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THK CUfISTITIITIUNAL lSf . I
JAMES GARDNER, JR.
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Augusta, Georgia.
FRIDAY MORNING, NOV. 5.
igSgT To Correspondents. —We publish this
morning a communication over the signature
of “Good Faith,” in answer to “Moderation,”
arid will give the conclusion as soon as we can
find room for it. It has been on. hand for
several days, and crowded out by matter
more important to our readers in general. As
the Legislature is now in session, and wc will
be pressed for room, Ave must give notice both
to “Moderation” and “Good Faith,” that their
communications being of that character, —“de-
signed to promote private or individual inter
est,” according to a standing rule of this of
fice we will charge, as advertisements, their
future numbers.
[Editorial Correspondence of the Constitutionalist."]
MILLEDGEVILLE, Nor. 2, 1817.
Though Milledgevillc is full of people, of
Brittle and excitement, and full of the elements
of political agitation, but little is transpiring
to the outward view of the observer which is
worthy to be chronicled. The throng is very
great and still increasing. Every class and
condition of life is here represented. The as
pirant for the pettiest olfice, and for employ
ment in the merest drudgery, jostles and el -
hows the great man or would-be “honorable”
who holds himself in readiness to serve his
State and country in the loftiest station. They
can look into each other’s faces and read there
a common expression of* solicitude and hope,
and feel drawn to each other by a common
bond of sympathy.
“A fellow feeling makes us wondrous kind.”
This is of course subject to the exception as
to competitors for the same office. But com
binations, and trading and exchanging of votes
Uhd influences arc much talked about between
candidates and their respective friends.
Whether any thing of this will come to ought,
save mere talk, or whether any democrat will
by this means find himself elected to office in
the general scramble, remains to be seen. My
opinion is that the whig party, with char
acteristic union and discipline, will find its
small majority on joint ballot ample for all
practical purposes, and will allow no arrange
ment which can result in the election of a
democrat to any prominent office. The demo
cratic party can achieve no strength for itself,
Aas a party, even by success in an occasional
W instance in getting one of its candidates elect
ed. The whigs have Avon the victory by su
perior tact in the local elections. Let them en
joy the spoil*. The democrats have been
faught a salutary lesson. Let them slioav in
the Legislature the effect it has produced, by
adhering together —A'oting together on all
elections, concentrating upon one candidate in
each case, and leave the whigs to scramble
and squabble if they choose.
The election of our tOAvnsman, AndrcAv J.
Miller, Esq. to the Presidency of the Senate,
Avas rather a surprise to the uninitiated in par
ty mysteries. It Avas feared that a prejudice
might arise against what has boon called the
Augusta clique of Avhig politics by the elec
tion of both presiding officers from the same
place. A jealousy has long existed against
Augusta on this subject. Yet it is a very im
fdst one. The whig delegation from there
has usually been strong in talent and moral
worth, and it has never been arrogant or as
piring. Honors bestowed upon its members
have often been unsought and undesired. In
the present case, it was well knoAvn that Mr.
Jenkins Avould have preferred not to occupy
the Speaker’s seat. But as it Avas determined
to thrust it upon Irirn, it Avas thought by many
that Mr. Miller’s claims would be again post
pone!. The election, hoAvever, of this gentle
man was a deserved compliment. Ho has
been for many years one of the most efficient,
ablo and useful members of his party in the
Senate. His business qualities are unrivalled,
and in point of suitableness for the office, it
would have been impossible for the Senate to
have made a better selection.
It will be noticed, that the Democrats in the
House complimented Mr. Jackson, of Walton,
by voting for him for Speaker. This was
wholly unexpected by him, and took him quite
by surprise. He is a young man, and one of
the most talented and efficient of which the
Democratic party can boast. There was no
nomination and no concert of action among the
Democrats in the House, or Mr. Jackson
would have got a unanimous vote. The party
could have united upon no member in that
body with more hearty good Avill.
