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lieTia which llie ? JtV Coun,9 of ,® ome of the. clear, if'Hiere wore no ban
bauks-nre kept, l Wumot say that they are
minutely correct. The reports ofthchanks
i.re of flic in this ‘department* subject to
voiiir control. Those debtors, therefore,
who shall not be so fortunate ns to meet
their'cnjjasTe.uems l»eforc the month of April,
will be left exposed to all the hardships of
a demand oi specie payments, when specie
is not to be obtained. There are now in
t!i(» hands of (lie people, a million and n
half of dollars in paper money, authorized
by the General Assembly to be issued, to
represent •mid and silver, and which credi- of trade. It is always valuable,
tors have the constitutional and legal right per is not always valuable. Tl
in payment of debts;
to refuse to receive
and which, it is almost reduced to a positive
certainty, they will refuse.
This state of things is produced by the
ads of the government. The government
then, should, as far as possible, avert from
the people the consequences of its own poli
cy. The manner in which this is to be ac
complished, is for your consideration. 1
would, however, suggest that the purposes of
justice might be answered by providing for
ihe-assessment of n value on property, un
der which it should not be sold, in all cases
where specie or specie funds aredcmniidcd ;
or that when property is sold for such funds,
the debtor, or any of his creditors, who may
desire a re sale of it, shall be permitted to
redeem it within a specified lime, under
such regulations as you may prescribe.
These measures are made necessary, and
aie justified by tlio policy of the govern
ment, which influences directly or indirect
ly me business transactions of men. The
increase of money, which is effected by the
incorporation of banks, stimulates specula
tion, presents temptations to individuals to
create debts, invites extravagance *md rais
es properly to a value not justified by the
quantity of gold and silver in the country.
It lays the foundation for all the min, which
occasionally overspreads the laud, by sedu
cing men into unwarrantable enterprises,
and consummates it, by putting into the
hands of the people a currency that cannot
lie used, except at the option of the creditor,
in payment of debts. Ought not a policy,
fraught with such unfortunate and rninotis
consequences to ihe country, to be abandon
ed f Should it be tolerated a single day *
Oi the propriety, there should be no ques
tion. The charter of every bank, whose
return shows an inability to answer the end
for which it was incorporated, ought to be
instantly repealed; for when it has no ca
pacity for good, it is armed with double
power for mischief. I am aware that in
making this recommendulir.u, I encounter
opinions that, to carry it out, would inter
fere with constitutional rights. But not
withstanding the multiplied mid respecta
ble authorities to the contrary, 1 am of tlie
opinion that the Legislature has absolute
authority over the subject, and may repeal,
in virtue ol its sovereign power, any bank
charter, which it lias granted without the
reservation of the right in the act of incor
poration. The conferring of authority to
substitute paper money for gold of silver
coin, is the delegation of a high sovereign
and political power, and affects the great
l»o,dy of.the* people, influencing their opera
tions and controlling their prosperity. If,
1 therefore, niton experiment, it be found to
VTn llliswncvotrsr'or n ii tjc auxiscu anu jn-i-
verted to purposes not foreseen or contem
plated by the sovereign, it can be revoked
and annul led. -It is as much within the
control of ihe Legislature as any matter of
public policy, and more deeply and vitally
affects the interest of the whole,community,
than many subjects over which it is not
questioned, the government has power.—
The incorporation of a bank, is the exercise
of a sovereign power by a State, in regard
to its domestic policy; and its disfranchise
ment is the exercise of a like power for the
.change of a policy which might prove per-
* tiicious ^ and in the exercise of this sover-
cigt^pAwer.-jt was never the purpose or in
tent of tiia Constitution of the United States
to restrict the States. It is a matter of pub
lic concern, aQd those who embark in the
business ol banking, under a charter from
a State, do it properly under ho constitu
tional guaranty, but rousLrely<cm the moral-
bef no looses by the depreciation
notes, nor l»v. the waste of lhe c;
ployed ; and the community would he so’
nV-h the gainer. Theriijconvcnietfcc of
the transportation of specie, in large sums,
from place to place, is the most plausible ar-'
gunient in-favor qtihe system, it is much'
better to encounter this difficulty, however,
great as it is, than to be subject to perpetual
losses by the failure of banks. Specie is al
ways available for the purchase of property,
in every country, and under nil fluctuations
Bonk pa-
his is argu
ment enough. But as it cannot be expect
ed that a system, which has been so long in
use, will be in’ a moment abandoned, it
ought to be established and regulated upon
the host possible plan. 1 am* of opinion that
it will be decidedly advantageous to all
classes of citizens, and particularly benefi
cial to the great agricultural interest, if there
were but one bank, and that, located at our
principal seaport, with branches at commer
cial points, where banking facilities are
needed. It is settled by universal experi
ence, that the people are not l>eiiefitlcd by
competition in the banking business. When
one of these corporations Jails, other banks
are first secured, and it not unfrequently
happens that for the purpose of doing if,
its circulation is increased immediately be
fore the explosion, so as to throw the loss
on the people. If there were but one bank,
and ns branches, ilicse fraudulent combina
tions would be prevented. Traffic in bank
notes, never intended as a commodity of
trade, and which lias become a nuisance to
the country, would he effectually checked;
and all the advantages of the soundest cur
rency it is possible for a State to have un
der any regulation of the banking system,
would be obtained. 1 had the honor to in
vite the attention of the Legislature to this
subject, at the last session, and I refer you
to my communication, then made, for furth
er views in iclntion to it.
