GEORGIA. 



961 



mong the negroes fiu '- what it was 



:!ated system of slavery, 

 so groat as to jr' -onablo founda- 



T that the (lays of 

 I and that they will event- 

 ually heroine e\' 



iho returns of the tax receiver*, who 



make a li-t in their respective 



. man who lost a limb in the 



i there were nino hundred 



:i. From other sources this number 



increased to a thousand. 



-s of the State Legislature closed on 

 iry 15, 1866, when that body again ro- 

 Med. The Governor in another message 

 both Houses a code or system of 

 'T the government and protection of per- 

 ly emancipated from slavery, and for 

 other purposes reported by a commission pre- 

 viously appointed for that purpose. Its lea- 

 he thus describes: "It is just and liberal, 

 -liould be, to the frcedman. It is safe, as 

 ild be, to the citizen. It extends no pol- 

 rights to the former, but it gives ample 

 security to his rights of person and of property. 

 it majority of the States which never 

 admitted, or have long since abolished slavery, 

 we are wholly averse to investing him with 

 political rights and privileges. For that very 

 :i, we are under the highest conceivable 

 obligation to protect him in his rights of person 

 and property, and to aid, by all just means, his 

 advance in civilization. This aid we gave him, 

 thi> advance wo effected for him, whilst in 

 \. Why should it be withheld now? 

 Whilst wo insist upon occupying, in relation to 

 those persons, the position of the governing 

 let us fully and fairly meet its respon- 

 eihilities." 



An act passed at this session giving persons 

 of color " the right to make and enforce con- 

 tracts, to sue and bo sued, to be parties and 

 :ice, to inheiit, purchase, lease, sell, 

 hold and convey real and personal property, 

 and to have full and equal benefit of all laws 

 and proeei'din^ for the security of persons and 

 ; -i followed by an order approved by 

 the general in command of the department, se- 

 curing to the State a partial restoration of her 

 civil laws and the jurisdiction of her courts. 

 This order was in accordance with a proclama- 

 tion of the President. The order, thus ap- 

 proved by General Brannon, was followed, on 

 April 14th, by a proclamation of Governor 

 Jenkins, thus explaining the situation to tho 

 people : 



By these orders a large jurisdiction in civil and 

 criminal cases whereto freedmen alone or freedmen 

 and white persons may be parties, heretofore denied 

 to State courts, is yelded to them. As will appear in 

 the sequel, this does not amount to positive and final 

 withdrawal of military authority. It is unquestiona- 

 bly a highly satisfactory advance in the process of 

 nmoHtWDM our former political status, which may 

 be followed by a further advance in the same direc- 

 tion, or by a retrogade movement, as circumstances 

 may indicate. It nas been induced mainly by the 



legislation of the General Assembly relatire to tho 

 M.iius of the freedmen. It will not be lott, and may 

 be speedily pn-ln-r] further, if the judiciary, in court* 

 of iii'iuiry and in courts of record, the bench and the 

 jiirv-l><>x, give effect to the.letter and the spirit of tbe 

 law's l.y tin-in enacted. In the full assurance that my 

 fi-llow-Vitizi-ns, official and unofficial, who may be 

 rallnl upon to participate in the administration <*f 

 jii-ii.-i', will hold the scales in perfect equilibrium, M 

 a individuals and classes, I congratulate the 

 people of Georgia upon this earnest of coming resto- 

 ration to interior relf-government. In our condition 

 nritliiT conscious rectitude of intention nor noisy 

 and unbecoming professions of it will avail aught. 

 Practical demonstrations, which incredulity itself 

 cannot gainsay, and nothing less, will work out our 

 redemption. 



It is of great importance to us that none mistake 

 the effect of the President's recent peace proclama- 

 tion, and of the orders above referred to. Our con- 

 dition is certainly anomalous, and mischievous errors 

 might result from theoretical speculation upon those 

 documents. I therefore state, as the result of official 

 intercourse and of careful examination of previous 

 orders and circulars, which are only modified, not 

 withdrawn : 



1. That the agent?, in the several counties of the 

 Freedmen's Bureau, still have jurisdiction in all cases 

 " between freedmen and others, when the sum in- 

 volved does not exceed fifty dollars, exclusive of in- 

 terest. They may also take cognizance of and try 

 all ofl'cnces committed by freed people or against 

 them, provided the punishment docs not exceed a fine 

 of fifty dollars or thirty days' imprisonment at hard 

 labor." They are also still charged with the duty 

 of examining and approving, or disapproving, labor 

 contracts, and of assisting and protecting, by legal 

 means, freedmen requiring such aid. Trials oy 

 strictly military commissio'ns are dispensed with, ex- 

 cept where the accused is a soldier, or the offence 

 charged is one against the Federal Government. 



2. 1 have high authority for saying that " the Presi- 

 dent's proclamation does not remove martial law or 

 operate in any way upon the Freedman's Bureau, in 

 the exercise of its legitimate jurisdiction ; " though 

 "it is not deemed expedient to resort to military 

 tribunals in any case where justice can be attained 

 through the medium of civil authority." My impres- 

 sion is, that in case of military arrest by orders from 

 Headquarters, Department of Georgia, interference 

 of State judges, by habeas corpus, wul not be permit- 

 ted. Such orders, I believe, will be rarely if 'ever 

 issued, and I trust conflict will be avoided. 



Whilst, therefore, by thus communicating reliable 

 information I seek to guard the whole people against 

 erroneous impressions regarding the extent to which 

 the Federal military authority is relaxed, I respect- 

 fully call upon the civil authorities to assume and to 

 exercise, in perfect fairness and justice, the jurisdic- 

 tion clearly restored to them. Calmly and patiently 

 pursuing our now ascending course, let our acts illus- 

 trate our title to fuller confidence and higher rights. 

 Faithful observance of the Federal Constitution and 

 impartial administration of the law will best vindi- 

 cate intentions honestly entertained and distinctly 

 expressed, but cautiouslv accredited. 



CHARLES J. JENKINS. 



At this session of the Legislature an act known 

 as a stay law, was passed. It provided that 

 there should bo no levy or sale of property un- 

 der any execution upon any contract or liability 

 made or incurred prior to June 1, 1865, or any 

 renewal thereof of a subsequent date, except 

 for one-third of tho principal and interest after 

 January 1, 1868, and one-third after each sub- 

 sequent year. Several cases of exceptions were 

 made, chiefly of a fiduciary character, etc. This 



