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X KI'lillUCAN. 3. Cl.BLAND, City AsftfCootrr? Pmwiil NOVEMBER 7, 1833. 1)*! ' Cm r, ]Mtr Annum; for * months W ip--*, 3 per A'lntmi; for6 mouth*, $3. (••avam.c IS ADVAKC*.) jVrrt A*teHi*m*U, epf»Ui (O* O.Tteo *t thn corner oTBijr «n 1 Bull-streets, over Mr. J. B. Guidry's Store. rrp«r>l that the whole ortho*© payment* had been mtdc ©ithnracotrirary to Uw, or required form*, or that they were unsupported by suffi- c ent evidence. ^ 11 ijr before the Lc|i«lature for die exercise of. it* paftioning power, ,tho case* of two convict^ for inhrJcr, to whom reprieves have been grunt ed. _ would avail invsclf of the, present, •• » fit op* portunitv for earnestly recommending to the Lc gislutttre, so -to modify the law defining tmtrder. and presrrihitur it* pttuiiiHment. n* to make « I \tfe portion of the offences which are by the de cbtonsof onr Court*, deiermitted lobe murder, ami ntittidiahle with death, subject to a different ministimetri. Pardon* have been *o uniformly* tor a long time, granted to convict* for murder, whose guilt has been unattended by circumstan ce* of great atrocity, as to prove conclusively, tli.it Home other mean* than more sentence* ot h wiping mint be provided, to secure society a- gainst such crime*. It is submitted to the wU- of iho Banka nhows the *light Control which the Croat to complete the building in tho style and no- obligation to perforin their contract* ha* over cording to the plan on which it wn coawwed,. terials in every school district; tho p From tS* MiUedgtu'JU Recorder, N<n. 5. Yesterday* at lOq’clock, the legislature of l Georgia commenced its annua! session, according to the Contitfition. Mr. Echol*, of Walton, waa elected President of the Senate, and Mr. Day, of Jones, Speaker of the Ilonse. Mr. David J. Bailey was elect tl Secretary of tho Senate, and Mr. Joseph Stttrge* Clerk of the House. Bailey, no opposition. For Clerk to the House Sturges received 110—L. Lstaste H. At 1-i o’clock to-day, tlie Governor transmitted to both Branches of the figiriiture, by hit Secre tary, the following 1 riSS AGE. • F.XrCCTtVE Dzcahtmext, Ga., j Milleihrex itlee, Nov. 5th, 1630. ) Feilme CUiirn* vflU ixzaU and House of RepreeentmtiM t Assembled together os the rulers of a people,to pm Uws for their government, it is an appropri ate act of duty to acknowledge our dependence upon the Sovereign Ruler and Law-giver of the universe, and to ask Unit he will so guide Uie pub lic councils as to secure the happiness of the gov erned. In accordance with established usage, I proceed to give vou un accouut of the cotirre which has begn pursued hy the Executive Department dur ing the past year, in discharging its various duties; and to recommend to the Legislature the meas ures of public policy which experience or roHec, tion may suggest aa btet'fealculntcd to advouce the tion may suggest public interest. The Militia of the State, imder the command of Gen. Floyd, who trip* employed at the time of your l^t session In pMNng the inhabitant* of the counties adjoining Florida, succeeded by their couri;mtaetivitr and tottfage in driving the Indians from the Okefcuokee Swamp, ami their other fkstnesses, so effectually that the endangered part of the country haa remained in security ever since. The ect pawed at roar last session to provide for the payment of Uie Militia who were called into the service of tho State during the year 1836, to repel the invasion of the iudian* from Florida, bos been carried into execution hv this Depart ment, as fully as possible. The appropriation of fifty thousand dottars proved insuiheieut to satisfy all the claim* arising under it. „ Two companies of Lowndeacounty remain unpaid, and the ac- coijiit-for tl* .applies furnished all the Compa nies who were in service in tliat county. The report of Col. King, the Commissioner appoint ed under the ect. Will show the manner in which tlo appropriation feu been expen Jed, and the probable amount of it* deficiency. I regret to. inform the Mpdature that the De partment has failed in III efforts to procure