Newspaper Page Text
THE COiNiS'li ri'I'IONALIST,
JAM ES GARDNER, JR.
TERMS.
Daily. pe r annum $§ 00
Tri-Weekly, per annum ft 00
If paid in advance 5 00
Weekly, per annum 3 00
If paid in advance - 50
To Clubs, remitting’ $lO in advance, FH E
OOI’IES arc sent, 'i’his will put our \\ cekly pa
per in the reach of new subscribers at
TWO DOLLARS A VEAR*
Ujr’Subscribcrs who will pay up arrearage?, and
send four new subscribers, with the money, can get
the paper at $2 00.
irrAii new subscriptions must be paid in ad- ■
ranee.
[P/’Postag’e must be paid on all communications
ami letters of business.
MESSAGE.'
EXECUTIVE DEPARTMENT, }
Milledgkvii.i.k, Nov. 2, 1847. $
Fellow Citizens of the Senate
and House of Representatives.
The measures to which it is my duty to di
rect your attention are few and obvious, i hey
ishall be remedial of defects in existing laws, or
suggestive of a new policy.
The present mode’ of taxatio t rests npol>
the accumulated legislation of nearly half a
century, amid all the varying circumstances
rtf its * periodical suspensions and revivals,
rthangc of our marketable staples, increase of
population, and enlargement of territorial
rights. Thc'protusicm' of lav\*s on tins subject
has made their exclVtion embarrassing and
doubtful. Within one-third of the entire area
rtf the Statc'the classifications of the quali
ties of the soil, with specific discriminations in
the tax on each, amount to at least sixty.—
Even counties arc subdivided into a series of
classifications in this respect, which are rot
authorized by the value of the freehold or its
productions. Geographical points constituting
limits to which certain rates of taxation shall
extend, and where others begin, arc designated
by names that are generally unknown and al
most forgotten. Sometimes vague language
is employed as descriptive of the quality and
position of the freehold. Nor is it less to be
noticed that that portion of real property in
the State, lying Northwe st of the Cherokee
line, its described in the tax act of 1828, is as
sessed indiflnitely, certainly without that pre
cision as to varieties of soil and specification as
to rates of taxation which obtain in other por
tions of the State. These imperfections re
quire correction.
Whilst in the act of amending our system of
taxation, the conclusion must be riveted on
every mind by a candid examination and com
parison of all its part?, that it is unequal and
unjust. Proofs will be abundantly furnished,
by* considering the price of productiveness of
lands, irrespective of culture or staples, iu dif
ferent parts of the State, and the wide differ
ence in the rates at which they arc now asses
sed. E quality of public burthens, or at best
its approximation, is an essential part ol jus
tice, and should be constantly in view in per
forming the task of revising the tax laws so as
to make them simple and uniform.
The plan proposed to the last General As
sembly appeared to be worthy of trial without
peril to public interest. It was intended to
be the first iu a scries of measures that were
to lead-finally and safely to the adoption of
the ad valorem plan of taxation. Hence, a
loading interest —the freehold —was selected
as exhibiting the most perplexing details and
grossest inequalities in taxation. The imme
diate adoption of the plan of raising revenue
Hy the valuation of property liable to be taxed,
ik objectionable for the want of statistical in
formation, and excludes the presumption or
even’probability that a rate could be fixed on
by which-the - exact or even proximate amount
of revenue would be raised. On the one hand,
a deficiency would jeopardize public credit,
and on the other, anexcess might awaken po
pular feeling,always and properly active against
unnecessary burthens. Accordingly, I res
pectfully renew substantially the recommeda
tion referred to, and indulge the hope that it
may be adopted. It Ls not expected or design
ed to increase the public burthens; but to
equalize and simplify our system of taxation.
I therefore, suggest, that the entire landed
estate and the improvements thereon, shall be
taxed at a certain rate on its valuation, to be
returned on the oath of the freeholders, with
specifications of quantity, situation in respect
to counties, and quality; the latter to be divi
ded into and designated as swamp, oak and
Mckory, and pine. It is believed that a tax of
•ne-tenfh|of one per cent, or ten cents on every
hundred dollars of the value of the real estate
and its improvements, with the other sources
es income, would raise a revenue equal to the
■wants of the government. This estimate is
based on the supposed value of the freehold
and its improvements, estimated to amount in
the aggregate to sixty millions of dollars. This
opinion will be advanced as to probable certain
ty of result, by discriminating between the
real estate of cities, towns and villages, and
that of the country. If discrimination be
carried even to the extent of one hundred
per cent, beyond the indicated rate, it would
still be a reduction of the taxes of those resi
ding or owning freeholds in the former places.
To guard against evasions and imperfect re
turns, suitable penalties should bo provided,
so as to ensure a full and fair experiment of
the plan- Indeed, more stringent enactments
are recommended, as in my opinion being ab
solutely necessary to give effect to the provi
sions of the tax laws, to the end that they may
l>e universally enforced.