Among the most interesting incidents of the
’elections so far, was tho candidacy for Messen
ger to the House, of a young soldier Avho had
SGTA'ed and bled on the renowned field of Bu
ena Vista. lie lost his left arm in that memo
rable engagement, by a musket ball, Avhich
struck him in the elboAv joint, and rendered
amputation necessary. He was a private in the
famous Mississippi Rifles, a regiment which,
under the gallant Col. Jefferson Davis, saved
the day by its indomitable courage, and oover
- cd itself with glory. The name of the young
soldier, who is about twenty years of age, is
Bigby. I need scarcely add, even were you
not already apprized of tho fact, that he was
ejected. He was not elected on the first bal
lot, but a friend standing by him in the gallo
■y, immediately after the result of the vote
! was given, recommended him to show him- J
self upon the floor. He went down among
the members, and Avhcn they saAv his young
and ingenuous c ountenance, and his mutilated
limb, the effect was electrical. He ran after
that in a style quite to astonish his competi
tors, and Avas in its Avay quite as SAvift as some
of Santa Anna’s exploits in running. For as
the latter got out of the danger of cannon
balls and musquetry,, so did Digby run out of
the roach of competition, and was triumphant
ly elected.
After this impressive example, I think that
a recruiting sergeant, with his drum and fife,
might have done a good business in Millcdge-
A'ille in the way of enlistments. True patri
otism Avould have found vent, and the disap
pointed candidates Avould have discovered that
the royal road to preferment in civil life, in our
military country, is across the battle-field.—
This road, hoAvever, has its reasonable limits
as has been discovered by the partv tacticians
who nominated General Clinch on tho strength
of his military services alone.
The Governor’s Message was read to-day to
both houses, as you will perceive by tho re
ports I send you of their proceedings. I shall
not undertake at this time to comment upon
it. But Avill in a day or tAvo present some
views suggested by the topics it discusses.
G.
NOVEMBER 3d, 1847.
I have time before the mail closes this morn
ing to send you a copy of Col. Towns’s Inaugu
ral Address. I have obtained it,as a special favor
previous to delivery. Before it reaches you
however, it will Lave been pronounced to a
very large and brilliant assemblage, and Col.
Towns Avill be Governor Toavus of this great
State. The number of visitors here is beyond
all precedent, on a similar occasion. I am
struck particularly with the array of beauty
and fashion Avhich almost every part of Geor
gia has contributed to the display.
I attended last evening a Fair ,given’by the
ladies of the Episcopal Church. There Avcre
fair and beautiful ladies and rosy children,
sufficient to warm the heart and inspire the
imagination of an anchorite. The Inaugural
Ball to night, which I shall not attend, pro
mises to be very brilliant. I will endeavor to
get a graphic description of it, but do not pro
mise to furnish it to you second-hand.
I presume to-morroAv the Legislature will
proceed to the election of State House officers,
and next day of Judges and Solicitors. G.
HOUSE OF REPRESENTATIVES.
TUESDAY', Nov. 2, M.
The House met this morning being proper
ly organized.
Mr. Jones of Paulding, laid upon the table,
the folloA\ ing resolutions, which were road,
to wit :
Resolved, That tho Chief Engineer bo and he
is hereby required to lay before this House a
full statement of tho equipments of this Hail
Road, condition, &c.; lioav many locomotiA'es
haA*c been purchased and at what price and of
whom bought; lioav many freight cars, at what
i price and of Avhom bought; how many passen
ger cars, of whom, at Avliat price and AA-hon
bought, AA'hat loss has accrued iii the purchase
or exchange of engines; hoAv many of each as
above named have been hired for general use,
of whom, at what price or terms; lioav many
for particular purposes, for Avhat particular
I purposes or on Avh it terms; Avhat was tfic cost
i of such'particular occasions, including all ex- *
| penscs, and Avhat the receipts from the loco- !
i motives and cars so hired;What has been the :
1 cost of repair of road and equipments monthly;
what has been the receipts from freight on j
property of individuals; hoAv much has been
charged for State property monthly; how many
. passengers monthly paying fare, from what
station, to what afhtion; how many free pas
, sengers, AA’ho they were and on Avhat authori
ty they Avcre permitted to pass free; has any
difference been made in charging for passage,
■ how and on what authority and what differ
, encc.
