits must be forwarded with the returns of the election..

VIIL, The polls shall be opened at each voting place, during the days of

election, at 7 o'clock a. in., and close at 6 o'clock p. m., and shall be kept

open, between those hours, without intermission or adjournment.

IX. All public barrooms, saloons, and .other places for the sale of liquor

at retail, at the several county seats, and at other -polling places, shall be

closed from 6 o'clock of the evening preceding the election, until 6-

o'clock of the morning after the last day of the election. Any person

violating this order shall be subject to flneor imprisonment. Sheriffs and

their deputies and municipal officers will be held responsible for the strict

enforcement of this prohibition by the arrest of all persons who may

transgress the same.

...

,

X. The Sheriff of each- county, is hereby required to be present at the

county seat, and to appoint deputies to be present at each polling place

in his county, during.the whole time that the polls are kept open, and

until, the election is completed, and is made responsible that no inter

ference with the judges of election, or other interruption of good order

Shall occur. And any Sheriff, or Deputy Sheriff, or other civil officer

failing to perform with energy ,and good faith the duty required of him

by this order, will, upon report made by the Judges.of the election, be

arrested and dealt with by military authority, and punished by fine or.

imprisonment.

XI. Tlie Commanding Officer of the District of Georgia, will issue,

through the Superintendent of Eegistration for this State, such detailed

instructions as may be necessary to the conduct of said election in con

formity with the Acts of Congress.

XII. The returns required by law to be made of the results of said

election to the Commanding General of this Military District, will be.

rendered by the persons appointed to superintend the same through the

Commanding Officer of .the District of Georgia, and in accordance with

the detailed instructions already referred to..

"

XIII. No person who is a candidate foi office at said electiou'shall act

as a .registrar, judge, inspector, manager, clerk, or in any other official

capacity connected with conducting the election.

XIV. Violence, or threats of violence, or any oppressive or fraudulent

means employed to prevent every person from exercising the right of

suffrage, is positively prohibited, and every person guilty of using the

same shall, on conviction thereof before a Military Commission, be pun

ished by fine or otherwise.

XV. No contract or agreement with laborers made for the purpose of

controlling their votes, of of restraining them from voting, will be per

mitted to .be enforced against them in this District. .

By order of Major Gen-a-al Meade.

'R. C. DRUM,

Official.

' Assistant Adjutant, General.

MILITARY ORDERS.

609

HEADQUARTERS THIRD MILITARY DISTRICT,)

(Department of Georgia, ff-lonaa, and Alabama.) . I

ATLANTA,. GEORGIA, March. 15,186& )

GENERAL OKBEKS'NO. 40.

''



I. WHEREAS, The Constitutional Convention of the State of Georgia,

recently in session in this city, did, on the 10th "day.of March, 1868, adopt

the following Ordinance, to-wit;,

,

AN OKDINAITCE to provide for the election of civil officers,

WHBBEAS, All the civil officers of the State "are only provisional until this State is represented in Congress;, And whereas, the interest of Georgia requires that all the civil offices should foe filled by loyol citizens, according to the provisions of "the Constitution being-framed by this Convention, at the earliest practical moment, and for the purpose of aSvtaotied,ing any unnecessary delay or loss o'f t ime, and- usel. ess- expe'nse, to the
It is ordained, That an election be held, beginning on the twentieth day of April, 1868 (at such places as maybe, designated by the Command. ing General of .the District), for voting on ratification of the .Constitution., for the election of Governor,, members of the General Assembly, Repre sentatives to the Cbpgress of the United States, an'd all'other' officers to be elected as "provided iri this Constitution; and said ele'ctiOn to be kept open from day to day at the discretion of the General Commanding.
And at said election on the ratification of the Constitution, and for Governor, members of Congress, members of the. General Assembly, and all other civil officers, the qualifications for voters shall be the same as prescribed by the Act of Congress, known as the Sherman Bill, for .voters at the election- on the ratification of the Constitution, and at all elections under the provisional government. And Major General Meade is respectfully requested to give the necessary orders to cany into effect the foregoing provisions, and cause due returns to be .made and certificates' of election t6 issue by the proper officers. And be it further ordained, That the regulations established by Congress for voting upon the ratification of the Constitution and for voting at elections Under the Provisional Government, shall apply to the election of officers as aforesaid, and the persons so elected or appointed, shall enter upon the . duties of the several offices to which they have been respectively elected when authorized so to do by Acts of Congress or the order of the General Commanding, and shall continue in office till the regular succession provided for after the year 1868, and until successors are elected and qualified, so that said officers .shall each of them hold their offices as though they were elected on Tuesday after the first Monday in November, 1868, or elected or appointed at the General Assembly next thereafter, and the rules for conducting and making the returns thereof, shall be the same as shall be prescribed by the Commanding General for the elections and returns on the ratification of the Constitution. But this Ordinance shall not apply, to Justices of the Peace ,who shall be elected, at such time as shall be provided for by the first General Assembly, until otherwise provided by law.
Upon any voter being challenged he shall take the following oath: "You do solemnly swear (or affirm) that you have been duly registered agreeably to the Acts of Congress; that you have not prevented, or 'endeavored to prevent, any person from, voting at this election; that if the Constitution upon which the vote is now being taken is ratified, that you will truly and faithfully support it. So help you God."

II. AND WHEREAS, by an Act of Congress, which became a law March 12, 1868, it is enacted, that the Constitutional Convention of any of the

610

MILITAEY ORDERS.

States mentioned in the Eeoonstruetion Acts may provide that, at the

time of voting upon the ratification of the Constitution, the registered

voters may vote also for members of the House of Representatives of the

United States, and for all elective officers provided for by said Consti

tution.

III. It is ordered, That at the same time and places, at wMcli it is

ordered by General Orders No. 89, dated March 14,1888, that an election

shall be held in the State of Georgia upon the ratification of the Constitu

tion submitted by said Convention, an election shall also be held in said

State for a Governor thereof, members of the General Assembly, Repre

sentatives to the Congress of the Uniied States, and all other officers to be

elected as provided for in said Constitution.

IV. Said election shall be conducted by the same persons, in the same

manner, and the returns thereof shall be made as is provided, in said

General Orders for conducting and making returns of the election on .the

..ratification of the Constitution.

V. The regulations established by Congress for voting upon the ratifi

cation of the Constitution, and for voting at elections under the Provisional

Government, shall apply to the election of the ogjcers aforesaid, and all

persons who, under the Acts of Congress, may be entitled to vote on said

question of ratification, may vote at the election of said officers, and none

others may vote at said election.

.

VI. No certificate of registration, affidavit, oath, or other evidence of

qualification to vote shall be required at this election than such as

may be required according to the provisions of General Orders No. 39, at

the election-on the ratification of the Constitution.

By order of Major General Meade.

B. C. DRUM,

Official

-

Assistant Adjutant General.

MEMBERS OF THE CONVENTION".

611

MEMBERS OF THE LONYENTION.

NAME.

COUNTY.

POST OFFICE-

NATIVITY.

NYOEOAFItS. GIBNpRQIA.

'OVTOHNTKIC CONSTITUTION.

1

Joseph Adkins ....... -Warren ....... "Warrenton .......... Warren County . . 53.. Tea

A.T, Akerman. . ..... Elbert......... Elberton. ........ 4..... New Hampshire . 224..'.

Robert Alexander . . . Clay........... Fort Gaines .......... North" Carolina . .

Tea

Isaac H. Andersoun. . Houston ....... Fort Valley..........; Monroe County. . 34:.. Tea

Fulton. ........

New Hampshire . 2R

D.P.Baldwin.. ... ,. Taliaferro...... Crawfordsville ........ Ohio.. .......... 3.. Yea James C. Barton... . . , Clarke.. ....... Watkinsville ........

J.R. Bell ...........

Virginia. ......:. P8 Ye.a

Madison Bell. ........ Banks ......... Homer ............... Georgia ,.....-... 30.. Nay

-SO 35

YNp'any

5 Poster Blodgett...... Richmond ..... Augusta. .............. Georgia ......... 42... Yea. Joseph E. Blount. . . Sfcewart...... .. Lumpkin.. ............ North Carolina . . 15.. Yea

dQ

W. F.

Bowers ........

Hart ..........

Bowersville ...........

Georgia .........

4493.'.

Yea Ten

James R. Bracewell . . Gwinett ....... Stone Mountain ....... Georgia ......... 43.. Tea

Aaron A. Bradley .... Chatham.. ..... Savannah ............ South Carolina.. . 8..

49.. Yea

JohnE. Bryant...... Richmond..... Augusta* ............. Maine ........... 3.. Yea

John Bryson ......... Towns ......... Mt. Eola ............. North Carolina... J53.. Yea

Pulaski. .......

31..

Yea

George P. Burnett.... Floyd ......... Rome .......... ..... Tennessee....... 37.. Nay JohnE. CaldwelL.... Troup ........ LaGrange ............ South Carolina. . . 44:.. Yea

39.. N av T. G. Campbell ..... Mclntosh ...... Darien ................ New Jersey ..... 3.V Yea

2.. Vnn

51.. Yea

John W. T. Catching. . Gre-ene ........ Greenesboro ......... Georgia ......... 44 Yea

Peter H. Chambers... Meriwether. '. . White Sulphur Springs Georgia ......... 19.. Yea

George."W. Chatters.. Stew.art ....... Florence

South Carolina. . 6.. Yea

Isaac W. Christian. . . Newton ...... Covington ...'..,..... Georgia ......... 28.. Yea

II. H. Christian ...... Early.......... Blakeley ............. Georgia ,...;.... 44..

Yea

% Yo 39, Sea

Henry G. Cole ....... Cobb .......... Marietta ............. New York ....... 31.:

Benjamin Conley ..... Richmond. ..... Augusta.............. New Jersey. .... ' 38 . Tea

Pike.......... Griffin"...........,...