The period is auspicious for the beginning of
the proposed system of taxation, that promi
ses, in the end, Quality among all interests.
The excess of revenue of the present over the
last year, amounts to the sum of $12,000. —
The surplus in the Treasury after defraying all
charges against it will exceed $20,000. The
balance of the debt of Messrs. Reid, Irving &
Co., is reduced to an amount which this sur
plus aided to $50,000 required to be paid by
t ie act of 1843, and payable out of the income
of the present year, w ill entirely ext nguish.—
Yet amidst the prosperous condition of our
fiscal affairs, a reduction of taxes cannot be
safely made. After exhausting all the availa
ble means of the Central Hank, still an estima
ted deficit exceeding $200,000 of its bonds will
remain unpaid, and for which the State is lia
ble and should promptly pay. Moreover,
fifteen thousand pounds of sterling bonds are
outstanding, which were sold by Messrs. Reid,
Irving & Co., under their agreement with the
State, and which it is important should be re
deemed at the earliest convenience of the State.
In view of these liabilities, it is not perceived
that any surplus will bo in the Treasury at the
end of the two years, unless the military claims
on the United States should be paid, and the
hank stock owned by the State, but solemn
ly pledged as a fund for the education of the
poor, should be sold. Even then a high duty
will remain to be performed—that of preserv
ing public credit in its honorable position, by
the creation of a sinking fund for the redemp
tion of the public debt.
The public debt of the State, as generally
understood, consists of bands issued at this
Department for the construction of the West
ern ami Atlantic Railway. At this time its
* t , J^r, ‘gate amount may b"* stated to be $1
va .stckmbt**-
875 00, of which $1,435,250 are in Federal ;
Hands payable at the Treasury. £15,000 in
sterling bonds sold by Messrs. Reid, Irving &
Co., previous to 1813, and £15,130 60, also,
in sterling bonds, as a balance due to this firm
for their advances made to the State in 18-39.
The semi-annual dividend? of interest as-well
as the principal of the sterling bonds arc paya
ble in London. For more detailed informa
tion as to the period when all these bonds were
issued, their respective amounts, and other
particulars, I beg leave respectfully to refer
you to a tabular statement compiled by the
Financial Committee of the last year, and ap
pended to their report; copies of which will
be early laid before you.
' It should be observed,that in arriving at the
| aggregratc amount of the public debt, I as
sumed the same basis that was adopted by the
Financial Committee, in estimating the value
of the pound sterling, which was at four dol
i lars and eighty cents —and the- reportedbal
ance of the last semi-annual account rendero I
by_lleid, Irving & Co., on the 2Gth March of
the present year;
Within the last four years, the aggregate
payments made in extinguishment of the pub
lic debt, or more particularly the debt of Reid,
Irving & Co., long since due* amount to $301,-
591. Since your last assemblage, the sum
$201,594 have been paid. The amount of
sterling bonds redeemed during the fiscal year
just ended, is £33,t)00. They have been re
ceived at this Department, and arc cancelled.
The coupons for the March and September di
vidends of interest have not been received, al
though the necessary funds hive been long
since forwarded to London for their payvicut.
The account of Messrs. Reid, Irving & Co.,
already mentioned, states the receipt of the
interest that was due in March last.
When it was ascertained that the surplus
means of the Treasury would authorize an
additional payment to the amount of $20,000
and upwards, as a further reduction of the
debt duo to Reid, Irving & Co.,' the nocccsarV
enquiry was made for the purchase of exchange
on London. About the same time the unwel
come intelligence of their failure reached this
country, which arrested the contemplated pay
ment, in consequence of not knowing to whom
it was to bo made. This misfortune to these
gentlemen, the patient and indulgent credi
tors of the State, cannot he otherwise than a
source of deep regret, which will be increase?,
by knowing that our indebtedness has produced
or even hastened this catastrophe in their pe
cuniary affairs.
The probable dissolution of this firm will
conclude the agency that was established by
contract, specific as to all necessary details, for
the payment of the incurring dividends of in
terest on the sterling bonds. Additionally, it
migUt be regarded as an alarming incident, if
the bonds, pledged to them as a security for
their advances to the State, and exceeding the
amount of these advances about $22,500,
should be put afloat on the market. The es
tablished integrity of this firm, however, is a
guaranty against such a faithless transaction.
Their agents, Messrs. Maitland, I*helps & Co.,
of the City of New York, strengthen this opi
nion in two communications under dates of the
Bth September, and the 20th ultimo, in which
they suggest that funds may bo placed in N.
York, and paid over on delivery of the bonds.
The plan suggested would be a great conve
nience to the State by changing the place of
payment, and for which adequate concessions
should bo made by allowing a liberal rate of
exchange and interest for the customary period
for the transmission of funds to London. I
therefore recommend an alteration of the sixth
section of the Act of 1843 on this subject,
which provides for annual payments on this
debt by the unappropriated balances in the
Treasury; and in case of a deficiency, then by
loan, so as to discharge the specific instalments.