2nd. Resolved, That the Chief Engineer re
port to this House what contracts have been
! made for Avork on the Western and Atlantic
* Rail Road since December, 1843. What by
private contract, with whom, and at Avhat
, price; what by public contract, with Avhom,
and at Avhat price, and lioav notice Avas given
' of the public lettings.
3d. Resolved, That the Chief Engineer rc
; port to this House how many persons are cra-
ployed on the Road; in what capacity, and at
what salary or wages.
On motion of Mr. Goulding, the Messenger
Avas directed to prepare scats within the bar
for the use of Editors, Reporters, &c,
3 O’CLOCK, P. M.
Agreeable to a concurred resolution, the
Senate and House of Representatives conven
ed in the Representative chamber and counted
out the A'ote given at the late Gubernatorial
i election.
Towns 43,220
Clinch 41,931
Town’s majority 1,289
The following joint committees were appoint
ed to wait on the Govenor elect, and inform
him of his election, &c.
Fuom the Senate.—Wiggins, Holloway,
Fort, Maxwell, Glenn.
House of Representatives.—Freeman, Ca
. bincss, Mosel y, Bcthuue, and Robinson of !
J asper.
Mr. Jones, of Paulding laid upon the ta
ble a Resolution calling upon His Excel
lency, the Governor, for information in relation
to a portion of the Georgia Battalion*
INAUGURAL ADDRESS,
OF
GOVERNOR TOWNS.
Senators and Representatives:
Upon you devolves the duty of enacting
such luavs, authorized by the Const tution, as
will best promote the interest, and secure the
prosperity of the people of the State; upon mo
will soon rest the responsibility of seeing all
such enactments,faithfully and impartially exe
cuted.
Whether we contemplate our geographical
position; the variety and extent of our agricul
tural products; the moans of intercommunica
tion—national and artificial; the value of our
mines, and miners, and tho condition of the
people morally and intellectually, Ave are for
cibly admonished, that the interest, as well as
the just expectation of a common constituency,
require that harmonious concert of action in
the discharge of our official obligations, which ;
Avill secure to them the advancement of a sys- |
»—» ■*•*—■«■ ..l— n »*f
tem of permencnt benefit in reference to all
these important objects.
It will be my greatest pleasure to give effi
. cient aid to any system of intellectual and mor
al improvement that may be equally accessible
to all classes of our citizens.
\ our attention will doubtless, be directed to
the present condition of the Western and At
lantic Hail lioad. Whatever difference of
opinion may exist with regard to the enterprizo,
the advantage which may be anticipated to the
State, or the amount still necessary to its com
pletion, all will agree that the action of the
present Legislature should permanently settle
the question of its extension.
I do not propose to indulge in unmeaning
praise of the benefits that are to result to the
State from this work. It speaks for itself. It
stands as a monument creditable to the enter
prise and persevering industry of our people,
and will continue under judicious manage
ment to dispense its blessings not only to the
present generation, but to those that are to
come after us. It rests with you, hoAvcver, as
the representatives of the people to determine,
whether this great work shall be prosecuted to
completion as well as the mode of the prose
cution.
I can now but repeat, what I have repeated
ly said on other occasions,.that I shell cherful
ly co-operate with you in any action which
you may, in your wisdom, Fhink proper to t ike
on this subject, not inconsistent with the Con
stitution or burdensome to the people.
Public faith and private integrity, are the
sure foundation of our free institutions. The
one cannot exist without the other. There
must be no repudiation by Georgia. The cre
dit of the State must be maintained, its honor
vindicated, and if from any cause, the one has
been made, to languish, or the other to blush,
let it be your patriotic duty, by the wisdofn of
your measures to elevate the standard of both
beyond the roach of possible contingencies.
While we have interests peculiar to our
selces, arc others which we possess in
common with the other States of the confeder
acy. During the present year especially, we
have seen the capital of the whole country
actively employed, its industry, throughout
the length and breadth of the land, abundantly
rewarded. While famine and misery have
fallen with a heavy hand upon the inhabitants
of the other countries, we have enjoyed a sea
son of unexampled prosperity. Whether this
is the result of that system* of liberal trade
adopted by the present administration in part
or the whole, is not now necessary to enquire.
