B6, B&F 10/7/1861

Executive Department
Atlanta, Georgia
October 7, 1861
 
   Whereas, the following Preamble and Resolutions were unanimously passed and adopted by the Southern shareholders of the Brunswick & Florida Railroad Company at a meeting held at the office of the Company in the city of Brunswick, on Wednesday the 25th of September, 1861, which Preamble and Resolutions are in the following words, to-wit:
   "A meeting of the shareholders of the B. & F. R. R. Co. was held at the office of the company in the city of Brunswick, on Wednesday the 25th of September, 1861, in accordance with a previous notice.
   On motion of Dr. R. McDonald, Col. Charles L. Schlatter was called to the chair, and James F. King acted as Secretary.
   The chairman then stated the object of the meeting.
   The following Preamble and Resolution were offered by Dr. McDonald, and, after some discussion, unanimously adopted:
   Whereas, all communications having been cut off between the Southern stockholders of the Brunswick & Florida Railroad Company, and the President and Board of Directors, by the war now waged by the North against the South, whereby this Company is completely disorganized, and all the money, bonds and assets of the Company are now in the North, without the hope of the shareholders being able to reclaim them: And Whereas, the Southern stockholders are not now, nor are they likely soon to be in a condition to raise funds to keep up and work the road, therefore,
   Resolved, that the shareholders of the Brunswick & Florida Railroad Company, citizens of the State of Georgia and the Confederate States of America, having met together, by a call of the Chief Engineer of said Company to take into consideration the present condition, and future welfare of the corporation, in order to protect the interests of all concerned, do hereby direct that a ballot be taken for a Provisional Board of Directors, who shall act according to the terms of the charter of the Company during the time of office, and that application be made to the Legislature to legalize the Acts of the shareholders and of the Board.
   Resolved, That the President and Board of Directors are authorized to place the Railroad in charge of Gov. Brown, on behalf of the State of Georgia, to run, repair, and manage the same, until such time as the shareholders are in a condition to resume its management.
   In accordance with the foregoing Resolutions, the following gentlemen were elected a Provisional Board of Directors, to act until the next regular annual meeting of the Board, or until such time as the Legislature may direct: Charles L. Schlatter, Jas. T. Blain, Jas. F. King, R. McDonald, Nelson Tift, U. Dart, Senr., Charles Day.
   On motion the meeting adjourned sine die.
Jas. F. King, Secretary     Charles L. Schlatter, Prest.
   And Whereas, at a meeting of the Board of Directors of the said railroad company, held at the office of the Company on Thursday the 26th day of September, 1861, the following Preamble and Resolutions were unanimously adopted, to-wit:
   "At a meeting of the Board of Directors of the Brunswick & Florida Railroad Company, held at the office of the Company on Thursday the 26th day of September, 1861, Charles L. Schlatter Esqr. was unanimously elected President and Treasurer, and Mr. Wm. Barkeeloo Secretary.
   The following Preamble and Resolutions were presented by Dr. R. McDonald and unanimously adopted:
   Whereas, the stockholders of the Brunswick & Florida Railroad Company, residents of the State of Georgia, at a meeting held on the 25th day of September, 1861, having authorized the President and Board of Directors of said Company to place the Railroad in the hands of Gov. Jos. E. Brown, therefore be it,
   Resolved, That said President and Board of Directors, do hereby request Gov. Jos. E. Brown to take charge of said railroad, and repair, run, manage and place upon it, such motive power, rolling stock and machinery, as the business of the road may, from time to time, require.
   Resolved, That the Governor be requested to hold and manage the said railroad, until such time as the said railroad company are in a condition to resume the management of said railroad.
   Resolved, That the Board of Directors accept the proposition of Gov. Brown, as reported to them by their President, viz, That all money paid by Gov. Brown for repairs, management, rolling stock and machinery necessary to keep the Road in good running order, be charged to said company, and that all monies received from freight, passengers, soldiers, and munitions of war be credited to said Company.
   Resolved, That the President of the said railroad company is authorized to complete all the arrangements necessary, with Gov. Brown, to carry out the foregoing resolutions.
   The following Preamble and Resolutions were offered by Mr. U. Dart, Sen., and unanimously adopted:
   Whereas, the Congress of the Confederate States has passed an Act sequestering all the property of alien enemies lying within the Confederate States, And Whereas, the people of the State of Georgia in convention held in January last, did, by solemn Ordinance guarantee to all persons the enjoyment of all stock or money vested in permanent works of internal improvement, within the limits of said State, or words to that effect, and as the charter of the Brunswick & Florida Railroad Company declares that all the shares of stock of the said Brunswick & Florida Railroad Company shall be taken, considered and held in law as real estate of which the State has the right as this Board believes to claim the right of eminent domain, and can only be confiscated or sequestered by an Act of her own Legislature, be it therefore
   Resolved, That the President of this road be requested to respectfully call the attention of the Governor of the State to these facts, and elicit from him, if possible, an opinion on the subject contained in the above preamble.
   A true extract from the minutes.
Wm. Barkeeloo
Secy. B. & F. R. R. Co."
 