The change proposed contemplates that this
debt should be immediately paid, irrespective
of the appropriations to bo made by the pre
sent Legislature; and in case of a deficiency
of means in the Treasury, that then it may he
supplied by a lo;m. Hut it is not supposed
that such a deficiency will exist, as the surplus
and accruing means of the Treasury are deem
ed adequate to pay all necessary appropria
tions and this debt.
The proposed alteration only transposes the
object for which the loan may be authorized,
and has been suggested so as to meet every
contingency, and particularly to bring to an
early conclusion this old and perplexing trans
action- .
The amount; of £15,000, heretofore men
tioned as having beeir sold by Reid, Irving &
Co.-, bears an interest of five per cent., paya
ble in London, but exceeding the rate of six
per cent, when an estimate is’ made of the price
at which the bonds were sold—the difference
of exchange between this country and Europe
and the Commission to oUr agents in London.
In every view, it is important that they should
be redeemed at the earliest moment. For this
purpose it is respectfully submitted that the
Governor be authorized to effect a loan, not
exceeding the necessary sum for their redemp
tion, payable in five years, or sooner at the
discretion of the Executive, and bearing an in
terest of seven per cent, per annum. It may
be proper to limit the maximum amount to be
paid so as not to exceed ninety per cent, of
the nominal value of the bonds—being that
which was originally advanced on them, and
about five per cent, more than was paid by the
present holders. This arrangement of course
can only be effected by the consent of those
now holding this class of bonds, which it is
supposed can be obtained.
So long as there is a single debt due by the
State, I earnestly recommend that every un
appropriated balance in the Treasury that may
hereafter exist, bo constituted as a sinking
fund applicable to the redemption of the pub
lic debt and that the Governor be authorized
to use it cither iu payment of liabilities that
may be due, or the purchase of such as are in
. market; with the restrictioxi that their nomi
nal value should not be exceeded.
Shortly after entering upon the duties of
the Executive office, I was required to conti
nue operations on the Western and Atlantic
Railroad. The means placed at my disposal
were an unexpended balance of $270,000, in
six per cent, bonds of the State, which at the
time were at a discount of twenty-five per ct.,
but gradually rose in two years within six to
eight per cent, of par. The principal limita
tion placed upon its expenditure was that it
should be economically applied to the uses of
the Railway of the Stater. It was manifest
that either in the sale of the bonds, or making
contracts for work to be performed on the
road, an abatement equal to the amount of the
discount on the nominal value of bonds must
have been conceded on the part of the State.
The plan of hypothecating the bonds for ad
vances made on them, and the making the
contracts payable in specie or its equivalent
i appeared the most feasible and advantageous
I to the public interest. The result of this ne
gotiation was. reported to the last Legislature,
with specific details as to the amounts, and to
whom pledged, as well as the amounts advan
ced. So far the anticipated effect has been re
alized, both in respect to the cheapness of the
! contracts in behalf of the road, and a gradual
advancement in the value of the bonds. A
! large amount of them is still encumbered by
the terms of the original h} r pothecation. In
; some instances banking institutions which
i had made advances, and held bonds exceeding
the amount yf such advances, required that j
they should be redeemed. In one emergency ’
of this kind, I was enabled to transfer from the *
I Hank ol Charleston to the banks in Savannah (
( the sum of $75,000 —the latter having kind- i
j ly given their aid by making advances and ac- 1
centing bonds on tlic terms that they were j
held by the llank of Charleston. In other
instances I availed myself of the funds of the
Treasury which were not immediately wanted
i for public use. My purpose was to sustain
public credit at every hazard, and not permit
i these public securities to bo exposed to a com
pulsory sale. The amount thus drawn from
i the Treasury, covered in part a transaction ot
my immediate predecessor with the Georgia
Kail Road and Banking Company, in which
$26,000, bearing an interest of six per cent,
j wore involved.
Tlur bonds so redeemed were placed in the
Treasury or under its control, with the direc
tion that they should he sold for their par va
lue. They have since been sold in this place
1 and Augusta, and the Treasury has been fully
reimbursed. The amount disposed of at par
exceeded that which was advanced by the
i Treasury; the remainder being less than $20,-
i 000, was sold at a discount varying from one
Ito two per cent. This loss of course fell on
the Kail Koad; was easily borne by the accu
mulating interest on the bonds, and is compa
ratively small to that which would have re
sulted from a forced sale. Another advantage
has been derived from this operation, which
is the extrication of bonds ot largo amounts,
exceeding the advances made on thorn when
hypothecated. These have been applied to a
debt of long standing to the Georgia Kailroud
and Banking Company.