1 would recommend the enactment of ef
ficient laws for the suppression of usury
and the business carried on by brokers.—
One of the primary objects of mankind, in
establishing society, was to protect the
weak against the power of the strong. This
terms, tq have received the sanction of tha course, be computed-;; 1 refer you to the re-
Cornmittee oh Finance, acknowledges the port of the Principr I Keeper, lor his opinion,
sum of’forty-nine thousand three luihdrecl on the subject. . - • diem,
and seventy three dollars and seven cer.tsfl A heavy deht, the accumulation of.years,
—a——wan Bin - ■ — —7.
* I pi a^e before. you. two Aqts of the last General
•Assembly, which failed to receive the-Executive
assent, together nith'the reasonsTor withholding it.
These Acts wqre presented to, mo for revision, at
too late a period to iie examined and returned,', be
fore the adjournment of the Legislature that passed
only. This mutter requires invesiigttiQn»
There is-a I so a reported balance in the last
account of Hines Holt, Esquire, Wlucndoes
not appear to be carried into the.repojt. of
the next year, unless, like a part of.thtjbal
ancer of Mr. Williams, it is included.jp the
charge of State Stock. ' v ' ,}l '
I would take occasion here, to suggest,
that in examining the reports of the 1 Treas-.
urer, it would be well to adopta rule some
what different from that which it is under
stood, has hitherto prevailed. It is impossi
ble to approach accuracy, by comparing the
amount of cash delivered to a Committee
by the Treasurer at the time of tie investi
gation, with the amount reported on the
preceding thirty-first of October. The ex
amination ought to be continue! down to
the moment that the Committee closes its
enquiries; for it is well ktiowr, that the
largest amounts of money, are gaierally re r
ceived into the Treasury, in tho month of
November.
Upon Mr. Smith’s taking charge of the
Treasury, he found several of the banks in
arrears to ihe Stale, for taxes on their stock.
He demanded payment, and was informed
that the--money had been remitted to, bis
predecessor. Finding no evidence -Unit it
bad been paid into the Treasury, and that
no receipt bad heen given for it by the
Comptroller General, he issued executions
against them. Applications, accompanied
by evidence, that the money had been for
warded to, mid received by Col. Haynes,
were made to me to suspend the collection
of the taxes until the meeting of the Legis
lature. This was done, not from a convic
tion that the parties ought to be exonerated,
but that you might exercise your pleasure
on the subject. In sustaining the policy of
the Slate, adopted as the best means of de
tecting malversation in office, cases of indi
vidual hardship may occur; but these cases
the amount cf which 1 have not been able
correctly to ascertain, Jiatigs over this insti
tution. Some provision should be made for
it.
The fund appropriated for the Lunatic
Asylum, has proved scarcely sufficient to
pay existing.contracts;’and furnish it for
the reception of patients. A further sum
will be required to fit it for their comforta
ble accommodation. A difficulty has arisen
in regard to the construction, due to the
law for its organization. It would seem, by
a rigid construction, to exclude all from its
benefits, except that class of violent and des
perate idiots a:id lunatics, who are dange
rous to the peace and safety of society,
while it is'to be inferred only, from other
provisions, that, it is intended to embrace
within its humane purposes, every unfortu
nate human being, whose total or partial
destitution of reason, incapacitates him for
self-government. • The more liberal con
struction has been adopted by the Trustees,
and nil are admitted by their regulations,
whose unfortunate condition commend them
to the sympathies and care of rntioual man.
1 would call your attention to this law, and
recommend, that it be so amended, as to
point out more explicitly, the duties of tire
Trustees.
No compensation has been made to the
Commissioners for their services in contrac
ting for, and superintending the building,
nor is any provided for the Trustees for the
performance of the duties devolved on them,
l>y the la*v. These services have not been
rendered without some labor, and loss of
valuable time, and reasonable remuneration
should be made.