54;. Tea

John T. Costin.......

Yea

D. G. Cottiag ........ Wilfces ....,..: Washington ...',.,.... Massachusetts . . . 42., Tea,

S. "W.Cfswford ...... Franklin ...... Carnesville. ........:. South Carolina. 30..

Thomas Crayton .'.... Stewart.. ...... Lumpkin .

itO Tm

Robert Crumley. . ; ... "Warren ........ Warrenton .... *,..... Georgia ......... J6.. Yea,

oamuel E. Dailey.. ,, Henry ......... McDonoueh. . ......... Georgia..,.. .... 21.. Yen.

612

MEMBEBS OF THE CONVENTION.

NAME.

. COUNTY,

POST OFFICE.

NATIVITY.

^
NOYEOAF.RS Sg INGEOROT4 ^ !=> 'aO HJ
^goi

Charles D. Davis . . . W. W.Dews....... Jesse Dinkins ...... Benjamin Dunnegan James L, Dunning. . "William P. Edwards C. A. Ellington. .... S.E.Fields.........

Walton ...... Baker. ...... Schley..... .. Hall ........ Fulton .......
Gilmer ...... Murray .......

Monroe ............
Ellaville ........... GainesVille ......... ^tlanta ............
Spriag Place .......

Vermont ....... 47 Yea

32 Georgia .... ... 43 South Carolina . !67 jounecticut . . . . 20

Nay
Yea
Yea Yea

)29

Georgia ....

55

South Carolina . . 35

Yea Yea

John H Flynn.

Fulton ....... Atlanta ............

William A. Fort .... Floyd ..;..... Rome ..............

Albert (T. Foster....

Say Pennsylvania . . . 20

Georgia ...

50

Yea

Georgia .... .... 49

Thomas J.Foster... Thomas Gibson ..... Twigffs...;... 5ordon ..............

South Carolina . . 33 Nay Georgia ...;.. . . 48

Thomas Gilbert. .... Chattahoochee H. H. Glisson. ......

forth Carolina. . 73 Yea

Heory S- Glover. . . . Jasper ....... Jxmticellp .......... Georgia ....

50

W.."L. Goodwin.. ....
Samuel F- Gove , ; . . . W. A- Golden ...... "William Griffin. ..... William Guilford . . J,otinE. Hall- ........

Bartow ....... Liberty. ...... TJpson........ Surater .......

Cartersville ........
Cho. Sta. G. R. R. 5 . .
L'homaston .......... Americus. ..........

Georgia . . . , Georgia ......

16 Tea
11 Yea Yea 43 Tea 25 Yea

George "Harlan. .....

franklin ........... Georgia ....

53

Asa L Harris ....... W. H. Harriaon ..... A. H. Harrisoxu..'... E. I. H.'gbee ........

^hath-am. ....
Uncock......
?ecatur ...... Tajbot ......

Savannah ..........
Sparta-. ............. Villa .fcica........... 5ainbrid;e .......... "albotton ...........

Vermont ...... D enasylvania.. Jeorgia .... . . Iforth Carolina Seorgia .... ... rermont .......

3 lea

38 Tea

24 /ea

40 Tea

59. 20.

Y'eeaa

Charles Hooks ...... Wikinson. .... rwinton ............ ieorgia .... - ". . 48. Tea

is. A. W. Holcombe.... Milton. ....... AJpharetta .......... outh Carolina' 17.
C. H. Hopkins ...... Chatham ..... Savannah ........... Georgia .... ... :53.

fr eaay

H. P. Hotchkisa ; . . Walton ..... . S. T- Houston....... Cherokee ....

tlonroe . . - ..........

sTew York ..... 'orth. Carolina.

14.

Yea

Pike

52.

J. E. Hudson ....... 'utnam ....... Satonton ...... ....... eorgia . . ..... 47.

R. B. Hutchison .... ... Haralson ...... iuchanan ............ eorgia ...... . 42. Yea

David Irwin ........ Opbb .........

J. A. Jackson ...... Randolph ..... Quthbert ............. Philip Joiner........ )ougherty ....

3. Tea 17. Tea

Columbus '............ Georgia . . ..... 36. W. F. Jordon ......'.. aaper. ........ fonticello ........... Georgia ..... ... 34.

rTeeaa

J. St. Key............ Meriwether . . . jutnerville .........;. John B. King...;.. . Whitfield...... Dalton ...............

eorgia ...... . eorgia .... ...

49.. Tea 31.. Nay

L. J. Knight.......... errieu ........

James Knox. ........ Columbia ..... ombardy .............

40.. Tea

W. C. Lee ..........: George Linder ......'

layton ...... ;aurens .......

onesboro. ........... eorgia ..... ... 48.. cpnee .... .......... Georgia . . ...... 34..

"eeaa

J.-G-Lott............. orsyth .......

fi.. Tea

Robert Lumpkin ..... [aeon.. ......'. glethorpe ...... .... J. A- Madden....;... ufke ......... Vaynesboro. ......... Posey Maddox. ...... l^ouston. ...... tlanta..-....: ...... C. C. Martin . ...... :< 3alhoun . ...... }uthfeert-._ .... ......

irginia . . .. .-. . . 0..
E arylan,d, . .....
outh Carolina,", outh Carolina...

T'eeaa Tea

Philip Martin ........ E.'BV Martin.........

'abersham. . . arroll ........ Darrbllton. ...........

eorgia ....'. .... outh Carolina.,

424...:

ay

a W.L.Marler.. .......
J. Mathews .......... winnett. ..... >fuscogee .....
H. K:'McCay........ umter. ........

orth Carolina., ellow Eiver .... .... ieorgia .... .... olumbus ...... ...... uth Carolina . . roericus : '. . . . . ...... Pennsylvania. . ...

6.. 4..

'Teeaa rea

7..- rea

WilkeyMcHan. ...... tokens ....... asper .... .......... orth Carolina . . ).. a

Joseph McWhorter, . . glethorpe

eorgia .... ;-.. . 5. .

HW.M. Miller-..,..." ulton ........ tlanta ........ ...... outh Carolina .. 5.. Tea

S.T. W. Minor. ......

j'ayetteville .......... orgia .... .... 0.. Tea

Somulus Moore

Columbia.

9 Tea

Milton Moore ........ rhite ......... eo.. ................. outh Carolina . .

. John Murphey ....... jugherty

bony......... ...... ntucky .... . .

rTeeaa

John Neal .......:... lasscock ....'. arrenton .... ...... oriria .... ....

Tea

NAME.

MEMBEBS OF THE CONVENTION.

613

COUNTY.

POST OFFICE.

NATIVITY,

coNSTWrmof. NOYoEAFR.S GIEONRGIA. VOTOHTNE

W. H. Noble. ........ Randolph ..... Daniel Palmer ....... Washington . . . Sandersville .... . . J. R. Parrott ......... Bartow ........

Alabama ........ Georgia .... ....

5
4an1..

Yea Yea Yea

Lewis Pope ...........

46.. Yea

M. A. Potts ......... Monroe ........ Forsyth ........

Georgia .... ... 38.. Yea

B. F. Powell ........ C. H. Prince ........ W. H.D. Revnolds..

Decatur .... Bainbridge .... ..... Washington . . . Chatham ...... Savannah .... ....... Bullock .... ..

2 Yea

Georgia .... .. New York .....

43.. 1

Yea Yea

C.C. Eichardson . . . . Lewis H Eoberts. . . Robert Robertson . . . T. P.Saffold. .......

Baldwin ....... Echols ....... Statanville .... Spal iing ..... Griffin.... .... .... . Morgan . . . . ; Madison. ... ........

Maine.... ..... Georgia . . ..... Scotland ....... Georgia.. ..... Georgia ...... .

s3o..:.
34.. Yea 28.. Yea 45.. Yea

S. F. Saulter ........ Pulaski........ Hawkinsville .... ... Greorgia .... ...

Chatham ..... Savannah .... ....... New York .....

Josiah Sherman ..... Columbia ...... Augusta .... .... ... Vermont ....

J. M. Shields. ...... Walker........

\Vesley Shropshire . . . Chattooga .... Dirt Town............ Greorgia .... ...

B. D. fthumate ...... DeKalb .... ..

South Carolina.

Benjamin Sikes ...... Dough erty. ....

Virginia .... ...

28:.
IK Yea 2 Yea 24.. Yea 66.. Yea 50.. Yea 4:1.. Yea

F. M. Smith. ....... Charlton .... W. C. Smith......... Coweta ........ Grantville ..........
ThomasviHe.. ........

Georgia .... ...

53,. 31. Yea 46. Yea

F. T. Snead ......... L. L. Stanford ........ Simon Stanley ....... James Stewart ....... T. J. Speer ......... . Alexander Stone ..... Henry Strickland . . .\. W. C. Supple......... L. N. Trammell ...... 3. W. Traywick ...... H. M Turner ........ James D. Waddell ... George Wallace. ...... 0 . H. Walton ........