The means used to sustain those securities
| and avert from the Railroad of the State seri
ous injury by a diminution of its assets, were
fully detailed to the Financial Committee,
| which assembled in this place last year —its
motive and necessity were then explained—
that I consider the bon Is thus redeemed as so
much money in the Treasury, and would be
immediately converted into cash, whenever the
public wants required their sale or even sacri
fice —and that in either event their destiny
would bo as safe in the hands of the authori
ties of the State as under an auctioneer’s ham
mer. Its end realized my expectation. The
Treasury has suffered no sacrifice —the public
creditor has encountered no denial or delay.
The report of the Treasury made to this dc
-1 partment in compliance with the act of 1843.
j exhibits the available means of the Treasury
to be $63,546 59. Os this amount $16,368-
! '59, consisting of the taxes of the present year
-and the poor school fund, arc a part of the rc
! sources of the Treasury, and applicable to the
j wants of the government for the fiscal year
! just commenced. To the last mentioned sum
! may be added that of $24,557, being the esti
i mated amount that will be required to meet
j the undrawn balances of the specific appropria
i tions. The unappropriated balances in the
i Treasury, may be estimated to exceed $20,000.
The report of the Treasury also shows that
j the specific funds, placed in some respects un
| dcr Executive control, have not been exhaust
jed in any instance. The contingent funds of
the last two years, were burthened with the
: payment of sfi,ooo on account of a subscrip
i tion authorized to be made for Cobb’s Analv
j sis.
The securities of a late defaulting Treasurer
! of the State have been twice sued, but in
i neither case has any portion of the amount re
ported as abstracted from the Treasury, been
recovered. Whilst his defalcation is certain to
some amount, a recovery has been prevented,
by a want of proof as to the time when it oc
; curred. After suing two of his bonds with
! out success, it became manifest that the same
1 difficulty would occur in relation to others,
i and hence I deemed it proper to desist. The
amount thus abstracted from the Treasury,
and reported to be about $20,000, may be con
sidered a total loss to the State. The sum of
$9,000 and upwards was recovered by the last
suit, being the amount of taxes paid by cer
tain banks, which he had not accounted for,
and did not compose any portion of his report
ed defalcation.
A suit has been, commenced on the bond of
J. K. Anderson, late Cashier of the Branch of
the Darien Bank at Milledgeville, and his se
curities in the county of Greene, and a ver
dict was lately rendered for SIB,OOO and up
wards. The defendants have entered an ap
peal. Also, another suit has been brought and
concluded against the same individual, and
his securities on their bond in his behalf, as
Book-keeper of the Central Bank. A recove
ry of about SIO,OOO has been effected.
The two last mentioned sums, or whatso
ever sum may be finally recovered by the ac
tion pending in Greene county, will be a part
of the resources of the Darien Bank and dis
tributable among its creditors. The amount
that may be recovered and paid will, to that
extent, dimisli the liability of the State as a
stockholder. Os this liability I have spoken
by my message to the last Legislature. The
opinion then expressed, is unchanged. It was
expected that after the great delay, there would
be impatience on the part of the creditors. —
Representations have been made by some of
them, complaining of the hardships that have
been suffered, and indulging the hope of their
early alleviation. All such documents, and
indeed call of every kind pertaining to the Da
rien Bank, have been placed under the care of
the Director of the Central Bank, with the
direction that they should cither be reported
to, or await the call of the Legislature.
During last year, the sum of $17,194 03,
was received on account of the military claims
against the United States. The objects to
which it was applied arc stated in an account
in this Department, with the State, with the
proper vouchers. The delay which attended
the rc-paymcnt of certain advances that were
made from the Treasury during the last year,
for the transportation, subsistence and cloth
ing, of the regiment required for the Mexican
war, gave no hope that a correspondence would
hasten the payment of these claims. Whilst
urging the ro-payment of the advances then
recently made, 1 took occasion to call the at
tention of the Secretary at War to what he
aptly calls in one of his letters the “old claims”
. of the State. Indeed, the apprehension was
felt that the new might fall into the same dif
ficulty of the old claims.
It is proper that I should add, that the pay
ment above mentioned was made without ad
ditional evidence, and it is supposed that a
more liberal spirit of justice and equity than
heretofore, was brought to the examination of
these claims. The difficulties attending their
liquidation, and adverted to in my message to
■ the last Legislature, will constantly arise. So
long as the Department at Washington ad
heres to the rigid rules that have been adopt
ed, these claims may be considered as post
poned in their payment. Additional legisla
tion in relation to them, by Congress, is deem
ed necessary, and may probably be obtained
by your urgent remonstrance against further
delay in the payment of these old claims.
During the past summer, from representa
tions made to mo, a number of executions
were ordered to be issued against certain
Banks for taxes due to the State. In the ab
sence of every kind of evidence that ought to
have been found in the office of the Comptrol
ler General, confidence was reposed in the
statement then made. This was strengthened
after reliable information had been received,
that an execution had some years ago been is
sued against the Insurance Bank of Columbus,
but returned in consequence of some irregu
larity as to the officer by whom it issued.—
The paramountlien created by the tax law of
1804, has brought in conflict the State and Mr.
