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THK CUfISTITIITIUNAL lSf . I JAMES GARDNER, JR. TBEBIS. Daily, per annum , 00 Tri-Weekly, per annum G CO If paid in advance * 5 00 Weekly, per annum 3 00 It paid in advance 2 50 To Clubs, remitting $lO in aOvanck, FIVE C'OFiF** are sent. This will put our Weekly pa per in the react! of new subscribers at TWO DOLLARS A YEAR. (tT’Subscribers who will pay up arrearages, and send four new subscribers, with the money, can get the paper at $2 00; ILTAII now subscriptions must be paid in ad vance. (LFPostage must be paid on all communications and letters of business. 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 *