Macon ...... Harris ...... Wilcox ........ Chatham ...... Pike ..... .... Jefferson ...... Baldwin .... Gordon ........ Pulaski ........ Bibb ... ...... Polk.... ...... Baldwin ... . . louston ....

Dglethorpe ......... Hamilton ............ House Creek .... .... Savannah ...... Liberty Hill ......... Louisville ...... .... jfreensboro . _. . ...... Milledgeville ........ Jalhoun... .......... lawkinsvijlo ...... . . ^edartown .... ...... Milledgeville ..,,;...

3eorgia .... .... Maine ...... ... STorth Carolina.. Georgia .... .... Georgia .... .... Georgia .... .... Jeorgia .... .... Souti. Carolina.. South Carolina.. Georgia .... ....

36.. 23.. 35.. So 39.. 42.. 12.. 37.. 45.. 4.. 28.. 28.. 46..

Nay Yea Yea Yea Yea Yea Yea Nay Yea Yea Nay Yea Yea

P.O. Welch.......... Dougherty .... Albany ....... ...... W. H. Whitehead .... Butts .......... Indian Springs ........

Maine .......... Virginia ......... Georgia . . ....

37..
12.:
40..

Yea Yea Yea

John Whitaker...-. ... rerrell ........ Dawson .............. Georgia .... .... 30.. Yea

R.H.Whitely. .......

Bainbridge .... ...... reland... ...... SO.. Yea

G. G. Wilbur...... .I.. 3ibb ... ...... Macon .... ...........

Yea

Samuel Williams. .... iarris ...... . . j S^amilton ............. ^orth r Carolina 50.. Yea

J. A. Woodey ........ jumpkiri ......! ahlonega ... ..... reorgia ..... .... 49.. Yea

F. Woolen...........

Forsyth ............. Georgia .... .... 32..

Vresley Yeates. ...... Catoosa .... . . Ringgold ...... ......
! P. M. Shibley ........ rloyd .... .... Rome .......... ...... ennsylvania : . . . s>." A. E.Marshall....... Monroe ... Forsyth........ ...... reorgia .... ...

Weslev Prettyman . . Bartow ........ Atlanta .............. Pennsvlvania....

40

ANALYTICAL INDEX.

615

ANALYTICAL INDEX,

ABSENCE,

Leave of, granted to--

PAGE.

Mr. Adklns, of Warren ... v .......................................217 Mr. Akerman, of Elbert ....'.................................. .159, 477 Mr. Angier, of Fulton ........................................177, 504 Mr. Bedford, of Ware..............................................373 Mr. Bell, of Oglethorpe......... v..................................216 Mr. Bentle'y, of Chatham.......................................211, 345 Mr. Bigby, of Coweta............................130, 163, 212, 269, 446 Mr. Bowden, of Monroe ..................................162, 816, 345 Mr. Bowden, of Campbell......................................290, 372 Mr. Brown, of Henry.................................... .138, 162, 316 Mr. Buchan, ofPnlaski... ................................162, 290, 504 Mr. Burnett, of Floyd..............................................434 Mr. Cameron, of Telfair...................................66, 120, 446 Mr. Casey, of Marion.............................................. 159 Mr. Catching, of Greene.............................................316 Mr. Chambers, of Meriwether.'. ................................. .183 Mr. Christian, of Newton ..........................................384 Mr. Christian, of Early.............................................384 Mr. Cobb, of Madison..............................................355 Mr. Cooper, of Pike................................................355 Mr. Cotting, of Wilkes..............................................217 Mr.-Crane, of Towns.............................................. .487 Mr. Crumley, of Warren....................................... 163, 446 Mr. Cutler, of Brooks,...............................................66 Mr. Dailey, of Henry................................... ...."....90, 229 Mr. Davis, of Walton...............................................239 Mr. Dews, of Baker.....................................66, 90, 258, 293 Mr. Edwards, of Taylor............;............................90, 229 Mr. Ellington, of Gilmer..........................................384 Mr. Foster, of'Morgan.........................................162, 216 Mr. Foster, of Paulding.................'......................217, 438 Mr. Gibson, of Twiggs.........................................66, 316

616

ANALYTICAL INDEX.

PAGE.
Mr. Gilbert, of Cbattahoochee.................................210, 395 Mr. Gove, of Twiggs........................................... 130, 183 Mr. Griffin, of Twiggs ....................................130, 317, 355 Mr. Guilford, of Upson.............................................66 Mr. Harris,-of Chatham.... . ................................163, 29$ Mr. Harris, of Newton.........................................290, 316 Mr. Harrison, of Hancock...... .'.. .................................373 Mr.'Harrison, of Carroll.......................................... .'.217 Mr. Hotcoitfbey of Milbn....... .*,.'................................217 Mr. Hopkins. of Chatham..........................................345 Mr. Hooks, of Wilkinson......................................435, 477 Mr. Howe, of Pike.................................................345 Mr. Hudson, of Putnam...... ................................371, 434 Mr. Hutchinson, of Haralson.......................................450 Mr. Jones, of TVtuscogee........................................... .371 Mr. Jordan, of Jasper..............................................371 Mr. King, of Whitfield.................................... ...,371, 446 Mr. Linder, of Laurens.. ^...........................................384 Mr. Lott, of Forsyte ..................... .'.....-................,. ..159 Sir. Lu'm'pRin, of THacbn...........................................484 . Mr. Martin, of Habersiam............................1............ 326 Mr. Martin,'of'Calhoiin...........'.................................. .226 Mr. Martin, of Carroll/............................. ...........66, 290 Mr: Marler, of Jackson.....'.....',,...'.............,................... 216 Mr. Maul, of Mupcoge'e....... ..',.................................. .355 Mr. McCay, of Suniter .....................................66, 120, 283 Mr. McHan, of Ficke'ns..............................................47 Mr. McWhorter, of Oglethorpe'.'....................................345 Mr. Parrott, of Bariow........'......................................446 Mr. Potts, of Monroe ......................................66, 162, 480 Mr. Pbwell, of Decatur.............. ................229, 384,480, 504 Mr. Prince, of Washington..........................................434 Mr. Richardson, of Baldwin........................................234 Mr. Roberts, of Echolsv......................................42, 90, 803 Mr. Robertson, of Troup..'.'............. '........../..."....,....'.... .480 Mr. Saffold, of Morgan .......................................177, 438 Mr. Saulter, of Fulaski........................................372,-472 Mr. Sherman, of Columbia.:..................'.................... .339 Mr. Shields, of Walker ..::..:...:'............. ...................317, 292 Mr. Shropshire, of Cliattooga...................................... .^84 Mr. Shumate, of D'eKalb..........'.'...........................177, 372 Mr. Sikes, of Dongherty.....:...:...:......,..................:..... .384 Mr. Smith, of Chailton....'.'....... .V........ 1.......................345 Mr. Stah'for'd, of Harris......."."-......................:..............355 Mr. Stewart,'of 'Chatham.......................................... .'229 Mr. Turner, o'f Bit>b...'......'...'.,..;...'...'.............'........ 283, 316 Mr. Welch, of Dbugh'e'r'ty......'.'.'..................................384 Mr. Whitehead,'of Bii'tts....:..:....:.; I........................... .234 Mi-. Wilbur, of Bibli...................'...............................90 Mr. Teates, of Catbosa.....'....:,..............'.,............:'. .217, 293

ANALYTICAL INDEX.

617

ADDBESS

PAGE.

Of Son. Foster Blodgett, as temporary Chairman.......10,11, 12,13, 14
Salutatory Address of Hon. J. R. Parrott, President of the Con vention. ............................................15, 16, 17, 18
Of Welcome to Brevet Major General John Pope, by the Presi dent of the Convention............:..........................73
Of Major General John Pope, to the Members of the Convention..... 74 Of Welcome to Major General George G. Meade, by the President
of the Convention.......i....................................113 Of Major General George 6. Meade, to the Members of the Con
vention ......................................... .^..... .114,115

ADJOURNMENT.

9,10, 20, 35, 42, 54, 58, 77, 87( 101, 115, 130, 138,150, 159,162, 164, 167,

170, 178, 182, 183, 190, 193, 195, 302, 211, 215, 218, 224, 239, 334, 256,

263, 267, 283, 290, 294, 301, 310, 321, 333, 339, 345, 356, 370, 379, 380,

385, 396,413, 425, 436, 446j-452, 463, 470, 474, 480, 484, 493, 499, 506,'

510, 530, 531, 539.-

.

Resolution relative to hours of meeting a-nd adjournment.......40, 183 .