The Secretary of State and Surveyor General
found it indispensable to the diie execution of their
duties, drring the lime that applications for grants
for reverted lands, were numerous and pressing, to
employ, each, a. clerk. I would recommend that an
allowance be made lur their payment, for the time
1 lay before you resolutions adopted by the Leg
islatures .of several of the .States, relating to mat-,
lers of general interest! Amongst them "will lie
found resolutions of the Legislature ofConncctkut,
condemnatory of a protective tariff. The more-
thoroughly the principles of this measure are in
vestigated and understood, the more strong, deci
sive, and universal is the'conviction on the public-
mind, of its glaring injustice: No matter what ca
lamity or disaster be fa Is tbe great, agricultural in
terest, it is left, unaided, to war with the misfor
tunes which beset it; but no sooner does a fiuctua-
are always the result of the negligence of j tllcir services were necessary
individuals themselves to conform to the
law. It is not the fault of the law. It is!
great end ol the social compact, is not more! the duty of the party paying money into the
certainly defeated than hv the oppressive op
eration of tlio above practices.
Colonel Thomas Haynes, the Treasurer
of this State, departed this life on the third
day of January last. I appointed Benjamin
Treasury, t<> demand a receipt for his own
safety. If he should confide in the .officer,
and sustain a. hist in coneoquonoo, »t ro—tno
misfortune. If, in the cases under conside
ration, the parties had demanded a receipt,
B. Smith, Esq., of the county of Twiggs, to ! the amount must necessarily have been
The execution of the sentence of death upon Is
rael Champion, convicted of murder before the .Su
perior Court of Craw ford county, at the hist Febru
ary Term, has been respited until the ninth day of
December next. The evidence given on Ids trial,
and the petition for the respite, are laid before you,
Uriah G. Mitchell, Esquire, has resigned, his of
fice oT Solicitor ucirerat orthe Chattahoochee Cir
cuit, and John L. Lewis, Esquire, has been ap
pointed in his place.
I transmit a statement of warrants drawn upon
tion take place in tbe market detiiinental to manu
facturers, than tbe tables of your National Legisla
ture are laden with petitions, that subsidies may be
levied upon every other interest for their support.
A system of incidental protection, adopted, at first,
to secure the production, at home, of articles of in
dispensable national and individual necessity, by
which the whole people were equally benefuted,
has been perverted from its original object. It has
been made an instrument to build up a particular
branch of industry, and an engine of oppression to
alLtbe rest. Our great family of assoeiated States
united for the purpose of mutual protection andde-1
fence, not for mutual aggression; and every mcas-1
ure which violates this fundamental principle of
our association, weakens the fraternal tie \?hich
binds us together. To levy a sum from the agri
culturist, to put into the coffers of the manufactu
rer, is so flagrantly unjust, that the good sense of
the nation must prevail against the outrage. The
tariff of duties imposed by the late Congress, injuri
ous alike to our agricultural interests, revenue and
commerce, calls for tbe expression of your unani
mous opinion of condemnation. While the price
uAlie of tlio Stato w iil scarcely warrant its
cultivation, those who are engaged in its produc
tion, are made the victims of this unjust policy.—
Your Senators and Uepresentatives should have
the expression of the well ascertained public will
on this great question.
Congress at its late session, enacted a law re
quiring the Representatives of the people to be
chosen by districts, but failed to divide the States
into districts. Congress has no authority in ex
press terms, much less by implication, to direct the
States to remedy, or perfect by law, its defective
or imperfect legislation. The constitution de
clares that, “ the times, places and manner of
holding elections, for Senators and Representa
tives, shall he prescribed in each State by the
Legislature thereof; but the Congress may, at
any time, by law, make or alter such regulations ”
The State has long since made regulations, com
plete in every respect, for holding elections for Rep
resentatives, bv which a representation in the
National Councils is insured. These regulations
have not been altered by Congress, and therefore
remain the only constitutional means of the elcc-
Jion of Representatives. If it was intended by
Congress to direct the States to alter their mode of
neighborhood, 4 requested the' Secretary-at War
furmsli me with a copy or his instructions to 1;°
Colonel, in command of the Florida fortes, that i
might have an;investigation made, with a view ts
ascertain iflhe.se orders were violated, that d, e ,.r
ticer might'be brought to justice. I Transmit a Co „ ‘
.of these orders. . From tho terms in which thrv
are couched, it will be Seen, that the officer who
gave them, intended to mislead me, and that i n .,, v .
ing orders, he intimated to (lol! Worth, in a man!
ner to be comprehended by him, that his obec!i Cl)f .*
to them was nbt expor ted; or, in other words,
what he did was not from a conviction of its i, C( . cs
shy". lly his premeditated deception, practiced
upon this Department, he prevented the Executive
from stationing a militia guard in that quarter, and
has thus made himself responsible tor the murders
committed there. Along the whole line of frontier
guarded by a militia force, there has not been a
murder, while in that section of country pretended
to be under tbe protection of the regular forces
murders have been frequent and repeated. I can |
not believe that this has been the consequence ofa
want, of courage on the part of tho. officer in coni-
maud, or the brave inen subject to him, but from
his greater partiality to diplomacy than war, and
from an apprehension that, if tho Indians were to
consider him thfeir enemy, his favorite scheme of
negotiation might fail. It is a matter for you to
determine, what course tho .State is to adopt. Her
territory has been entered, and her citizens inur-
tiered, and the Government lias been appealed to
for the protection due to every member of the con
federacy, which has been refused. She has been
forced to incur the expense of a defence, to which
she has been driven, not by any wrong committed
by her citizens upon the enemy that annoys her,
hut by tbe policy of tbe National Government,
which has incited savages, near her borders, to acts
of desperate revenge.