from the United States Government the repayment of the fifty Lboumed dollars which has been thus ad vanced fcr tho Stain, or the sum which is yet due to the militia for their services and expenditures. When the application was first made to the Se cretary of War, to pay the militia, the answer re ceived was, that the restrictive tertns of the law then in force, making appropriations for the sup pression of Indian hostilities, did uot admit of tne payment of such troops, and that llie authority for tiiet purpose must be given by a special act of Congress' Tuc Prc-tdcnr and Secretary of War failed, however, to bring Uie subject to the view of Congress, at the opening of its session; and although it was afrerwards brought before Con- gressby Uie delegation from this State, no such spocial act was passed ; neiUior was the general act making appropriation? for the *uppre**ion of Indian hostilities, so drawn np as to avoid the difficulty which had occurred under Uie previous law , or to provide in any oUicr manner for ma king the required payments. Taut this State has just reason to complain of Uie conduct of the au thorities of Uie Unit'd States, is evideut Tom Uie facts, that before the Suto ordered any troop* into its service, Gen. Jesup, then comuiuutimg in Floridu, was informed of Uie dinger waicn threatened the i a.iabiunts of Uie counties adjoin ing that Tern o.*y: That he promised to afford them protection: That when tne Indian* entered . the Ukeletiokec Swamp, soon Lroreuficr, in sutfi- cient force to endanger tne whole of tiro neigh boring population, no means had beeu provided hy Gen. Jump, or ouy other officer of the United States, to repel them: Thai thu emergency ren dered it in.ti*peu*ible that Uie militia of Uie State should be called out for that purpose: That information of tije invasion of Uie State hy the Jndiansfroui Florida w.w iintncdiulely coiuuitini- ted officially to the President of tiie 17filled Stale*, Secretary of War, and to GVn. lay lor, (who nod a short time before Mttcceedeu lo Gen. Jessup'* comm jii.I, io Florida,) wiLi a pressing r ill for as sistance and protection: That uo greater force was called out by tne authorities of Lie Suite man the extent of Uie dauber required, nor retained in service longer titan was ueces*aiy: Tint me Gen eral Government is boiinJ hy tne Constitution io protect the States agamat invasion, and Uiul it is its practice to pay me uuiitia of tne State* lor per forming but service wnenover.it could not nave be *n periormed ny mp troops of the U, Suites. In pursii.ince'Oi'ot.ier provisions of tho umo net already reierred to, Augustin II. 11.nisei, b*q. w.h appointed u Uuuiuiuiioner to audit tne claim* arising' under it in tne Cnerokee counties and middle Georgia, and Win. S. Rockwell, ivs j. f Jonimi-sioner lor the counties West of the Me- • inuigee river au J SoitLi of me ro.td leading from Milled^.eville lo Columbus. The Commissioner* found great ditticulty in auditing the claim* pro Muted to tiiem, os did bus Department m ul;ow< inj to uieiu os "just and well founded." None had in their reception any lien upon urn Treasu ry of me Suite us having been created under um authority ol i .* laws, or in accordance wim any general principle rendering it obligatory upon Uie State to nay Uiem, and could lacrelbre uiny uo de termined hy Uie siric. letter of the law which di rected their settlement. . Copies of the report of the Commissioners are laid before Uie legislature, imi wdl h.io.v in want manner they have dis charged the ditty iurigued thuiii. Thu Legislature was informed ut its lust session, tin: (lie accounts again u Lie United Slates, for payments tu uie by bus State, to its militia and vol unteers, under the acts of J8.ki and JSJ7, hud been presented to the War Department lor reiin- bu/seiuint, uccouipuuied With u request mat they should be pissed upon as soon as possible; an J that t to Senators mi l ilepreaetitauves from this State iu Congress, hud also been requested tons- “‘ t portion of tiiesu uccoiitit* would bo far Dcputtment, nn.l to apply to Con- passive of u special law, to author ise the payment of toe remainder. Those accounts were placed in the po.?gm*ion of tho Secretary ol* War, for adjustment in Uie mouth of June. 1836. In the month of January, thereafter, laving received no itt&riit.itien Unit any pro*;re*.