Prosperity is every where seen and felt. It
exists not in theory, merely, but is actual,
I positive, palpable, and nothing short of rank
folly would suggest or desire a change in this
respect. Put in the midst of all this we are
reminded that war exists between our Govern
ment and the Republic of Mexico. This war
was not of our seeking, nor is our Govern
ment responsible for its consequences. Forced
upon us by the act of the licpublic of Mexico,
I have never entertained a doubt that justice
to our own citizens and the honor of the Nation
imperiously demand' its prosecution with all
the power and energy of the Nation.
Intimately connected with the Avar, is a
question of A r ital concern to the slave-holding
States of the Union; should the pernicious
principles of the Wilmot Proviso, receiA'e the
sanction of Congress, and become the fixed
policy of the Federal Government in reference
to its territory hereafter to be acquired, it
Avould constitute a case of Federal usurpation
too intolerable for endurance. An act repug
nant to the Constitution, destructive of our
rights, and dishonorable to Georgia as one of
the parties to the Federal Compact, should re
ceive, as I doubt not it would, the united re
| sistance of every true hearted friend to the
State.
Senators and HeprescntatiA'es, I am prepared
to take the oath of office, not loss sensible of
my OAvn weakness than solemnly impressed
with the responsibility of the arduous duties
that aAvait me. With no past experience to aid
and direct me, I bring to the task, an earnest
I wish, and sincere desire to promote the pros
i perify of the State, avliosc destiny, under
; Providence, is for a season entrusted to our
; care.
E’F 3 The Hamburg Journal of the Ith inst.,
contradicts the report put in circulation, that
Col. Burt, of South Carolina, Avas about to re
sign his seat in Congress, or would decline a
re-election to that body. That paper says, “we
have the very best authority for pronouncing
both reports premature and entirely without
foundation.”
The Supreme Court commenced it fall ses
sion in Milledgevi lie on Monday last—all the
Judges in attendance. It is thought there is
sufficient business to engage the Court a Avcck.
The following gentlemen Avere on Monday
admitted to practice in this Court: Hon. Jno.
M. Berrien, Win. P. Gauldcn, Wm. W. llecsc,
Jno. C. Sneed, Jas. O'. Gould, David A Yasen.
The Synod of Georgia will assemble in "Ma
rietta on the 18th inst. The introductory dis
course will be deliA’ered by the Hca'. Dr. Church.
President of Franklin College. The citizens of
Marietta have made provision for all who may
attend.
The Alabama. Professorship in Oglethorpe
University, has been filled by the Synod of Al
abama, by the election of the Ilev. 11. C. Smith,
Mr. S. has accepted the appointment, and will
enter upon his duties at the commencement of
the next term of the Ist of January next.
IVliiscog'&e Rail Road*
We see it stated in the Columbus Times of
2d inst., that a largo and respectable meeting
of the Citizens of that city was held on the
Saturday previous, Avhero it Avas , resolved,
unanimously (with .the exception of one dis
senting voice) that the city of Columbus be
advised to subscribe for 1,500 shares of the
capital stock of that roa 1, and to issue her
bonds to the said company, in payment of
said stock —the bonds to run to maturity, ah
nually, from 1852 to 1862, at 7 per cent, in
interest, and the Hail Hoad Company to take
them at par.
The Council, acting on the suggestion, met
and referred the subject to their committee on
Finance, with instructions to report upon the
ways and means to provide for the payment of
the bonds and an ordinance to make the sub
scrition of .$150,000. We understand that it
will pass at the next meeting of the Council,
without dissent.
We further learn that the Hall Hoad com
pany has determined, forthwith to put a large
force on the Hoad.
1077 Bales Gotten Destroyed*
The Greensboro (Ala.) Beacon, of the 30th
ult;., contains the particulars of tho destruc
tion of a Cotton Warehouse on the Warrior
River, in Avhich Avas stored 1077 bales cotton
belonging to a number of planters in Green
county. It Avas thought to be the Avork of an
i incendiary, as no fire Avas used in the Avarc-
I house during the day.
|| I || T| ||||||| MJBI HU
The Georgia Battalion-
Capt. Isaac G. Seymour, of Macon, has ac
cepted the command of the Georgia Battalion
of Infantry.