James Ilolford, a creditor of the Insurance
; Bank of Columbus. The issue between them
I involved many facts, asserted on the one hand
| and denied on the other. I was reluctant to
! decide between the parties, and at my request
the question was reserved for your decision.—
In the meantime it was agreed that no steps
should be taken to enforce the payment of
their respective claims. I submit herewith
copies of the correspondence and contract with
Mr. Daniel MoDougald, as well as the corres
pondence of flie counsel of Mr. Ilolford. The
evidence submitted is voluminous, and de
posited in this Department. It awaits the j
call of the Legislature.
It is believed that a large quantity of land
in this State has never been surveyed, and if
| surveyed, many lots have been omitted to be i
disposed of by lottery or otherwise. Some at
tempts have been made to grant lots of the
j latter class, but on reaching this Department
; the grants hive been shopped, on the alleged
| and obvious reason that they had not reverted,
1 and were always the property of the State. 1
again recommend that all the ungranted lands
acquired since the vo ir 1820, except city and
town lots that have been legally reserved, be
sold under the direction of a Commissioner
appointed lor that purpose, who shall give
bond, with ample security, for the faithful
performance ol his duties, which will bo pre
scribed by you, and that ho be allowed acer- !
tain per centagc on the amount of sales made
by him. The nett proceeds of the sales may
advantageously form a part of the sinking 1
fund for the redemption of the public debt. i
The Supreme Court, whose establishment 1
was so long of questionable utility, in the j
opinion of several Legislatures, has realized to
I the fullest extent the expectations of its stead- j
| last advocates. Its usefulness has proven its
I necessity. It is reforming the irregularities |
! necessarily incident to the old system of judi
j cature, by impressing the stamp of uniformity
■on all of its decisions. Throughout our limits
j the rule is or can be made the same, whether
* in reference to person or property, crime or
! contract. Its organization, it is respectfully
l suggested, is defective in respect to the places
; where its sessions arc now held, and should be
! altered by designating live places only, which
arc easily accessible. The force of this sug
; gestion will probably be appreciated, by con
i sidering the great and increasing labors of the
1 Judges, which they are required to perform
. with promtitude, without superadding the
fatigue of arduous journics to inconvenient
points.
The restriction on the Reporter, by forbid
ding him to practice in the Courts of the State,
may in my opinion, be removed, as its justice
or necessity is not perceived. In some of the
Courts elsewhere, of like powers, this inter
dict does not exist. The Reporter has furn
! ished the required number of reports, which
1 await the direction of the Legislature. I re
commend their distribution to the several
States, from which this State has received
many similar proofs of kindness and liberality.
As connected with the judicial term of office,
some embarrassment has already arisen, and
may hereafter arise. In my opinion the Con
stitution Axes the term of office according to
the calendar, and not political or liscal year. —
The date when the officer is qualified is the
| beginning of his official term; but before its
expiration a successor is frequently appointed.
In such case the Governor can issue acommis
| sion only alter the one immediately preceding
I has expired.
In paying the salaries of the Judges of the
Supreme Court during the last fiscal year, it
was discovered that their commissions issued
on the 24th December, 1845, about fifty days
! after the beginning of the fiscal year; and the
j act of appropriation declared their salaries to
be the same as in the present year. The Con
stitution also declares that their salaries shall ,
I be adequate to their services, established by
■ law. In this conflict I deemed it proper to is
sue warrants on the Treasury reckoning only
from the time when they were qualified and
commissioned, and not from the commence
ment of the fiscal year of 181-5. If in this
there bo error, you will doubtless avail your
i selves of the earliest occasion to correct it. I,
I however, will not omit to remark, that accord
ing to the Constitution, their commissions will
| not cease until the two, four and six years,
mentioned therein, shall have fully expired;
and though peeformin" duties after other fiscal
years have commenced, still they will be en
titled to and receive the prescribed salaries.—
Indeed, it is only a question as to time, when
the fraction of a quarter’s salary is to be paid
—either before or aftc r the required judicial
services have been rendered,.
The Honorable Judge of the Ocmulgce Cir
cuit has, in compliance with the duty requir
ed of him, suggested a modification of the
penal code. The language employed as des
criptive of the punishment of olfences is inde
finite, and the various applications in judicial
districts suggest the proprie ty of amending this
defect. Copies of his letter are laid before you.
The general disuse into which the militia
laws of the State have fallen, and the many in
effectual efforts made to revive and enforce
them, may properly present the question
whether they should not be suspended; and
that inducements be offered for the forma
tion of volunteer corps. A reluctant and
compulsory service contrasts feebly with that
which is voluntary and energetic. The neces
sity of a military police in certain localities has
been so apparent, as to lead to the organiza
tion of volunteer companies, irrespective of the
militia. The adopted plan of prosecuting the
existing war with Mexico, is independent of
the militia as contradistinguised from volun
teers, and it is presumed that this plan will
be continued. Indeed, it may be affirmed as
true, that the practical operation of our mili
tary system, especially of that portion which
requires a compulsory service, has furnished
but meagre proof of its fitness to impart the
customary qualification of a soldier, or even to
ascertain the effective military strength of the
State.