After ihe murders in August, I directed (’apt.
Jernigan to increase his guard to one hundred men,
and to station the additional force along ihe un
protected frontier of the county of Lowndes. It
will he necessary to provide for the payment ofthL
guard, as well as for such companies and detach
ments as were ordered out. on special emergency,
by Generals Knight and Hilliard.
In compliance with the instructions of the Leg.
islature, i transmitted to each of the Senators and
Representatives of the State of Georgia ia the Con
gress of the-United States, a copy of the. preamble
and resolutions reported by the committee on the
State of the Republic, and adopted by the General
Assembly at its last session. These resolutions
were adopted two days only before the adjournment
of the Legislature, and were presented for mv np.
proval some days after that event. The lion. John
M. Berrien, one of the Senators, whose political
course was the subject of examination and com
ment in the preamble, for some cause, declined a
reply to his own constituents, and, in an address to
mine, lias been pleased to arraign my conduct It
must have heen known to him that it was not in
my power, had it been agreeable to me, to have
transmitted these papers beftire the adjournment of
the Legislature, and it was as easy, and would cer
tainly have been more consistent with the habitual
courtesy of flic Senator, for him to have .alleged
rer in possession of the office and its nppur- the Treasurer’s certificates, for all payments
tennnees. 1 herewith communicate copies ! made into the Treasury, which certificates
ol the instructions given to the committee, are to be filed as vouchers against the
their report and the receipt of Mr. Smith. | Treasurer. This is a general regulation,
General Sanford, one of the securities of' equally applicable to monies paid into the
Colonel Haynes, was invited to attend, and 'Treasury, raised under subsequently enac-! P tlV
was present during the examination. By a | ted, as then existing laws. The law impo- j |! ,, £
comparison of the report of the committee, sing a tax on Bank Stock, was passed in
election, it was an unwarrantable assumption of i that the short period that transpired between the
power ; and if disfranchisement was to be the price ! adoption of tbe resolutions and the adjournment of
of non-compliance, it was a perversion of their j the Legislature prevented the reply, than to have
power, to bring about the very results to prevent insinuated the. charge upon the Executive. They
over the subject, were transmitted in ample time for the Senator to
the districting of! have heen governed and controlled by the will of
provisions of the ] his constituents, unequivocally expressed, and this
es and manner of 1 was all tliat the Legislature desired. The Sena-
o prescribed without the j tor appears to have watched the progress of the
Tho effects of the Bank of Darien have been i division of the States into districts, and the Stales . document through the General Assembly, and to
transferred to the Central Bank,-agreeably to an I maybe districted, and yet an election cannot be ! have supported tiimself with the hope, that the con-
act of the last General Assembly. It will be seen, I held until the times, places and manner of holding j stituliortal opinions which he has been pleased to
that upwards of two hundred thousand dollars of j the elections, are prescribed. Besides, under the ; attribute to the Executive, would have shielded
the notes of this Bank, have heen pledged to the j district system, the government of the Union, may : him front the embatrassing attitude in which he had
New York Banking Company,.for the extraordinary I be placed in the hands of a minority of the people ; J placed himself by his precipitate invocation of iu-
ntivilegc of drawing upon it, the Company stinula- , under the general ticket system, a majority of the structions. The Executive, however, could find
*: id I .1 _r .1 • i r,i.„i’ c.-
.... , . .. - • j without the slightest reciprocal benefit. This im-1 It is the fundamental principle of popular rights.— t!
tv llh Ihe last animal report ol the 1 reastl-, 1SL, all! from that period to the present ! mense sum has been transferred to the Company,: The objection that a minority should be represen- 11
rer, it will be seen that the cash J L - - ... . ... .. . . - - ....