Annual masonic Convention*
The Macon Telegraph, of the 2d inst., says —
“The Grand Lodge of Georgia assembled in
this City on Monday last. H. W. John Hun
ter and Amos Benton, Deputy Grand Mas
ters, presiding.
On Tuesday morning, at 11 o’clock, the an
nual Address was delivered by Wm. L. Mitch
ell, Esq., of Athens, and at half past 2 o’clock
iu the afternoon of the same day, the solemn
and impressive ceremony of laying the corner
stone of a Monument to be erected to the me
mory of the late, lamented, Dr. Ambrose Baber,
a member ot the Order, was performed at Hose
Hill Cemetery, after AA'hich a beautiful and ap
propriate Address was delivered by Judge
Dawson.
The attendance from Subordinate Lodges,
avc understand, %vas very large. The folloAV
ing gentlemen were elected Officers of the
Grand Lodge, for the ensuing year.
M. W. W. C. Dawson, Grand Master.
11. W. J. Hunter, Deputy Grand Master.
H. W. A. Benton, “ “ **
H. W. A. Alden, “ , “ «
Worshipful H. Flewellen, Senior Warden,
“ J. W. King, Junior Warden.
“ P. Solomons, Treasurer.
“ S. Hose, Secretary.
“ J. AVI Talley, Chaplain.
“ T. M. Furlow, Senor Deacon.
“ H. T. Turner, Junior Deacon.
“ —Dellapericr, Marshal.
“ Jason Burr, Tyler.
Alabama Troops*
We arc pleased to learn from the Montgome
ry Flag, that the requisition on that State for
a battalion will not only be filled and marched
forward, but that a regiment is, in all proba
bility, now complete.
More Steamers to Charleston*
AVe obsexwe that a new line of Steamships is
about being established between New York and
Charleston, by Messrs. Sands,, Davis & Co., of
the former place. The line is to be composed
of two first class steamers of from 12 to 1300
tons each —one of them is hoav building, and
both will cost $300,000.
[communicated.]
Wilkes County Rail Road*
Mr. Editor: —Your correspondent “Mode
ration,” in his tAvo last articles, has “joined
issue” on the extent of the exclusive priA'ile
ges of the Georgia Rail Hoad. I really know
not Avith whom or avliosc arguments this issue
has been joined. I Inwe seen or heard Os no
public discussion on the subject, except upon
the same side, and should deem the discussion
of no practical importance iioav, w ere it not
that silence might possibly be construed into
acquiescence in the extraordinary positions as
sumed by him.
Having no antagonist to answer, and no
thing but the charter itself to guide him, it is
somcAvhat strange that he should anticipate so
many objections if his own propositions be so
very clear as to require an apology for discus
sing them. He thinks that the “ many ’ who
have fallen into error upon the interpretation
of this privilege have been “ careless readers”
of the chartci. “ Careless readers” are most
apt to get at tho plain moaning and obvious
intentions of the Legislature. Interest and
study will often furnish us with subtleties that
did not at first occur to us.
I ackuoAvledge myself to haA r e been one of
those “ careless readers.” Iw as unable to see
the difficulty until pointed out to me by a law
yer, and I presume no original stockholder in
the Georgia Hail Hoad would have been more
surprised to hear that the Company had no
Charter at all, than to haA’e heard of this new'
interpretation of it. They knoAV the history
of the Charter—they knew the origin and ob
ject of the exclusive priAllege—they kneAv
what it cost them, and know the intention of the
Legislature in granting it. They were there
fore not prepared for this new' interpretation.