< had been mudoin tueirseUteiuuuuw, and peu;eiviug thut the subject had not beeu brought before Congress, tho uttemiou of tlie Se cret iry of .War auT the Delegation, was again culled to it. Ne:ir tho close of tlie session, uti l when it was too iatu for tlie Delogutiou to attempt to obtain tiie pacugo of u law by Congress, to re- i ubu'se the Statu for the payments tu uie liy it, ic accounting otfieerx of tho War Department, doth or the Legist dure, to determine whether the object of the proposed ultendiott of the Lnw,%ill t»e best effected by creating two distinct crimes of the arts which are now included in the.definition of murder, d stinznishitif them by thecircutnstin- c .*i attendant upon their different degree* of guilt, and making tho offence of the least degree, punish- tide, by confinement in tlie Penitentiary—and the hi < fieri with death; or by leaving it to the discre tion of the Jtldze, before whom convic ion* for umrder may take place, to pit** sentence of death ort'ourinomcnt in tiie Penitentiary.accordingly m the guilt of n convict may be at:etided by circum- *t uice* *of alleviation or aggravation. In obedience to tlie requirement of the Leg'ir- hture, the Board of Commissioner* of the West ern and Atlantic Uail Road proceeded to examine the country on the Tennessee river, with the view of ascertaining the most eligible tenumnstf fie road for securing the advantage* of the trade with the West. This examination resulted in their fixiug upon Ross' Landing as thaADtnuiiMS The selection has been concurred illy the I x ecutive Department. One hun Ired utiles of the grading on I tnaso: • ry of the Rail Road is now edinplrt ad. except a sms!! di-Ltrre where itftstjtwif.l diifienllies nave fcesn met with, which will soon he overcome. The remainder of tlie road would have been put unJercontract for construction before this time, but for tiie want of funis. The entire cost of the road np to the 1st of Oc tober last, lm* been one million three Imudred and twentv thousand one hundred and forty-eight 1*1-100 dollars. Of this *uui%bout one million and seventy thou*atul dollars have been obtained through tho’ Central U ink, and by tho sale or ple-lge of thu stock is*usd under tiie act* of 1837 and 1838, leaving a balance of upward* of two hun trod aud titty tuottsand dollars, due to.the fbntructor* and other persons ill the employiqent of tlie Coiiiniittionort. Tiie payiueut of tins last *um, together with what lias become due the contractu « siuce the first of October, ought lobe provided for immediately by the Legislature. The uiiiitlil report of the Board of Commis sioners to the Legislature, will show the liability of the State for slock sold, for money advanced upon the pledge of stock, and for interest which may become due upon those sums. Tiie great euibsrrssnient in the money market of thiscouti them, and the probability that they will use the ortiortuuUy wnich tho Nunnetiftlotr give* them, of maVm4 profit from it. nnlet* restminrd hy ef- (blent law*. Whilst, therefore, I wo tW recom mend that all tiro Batiks should he permitted to-, retain their-charter*, whose report* show that their busiuM has been conducted with onlinary caution, and regant for the rights of the pnSlio.' I deem it very important tlwt the I^*gi*wtitn» sh'utld impose such conditions upon them a* wilt prevent their makiug excessive issues; specu- sting in cotton or other pro3u tiotH; or selling pceie ;su I fores them to resume specie piY® »nt* h soon a* the present emb irressmsat iu the money market in those countries with which wo h tvejcotnmercialdealing*, shall have passed a wav. —They should he required lo.inixe quarterly •reports to thn Governor, allowing their condition, an l exhibiting the amount of their liabilities, an I the specie in their vault*. The c on met of severed Bank* during their previous