It is therefore respectfully proposed that the
militia be disbanded by a suspension of the
military law's as to them —that this suspension
shall continue until a necessity for their revi
val shall exist, which shall be judged of by
the Com in an dcr-in-Chi of, and that he be au
thorized to order their reorganization, and in
case of default, appoint and commission the
proper officers for this purpose.
As a substitute, it is recommended that vol
unteer companies be encouraged, by exempt
ing their members from the performance of
other public duties, and the distribution of
arms from the public arsenals. The counties
in which no volunteer companies exist, should
be preferred in the allotment of arms, to the
end that the plan as proposed may be univer
sally adopted. By it a military force will pro
bably be organized for immediate action, and
amount to at least seven thousand effective
men. Additional encouragement would be
given, as well as a broader military education
acquired, by providing that when a number
of volunteer companies may form themselves
into battalions, regiments, brigades or divi
sions, they may be authorized to appoint the
appropriate officers in conformity to the exist
ing laws of the State. This would load to en
campments, in wdiich it is thought the educa
tion of the soldier is much advanced.
The enumeration of the militia of this State
is palpably defective. Without interfering
with the plan which has been proposed, it may
be made more accurate through the agency of
the Justices of the Peace, who, in addition to
the duty now required of them, to deliver to
the Receivers of tax returns, lists of persons
subject to be taxed in their districts respec
tively, should also be required to render other
lists of persons liable to perform military duty.
These lists, after being duly certified, should !
be transmitted to the Executive Department, j
and under the supervision of the Governor
consolidated, as to counties, brigades or divi
sions, and forwarded to-the Adj utant General
of the army of the United States.
For this service,suitable compensation: should
be given, to the Justices not exceeding: the
rates allowett to those engaged in tailing; the
last census, for every soldier enrolled. It is
further suggested that the enumeration ac
cording to the proposed made* may be requir
i cd to be made only at the end of every fourth
successive years.
In the month of May of the last year, the
President of the United States made a requi
sition on Georgia, for a regiment of infantry of
i volunteers, to aid in the prosecution of the
( war with Mexico, and to serve for twelve
1 months, unless sooner discharged by the au
thorities at Washington. The appeal then
made was promptly responded to. A force
exceeding that which was required was volun
tarily tendered. In less than a month after
the call was made, the regiment was organized
and Immediately marched to Mexico. After
fiddling the terms of their enrolment, and per
forming all that may become soldiers, they
were honorably discharged.
During the past Spring, another requisition
came from the same source for a battalion of
infantry of volunteers, which I r grot to say,
has not been so promptly raised. This delay,
I may in part be attributed to the recruiting es
tablishments in many sections of the State,
where un unequal competition existed, in con
! sequence of the bounties paid to recruits by
| officers of the army of the United States. This
State having appropriated no funds for this
I purpose, could not reasonably be supposed to
i be as prompt in action, as those representing
the Federal Government and provided an ith
greater facilities. Moreover the service of the
volunteer and recruit will probably be the
same and continue as long as the war.
N atwitlistauding the existence of these em
barrassments, I am gratified in stating that the
battalion has lately been completed, after four
companies composing it had marched under
i the order of the Federal Government to Mex
ico. Isaac G. Seymour, Esq., on the 30th of
last month, was appointed its commander,
with the rank and title of Lieut. Colonel. The
reasons operating on the Executive are set
forth in the order for his appointment, and
more fully adverted to iu the distance of Lieut.
Col. Calhoun, heretofore mentioned.
During the past summer the President made,
an additional requisition for a company of
mounted men. As in the case of the Regi
ment of infantry, great competition existed.
The selection was made by accepting the ser
vices of Capt. Loyall, of Newton county, and
his command, who first tendered their services.
They are now in the country of the enemy.—
Shortly afterwards a battalion of mounted
men was required. It was promptly filled,
and is now marching under the command of
Lieutenant Colonel Calhoun, by Executive ap
pointment. It is proper that I should add,
that this last battalion has a supernumerary
company, owing to some irregularity in the
mustering officer, but which at my request was
retained in service by the Secretary of W ar.
The Executive appointment of Lieut. Col.
Calhoun, is a departure from the precedent
heretofore established, but made under the
necessity of the case. I was notified by the
mustering officer of the United States, that a
part of the battalion, before it was fully or
ganized, had left the State. I had no author
ity to recall them for the purpose of electing a
; commanding officer. Nor was it deemed pro
per that a part should elect for the whole.—
Thu only obstacle encountered was the prece
dent that had been established and uniformly
acquiesced in. "Without this precedent, I
should have regarded the legal competency of
the Executive, under all circumstances, to
make the appointment under consideration, as
explicit and unquestionable. In view, there
fore, of reconciling, in ray opinion, this con
flict between usage and law, I recommend
when the militia or volunteers are called into
service by the requisition of the Federal Gov
ernment or otherwise, that the Governor
be vested with the authority < f appointing the
field and general officers, according to the
force that may be assembled.