I think I may go further; —l do not believe
hat any candid and honorable man closely con
nected with the rival Rail Road interest at the time
the Charter w r as granted, will uoav deny the
intention of the Legislature in granting the
privilege in question. The writer of this has
had conversation more than once with gentle
men connected with the Central Hoad, who
never denied the extent of this privilege. lie
recollects well to have heard the lamented Gor
don speak of the value he Avould place on a
1 branch to Warrcnton, but admitted the inter
„ fercnce of this exclusive privilege. But if
this ncAv pretension be true, it might be stop
ped at AA T arrcnton and every other station on
the Road, or crossed at acute angles any where,
draining it iu all cases and feeding it in none ;
or a Hoad might be started any where , and run
side by side with it and diverge at any point
short of Augusta, or stop in ten feet of the
corporation limits. Is there a rational man on
; earth who will examine the map, and say in
candor that one dollar of the stock w'ould ever
have been taken, without some guaranty
against a danger like this ? The danger would
have been more feared then than now. The
bearings of trade and its t endency to a choice
of markets, and free competition, were not
then so avcll understood. But to the articles
of “Moderation;”
The 2d section of tho Charter of 1833, is in
these Avords : “ The Company shall have the
exclusive privilege of constructing Hail Roads
from any point in this State within tw'enty
miles of the Road herein designatad as tho
Union Hoad, and its branches leading to Ea
tonton, Athens and Madison, continuously to
the city of Augusta, for and during the term
of thirty-six years.”
“ Moderation” paraphrases this section,
Cutting the words “leading to Eatonton
&c.,” as merely descriptive of the Hoad. I
have no objection to the paraphrase, but it
Avould perhaps have been more simple and ap
propriate if it run thus : (i Tho Company shall
have the exclusive privilege of constructing“
Hail Roads any where Avithin twenty miles of
the Road and its branches herein designated,
continuously to Augusta, for and during the
term of thirty-six years.” The word “ lead
ing,” refers to the designated branches, as ad
mitted by “Moderation.” The words “from
any point within,” means any where within.
They arc intended to limit in distance the extent
of the privilege, and not the termini of road
embraced in the privilege.
The word “continuously” refers also to the
“exclusive privilege” and is not descriptive of
any privileged road. If this be not the mean
ing—the clause means nothing. Without this
construction I defy the ingenuity of man to
point out a possible case, in which this “ex
clusive privilege” would bo worth one cent. —
I believe it is a legal rule of construction that I
some effective meaning shall be given to an I
act, if the words will bear it. An honest legis
lature will not be presumed to trifle with a sub- |
ject, or go through the ceremony of legisla
tion, without some intelligible purpose. But I
if this new construction prevails, a road might
be chartered to start any tohere on or beyond the
Goryia Rail Road: run with it, side by side,
crossing it at pleasure,incumbering it with dan
gerous crossings and turn-outs and diverging
to any rival point, short of Augusta; or it !
might continue along it, through it, and about j
it, to within ten feet of the corporation line,
and there establish a depot in a much better
location than the one now occupied by the
Georgia Kail Koad. Or it might continue
through or around the city, and connect with
the Carolina Hoad. Such a road would not
have the termini indicated by “Moderation.”
He says the meaning “is simply this: the
Company should have the exclusive privilege
of constructing rail roads which shall tenni
. I
tyite, one end 111 Augusta, and the other with
in twenty miles of the Georgia Rail Road or
its branches.” The supposed road would not
be such a road, and therefore not prohibited
under his construction ; suppose such a road
to be built, it would of course effectually rain
both the city and the Georgia road, and de
stroy millions cf capital invested on the faith
of this excises privilege ; the ruined stockhold
ers appeal to the faith of the legislature under
which their capital has been invested. They
are referred to four columns of grammatical
criticism, showing the right use of particles,
and the proper location of correlatives; the le
gislature is ashed to turn pettifogger to defeat
its own intentions by a quibble, and swindle
its own citizens, who have trusted to its faith.
This might be very well for a feed lawyer in a
county court; but I think the legislature of a
great State, might be somewhat better em
ployed.
“Moderation” thinks that the change of a sin
gle word in the latter clause would change
the interpretation: ho says, “suppose this
clause should read “the Union road and its
branches leading from Eatonton to Augus
ta.” He says this would make the whole
clause seem intended to describe what that
road was for twenty miles on each side of
which the exclusive privilege was granted.”—
What possible difference can it make in the
construction, whether the Union road be de
scribed in this clause, or its description known
by other clauses of the charter ? I may here
; remark, that the word “leading” would ccr
-1 tainly have been used in connection with the
I privileged roads , if the words “from any point”
had been intended to designate the termini.