suspension and since, prove* the propriety of subjecting them to Increased penalties for ’issuing change bill* or note* under five dollar*; and of com- S ailing them, hy the same means, to pay their ve dollar notes in specie, when presented lo them for payment in small amount*. ’ The Bank of Darien and tiie Bank of Rome s i «pen Jed specie payments, an J stopped dis counting in tiie eorty part of the year. The loss which lias been sustained by, in*Jiv idti d* and tho public from tho depreciation of the hills of these hank*, render it tiie duty of tiie State to.en quire into the cause of their laiture, that such rein- •‘dic.ftniay be nj'p’ie t a* will guard the community from similar looses hereafter. A\ tiro failures ol fie Daren Bank have most pfoludilv ifroceeded from it* having been inthe hatirlsof Directors ap pointed by the Side, who have had little or no i itorest in its safe and profitable management, I wo lid r 'common l either that the charter ol tiie hank be forfeited, or hit tho S ate dispose of a po lion of it* stock, so ns to place the direction otfw Bulk n the hand* of thu «e who will haven strong at hvidual interest in con luctittg it proper* So pereott* have vnaviilwl themselves of the privilege granted hy law, passed at your last e oion, lo all the cititon* oftlro State, to establish itanks. This result i< fortunate for tlie country, as it is very certain, that if any hunks had gone in o operation under the law, they would only have increased the demngeniontOT die currency and inonicd cuih irnissiiicnt: and because it give* to t ic legislature an oppor uu ty of repealing tlie law, be fine any right* are acquired under it. A* louj a* the currency of the couutry is in bank notes, its proper regulation is of so much impor tance to tvery individual and the public, that the State, ought to retain sufficient power over it to protecttiie community from it abuse*. The Legis lature should ascertain what amount of capital it required to furnish the crrcul iiiitq-medium, suf ficient for the purposes of trade; where *iich cepi- t d on gut to Iw employed; and 16 grant, the pri vilege of using it to such perrons, and upon such ’conditions as would he*t secure a sound curron the Committee who had the superintendence of it* erection, borrowed (Yum tiro Central Bank, upon thoir own credit, the sum of three thousand two hunJred and thirteen dollare to supply the de ficiency. Tlie public spirit which induced* the Committee to incur this responsibility, entitles them to be relieved hy the Legislature lit tho sauio spirit. An enclooiru and out in c r- Bank charters are not intended for the exclu sive benefit of tiro stockholders, but to advance t ro wealth a id prosperity of all. The tendency and t ishobn, of StwlMouSSSSjE : >• n Wligiou., r Tlie nproi<ihr Tor , — mcraua off IntajurUdiciion, i„ „ r ,i, r 5*. “"•prom.,,,, lyiehei*, bf 5lo f try and Europe, and t;ie low price to which Su o ; of the guicrll B diking Lo .v, 14 to induce those stocks have t.iUeu, render it impossible lor-the 8tate to raise money upon credit. The legisla ture must therefore determine by wluit other means it will provide tiro funds necessary for ex ecuting its great work of internal improvement. Although the failure of the Htate s atteat fa sell stock may increuse tiie amount which must be provided at once for carrying on the construction of the road, yet thii circuoialance neither add* :o its final cost, nor lessens iu advantages when it shall be completed. The indisposition of tiro Le gislature to iiuposo heavy and uuiuuat taxes up on tiro people: the large demands which must be made upon he tro-uury for other pureo 1 ring tiie present year; and the deranged s ;>oscs du- # . - _ state of tiro finances, have created an upprenetision lest the road shall be abandoned altogether. Great as the dilfi:nlty will be in fin litig means for con- sbucting Lie rood, this epprehemma cannot but prove needless, when it is considered that ^1,3‘JO- 148 lOh ivk already been expended in it* con struction, whk j will bn lostcut.rely to tiro State, if it shall be abandoned: Tint