185,191, 34fi, 348, 420, 424, 426, 483, 487, 522, 524

Resolution for Convention to adjourn, subject to the call of the

President.................................................... 536

Resolution respecting adjournment, sine die. ...................... .406

CIRCULAR
Of Major General George G. Meade, pertaining to General Orders Nos. 6, 11, and 18, giving legal effect, temporarily, to the Ordinances on "Relief".......................:...... ........213
COMMITTEES <
To report Rules for the Convention.......................24, 25, 26, 27 Report of Committee to wait on General Pope '....................... 29 Of ten, to report on the true.powers of the Convention..-.............39 Names of Committee............................... '................. ..42 "Standing Committees" announced by the President............. .40, 41 Report of Committee on "Belief"....................................62 Report of Committee on " Finance"....... '. ......................... 65 Report of Committee on " Enrollment"................ ............. 7*5 Report of the Committee on "Finance," and appointment of
Hon. N. L. Angler, as Disbursing Officer of the Convention.... 73 Report of the Committee on "Enrollment".............,...........87 Report of the Committee on " Privileges and Elections1 '............. 88 Report of the " Special Committee" to. wait on General Meade....... 88 . Majority report of the Committee on " Relief"....................... 90 Report of the Committee on the "Executive Department". 90, 91, 92, 93 Report of Dr. N. L, Angier, "Financial Agent".....,.'... ...........101 Report of the Committee on "Bill of Rights". ...... . .102, 103, 104, 105

618

ANALYTICAL INDEX.

PAOB.
Majority report of the Committee on "Judiciary".................. ..108 107,108,109,110, 111
Minority report of the Committee on " Judiciary".............. Ill, 112 Majority report of the Committee on the "Legislative Depart
ment".. ..................121, 122, 128, 124,125, 126,127,128,129 Minority report of the Committee on the "Legislative Depart. * ment"...................................................129, 130 Minority report of the Committee oh "Relief ".132, 133,134, 135, 136, 137 Report of the Committee on " Finance"........................... .147 Report .of the Committee On " Franchise".................. 148,149, 150 Report of the Committee on "Education".............151, 152,153, 154 Report of the Committee on " Privileges and Elections"............155 Report of the Committee on "Enrollment"........................160 Kepbrt of the Committee on " Militia"........................ .161, 472 Report of the Committee on " Printing"............................164 .Report of the Committee on "Enrollment"....................176, 177 Report of the Committee on " Finance"............................185 Report of Hon. N. L. Angler, " Disbursing Agent"................ .188 Report of the Special Committee, on the pay of " Members and.
Officers".....................................................189 Eeport of the Committee on "Enrollment".........................189 Report of the Special Committee on " Disbursement of Funds".... .191 Report of the Committee on " Finance"............................192 Report of the Committee on./' Enrollment"..........'.......... 196, 197 Majority report of the Committee on "Relief".... .........208, 204, 205 Minority report of the Committee on " Belief"....................206 Substitute for both reports of Mr. Stanford........................ ?306 Substitute of Mr. Goodwin for the whole subject matter.............207 Report of the Committee on "Printing"....-....................215, 216 Report of the Special Committee relative to a loan from the
United S tales............................................ 220, 221 Report of the Committee on "Enrollment"........................228 Amendment to the substitute of Hon. R. B. Bullock, on the
subject of "Relief................. ....,~................. .230 Report of the Committee on "Relief," as amended.... .251, 252, 253, 254 Report of the Special Committee " to prepare a suitable memorial
in honor of the death of Hon. C. C. Richardson".............. 267 Report of the Committee on "Finance".......................269, 270 Report of Mr. Burnett, of Floyd, on the case of Mr. Aaron A'.
Bradley.........................................271, 272, 273, 274 Majority report on the same subject........................... .274, 275 Defence of Mr. A. A. Bradley......................................276 Report of the Committee on "Enrollment"........;............. ..278 Report of the Committee on "Enrollment"....................293, 294 Report of the 'Jorumittee on " Franchise"... .806, 307, 808, 312,' 813, 814 Report of the Committee on " Legislative Department".............317,
319,320,321,329,331,335,338,839,341 Report of the Committee on "' Enrollment"...............;........ .328 Report of the Committee on "Enrollment".-.......................355 Report of the Special Committee on " Homestead".............856, 357

ANALYTICAL INDEX.

619

PAGE.
Report of the Committee on "Enrollment".........................357 Report of the Special Committee on " Representation".........358, 359 Report of the Committee on " Legislative Department"............361,
, 362, 363, 364, 365, 366, 367
Beport of the Committee on " Judiciary Department"............379, . .. . .387, 420, 424, .435, 430, 431, 432, 433, 434, 435, 444, 448, 449, 452 453,
451, 46% 463, 469, 470, 472.
Substitute of Mr. McCay for the report of the "Homestead" Committee............:., ...................................390
Substitute of Mr. Parrott for the whole matter pending.............. 390 Mr. Blodgett's substitute for the report, and .pending amendment
and substitute-..............................................390
Substitute of Mr. Getting for Section XXX--" Bill of Rights".......408 Amendment of Mr. WMteley to Section II--'1 Bill of Rights"........409 Adoption of "Bill of Rights".......................................410 Report of the Committee on " Miscellaneous Matters" .473, 474, 501, 502 Report of the Committee on " Enrollment" .445, 453,492,493, 514,515, 5B7 Report of the Committee on " Printing''.........................444, 519 Report of the Committee on " Pay of Absent Members"....... .452, 453 Report of Special Committee on certain claims of parties for
services rendered before the permanent organization of the Convention..................................... v ...........477
Substitute for the entire report of the Committee on Education... .477, 478, 479
Report of the Committee on " Education'' as amended......... 482, 483 Report of the Committee on " Corporations".......................493 Report of the Committee on " Revision"..................496, 507, 540 Report of the Committee on " Finance"............................525 Majority and Minority reports of the Committee on " Congres
sional Clemency"....'..................;................ .527, 528
COMMUNICATIONS
From,Brevet Major General John Pope to Hon.. Wesley Shropshire, Chairman of the Committee of Finance of the Georgia Con stitutional Convention........................................ 65
From Major General George G. Meade to Hon. J. R. Parrott, President of the Georgia Constitutional Convention, on the subject of funds sufficient to pay all the expenses of the Convention ..............................................165, J66
From Hon. Luther Caldwell, Secretary of the New York Constitu tional Convention, to P. M. Sheibley, Secretary Georgia Constitutional Convention, on the subject of Documents..... .211
From Major General George G. Meade to Hon. J. R. Parrott, President Georgia Constitutional Convention, tendering Thirty Thousand Dollars from the State Treasury for the use of the Convention in defraying expenses.................. .229

620

ANALYTICAL INDBX.

PAGE.
From Hon. George W. MeLellan, 3d Assistant "P. M. General, to J. R. Parrott, Esq.,' President Georgia Constitutional Con vention, on the subject of re-establishing a tri-weekly mail service between Gainesville and Anderson Court House, South Carolina, byway of Homer, Carnesville, and Hartwell, Georgia................................................ 384
From the Hon. H. P. Farrow to the Hon. L. N. Trammell, and the anonymous letter referred to by A. A. Bradley, as spread upon the minutes.................................297, 398
From Major General George G. Meade to Hon. J. E. Parrott, President Constitutional Convention, on the subject of defraying the expenses of the Convention, and the compen sation of its officers and members....................... ...331, 383
From General E. C. Drum, Assistant Adjutant General, to P: M. Sheibley, Secretary Georgia Constitutional Convention......386
From S. B. Love, Esq., Clerk of City Council, Atlanta, Georgia, to Hon. J. R. Parrott, President State Constitutional Conven tion ......................................................... 411
From S. B. Love, Esq., Clerk City Council of Atlanta, to Hon. J. R. Parrott, President State Convention................414, 415
From S. B. Love, Esq., Clerk City Council, Atlanta, to Hon. J. R. Parro11..................................................447, 448
From Major General George G. Meade, commanding Third Military District, to Hon. J. R. Parrott, President -Constitu tional Convention....................................499, 500, 501
CONSTITUTION.
Preamble to the Constitution....................................... 156 Article I--Section I.................. v .....,,'..........,........ .158 Article I--Section III...........................................158 Article I--Section ~V .......................................... .163 Article I--Section VI.;..........................................163 Article I--Section VII. ....:..............,,.................... .163 Article I--Section VIII...... '. .................................... 167 Article I--Section IX .......................................... ,167 Article I--Section X............................................. 169 Article I--Section XI............................................169 Article I--Section XII...;...................................... 181 Article I--Section XIII.... .....................................181 Article I--Section XIV..........................................181 Article I--Section XV...........................................190 Article I--Section XVI..........................................193 Article I--Section XVII.........................................193 Article I--Section XVIII.........................................193 Article I--Section XX...........................................193 . Article I--Section XXI'..........................................309
. Article I-Section XXII..................................... ;...209 Article I-Section XXIII............ '. ...........................309 Article I--Section XXIV........................................309

ANALYTICAL INDEX.