the committee, does not meet
in writing, that it should he under no obliga- ! people must have a majority of the representatives, j nothing in either the constitution oftkeUuited States
i tion to accept the drafts. The pledge was made . In popular governments, the majority must rule.— i or of the State of Georgia, which prohibits the con
stituent from expressing to his representative his
. . __ f ,. 4 , opinions, both of the expediency and consiiiution.d-
>h found by time, the practice is understood to haye been I without the shadow of a consideration. Unex- ted, would apply with equal force to the district, as j ivy of measures which arc likely to he presented for
tho chnrges.l uniform for the Comptroller General to is- i plained, this transaction carries with it evidence of j to the general ticket system, for the aggregate of} bis action ; nor from giving instructions, especially
1 ’ ' . ... .......... 1 when asked tor, in regard to bis representative con-
,.mintr-tit:n mere is any room for a
• difference of opinion in regard to the power of
! Congress to establish a Bank! The perpetual
| strife on this subject ought to he put to rest by an
i explicit constitutional prohibition. After the la-
and and “ninety-three dollars, composed of j Treasury. The chwkrestobii^hed'V.v tile ra V lc terms us wiU induce ~ l ,urd,ascra t6 W the I wisdom / , c } ain,cd no , sud * authority ; but it was j mentable experience of the late institution, it is
■ - - -- J - - -- * * • ^ _ i 4* u f , u • ,1 ' value. I contended by none, that Congress was vested with \ ntibfortune for the
... . Tbe failure of the many efforts heretofore made.
srccoidiiiglv, as the sum hf fourteen tho s- i the Treasurer with all monies paid into the of the real estate belonging to it, on such fcivo- j entitled to equal consideration for their talents and
■ i ° .1 « _ « s. . • rrililf* tornw will indtioo miri’liocora fo nm* tlm , tvic lnm oloimnrl tm (tnoli niitlwwittr • Unt it moo
moral character of tho country
items cf old Bank of Macon counter- j wise and salutary regulations of law, would
felt mOney, bank stock, and paper medium,! he wholly nugatory, if tlie loss is to fall ! to effect tut amendment of the Constitution, for the
is, or is not, estimated as cash and allowed j eventually on the Slate, either from the de-1 reduction of ihe number of the members of the ) power was conferred on Congress, was to diminish i nierate here, its crimes and its follies. They
as. a credit to the late Treasiyer. It will be ! falcation of the officer nr the negligence of C ' ener - al Assembly, almost deters me from ueging 'be chances for the dissolution of the government, ] written on every page of its wicked history,
ascertained by an examination of the ac-! the tax paver. I submit to Von conies of! 3 d, ]55 e .'"i l0 r bes<y t lro : ?i
-,1 in * . ,, , ! *j 1G h ,x payer. 1 submit to \otl copies of j ly demanded by every consideration of sound pofi
counts of the Treasurer and the Cornptrol- the correspondence on the subject. 1 ■ - - ■ F
ler General, for the political year eighteen It will he remarked, that the Treasurer
hundred and thirty-four, the first year of, has issued his executions in each
directory, or mandatory power, over tbe States. ■ that there should be any who deem it expedient to
It is conceded by all, too, licit the reason, why the j create a national Bank. Ii is unnecessary to enu-
are
w ... ... In
ky the casual defection of tlio States.. ~ It was in-: structed as you are by vour immediate constitu-
tended to insure a representation by the States, and j cuts, you are prepared to express the public will
1 cy, that I cannot lovbear making tbe recommenda- 1 not to provide an engine by winch the people of the [ in regard to the establishment of a national Bank,
rer ; tion. Willi a less numerous body, the business of) States might be forcibly deprived ofa represent.!- j It is a duly, I presume, that will not be omitted,
ase t * ic country may be.despatched with more ease and tion. The attempted control of the States, is the ! Tins national honor requires that the jfinc, with
day ot November, inclusive, are charged I remitted
against the Treasurer, under the head of J The Georgia
Stale stock
the
erplus be
Bail Road and Banking!
sing from party or personal considerations. In a
alter Of such general and momentous concern,
ity and justice of those who hold tho &ov«r- j twice ngnius-t the ’Treasurer, in the accounts part of its capital cusploved in Banking f !■*»**• The Constitution should lay down the funda-
eigit power, that there will he no iuterfer- j of that year, and that the sum of fourteen j have suspended proceedings against that rul . e ’M 1 ! 1 ® “>‘ nu ‘er regoiations ought to
important thousand and ninety-three dollars ought to' ^ ** •' " ** ‘ ~ * o e l
of the measure in the proposed amendment. | lay the foundation for like assumptions in cases in
:ave room for the operation of objections ari-! which popular rights may be endangered. There
e stock , Horn whic h it will appear, that, Company claims, under its charter, an ex- j ma
balance above mcationcd, is charged; j^mptio**-fto-tnjiaiOm that! sn<
against the Treasurer, in the accounts i part of its capital employed in Banking. 11 - "* 1
can be no danger in a strict adherence to the con-
and ! interest, imposed on General Jackson during the,
act in the discharge of his otiicial
ips led to the brilliant achieve-
Vrnericau amis in defence of New Or-
roturned to him from the public
s unjust to him and reproachful to
the country to whose service he has devoted his
■life, that it has not long since been done. I would
therefore, recommend that the feelings of die peo-
stitudon—in every departure from it, there is peril, pie of Georgia on.this subject, be expressed in res
- - tv ■iwirntmtirr. mv TTWl lirjflSJia- ar.ttviis IV DUr‘^•CnaiOl‘5.