Following not less inclination than the ex
ample of other States, it is deemed proper and
! just that fit testimonials should be awarded to
' the sons of Georgia who have distinguished
themselves by their skill and bearing on the
sanguinary battle-fields in Mexico. The per
formance of duty, and its appropriate reward,
should be inseparable. lienee I commend
these brave men to your care and justice.
The extension and early completion of the
"Western and Atlantic Railroad may now be
commended with groat confidence to A'our con
sideration. The doubts heretofore embarrass
ing this work of State enterprise arc merged
into its great usefulness and national impor
tance. The productions of the country through
which it runs have increased in quantity and
value. As a necessary consequence the free
hold interest has felt its quickening influences.
Even the Treasury has indirectly received sub
sidies from it, by reason of the constant and
earnest enquiry after the reverted lands of the
State in its vicinity.
Virginia, Tennessee and Alabama, in part,
have adopted it as the most convenient mode
of reaching a Southern Atlantic port with their
productions. By it new commercial relations
have been established, and social intercourse
happily promoted. The navigation of some of
the Western rivers heretofore deemed difficult
and almost impracticable has been proven by
the energy and enterprise which have been
awakened by your great work of internal trans
portation. Similar works communicating or
intended to communicate with it, have been
revived, or started into existence. Nor should
it be overlooked that it is an important and ne
cessary link in the chain of internal improve
ment that is to connect the Southern Atlantic
ports with the middle valley of the Mississippi
river.
These illustrations and inducements urge
Georgia forward to the performance of her
duty and advancement of her interests. A
space of less than forty miles is her allotted
part of this great work. An outlay of $375,030
will complete her task, and improve a previ
ous expenditure of more than $500,000 that
is now lying idle and unprofitable. The road
for a hundred miles has been finished and put
into successful operation, when your finances
were disordered and public credit depressed.
These embarrassments arc now only partially
felt. Moreover. Tennessee at my request, has
promptly and liberally extended your charter
for the completion of your road within the
next twenty-six mouths.
la addition to these suggestions, I am gra
tified in laying before you the operations of the
road for the last year ending in September last.
The total receipts,as reported by the Chief
Engineer, amounted to $89,483 72; and nett
profits $37,800 63. The expenses of the last
fiscal year, paid within this, amount to $6 500,
and those of the present year to $15,453 07.
The appropriation made by the last Legislature
ofs 130,000 has been expended with the ex
ception of $28,500. The sum of $1,500, has
been applied to the redemption of scrip, in
compliance with a remarkable provision of the
act of appropriation of the late General Assem
bly. The unexpended balance, just mentioned,
is liable to be reduced by debts against the
road; though it is reported that after pa)*ing
all outstanding liabilities, still a balance will
remain. The indebtedness has arisen from
the difficulty in the sale of bonds of that class,
which were ordered by the last Legislature.
The report of the Chief Engineer has boon
ordered to be printed and laid before yog, In
parting with the Chief Engineer and hisa^enu
• employed on the road, I willingly gi Ve mv
I evidence to the fidelity and promptitude with
which they have performed their duties.
I A contract at the present time exists with
• the General Post Office Department for the
s transportation of the mail at one hundred clol
; lars per mile per annum. This contract will
• end on the first of December next. I M H
unwilling to conclude an agreement trim* w «ul.l
l run through a period of four years without the
authority of the Legislature. I u submitting
■ this subject to your consideration, I should re
mark that the Post Master General has re
cently proposed an alteration in the mail sclie
• dole on the Stater oad, which contompfates
■ the departure of the cars from Atlanta at
half past twelve o’clock in the day. Its c&m *
will be to cause their arrival at Dalton at cbdit
o’clock in the night. Mail service in the ni«ut
is usually entitled to a higher compensation
than that performed in the day.
The marketable productions of that section
of the State, which the rail-road penetrates
and those that are contiguous, arc mostly
breadstuffs in some form of largo bulk, and in
capable of bearing tire expense of a long trans
portation, unless the foreign demand, usually
the effect of scarcity, should enhasice the pri
ces. To any great extent, therefore the foreign
markets cannot bo relied on, unless in the
supposed case of deficiency of food. The most
uniform customers will be found, among those
who are diversifying the industry of the Statq
by the establishment of manufactories iSy
increasing the number of these, the agricultural
productions of the State will be also increased*
and in a great measure consumed at home-
It is then respectfully submitted, whether the
fostering care and liberality that have been
exhibited by the State on her works of inter
nal transportation may not be extended to the
encouragement and growth of the mechanical
arts! It" not inseparably, they surely are in
timatcly connected. An increased amount of
freight will enhance the value of the State rail
way, but without a market .neither railway nor
agricultural industry can flourish.