621

P.* OF.
Article I--Section XXV.........................................210 Article I--Section XXVII........................................313 Article I--Section XXVIII......................................213 Article I--Section XXXI........................................213 Article I--Section XXXII.......................................314 Article I--Section XXXIII...................................... 314 Article I--Section XXXIV......................................214 Article I--Section XXXVI......................................315 Article I--Section II.........................................316, 409 Article I--Section XXXV.......................................317 Article I--Section XXX.........................................403 Constitution in full................................................540
DELEGATES.
Names of enrolled, as per " General Orders, No. 89," of Brevet Major General John Pope, Commanding Third Military District................................................. 6, 7, 8, 9
ORDERS.
General Orders No. 89, of Brevet Major General John Pope, con vening the Georgia Constitutional Convention...........6, 7, 8, 9
'General Order No. 8, of Major General George G. Meade, removing Charles J. Jeukina, Provisional Governor, and John Jones, Provisional Treasurer, of the State of Georgia, and appointing Brevet Brigadier General Thomas H. Rnger, Colonel 38d Infantry, to the Governor of the State of Geor gia ; Brevet Captain Charles F. Rockwell, Ordinance Corps, IT. S. Army, to the Treasurer of the State of Georgia..........131
General Orders No. 11, of Major General George G. Meade, on the subject of affording temporary relief to the people of Georgia................................................. 167, 168
General Orders No. 32, of Major General George G. Meade, mod ifying General Order No. 49, as issued by Brevet Major General John Pope......................................225, 236
General Orders No. 24, of Major General George G. Meade, on the subject of collecting from the tax-payers a special tax, for the purpose of deiraying the expenses of the Convention, etc.332, 333
General Orders 27 No., of Major General George G. Meade, sus pending imprisonment for debt in tee State of Georgia.. ..38(3, 387
ORDINANCES
i'Qr the suspension of all levies until, the Convention shall have taken action on the subject of "Relief".......................33
To levy and collect an extraordinary tax, to pay the delegates and officers connected with the Convention, aa well as all other incidental expenses.......................................... 778
41

622

ANALYTICAL -INDEX.

PAGE.
To authorize the negotiation of a loan for defraying the expenses of the Convention.............................................7&
To provide means of defraying the expenses of the Convention, etc.270 Declaration of the qualification of members of the General As
sembly, to be chosen at the first election held under the Constitution framed by this Convention......................387 That the Ordinance of Secession, adopted by the People of Georgia, in Convention assembled, on the 19th day of Jan uary, 1861, and all Acts, and parts of Act, done under and by authority of said Ordinance, and the Ordinance itself, is hereby repealed, etc................................... .... 467 To provide for the election of civil officers.....................501, 502: To provide for certain municipal elections.....................515, 516 To repeal certain Ordinances and Resolutions therein mentioned, heretofore passed by the People of Georgia in Convention... .526 To declare null and void all laws of the State of Georgia, by which money has been raised for the purpose of carrying on and sustaining the late war against the United States, and all notes, bills, bonds, and contracts founded on the same........527 To provide for the Re-assembling of this Convention, if necessary.. .536
ORGANIZATION.
Hon. Foster Blodgett, Jr., temporary Chairman......................5 Hon. Walter L. Clift, temporary Secretary............................. 5 Hon. Josiah B. Parrott, chosen permanent President................15 P. M. Sheibley, of Floyd county, sleeted Secretary...................18 Rev. A. E. Marshall, of Monroe county, Assistant Secretary..........18 M. -J. Hinton elected Sergeant-at-Arms.............................. 18 W. H. DeLyon elected Doorkeeper.................................. 18 T. G. Campbell, 'Jr., elected Messenger..............................18 Rev. Wesley Prettymari elected Chaplain............................ .18 Hon. James L. Dunning chosen President pro tern. ................ .334
PETITION
To the commanding General of the Third Military District for the removal of .the civil officers of the State, etc............... .53
PRINTING
Rules of the Convention, 200 copies, with the list of Delegates, their Counties and Districts...................................30
Three hundred copies of "Standing Committees," with P. O. address and boarding houses of Delegates printed in addition. .42
Report of the Committee on the Executive Department, 500 copies.. .93 Report of the Committee on " Bill of Rights," 500 copies............105 Report of the Committee on " Judiciary," 500 copies...............113 Report of the Committee on " Legislative Department," 500 copies. .131 Minority report of the Committee on " Relief," 500 copies..........137

ANALYTICAL INDEX.

. 623.

PAGHS.
Mr. Turner's resolution defining the relations o Georgia to the General Government, 500 copies ............................. 138
Keport of the Committee on " Franchise," 300 copies...............148 Report of the Committee on "Militia," 500 copies..................163 . Majority and Minority reports, together with the substitutes of
Messrs. Stanford and Goodwin, on "Relief," 500 copies....... 203 Amended "Bill of Rights,'' 800 copies.............................217 The memorial, resolution, etc., on the death of Hon. C. C. Rich
ardson, 500 copies............................................267 Report of the Committee on "Legislative Department," 500 copies. .360 'To print 200 copies of the report on "Miscellaneous Matters..<,,.....474 One hundred and fifty copies of the various substitutes for the
report of the Committee on " Education"....................480 Partial reports of the Committee on " Revision," each 200 copies... .496
PROTEST
Of Mr. Ashburn against a portion of the resolution adopted on the 21st inst., in relation to the establishment of a Civil Government for the State or Territory of Georgia.............175
RESOLUTIONS.
'To vote viva voce for permanent President of the Convention....'... .15 That tb.e Secretary of this Convention telegraph to the Provisional
Governor of Georgia for 200 copies of the Journals of the Convention of 1865...........................................19 Relative to rules governing the Convention.........................19 Relative to bona fide representatives of the Press....................20 Generals Pope, Sibley, and Col. Hulbert, with their Staff Officers, tendered seats on the floor ....................................20 Appointing a Committee of seven to wait on General Pope, and invite his presence in the Convention..........................20 Relative to signing Ordinances and Resolutions by the President and Secretary.................................................30 For the employment of additional Clerks, and furnishing stationery. .32 On the subject of the " Cotton Tax".................................84 Relative to the selection of seats....................................35 Instructing the Messenger to procure and put up-shades to the East windows of the Hall.....................................41 To print SOO copies of the Rules, Standing Committees, Post Office address, and Boarding Houses of the Delegates..........42 Hon. Joshua Hill tendered a seat on the floor........................43 Hons. T. J. Bowen and John Erskine tendered seats on the floor.... .61 Relative to the per diem and mileage of the members and officers of the Convention ............................................62 Tendering thanks to Brevet Major General John Pope, command ing Third Military District....................................63 Appointing a Committee of three to receive Brevet Major General John Pope...................................................65

624

ANALYTICAL IUDEX.

PAGE.
Appointing the Hon. N. L. Angier to visit the Capitol of the State, and investigate generally the subject of pay for the members and officers..........................................65
Instructing the Secretary to transmit to Gen. Pope proceedings in relation to the appointment of Provisional Governor...........68
Tendering thanks to the United States Government.................68 That the Convention take a recess from the 23d of December to
the 8th of January........................................74, 75 That the Committee on "Privileges and Elections" have power
to employ clerks and send for persons and papers..............75 That General Meade and his Staff be invited to seats on the floor
of the Convention. Also, a Committee of flve to confer with General Meade............................................83, 84 Appointing a Committee of one from each Congressional District to prepare a list of names of certain citizens, whose political disabilities should be removed.................................97 That a Sub-Committee be appointed to assist the above Commit tee in preparing names for Congressional clemency............98 Appointing a Committee of five members, to be known as the Committee on " Miscellaneous Matters"....................... 99 Notifying the Sheriffs of the State of the existence of the " Belief Ordinance," and that 150 copies be printed, and the General commanding be reqnested to enforce its due observance.. .99,100 To appoint a Committee of three to receive Major General Meade, this day, and escort him into the Hall ........................101 That the Secretary furnish General Meade a copy of the "Ordi nance for Relief"............................................120 That Major General Meade be requested to order the funds of the State in the hands of the Disbursing Agent of the Convention. 154 Relating to the Jails of this State.................................. .159 Appointing a Committee of three on " Miscellaneous Matters"......161 Of thanks to Major General Meade................................ .162 To employ three competent Reporters...................... ........138 To negotiate a loan of Forty Thousand Dollars..................... 169 Declaring vacant the Chief Executive office of the State.............174 To investigate charges made against Reporters of the Press........ 179 That the President of this Convention do appoint a Committee of seven to investigate the published charges against Aaron A. Bradley ............. ..................................... 180 In relation to a tri-weekly mail by Gainesville to Anderson C. H., by way of Homer, Carnesville, and Hartwell, Georgia........180 Appointing a Committee of three to invite the Hon. John Erskine, Judge of the U. S. District Court, to a seat upon the floor.... .182 Adding Messrs. Hopkins, Miller, and Conley to the Committee on " Finance"..................................................188 Approving the plan reported by the Committee on " Finance"..... .198 Appointing Hon. H. K. McCay on the Committee on " Belief"..... .199 Appointing Hon. L. L. Stanford o the Committee on " Relief "... .202 Limiting debate...................................................212 Memorializing Congress to loan to needy Southern Planters Thirty Millions Dollars.............................................211

ANALYTICAL INDEX.