tiio tine of tiro road is the cheapest an l shortest practic ddo route hy wjiicb the tV’e-taml tiouthwestcan be connected with tiie Atlantic: aud that its great cost wdl there fore create an addition d security tliat it will enjoy the monopoly of iu advantages: Tint it is due to her enrerpVwing citizens who are con'trusting the Georgia. Central and Monroe Ril Roods, that the gtate.should finish the Western and Atlantic Kuil Road: That, as tiro Government of tiro 8 tile holds the political opinion tliat the General Gov ernment lias no constitution d power to make in ternal improvements within tiro 8tate, it owes it to itself nn I tiro otiror members of tiro Union, to exe cute a work necessary for tiie prosperit y of sever al, and advantageous to ull, and which none call execute but Georgia: Tliat the rood will furnisii tiro only means by which the heavy and valuable production* of tlie Cherokee counties cun reach n profitable in irkel: Tho! it will connect the Slate with one oftlro most extended/ fertile couidrivs in tiro world, so a* to introduce’ into every part of it supplies of the firqt necessity, nt all times and in any quantity which may he demanded: That it will give toonrqitie* a large export tndc in tho productions of tiro Western 'an l .6ouihwe*;ern .States, aurl an equally beneficial trade .n supply ing their home consumption t That it must be come the great thoroughfare fortravclliiu between tiie Southwest aud the Atlantic: Tliat it will strengtiron the bonds if .he Union: add to tlie mean* of mutual defence and protection among tiie Htate; elevate, the character of the Htate; nil- vapeeit* geneftil pto -perify, and retain within it Lie population and wealth which would otherwise fmmoitcto other Htate*. tf, however, the lAtgiirhtnn fhould consider tiio fiinuce* to be in such a coalition a-t to forbid tiro continuance oft lie road by funds to be drawn from tixutiui], I would recommend tliat tiie Legislature authorize the Board ofCoinmissioneni to accept of tiro proposal which has been nude by tiro contrac tors now at work 011 the toad, to receive six per cent stock of tiro State in paymeut for iu contrite- non to Ross’Landing. A copy of the correspondence of this Depart ment Willi tiro Chief Engineer, upon tilts sutij^rt, and ol tiro proposal on the part of tho contractors, i* laid before you. If Lie Legislature should deter mine upon ucceptiu^ tlie terms offered hy the con tractors, I would advise that it he done us soon ns poH-tible, so tliat they may Iro notified of it by the time tliat their pretent coutrocU shall he complet ed. Reports have been received from nil tiie Banks in tiro Htate, showing their fonditijM on tiro first of Octolror last. These reports are so numerous and exteuded that copies could not he made out to ac company this iiroscige. They are filled in the Executive Office subject to the disposition oftlro Legislature. The late suspension of specie payment* by most of tiro hanks,affects so generally and to niicii nn extent.tlro interest of tiro whole community, 11* to coll for tiro decided inteifcrence of tiro Legisla ture,to prevent tiro injunoii * consequences which may follow from it. Tiro preceding *ti <peu*on olVpeeie payments by the Banks, found iujustfi- cation ill the extreme necessity whic.i was creat ed by 4|l>dddeu revulsion, iu trade, nud gefifral loss of Mfftfdciico in commercial transactions, which succeeded immediately lifter the excessive issues of tiie Banks,^which had been called for by overtrading, on the part of the merchants extra vagant purchases upon credit, and living beyond thoir means, by the people, mid the spirit of speculation which pervaded tho whole country. It gave to the IJ.,nk.ft the means of affording the ■usual facilities for business, and at the same* time of gradually curtailing their discounts, *0 as again to resume specie payment* without great pros-' sure upon tueir debtor*, aud to the opportunity of making payments liv time, industry & economy, without the ruin which would have been the con- sequence to nanny, of forced collections iminedi- utcly after the