Other considerations of e jually grave import,
cannot fail to attract your attention iu con
nection with the industrial pursuits of the
State, and the policy if not necessity of effect
ing some modifications in them. The great
defect is the want of diversity incur labor. It
has been concentrated on the rearing of one
great staple, which with the contributions of
other States of a like production, has through
a series of years, so accumulated in the mar
kets of the world, as scarcely to leave to the
planter remunerating profits. In the mean
time an exhausting system of tillage has ren
dered the soil less productive. Firmly con
vinced that the amount of labor, as now and
heretofore directed iu the State, is greatly dis
proportionate to the other industrial processes
of life, and its tendency is to decline and ul
timate decay, I would suggest as a remedy, the
incorporation of manufacturing companies,
with the most liberal charters. The grant of
these cannot injuriously affect other interests,
but on the contrary promote them. The charters
will be inducements to new investments, and
as they may divert capital and labor from other
employments, especially from agriculture, to
that extent the planter will be removed from a
competition that has been dragging down the
price of his staples.
Like all the great works of internal improve
ment, the plan in view contemplates that there
should be joint effort and co-operation. A
wise policy will awaken the incentive to ac
tion, and impose no restraint that will retard its
progress or mar its success. An exemption
from taxation or the imposition of a small tax
for a specified number of years, and also an ex
emption of the private property of the stock
holders from liability for the debts of the com
pany of which he is a member, would in my
opinion, conduce to the establishment of ex- ‘
tensive manufactories, and as a consequence
give an impulse to all the useful mechanical
arts, and their train of attendant blessings.—•
Os these, in a paper like this, it can scarcely
be expected that I should address you at huge,
except by suggesting for your consideration,
a comparison betweent hose communities, how
ever extended into States, Empires or King
doms, in which the pursuits of labor arc so
diversified as to supply general wants, and
those which arc confined to the production of
a few rich staples to the neglect of the com
mon necessaries of life—the general effect of
that trade, in which the raw matcrais are re
turned in manufactured fabrics at increased
prices, varying from two to five hundred per
cent; and an impartial examination of the
natural advantages in motive power, climate
and o, home market.
Nor will this subject in relation to the ex
emption of the i rivatc property of the corpor
ator be dismissed without adverting to the pro
bable effect of such policy. It will be an in
vitation to foreign and domestic capitalists to
invest in manufacturing companies, and so far
from inducing an abuse of it will operate as a
restraint on credit. Unlike the bills of a bank,
which pass by delivery, and for the time being
constitute the holders thereof the creditors of
the bank, the contract of manufacturing com
panies are usually special and restricted to the
original parties. The prudence r f the cred t>r
in such instances, generally guards h;m against
injury or loss. As an equivalent for this
privilege, I recommend that each incoiq. orated
. company bo required under a specific penalty
to give to each indented apprentice, the oppor
tunity of acquiring, free of expense to the ap
prentice, the redimeuts of an English education.
In this aspect the plan is fraught with philan
throp)'. Our educational system is in some
respects deficient, by reason of the sparseness
of population, and the distance of the pupils
from places of instruction. By the proposed
scheme, classes will be assembled, and the
facilities of mental improvement be afforded,
without public aid. At the same time, the
apprentices will be accustomed to habits of
industry, so that ou reaching the end of their
apprenticeship, they may go forth furnished
with the means of success in life. It is this
combination of mental culture aud habits of
bodily labor, which has produced the most
energetic aud successful men of the modern
age. Socially it is worthy of trial, if experi
ence may be presumed to teach the same les
sons everywhere—individually it teems with
promised blessings, as it disarms poverty of
want, aud rescues ignorance from folly. The
objection that the population of manufacturing
districts in other countries is usually dwarfish
and dependant, cannot be supposed to exist
with us, unless we overlook the proofs of expe
rience in other States. —The people of the Eas
tern States in which the mechanical arts mostly
flourish, are carrying their pursuits into, and
impressing in some degree their opinion on
every part of the Union. So far then from
creating a class of dependants, the reverse may
bo affirmed to be true. What condition of life,
however humble, has not furnished its quote
of men, who have illustrated that neither
ignorance nor poverty can repress the suc
cessful aspirations for wealth or honor? Ib°
genius of our institutions forbids that man
should be a when tempted or train
ed to exercise his body and mind. A
forecast, partaking of the’gencral freedom wdh
which w e are surrounded should apply c
incentive to both.
A resolution of tho last General Asscnibiv
required tho Executive to appoint two corf
misioners ou the part of Georgia to meet sUt 1
as might be appointed by Florida, for the p u s
pose of definitely settling the boundary be
tween the two States, with such restrict
as the Governor might deem iiccessar}
repose. The power, granted to this Denar ;