625

PAGE.
Adding three additional members to the Committee on "Printing".21S That debate on the question of "Relief be closed to-morrow, at
11 o'clock a. m..................................... .........334 To employ Pages, their pay, and the per diem of Assistant Mes
senger and Doorkeeper......................................258 Appointing a Committee to prepare a suitable memorial in honor
of the Hon. C. C. Richardson ................................ 263 To adjourn, as a mark of respect for the Hon. C. C. Richardson... .263 Inquiring how many members are absent, and how long........... .288
Forthwith expelling Aaron A. Bradley, a member of this Conven tion, from his seat in this body, for gross insults offered..... .294
Qf censure against Aaron A. Bradley...............................297 Discharging the Committee on the Bradley case....................301 That the People of Georgia, as plaintiffs, will not litigate the suit
in the Supreme Court of the United States versus Generals Grant, Meade, and others.. ..................................814 To appoint a Committee of seven to prepare and report a substi tute for the 32d Section of the " Bill of Rights," in relation to the "Homestead"..........................................316 Appointing a Committee of seven upon the subject of " Repre sentation".. ............................................ .321, 326 Authorizing the Committee on " Finance' 1 to negotiate a loan......326 Appointing a Committee of three to wait on the Provisional Gov ernor, and tender him an invitation to visit the Convention.. .340 On the subject of pro rata pay, from time to time, to the members and officers, etc..............................................345 Appointing a Committee of three to wait on Captain C. F. Rock well, Provisional Treasurer of this State, and tender him a seat, in this Hall.............................................346 That, the Disbursing Agent be instructed to pay the Journalizing Clerks, etc....................................................354 " That the compensation due the late Mr. Richardson be paid by the Disbursing Agent," etc...................................355 On the subj ct of imprisonment for debt....................... 355, 356 To pay Charles Patterson..........................................369 Appointing a Committee of three to investigate all claims, accounts, etc....... ^ .............................\ ......,.,..369 To pay the Hon. N. L. Angler, as Disbursing Agent.. .............. 371 "That the Judiciary Committee be instructed to report an article," etc.................................................871
" That the Judieiaay Committee report on the qualifications of members to the General Assembly," etc.,.....................381
To adjourn sine die on Saturday, March 7th, at 3 o'clock p. m..... .406 Of pay up to and including llth day of March next................. 429
Requesting aid from Congress to build an Air-Line Railroad, from Atlanta, Georgia, to Charlotte, North Carolina...............438
Requesting the Auditing Committee to audit the accounts of the officers, members, employees, etc............................442
Instructing the Auditing Committee to issue warrants, etc........ . .468

626

ANALYTICAL INDEX.

PAGB.
That the Auditing Committee bs required to issue vouchers and warrants to such only as are members, officers, etc............470
That Aaron A. Bradley be paid in full up to the day of his expul sion, etc.....................................................473
That the Auditing Committee report how many members and officers properly belonging to the Convention, etc........475, 476
Of instructions to the " Franchise" Committee.....................483 Asking aid from Congress to construct Railroads in South-western
Georgia.................. ...................................488 Of thanks to the Mayor and City Council of Atlanta for their
kind attention.in providing a Hall, and for other courtesies... .491 That the several Tax Collectors be required to take scrip for
taxes, etc...............................................491, 493 To print 200 copies of each of the partial reports on " Revision"... .496 Of thanks to Major General George G. Meade......................496 Relative to the pay of members, etc................................513 To print 1,500 copies of the Journals of this Convention............ 531 To appoint the Hons. J. R. Parrott, H. V. M. Miller, and N. L.
Angier a Committee to complete the unfinished business of the Convention..............................................531 To allow the late Hon. C. C. Richardson per diem for the whole session......................................................,537 Of thanks to the President of the Convention....................... 539 Of thanks to the Secretary and his Assistants....................... 539 Of thanks to Jackson T. Taylor, Journalizing Clerk................539
SEATS ON THE FLOOR
Tendered to--
Brevet Major General John Pope and his Staff Officers...............20 Brevet Brigadier G eneral Sibley and his Staff Officers................ 20 Colonel Hulbert, Chief Registration Bureau, and his Staff............20 Hon. Joshua Hill....................................................43 Hon. T. J. Bowen...................................................61 Hon. JohnErskine.............................................61,18a Major General George G. Meade and his Staff Officers................83 Brevet Brigadier General Thomas H, Euger, Provisional Governor..340 Captain C. F. Pvockwell, Provisional Treasurer.....................346
TELEGRAM
Jfrom Governor Charles J. Jenkins to P. M. Sheibley, Secretary of the Georgia Constitutional Convention......................63
YEAS AND NAYS
On motion to reconsider matter relative to the "Cotton Tax"........21 On motion to reconsider the Ordinance on temporary " Relief"......33 On motion to postpone the report of the Special Committee till
to-morrow.................. .................................44 On motion to lay said report on the table...........................47

ANALYTICAL INDEX.

627

PAGE.
On motion to postpone action on the removal of civil-officers till January 8th, next..........................................55, 56
On motion to petition General Pope to appoint a Provisional Governor.'...............................-....r................57, 58
On motion to recommend the Hon. R. B. Bullock, of Richmond county, Provisional Governor.............................59, 60
On motion to reconsider per diem of members and officers... .70, 71, 72 On an appeal from the Chair, deciding the matter as legislative.. .95, 96 Upon sustaining the previous question on Mr. Ashburn's memorial
to Congress............................................ .118, 119 Upon sustaining the callfor the previous question..............189, 140 On the suspension of the rules.............................. ....141, 142 On the resolutions complimentary to General Hancock.........145, 146 Upon the question of adopting the substitute of Mr. Whiteley in
lieu of the original of Mr. Ashbarn.......................171, 172 Upon the suspension of the rules for the daily hours of meeting
and adjourning............................ .....................183 On the motion to lay the amendment of Mr. Waddell on the
table.................................................... 186, 187 On the motion to go into "Committee of the Whole" on the
subject of " Relief" .,,........................................195 Upon the motion to lay the minority Relief report 011 the table...... 198 On the motion to sustain the previous question................ 201, 202 On the subject of a loan from the United States................ .202, 219 To postpone, indefinitely, the substitute of Mr. Stanford.. .... .222, 223 Previous question called on the Hon. R. B. Bullock's substitute. 232, 183 On a proposition that the Legislature may, by a vote of a
"majority," instead of "two-thirds," confer jurisdiction on the Courts...................................... .284, ::35, 23(i On motion to refer the subject matter of "Relief" to a Special Committee of five...... .................................236, 237 Upon the question of adopting the first amendment of Mr. Bryant..................................................238, 289 Upon the question of adopting the amendment, as amended.... .240, 241 On the question of adopting Mr. Abermau's amendment...... .242, 243 On the motion to strike out Mr. Blodgett's amendment........ .244, 245 On the question of adopting the amendment of Mr. Miller..... .246, 247 Upon the question of adopting the amended substitute of the Hon. R. B. Bullock.......'....,..........................248, 249 On the question of adopting the report as amended........; ..... 250, 251 Upon the question of reconsidering the subject of " Relief"... .255, 257 Upon an appeal from the decision of the Chair................ .259, 260 Upon a motion of Mr. Bryant to lay the proposed substitute on the table................................................261, 2fi2 Upon the question of adopting the report of the ''Executive Committee"........................................... .264, 265 Upon the proposition to reconsider the report of the Commit tee on "Executive Department".............................268 On Mr. Akerman's amendment.................................281, 282 On the report of the Committee on " Franchise," 2d section....... ,2S>

628

ANALYTICAL INDEX.

PAOE.
Vote on the suspension of the rules to take up a per diem reso lution ................................................... 285, 386
On a proposition to lay the foregoing resolution on the table........287 On the reconsideration of the action of the Convention on the 3d
Section of the report on " Franchise"....................388, 289 On the postponement of the Bradley case till next Friday.......392, 293 On the expulsion of Aaron A. Bradley, a member of this Con
vention.. ...................................... ........ .295, 296 On the motion to adopt the 3d Section of the report of the Com
mittee on " Franchise".................................. 299, 300 On the motion to strike out the 4th Section from the report of the
Committee on "Franchise"......................... .....303, 304 Vote demanded on the amendment of the 5th Section, etc.......305, 306 Upon the motion to amend the 10th Section of the report on
" Franchise''.................,..........................308, 809 Upon striking out the 10th Section from the report on "Fran
chise". ..................................................311, 312 On the resolution for the dismission of the suit in the Supreme
Court of the United States versus Generals Grant, Meade and others............................................... 315, 316 On striking out '"two-thirds" and inserting "majority," in the 4th Paragraph of 1st Section in the "Legislative Depart ment" report............................................318, 319 On the motion to reconsider the action of the Convention in regard to the 5th Paragraph of the 1st Section of the report of the Committee on " Legislative Department".......... 324, 335 On the motion to strike out " two-thirds" and insert " majority".. .330 On the motion to strike out the 4th Paragraph in the 5th Section in the report op V Legislative Department"..............336, 337 On the motion that " there shall be no usury laws in Georgia". .343, 344 On the hours of meeting and adjourning, etc...................346, 347 On the motion to lay the whole subject matter on the table.... .350, 351 On the motion to reconsider a portion of the report of the " Special Committee"..............................'......... .373 On the motion to amend the 2d Paragraph, 3d Section, striking out "thirty" and inserting "twenty-five," and inseiting "twenty-one"...........................................374, 375 On the amendment of Mr. McCay.......................... ....375, 376 On the call for the previous question on the removal of the Capitol........... '!.;, ...................................377, 378 On the question of adopting the amendment of Mr. Bell, of Banks...................................................381, 382 On the motion to lay the whole subject matter of "Homestead" on the table............................................. 388, 389 Upon the question of adopting the substitute of Mr. Parrott... .391, 393 Upon the proposition to substitute " one thousand dollars" for " two thousand dollars" in the "Homestead"............393, 394 Upon tte motion to adjourn,.......... ,,......................395, 396 Upon the motion to reconsider the Journal of yesterday as relates to the adoption of the amendment of Mr. Bryant.........397, 398

ANALYTICAL INDEX.