the
once ns long as they exert
privileges conferred, for the public convcni-1 be allowed as a credit (o him. Upon an ex-
cnce, the only grdund upon which they arc ! animation, however, of his books, front (he
granted. If t lie proprietors of a bank have [ lime of his election, to iis death, it will be
tho power to surrender the charter, when found that there are other deficiencies,
the individual gain derived from it does not I which will increase the final balance against
equal their expectation, why may not the him to an amount, exceeding that, to be in
sovereign authority revoke or annul it, when j ferred from the report of the committee. It
it is abused to the public disadvantage, or | is possible this matter may be susceptible of
when the obvious policy of the State requires | explanation by a more thorough exatnina-
itl tion of his books. 1 would suggest the
Bank charters are usually sought under propriety of having ail account current
tlie pretext, that additional bankfiig capital made out between him and the State, for
is required for commercial purposes. It: tlie whole time that he administered the of-
will be found, however, that these applies- fice, which may be easily done from the
[ to tbe Legislature. At tbe time of the adop
tions are more generally, jhe promptings of
interest, than the impulses of patriotism.—
Banks have heen established remote from
commerce,mid at places inconvenient to the
holders of notes to present thorn for pay
ment.'. They have established agencies for
putting their notes in circulation, in sections
of the State, distant from the place at which
they are to be redeemed. I would recom
mend that all such hanks be removed to the
places where their principal business is
done; or, that the charters b2 repealed. I
would recommend, also, the enactment of
a law to prohibit the establishment of agen
cies by bjuiks, declaring all contracts, notes,
and bills of exchange void, not discounted
at the place at which the bank is establish
ed; and making u a highly penal offence
for a bank officer or agent, to lend, or offer
to lend money, at other place 6r places,
than at the Bank.
\ recommend the rep^tl of the law to au
thorize the business dr banking. Those
who have embarked in the experiment, have
failed to realise their hopes ; and any laiv
that encourages an increase of nnper'mon
ey, is injurious to the community. 1 lay
before you the reports‘of the Ruckorsville
Bank and the Exchange Bank of Bruns
wick. By an examination of the appraise
ment of property upon which these institu
tions are based, made in highly prosperous
times, ii will be seen how littic protection
the community has, under this system of
.banking*-';"'. .: -v-V" ki
A more fucurable time for a signal reform
in QiK .h^finf^systernj Wc cannot hope to
see Jar years to come. A settled conviction
rests on' my mind, that banks, of all daserjp-
tionsj are .injimojis jo the . people. is
books of the Comptroller General, This
cannot fail to exhibit the correct state of
his accounts. It is due. alike, to bis memo
ry, to the public interest, and to those who
are responsible for his official conduct, that
a strict and careful investigation of his ac
counts be made.
None of the receipts cf the several Treas
urers of this State, upo:i their tnkiifg pos
session of the office, given since the year
seventeen hundred and ninety-nine, are to
be found 6n the files of this Department,
with the exception of that recently given by
Mr. Smith. 'The practi:eof receipting by
the Comptroller General, upon tho election
of a new Treasurer, and upon his certifi
cate, has given rise to the embarrassments
of the accounts, from double charges, as ir.
the case herein mentioied. It would be
well to make a different provision by law.
In the course of my enquiry into-the sit
uation of the Treasury; 1 find that the Comp
troller General, in his report of eighteen
hundred and thirty-three, charges a balance
of ninety-six thousand five hundred and
forty-live dollars fifty-four and a half cents,
against John Williams, Esquire, the Treas
urer, oil the*thirty-first of October of tlie
same Year, alter deducting all disburse
ments. Between that tine and the twenty-
third day of November, there was an addi
tional accruing balanced:) the Treasury of
twenty-eight thousand mid twenty-eight
dollars and thirty-two cents, which, added
To that reported liy the Comptroller General,
would make an aggregate final balance, of
one hundred and twenty-four thousand five
hundred and seventy-two dollars and eigh
ty-six and a half cents, tit the time of Mr.
Williams’ supplementary report, when lie
Company for the collection of the taxes, that; non of the present Constitution, the General As-
you may decide the claim to exemption set setnbly consisted of twenty-four Senators, and six-
tip hy it. Copies off my correspondence ; '>’- ,vvo Representatives only ; the whole not equal
j c |, exDress mv i | to the present number of Senators. Then, the.or-
with the President, which express my opin
ion fully, and the reasons for it, that such
claim is not allowable under the charier,
are herewith transmitted. I have also, for
reasons assigned in my correspondence, of
which copies are communicated, suspended
! ganized territory did not extend West of the Oco
nee. Now, tliat our entire limits are settled, and
the population is quadrupled, twice over, the public
interest requires a new regulation.