“Moderation” makes one admission which is a
j little singular. Ho says it is sometimes asked
whether a road running from some point
more than twenty miles from the Georgia Rail
lioad to Augusta, would violate the charter.
He says “the ansicer is undoubtedly in the affir
mative. Such a road must of course come with
in twenty miles of the Georyia Rail Road before
reaching.the city.” If this be so, the road con
tinuing to the city can make no difference.—
As a matter of description, one terminus is as
necessaiy as the other to the privileged roads.
If the necessity of one terminus is given up,
the other must go with it. If such a road is
prohibited, it is because it conics within the
“point” guarded by the legislature, and not
because it is continued to Augusta, I notic
ed this only to show how difficult it is to
steer clear of the true construction of the
clause, in a labored effort to destroy it.
I have endeavored to show the only ration
al construction which the words of the char
ter will bear, and the absurd consequences to
which a different interpretation would lead.—
But what shall be said, when we come to ex
amine the facts and circumstances by tchich its
grant and acceptance were surrounded.- In 1833
our great rail road interests were ably repre
sented in the legislature. The charters of the
Georgia Hoad, the Central Koad and the Mon
roe Road were all before the legislature at the
same time, and passed within a few days of
each other. The Central Rail Road charter
was passed one day before that of the Georgia
Rail Road, and that of the Monroe Road only
two days afterwards.
Was the Legislature, or the different inter
ests asleep on the subjects of exclusive privi
leges, crossings, and the rights of the different
sections of the (State ? It seems not. If the
reader will refer to the Central Kail Koad
Charter he will find “cut out of the State a
solid slice forty miles wide” and one hun
dred and ninety long, in these words: “It
shall not bo lawful for any other Caqal or Kail
Koad to be built, cut or constructed in any
way or manner, or by any authority whatso
ever, running laterally within twenty miles
of the route so adopted, unless by the said
Company, or with the consent of the Board of
Directors for the time being r” Was the sub
ject of crossing out of mind? Not at all. In
anoflior section we find this provision : “Pro
vided, Nothing herein contained, shall prohib
it a future Legislature from passing laws au
thorizing the construction of Kail Koads, Ca
nals, or other works of improvement,/ro?H tide
water on the Atlanic coast, to the mountains ,
across the route which may bo selected for
the construction of the Koad herein author
ized.” The charter of the Monroe Road was
passed two days after, and we find in that the
following provision: “The State of Georgia
or any Company authorized by said State, shall
hsve the right of connecting other Rail Koads
with the one contemplated by this act, and
continuing the Kail Read so constructed in |
j an 7 direction except between Macon muTthe
town of Forsyth proridt d , such Hail Road
shall' not cross the Ocmulgce River. These
provisions are all upon the subjects now in
hand. They are clear and explicit. They
afford a perfect protection, the different inter
ests concerned, so far as it was reasonable or
useful to each road to ask it. The provision
upon the same subject in the charter of the
Georgia Rail Road has bccnalrcady quoted.
| There were harmonious and intelligible rca
i sons for each provision, as in the sequel I will
I show’.
If the reader be not yet satisfied of the in
tention wdth w hich the exclusive privilege to
the Georgia Rail Koad was granted, and ac
j ccpted, Ijthink his doubts will he settled by
one more step in the examination. What was
| the position of the Georgia Kail Koad at the
1 time these various rights and interests were
discussed, considered, and supposed to be set
tled ? Is there nothing else to show, conclu
sively, that the legislature, and all parties con
cerned, did not- intend to reserve the right of
j crossing, but intended to relinquish this right
i and to a continuous privilege “from all
I points” within twenty miles of the road or its
branches ? Let us see. At a previous session
this Company had obtained decidedly the best
Rail Koad Charter that was ever granted in
the State, with the single exception of the very
privilege tchich “ Moderation” now seeks to destroy .