Brunswick, Georgia, Sept. 26th, 1861
 
   Therefore in pursuance of the foregoing Resolutions, and considering that it is a military necessity that the said railroad should be taken possession of and controlled by State authority as a means of public defense, I have, as Governor of Georgia and Commander-in-Chief of the army and navy of this State, and of the Militia thereof, taken charge of said railroad, to hold and manage the same, and to repair, run and place upon it in addition to what the company already has, such motive power, rolling stock and machinery, as the business of the road may from time to time require, and the exigencies of the public service may, in my opinion, demand, until such time as I may think proper to again leave the management of said road to said company, and to hold and conduct the same in such way as I deem compatible with the public service.
   I do hereby appoint Charles L. Schlatter, Esqr., Superintendent of said railroad, with a salary of Fifteen Hundred Dollars per annum, who is hereby authorized to take such control and supervision thereof as is usual for Superintendent of Railroads to exercise.
   The Superintendent is hereby ordered to proceed at once to put the road bed track and rolling stock of the Road in a condition to insure the safe and speedy transportation over the road of whatever troops, army stores and munitions of war the military service may require, and such freight and passengers as the public may demand, always giving the preference as to time when demanded, to the transportation of troops and munitions of war, the appointment to continue in force during my discretion.
   The object had in view by me in accepting the management and control of the road, being to make it available to the State for military purposes, only such repairs upon it, as are or shall be absolutely necessary to insure safe and speedy transportation over it of troops and munitions of war, will be made under my management, without regard to permanent improvements; and to this end, I direct that the Superintendent shall limit his expenditures in repairing the road bed and track to five thousand dollars until further orders, believing that this sum, economically expended, will put the road in the required condition.
   I also appoint R. Haglehurst, Esq., Treasurer and Auditor of said Road, with a salary of one thousand dollars per annum, whose duty it shall be to audit all accounts and demands against it, accruing after he shall have entered upon the discharge of the duties of his appointment as such treasurer and auditor, and to pay all such accounts and demands which he may approve after the same have been ordered by the Superintendent to be paid.
   The treasurer and auditor shall keep a book, in which he shall credit the company with all monies received fro freight and passage, and shall charge the company with all monies paid out for repairing and working the road, including the superintendent's and treasurer and auditor's salaries. And these officers shall make out and transmit to the Governor, quarterly, complete and detailed reports of the condition and management of the said road. The treasurer and auditor shall, before entering upon the duties of his appointment, execute his bond, payable to the Governor of the State, for the time being, and his successors in office, with good security in the sum of ten thousand dollars for the faithful discharge of his duties as such treasurer and auditor.
   Given under my hand and the Seal of the Executive Department, this the seventh day of October, 1861.
Joseph E. Brown
Governor of Georgia

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