premura took p a e. The present suspension lias beeu unde under very different circuuistanccs; and if permitted to go unnoticed,' hy the Legislature, will tend to‘ produce an in security and vucillutfou iu Bank issue* and credit atiecting mojt injuriously tiro relation of debtor and creditor, aud the general wealth and pros perity of tiro community- Tiro conduct of many who have no money, ore largely indebted, and those who are employed in extmwive speculation lo engage in making money, or what passes for it a* an easier and more rapid means of acqui ring it, than by Isoor. A.tiro t pt the Uw as pas- *ed, contained pro vis on*, which for the time huve prevented tlicjrountry from tieuifl flooded with irredeemable buuk bills, y et its policy is be lieved tojic lorn: led 11^error, iq considering land and uegroc* noclter security for • circulating paper medium, than gold uud silver: and that ull poison* owning such property, ought not only 10 have the right of ming it, enjoying its profit* & >ejlmg it for M vulu-,butthe privilege of deprecia ting or all*, cling me value of -every ouror per sons property, by putting*in’6 general circulation bank bills, to pass tor money. The great mistake in thia matter consist* in providing for the even tual redemption of hack, notes, rather than for their comiuued circulation) wipiout depreciation; and for the benefit of the l-isier* of bauk notes, ramer tiiau tiro interest of tiro whole community. Lind and negroes are unfit instruments for carry• iiigon the business of barter and exchange, or lor being made the basis for is-mes of bank notes, be- cause they cannot b j exchanged into money at tiro will of tiro holders or as the necessities of commerce in ly require. Tiro rich may profit by.lutul uud negmei, being tile basis for the issua of banks which fail, but a large portion of the holders of the notes of such banks, must part with them nt auy rate of dopreebton. If, however the Le/islature mIioiiIcI continue oftlro opinion tint Lie business oi banking may iro left o regu late itself under the restriction* imposed upon] t by ihc general law upon that subject, those restric tions ought to Iro increased by requiring that bunking companies shall cou-oat of u sufficient n nnber 01 stockholders, und tiro .-lock held by each iro so liui ted a* to prevent Lie bunks liom fulling under tiro conh 0! of individuals, or of lew persona mid thereby secure taetu from being directed tO spccubuvu or lr-iuduient purposes. tn compliance with tiro Resolution of the Le- 41* a ure,Joh!i.Mcifiier*on tier.iuu,Win. W. Hon uud Ab* tlom II. Clmppel, Eh ire, have been up- pu n id cmnint-sioiiers to arraugo.uud digest <1 system of finance for tne Slate: Tlterr repor. will be luaile to you ut un early day. 'Die lygh qualifi- catioii* of ti’ie-ro gentlemen lor tiro duty imposed upon than, tiro labor w!;.ch Ji.m been employed in iu performance, and tiro importance of its sub ject, wtil entitle the.r report tn great consider.*- ton. William Liw, Joseph Henry Lumpkin mid David C.CampIroll, Es< k r •. hive been uppointcri couiuiisMioners lo itives.igu.e tue .-claims of Trez* eyant, Gulphin and Klaot. The result of their investigation* will he reported directly to tiro Lift gislature, and wi 1, it is to Iro expected, produce - final disposition ot those cl tiius. In pursuance ol* the uuihofdy given this De partment. Charles Dougherty*and Jus. A. Mem- wether, Esqi*. have been employed uscounsui to defend tiro -.ctiom pending nt ,tiie Huperior Court ot Ifatrorshdiu county, iu favor of tiro heirs ofeer- tain Indian reservees, against the grantees of the Htate or t.rose who hold under tbeui. The Legis lature is referred to tiro report ol those gentlemen for Mflornutrou upon the •ubje'gof tlicse suits. I refer tiro Legislutmo lo jt^ correspondence between this Dep.miueiit unfi tiro Governor aud Commissioner* of tiro Htate ofAiabuuui, lor inior- uiation iu relation to a proposition uiatie by tiro Governor of Ataouina, to run-jigaiu tiro line be tween tiro two .States, ill conjunction with tiro uit tiioritics oftiiis Htate. | , v Itraiuiuitto each Branch oftlro legislature,, list oftlro Executive watraiiU signed during the past voar, nud of oificers apponijod by tiro hxecu live during tho same tune. j[ The proceedings of tiro Irogislature of sevend of tiie Htales, upon subjects o! supposed cotniiiou interest to uJj tiro States urejaul Itvibre you, ut tiieir request. Brigadier Gencru! Zachuriah White’s coiiiiniuid !ios become vacant,by his removal from the Htate. 