629

PASE.
Upon the amendment of Mr. McCay in striking out " one thousand dollars" and inserting " five hundred dollars"......399, 400
Upon receiving the amendment of Mr. Akennan...............401, 403 Upon the question of 'agreeing to the amendment of Mr. Aker-
man..............:............. ..........;...............403, 404 Upon the question, "Shall the report, as amended, be adopted''.405, 406 Upon the question of suspending the rules.....................407, 408 Upon the question of sustaining the decision of the Chair..... .413, 413 Upon the question of Seating the seat of government in Atlanta.416, 417 Upon the question of agreeing to the proposed amendment of Mr.
" ' McCay.'.V............'...'...........'......................418, 419 Upon the question of suspending the rules.....................421, 432 Upon the question of limiting'debate............ ..............423, 434 Upon the motion of laying on "thejtable the resolution of Mr.
Madden, endorsing impeachment........................ 427, 438 Upon the motion of Mr. Adkins to amend Paragraph II, Section
VII.....................................................435, 436 Upon the motion of Mr. Bryant to reconsider the resolution of
Mr. Madden, 'approving the ..impeachment of President Johnson............................ .................439, 440 Upon reconsidering the action of the Convention in making Justices of the Peace elective.............................442, 443 Upon the amendment of Mr. Conley to strike out " seven years" and insert'"three years"................................451, 452 Upon the amendment of ,Mr. Parrott to strike out the exceptions ' in the "Belief" section:...... ........ .......;...! 456, "457, 458 Upon ttie motion to indefinitely postpone the proposition of Mr. Akerman............................. '................. . .460, 461 Upon the question of adopting the " Relief! section............458, 459 Upon the motion of reconsidering the section of " Relief".... .463, 464 Upon the motion to indefinitely postpone the reconsideration of " " " Relief".. '.....'............... .^....................... .465, 466 Upon the motion to reconsider the subject of redisprieting the State for Congressional representation................ ....485, 486 Upon the motion to reconsider the resolution instituting inquiry in regard to the causes"of imprisonment, of convicts in the Penitentiary of the State.. .............'.'...'....'...'.':... '. .494, 495 Upon the question to adjourn..............................497, 498, 499 Upon the adoption of the report on "Miscellaneous Matters"'... 503, 504 Upon the following sentence: "And the representation in said Convention'shall be based upon population' T ...:........ f:509, 510 Upon the substitute'of Mr. Parrott...........'.. ..............517, 518 Upon tie adoption"of'" the majority and minority reports of the Committee on " Congressional Clemency"...........538, 529, 530 Upon a'doptihg the report of tne Committee on " Finance".... .533, S33 On the adoption of the Constitution............................. 534, 535
42

630

ANALYTICAL INDEX.

CONSTITUTION OF THE STATE OF GEORGIA.
PAGE,
Preamble to the Constitution...................................... .540
ABTICLE I.--DECLARATION OP FUNDAMENTAL PRINCIPLES.
Section I. Protection to person and property.... J..................540 Section II. Who are citizens. Legislature to prepare laws for
their protection.............................................. 540 Section III. Life, liberty and property.............................540 Section IV. Neither slavery nor involuntary servitude............. 540 Section V. The right of the people to appeal to the Courts.........540 Section VI. Freedom of religious sentiment........................540 Section VII. Benefit of counsel--accusation--list of witnesses--
compulsory process and trial.................................541 Section VIII. Jeopardy of life, etc................................541 Section IX. Freedom of speech and of the press..... ..............541 Section X. Unreasonable'searches and seizures....................541 Section XT. Status of the citizen..................................541 Section XII. Freedom of opinions................................ 541 Section XIII. Writ of habeas corpus.. .............................541 Section XIV. Necessity of a well regulated Militia................. 541 Section XV. Punishment of frauds................................ 541 Section XVI. No excessive bail, fines and imprisonment...........541 Section XVII. Contempt of <'ourts.................................541 Section XVIII. No imprisonment for debt.... .................... 541 Section XIX. Libel, etc..........................................541 Section XX. Private ways granted................................ 541 Section XXI. Penalties in proportion to the offence................541 Section XXII. No whipping......................................542 Section XXIII. No lotteries allowed........ .......................542 Section XXIV. Corruption of blood and forfeiture of estate.......542 Section XXV. Treason against the State, etc...................... 542 Section XXVI. Laws shall have a general operation...............542 Sections XXVII. Taxes1 shall be ad valorem. .......................542 Section XXVIII. Taxation to county and municipal incorporations. 543 Section XXIX. Poll tax..........................................543 Section XXX. Mechanics' and laborers' liens, etc..................542 Section XXXI. Departments of Government......................542 Section XXXII. When legislative acts are void.................... 543 Section XXXIII. Paramount allegiance to the United States.......543
ARTICLE^!!.--FRANCHISE AND ELECTIONS.
Section I. All elections by ballot................................. .543 Section II. Who are electors--Oath................................543 Section III. Felony or larceny disqualifies.........................543 Section IV. Public monies to be aceotmtedfor.....................543 Section V. Duelling not allowed.................................. 543

ANALYTICAL INDEX.

631

PAGE.
Section VI. Registration of electors...............................543 Section VII. Mectors free from arrest.............................543 Section VIII. Sale of liquors prohibited..........................543 Section IX. Provision for election returns.........................544 Section X. Protection to electors..................................544 Section XL Day of election....................................... 544

ARTICLE III.--LEGISLATIVE.

Section I.
Paragraph 1. Legislative power...................................544 Paragraphs. Term of Senators. Term of Representatives......... 544 Paragraph 3. Meeting of the Legislative quorum. Sessions limited. 544 Paragraph 4. Eligibility..........................................544 Paragraph 5.. Removal vacates the seat of a member...............445

Section II.

Paragraph 1.
Paragraph 2. Paragraph 3. Paragraph 4.

Senatorial Districts..................................545 When new counties are created......................546 Qualification of Senators ........................... .546 President of the Senate.............................. 546 Trial of impeachments..............................546

Section III.
Paragraph 1. House of Representatives............................546 Paragraph 2. Apportionment may be changed..................... 546 Paragraph 3. Qualification of members............................546 Paragraph 4. Speaker of the House................................546 Paragraph 5. Impeachment........................................ 547 Paragraph 5. Revenue bills shall originate in the House of Rep
resentatives. ........................................547

Section IV.
Paragraph 1. Elections, returns and qualification of its members.. .547 Paragraph 2. Each House may punish offenders............... ....547 Paragraph 3. Exempt Irom arrest.................................547 Paragraph 4. Journals of each House..............................547 Paragraph 5. Every bill shall be read thrice.......................547 Paragraph 6. By whom all acts shall be signed....................547 Paragraph 7. Adjournment.......................................547 Paragraph 8. Officers of each House. Their compensation.... .... 548 Paragraph 9. Teas and Nays.......................................548 Paragraph 10. Oath of Senators and Representatives................548

Section V.
Paragraph 1. Powers of the General Assembly.....................548 Paragraph 2. May establish new counties..........................548
Section VI. Paragraph 1. How money shall be drawn from the Treasury.......548 Paragraph 2. How donations shall be made............... ........548 Paragraph 3. How the Code shall be amended.....................548

632

ANALYTICAL INDEX.

Paragraph 4. Paragraphs.

PAGE.
Citizens shall not be compelled to contribute to public improvements........ .......................549 How corporations, precincts, bridges, names, etc. are established. How banks can suspend specie payment. The State shall not be a stockholder, nor loan its credit. ................................. .549

ARTICLE IV.--EXECUTIVE.

Section I.

Paragraph 1. Paragraph 2.
Paragraph 3. Paragraph 4. Paragraph 5.

Executive power....................................549 Governor. How elected. Returns of his election. If no majority. Legislature elects. Contested elections...................... .....................549 Qualification for Governor........ ..................550 In case of the death, resignation or disability of the Governor.......................................550 Oath of Governor...................................550

Section II.
Paragraph 1. Commander-in-Chief................................550 Paragraph 2. Power to grant pardons.............................550 Paragraph 3. Issue writs of election, convoke the General Assem
bly, etc.............................................550 Paragraph 4. Power to fill vacancies............................. .551 Paragraph 5. Nominees rejected.................................. 551 Paragraph 6. Revision of bills--two-third vote....................551 Paragraph 7. Resolutions.........................................551
Secretary of State, Comptroller General, Treasurer and Surveyor General elected by the General Assembly...........................................551 Great Peal of the State..............................551 Paragraph 10. Governor's Secretaries..............................551

ARTICLE V.--JUDICIARY.

Section I. Paragraph 1. Judicial power......................................551

Section II.

Paragraph 1. Paragraph 2. Paragraph 3. Paragraph 4.

Supreme Court......................................553 Jurisdiction of the Supreme Court. Sessions........552 How to dispose of cases........ .....................552 When only two Judges sit...........................552

Section III.
Paragraph 1. Judges of the Superior Courts............."...... ....552 Paragraph 2. Jurisdiction.................... ....................552 Paragraph 3. Appeals, new trials, judgment.......................553 Paragraph 4. Sessions of Superior Courts.......................... .553

ANALYTICAL INDEX.

b'33

Section IV.

PAGE.

Paragraph 1. District judges and Attorneys.......................553 Paragraph 2. Criminal jurisdiction................................55S Paragraph 3. Sessions of the District Court....................... ,553 Paragraph 4. Accusation.......... ...............................553 Paragraph 5. Jury shall consist of seven.......................... 553 Paragraph 6.. Civil jurisdiction....................................553 Paragraph 7. Term of office and compensation....................553

Section 7.