; The first section of that Charter reads in
j these words : “ The Company shall and may
: direct and confine their first efforts and enter
; prise to the formation and completion of a
j Kail Koad or Turnpike from the city of Au
gusta to the town of Eatonton, and from thence
westward to any point on the Chattahoochee river
which the stockholders or a majority of them may
think proper, in the manner hereinafter men
tioned, and when such communication shall
have been completed, or lessen, if the said
Company shall find it practicable and advan
tageous, they shall have power and authority to
lay of and construct branches thereof to any points
they may think fit and proper, and the right to
make, keep up and employ such roads, shall
be vested in the Company hereby incorporated
exclusively.” Now’ this Charter carries the
whole State in any and all directions. Why did
the Company give up such a Charter? Why
it was because, in an after clause, it contained
this provision : “It shall be in the power of
the legislature to open any other rail road or
canal, or pass any public work, to on across
the said rail road, whenever it shall be doom
ed necessary for the general good : Provided,
the same does not obstruct tho free use of the
said rail road or roads.”
This Charter was before the Legislature,
and probably road, section by section, to th®
whole House, for it is copied almost verbatim in
every material clause of the new Charter then
granted, except this power of crossing and
a power of modifying the Charter. These
CLAUSES ARE LEFT OUT, AND THE TWENTY MILE
exclusive privilege inserted. In the course
of human events, was there ever a train of
acts, and facts, and circumstances more irre
sistibly convincing than those already addu
ced to prove the intention of the Legislature
by the grant in question ? “ Moderation" ap
peals to the Legislature, and so do I. I appeal
to every member of that body, I care not who
he is, or where he resides, if his mind be not
clouded by prejudice or perverted by interest,
and I have no fear of tho decision; and I
should hope that even “ Moderation” himself,
if he have taken full time to look into this
question, may not be able to resist the pow’er
of truth. If otherwise, however, I can only
say that, like Ephraim, he must be wedded to
his idol, and w’e may let him alone.
I was about to take leave of this subject, as
this article, containing numerous extracts, is
already too long. Moreover, I have at this
time but little leisure to write, and at no time
the ability to write well. But as I would by
no means be wanting in respect to so ingeni
ous and able a writer, I must somewhat un
willingly postpone to another number, a brief
notice of tho attacks of “ Moderation,” on
what he states to be the “stronghold” of the
Georgia Kail Koad, viz : The strong implica
tion from the amendment of 1835, in favor of
the true construction, as then , and previously
understood. I deem this “ stronghold” entire
ly unnecessary. Certainty of the intention of
the Legislature, and understanding of the par
ties, are all that are required, and these are
abundantly found in the facts already addu
ced. The simple exchange of Charters lastnoticed,
icould be conclusive of itself to prove the intention
and understanding of the parties, unless it bo
usual, with eyes open and facts before them,
for men to give up everything and get nothing ,
say nothing, for under the interpretation in'
sisted on, the rights granted to the Georgia
Rail Road would be a shadow, a farce, and a
mockery, giving no protection whatever, either
cross or latteral. For such an exclusive privilege
they give up the valuable rights of going to
the Chattahoochee, and branching every where ,
which gave to Macon, and the whole interest
connected with the Central line, so much un*
easiness, I will also briefly notice, in my next
number, the reasons for each particular privi
lege granted to each Koad, and the restrictions
jon them respectively. These reasons arc,
how’ever, familiar to many, and may be ma le
obvious to all w'ho will place a map before
them and look at tho geography of tho coun
try. GOOD FAITH.^
Special Notices.
OFFICE AUG. INS. & B’G. CO, \
4th NOVEMBER, 1547. >
annual meeting of i he
Stockholders of this Institution will be beM
the office of the Company on Monday next, Bth o
November, at 11 o'clock A. M.
• ROBERT WALTON, o*4-
Nov. 5 ’ thna - . _
AUGUSTA MANUFACTURING COM
PANY
By order of the Board of Directors, notice |*
hereby given, that an installment of 10 per cent i
required to be paid in by the Stockholders on " c
nesday, the 10th of November next.
WILLIAM PHILLIPS Secy
Sept. 30 *