1 lay before tiro Legislature, JcOp'ro* oftlro cor respondence between tiiis Department and Col, Asu Bides, the contractor for improving (tie nav igation oftlro ChaUnhooclice Rwr.from the city 01 Columbus to tiro Flor.d-i line, and the Miiperfu lendeni, Uenjuiuin V. Iverson, Esq.; with copies of tiieir accounts .iguinsttbu Htate.. These papers *uli*licd Lie Dt'partiueui find life sum of $35,000, which It id been received from the Htate, by Cot. Bates, greatly exc-edud what lie was uutdled to for his service*. They will also sho w tlieditiicul- ty whit h occurred in uacerluiuiiig what ought to Iro paid to t.ro superintendent.* They are refer red to tiro legislature, that such delcrmiu ttion WW beJind upon tlieTh, usnjust, regard ior the public interest, uiul tiro rigills of tlfo qontractor and superintendent, may require. spirit. Au oncloetre anl out hoii«qft correspond ing in stylo with tlie priitfip d b.tildlug, remain to bo erected. , . Tlie limits of tho districts within which Just.ce« oftlro IVace exercise th-ir regular Jurisdictioii, and Captains of Militia their ro.u.nanjs, are by the laws now in force subject to tiro control of the Regimental Courts of Inquiry. Thu militia ol tiro State is so disorganized at present tlmt it would be a matter of some convenience both to the Peo ple an I thu Executive Department, if this power were takun from tho military Court* and given lo thn Inferior Courts of the Counties. No.withfttanJing tiie efforts of the Department to collect into tho Arsenti at this place llie public arms which uro scattered over the country,a great litany yet remain hi the possession of individuals, whetothdy are becoming useless by want of care, or are useil aud disposed of as private property. The evil i* sufficiently extensive to authorize tiie Legislature to compel, by poll'll enact nont, those who may havo public nnnft in their hands, to de liver them up to some designated officer. The *t ite in which the public arms were found, which have been collected inlo the Arscnul, ren dered it irocessi.y tint considerable expense should bo incurred inclcaninj and repairing uroui, to preserve them lit for public use. In executing the act passed at)onr I a*, session, directing this Department to have sold such oftlro public arms as 1111 |lit be doeurod iiimecessury to retain, an order was issued to the Military Store- keepers to select and sell, according to the terms of thu act, tho usoIuh* nrius under their cure. Tiro reports of the Military Htoro-kcepers, co pies of which are laid before tiro two Houses, will show tho manner in which that act has been car ried into effect; mi l tho condition of the public arms ill each of tiro Arsen da. The appropriation of ten tlioucmd dollars for a geological survey of the Htate, will be expended Mdoratlio end of tiro present year. It will Iro iiecesiary thaton addition il appropriation shall he made, ij'itDthe purporo-ol the Irogidalore to contitiuu Uro operation-* of li e Geologist until an entire survey oftlro Htate shall Iro completed. Tiro building which is now being erected for n Lundie Asylum, will be completed before your next se«sion, and ready for the reception of the ill >ane. I would call the attention of thu Legial 1 turu to tiro tiecusaity of preiuribiugtiiu rules upon which it* iimiuie* *uUI bo relived; adopting pro per regulations for the government of the Institu non ; appointing a Board of Trustee* for ita su poniiteiideiice uud inspection, and a Pliyaiciaq for IU edteal direction. • There are at present one hundred and sixty con vict* in Liu reiiden ary. Tuts number is too large to bo employed within tbo present building, or to iiduiit ol Lie convicts