Paragraph 1. Probate powers. Court of Ordinary................. 553 Paragraph 2. Powers of Ordinary................... ........... .553 Paragraph 3. Term of office..................................... ..553

Paragraph 1. Paragraph 2. Paragraph 3. Paragraph 4.

Section 71.
Justices of the Peace................................553 Jurisdiction......................................... 554 Appeals.................... ........................554 Notaries Public..................................... 554

Section VII.

Paragraph 1. Attorney General...................................554 Paragraph 2. His duty............................................554

Section VIII.

Paragraph 1. Solicitors General.. ............................... ..554 Paragraph 2. Their duty..........................................554

Section IX.

Paragraph 2. Judicial officers. How appointed and removed..... .554 Paragraph 2. Justices electable and removable... ................554

Section X.

Paragraph 1. Compensation of Judicial officers....................554 Paragraph 2. Compensation of District Judges and Attorneys..... .555 Paragraph 3. Qualifications of Judges and Attorney General.......555

Section XI.

Paragraph 1. When to grant divorces.............................555

Section XII.

Paragraph 1. Where divorce cases shall be tried................... 555 Paragraph 2. Where criminals shall be tried........................555 Paragraph 3. Where titles to land shall be tried....................555 Paragraph 4. Where equity cases shall be tried........:.......... .555 Paragraph 5. Where suits against joint obligors, etc., sfcall be tried .5> Paragi aph 6. Where suits against maker and endorser shall be tried 555 Paragraph 7. Where all other cases shall be tried..................555

... ..

Section XIII.

Paragraph 1. Right of trial by Jury............ ...................555 Paragraph 2. Who shall serve as Jurors...........................555

Section XIV.

Paragraph 1. Inferior Courts abolished............................ 556

634

ANALYTICAL INDEX.

Section XV.

PAGE.

Paragraph 1. County Commissioners..............................556

Section XVI. Paragraph 1. County Courts abolished..... ......................556

Paragraph 1.
Paragraph 2. Paragraph 3.

Section XVII. Courts limited in civil jurisdiction. Suits against trustees. By trustees. Against corporations. By charitable associations. By mechanics. Mutual debts. Jurisdiction by Legislature..................556 Confederate contracts...............................557 Tax on debts.......................................557

ARTICLE VI.--EDUCATION.

,

Section I.

Paragraph 1. General education..................................558

Paragraph 2. School Commissioner................................558

Educational fund...................................558

ARTICLE "VII.--HOMESTEAD AND EXEMPTION.
Section I. . 1. Homestead.........................................558 Paragraph 2. Wife's estate........................................558

ARTICLE VIII.--MILITIA.
Section I. Of whom the Militia shall consist....................... 559 Section II. Volunteers.............................................559 Section III. Exemption from military duty........................559

ABTICLE IX.--COUNTY OFFICERS. Paragraph 1. County officers shall be elected for two years........559

ARTICLE X.--SEAT OF GOVERNMENT.
Paragraph 1. Seat ol Government shall be in Atlanta............. .559 Paragraph 2. Power to remove the Seat of Government............559

ARTICLE XI.
The Laws of general operation in force in this State are : .
Paragraph 1. The Constitution and Laws of the United States.... .559 Paragraph 2. This Constitution...................................559 Paragraph 3. Irwin's Code... .......................................559 Paragraph 4. Local and private acts................................560 Paragraphs. Legal rights.................... ......................560 Paragraph 6. Court records, judicial proceedings, etc..............560 Paragraph 7. Records of the Inferior Courts. Of County Courts. ..561 Paragraph 8. Records of City Courts..............................561 Paragraph 9. Judicial officers appointed by military authority.... .561 Paragraph 10. Confirmatory acts...................................561 Paragraph 11. Amendments by Congress................ ...........561 Paragraph 12. Limitation of certain Ordinances....... .............562

ARTICLE XII.--AMENDMENTS TO THE CONSTITUTION. Paragraph 1. Amendments to the Constitution...... ..............562

ANALYTICAL INDEX.

635

No. 1. No. 2.
No. 3.
No. 4. No. 5. No. 6. No. 7. No. 8.

ORDINANCES.

PAGE.

Titles of, Tables and Dates.

An Ordinance to grant temporary relief to the People of Georgia, passed December 12, 1867.........................563 An Ordinance to levy and collect a tax to pay Delegates and Officers connected with this Convention, as well as all other incidental expenses, passed 20th December, 1867..... .564 An Ordinance to provide the means of defraying the expenses of this < 'onvention, and the compensation of Officers and Members, passed February 8,1868..............565 An Ordinance to establish Congressional Districts, passed March 6, 1868.............................................. 566 An Ordinance to provide for the election of civil officers, passed March 10, 1868......................................567 An Ordinance to provide for certain municipal elections, passed March 10, 1868......................................569 An Ordinance to confirm and re-adopt certain Ordinances, passed March 11,1868............... ..................... 570 An Ordinance to provide for the re-assembling of this Convention if necessary, passed March 11,1868............. 571

RESOLUTIONS
Permitting Representatives of the Press to have seats in the Con vention. .....................................................573
Tendering Generals Pope and Sibley, and Colonel Hulbert, with theirStaff Officers, seats on the floor..........................572
Appointing a Committee of Seven to notify General Pope of the organization of the Convention, and to invite his attendance..573
Requiring the signatures and attestation of the President and
Secretary....................................................573 On the subject of the Cotton Tax...................................573 Tendering the Hon. Joshua Hill a seat on the floor..................574 Upon the appointment of a Committee to report upon the Powers
of the Convention.................... .......................575 Of the Committee relative to the Powers of the Convention..........575 Fixing the per diem and mileage of the Members and Officers of
this Convention..............................................576 Of thanks to Brevet Major General John Pope......................576 To take a Recess from 33d December to 8th January next...........577 Of the Committee on Relief....................................... .577 To employ Clerks for the Committee on Privileges and Elections.... 578 Of the Committee on Privileges and Elections.............. ........ 578 Tendering to Major General Meade and Staff seats on the floor..... .579 To appoint a Committee to petition for the relief of certain
persons in this State from Political Disabilities.... .......... .579 Of the Committee on Finance......................................580 Of thanks to Major General George G. Meade.......................581 In reference to the Re-organization of the State Government, the
Removal of Political Disabilities, and the Modification of the " Test Oath"............................................581 Asking the proper Authorities of the United States to furnish to the People of North-East Georgia Mail facilities............. .582 To appoint a Committee to wait upon Hon. John Erskine...........583

636

ANALYTICAL INDEX.

PAGE. Asking in behalf of Southern Planters a Loan of Thirty Millions
of Dollars from the United States Government...............583 Of the Committee, on the Death of Hon. C. C. Kichardson, of
Baldwin county..............................................585 Eequesting Major General Meade to enforce an Ordinance of this
Convention, entitled " An Ordinance to provide the means of defraying the Expenses of this Convention," etc............586 Expelling Aaron A. Bradley..... .,. ................................586 Relative to the suit in the Supreme Court of the United States by the State of Georgia.........................................587 To prepare and report a " Homestead"............................. 587 Instructing the Disbursing Agent to pay pro rate, etc.............. 588 In regard to Imprisonment for Debt............................... .588 Instructing the Disbursing Agent...................................589 From the City of Atlanta, proposing terms for Removal of the Capitol......................................................589 Accepting the proposition of the City of Atlanta....................590 Of Pay, up to and including the llth day of March.................590 Asking aid of Congress for the Air-Line Railroad.................... 591 Directing the Auditing Committee to audit the several accounts of Members, etc..............................................591 Of the Committee on the pay of members........................... 592 Instructing the Auditing Committee to issue warrants, etc..........592 Asking a loan of One Hundred Thousand Dollars from the United States Treasury, to the South-Georgia and Florida Railroad. .593 Of thanks to Major General George G. Meade......................594 Of Instruction to the Secretary.....................................594 Of Disbursing Funds, etc..........................................595 To print 1,500 copies of the Journals................................595 Of the Committee on Finance......................................596 Of the Hon. George W. Ashburn, on Removing Disabilities.........596 Requesting General Meade to enforce certain provisions of the Constitution, which provide lor the Relief of the People..... .597 Of per diem to the late Hon. C. C. Richardson.....................598 Appointing a Committee to recommend to the consideration of Congress certain measures of this Convention.................598 Of thanks to the President of the Convention....................... 598 Of thanks to the Secretary and his Assistant........................ 599 Of thanks to the Journalizing Clerk.................................599
MILITARY ORDERS.
General Orders, No. 11, relating to Relief.....'..................... .600 General Orders, No. 24, relating to the Expenses of the Convention.601 General Orders, No. 27, relating to Imprisoument.for Debt..........602 General Orders, No. 35, relating to the Collection of a Special Tax.. .603 General Orders, No. 87, in relation to Relief........................603 General Orders, No. 38, relating to 'the issuance of Warrants in
lieu of Scrip............. i-.......................... ^........605 General Orders, No. 39, appointing the. time for and defining the
mode by which the Election for Civil Officers shall be held... .606 General Order, No. 40, relating to the Election for Civil Officers... .609
MEMBERS OF CONVENTION.
Names, nativity, etc., of Members of the Convention............... .611