The popular vote in regard to the establishment
of a Court for the Correction of Errors, cannot he
vu mco bic uuiiiiiiuiiitiUUU. allN lenCICU i , . , - , r .
hmnm/iimre mminef ,u I n i taken as decisive evidence of the opinions of the
^ V ' 1G Almnoe Kail Hoad people on that subject. Not one half of those who
ant. iSanltmg Company. attended tho polls, cast their votes for or against
I have suspended executions issued hy
the Comptroller General against the Tax
Collectors and their securities, of the coun
ties of Bibb, Stewart, Pulaski and Talbot.
The grounds of interference are presented
in the applications orders and correspon
dence, copies of which are laid before you.
The case against the Collector and his se
curities of Talbot county, does not require
legislative action.
The affairs of the Penitentiary will re
quire your special attention. Under the
able* skilful and methodical management of
the present efficient Keeper, it has done all
to sustain itself that it could do under the
control of any one; and yet, it has been
scarcely able to do it, with all the facilities .
afforded it by the liberal law of eighteen t,on ’ * >"» sum-faU 3 short of the amount actually
- - 11 expended, by thirty-live thousand dollars. Ihe
hundred and forty-one. In all institutions
of the sort, the operatives ought To be em
ployed in the manufacture of articles, whose
chief value consists in the labor bestowed
upon them, and for winch there is a ready
demand, otherwise tbe cost of materials will
neutralize the profits of labor. The great
difficulty and cost of obtaining materials of
all descriptions at this plaee, to be used iu
that institution, render-it a matter worthy
of serious consideration, whether the inter
est of the State does not require the selec
tion of another location for it. Near* (he
line of the Rail Road, and at convenient
distances from it, in some pf the counties of
the Gherokep district of country, there are
immense bodies of ore, with ample water
power at hand, where The whole force now
in the service of the State, may be employed
an indefinite number of years, in the manu
facture of iron. This is an article of prime
necessity and universal demand ; and after
deducting the expenses ot supervision, sub
sistence, and clothing of the convicts, the
proceeds pf the sales will all be profit.—
There'is no estimate made, here, of the oost
polls,
the measure. Of the minority who did vote, there
was a majority of six thousand and ninety-one
against it; thirteen thousand eight hundred and
thirteen voting for, and nineteen thousand nine
hundred and four against it. From the general
apathy and indifference which prevailed in regard
to the question, it may be safely inferred, that the
people are content that their representatives carry
into effect the Constitution. It is strange lb those
who have attended our courts, that tlie people of
tlio State have been so long willing.to submit their
rights, so far as their legal construction is con
cerned, to the arbitrary decision of a single man.
There ought to be a controlling power, more re
moved from the improper influences to which fal
lible man is subject.
An appropriation of one hundred and seventy-
five thousand dollars, was made by Congress, at
its late session, for the reimbursement of this State
for expenditures in the military service of the na-
claims for the payment of-which the State demand
ed to be reimbursed, were confounded, with others,
which had been paid by one of my predecessors,
with funds transmitted to him hy the Government.
The explanation given of this matter, cannot fail to
satisfy Congress, that the entire demand is just,
and ensure its payment at some future time. John
F. King, Esquire, has heen constituted the Agent
of the State to receive this appropriation. A part
will be applied to the extinguishment of a portion
of the debt due to Messrs. Reid, Irving & Co., and
'.other liabilities of the State. . .
The Reverend Elijah Sinclair, the Commissioner
of tho Indigent Deaf and Dumb; left this State,
having in hand a large amount of the funds set
apart for their support, unaccounted for. He left
indebted a considerable sunt to the American Asy
lum, in Hartlord, Connecticut, which the present
Commissrbner, the Reverend S. G. Hillyfcr, will be
advised to pay, unless otherwise directed. It is
proper for me to remark, however, that the amount
due to the Institution at Hartford, has beeft passed
to the credit of Mr. Sinclair, in .his accounts with
the Stale. He had transmitted, and received an
acknowledgement of funds for its payment, which
acknowledgement was returned by him as a vouch
er, and allowed by a Committee of tlie Legislature.
These funds could not be used by the Agent of the
Asylum, except at a Sacrifice, to which he'supposed
the State would not willingly submit, and were re-
turned.to Mr..Sinclair:'*■**■'‘ *
I have now given you such information of tlie
state of the Republic, as it is tnv constitutional du
ty to lay before you, and recommend to your con
sideration, such measures as I deem necessary and
expedient. The happiness and prosperity of tho
people depend on the enactment and enforcement
ol wholesome laws. These objects cannot be ac
complished, but by the union of counsel and action.
