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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 ;