Let us, then, invoking the guidance of tlie Supreme
Ruler ol the Universe, and discarding every person
al consideration, proceed to the execution of the
high trusts confided to us, by the people for tlie
general good. CHARLES J. McD('NALl).
Correspondence of the Constitutionalist.
Georgia Legislature.
Milledgeville, Nov. 9, 1842.
The following bills were yesterday intro
duced into the Senate and read the first time.
By Mr. Foster: To define the lion of
mortgages in certain cases, and to provide
farther for the record of the same.
By Mr. Kelly : To regulate the granting
certiorari and injunctions, and to define the
liabilities of securities on bonds given pur
suant to the act of 1811, and to point out
the mode of.proceedings, &c.
By Mr. Miller: To alter and amend the
several acts iu relation to the city of Augusta.
After the exchanged the usual messages
from both branches of the General Assem
bly, informing each other of their organiza
tion, committees were appointed on the part
of tlie Senate, and on the part of the House
of Representatives, to wait on the Governor;
and ut half past *3 P. M., his annual message
was laid before both Houses. After being
read, 300 copies was ordered to be printed
for the use of the Senate, and 210 for tlie
House of Representatives. The legislature
then adjourned till 10 o’clock to-morrow
morning.
In the Senate, this morning, Dr. Freeman,
of Franklin, introduced a resolution to ap
point a committee to prepare and report a
bill to repeal Hie charter of the Central Bank,
and wind up its affairs, tfcc.
Mr. Thomas; of Hancock, introduced a
preamble and resolution iti the House rela
tive to the Central Bank. Mr. Crawford
and Mr. Gray made some remarks on the
subject generally, when Mr. Cohen intro
duced the following as a substitute :•
Resolved, That the Speaker appoint a
committee of five to investigate the affairs of
the Central Bank; and. that said committee
have power to send for;persons and papers,
and to have free access to The books and pa-
4>ers of jhe hanky andtoreportas early as
the 3ign of Indians had been discovered ifr rite .same! practicable. ' ;
titre, I addiessed, in tho month of December last, a
letter to the Secretary at War. urging upon him the
necessity efkeeping up a militia force, for the pro
tection of our citizens, on the borders ol Florida,
during a continuance of the war in that Territory.
I was informed, in reply, that no such force would
bo ordered; that the occasion did not require it,
and that, thereafter, tlie service of no militia Would
be recognized, except called out upon the authori
ty of Colonel Worth. Representations from this
Department, of the necessity of militia force, though
sustained by the statements of gentlemen well ac
quainted with the frontier, and the confirmatory
and more authoritative evidence of actual aggres
sion, by the Indians, could make no impression on
the mind of the Minister of War. ■ In the face of
murders: he chose rather to encourage the silly ne
gotiations of the officer in command, with a perfid
ious enemy, lor peace, than to authorise the chas
tisement of that enemy, by men who were able and
willing to encounter ihe danger and difficulty, and
who were impelled to it by every consideration of
patriotism, and devotion to the safet y of their fami
lies.
- Communications were made to me of frequent
trespasses committed by the forces of the United
States, upon tlie persons and property of our citi
zens, nnd finally, of actual murder. Instead of a
protection, they became an annoyance. I trans
mitted this information to the Secretary at War.—
After the small militip. force was disbanded, a sufli
event length of time Jbr the Indians to receive the
intellis>ence, they again assailed our settlements
and murdered our people. I immediately notified
the Secretary at War, that I had taken .the defence
of tho State into my own hands, and requested the
withdrawal of the United States’ troops. For the
protection of the people, I ordered out a guard of
s.ixty men, under the'command of Captain Aaron
Jernigan. This small force, one half stationed on
the east, and the other west ofthe Okefenoke swamp,
has from that time to this, effectually protected the
settlements, which had been, thereto fore; subject to
Indian outrage. Finding the theatre of their for
mer depredations, so-well guarded, against their as
saults, the Indians travelled farther west, to the ter
ritory under the protection of. the federal officer,
and there renewed their murders. The entrance
into Georgia, a: this point, was through spacious
swamps, in Florida. I addressed a letter to the
President of the United rftates and appealed to
him to have these passes guarded by a sufficient
ini Ut cry force;: but receiving no reply, ff addressed
a letter to the Georgia delegation,- in Congress,
with die hope, that with their co-operation, some
thing might be done to prevent, the perpetual an
noyances to which the petqde of that section of the
State, were subject. This induced a cqmmunica-
4ion from tlje Secretary til War, in which lie prom
ised that instructions should he given to the officer
)n command, in Florida, to. guaVd the swantps
through which the Indians passed iuto Georgia.—
Relying.on his candor,! felt assured the orders
would be given ahd the ingress of the Indians into
this State Would be prevented. After the myrders
of August, were perpetrated.’and the Indians had
retreated unmolested, except hy the Georgia ahd
Florida militia, and Fhad received information that