being subjected to solitary confinement, Uro nutn'rorol cells now erected be ing only one huudredond fifty. Tiro Principal Keeper, his assistants, and tlie Board ol Inspector*, have discharged tiro duriua 01 tiieir reqiectivc office* iuu manner which has se cured lor the Institution os successful m.nige- ment ns can be given to it under the laws w.ucii at presold control it. There have bcun no disturb ances among tiro prisoners during the past year, but one escape, onJ the atnouut of labor of the the couvicta nas exceeded iu value tiiatofauy pre vious year, upwards of eight toousand dodars. But 110 efforts oftlro olliccrs, however well direct- oil. can make tiie fustitntion what it ought to be. a .error to e* il doer-*, and the means of reforming criinuid* witnout .lie aid of u well regulated po lice. It is especially necessary Unit tiro uitrestraiii* cd daily communication which is novy permitted among the convicts, should be prohibited —uud that a separate building suould oe ejected tor the reception oiTuiiiate convicts. Upon tiro subject of the reforms which nro ne cessary in tiro government of the Penitentiary, tiro I j»gi*latura is re*|»ccuiillv referred to the reports o.tiro Board of In’qiectors, and oftlro Coaiiiiittce oftlro Legislature. I would respectfully rvcoinmeti-l tiro repeal or mqdilication 01 Ue law passed at your last sessiou, to promote tho culture of silk. From enquiries ma le by tins department, it it is boeu uscert dued, mat tiro premium of ti ty cents oti’ered by that lavyj for each ponuJofsilk cocoon*, raised in Lie HUtc,] is twice the sum of tiieir value; so that the produ eeriq receiving tiro premium, will receive certain ly twice tiro viuuu Ibr cocoon*, and I blue times, il they can find a market for them. The extended! plantings of tiro moms mullicaulis mulberry tree, which li is Iruudy been 111 ulu m tills HLde; tliul facility with which it can ho rapidly propagated; ita quick growth uud early fitness lor feeding the silk worm; and the ease \tiih which any quantity* oftlro silk worms may ho ohtqined; render I highly probable Unit a sittlU'ient quantity ofsilk cel cooti* will |ro raised, entitled to premiums, to ex- naust tiro Trej»ury in a few year*. _ There ran lie { out little doubt thut tins wdl Iro the cose, if our c.i- mute, soil, uud cheap lands, admit of the applica tion oftiinorto the cultivation of die mulberry tree, and raising silk cocoons, so ms to derive tiicrelroin tne ordinary profit*, received Irout oLier euip.oy Aunt*. Il not, then nil the premiums which suuil have been paid, will he so iiiucu pubfle money inrown away. A* tiro law gives an implied pledge tliat tiro premium shall Iro paid tor ten^ears, regaid ior Uro puulic lir.tii, as \1A1I as tho public interest, require* thut if it is to lie repoulod or modified wiLiiii the ten years,’ it be done ut once, nud before ■very extensive obligation* «hall have been incur red lo our citizens under it, or large amount* of tiro public money paid away. Besides these objection* to the particular pro vision* oftlro law, uro policy in winch it is round ed is itself very questionable. Tue people of turn uro mo keenly alive lo their own intercut* j mo liitle under the influence of long continued usage*; and change from one employment to unotiier so readily; thut tiro interference el L.e Government in giving a forced direction to their labor hy boun ties, can scarcely Iro justified iu any instance wind ever. As tiie raising of silk cocoons require* neitlror extraordinary capital nor skill; no* iroen Know it to tiro people of tiiis Htate from its first coiouial settlement; is designed to Hlipply the de mands of luxury und not of necessity, uud there fore only encouraged by tlie Htate lo enlarge the sources of profit: lucre is no stronger iuducuiiicut for ns encouragement hy bounty, tli.in any other proditclio.t which the legislature may bu of ti.e opinion can be raised with udvanbtgc. If tiro Legislature should Iro oftlro opinion,how ever, that tiro law is founded iii sound policy, mid ought to be continued m force, 1 would recom mend that it Iro ho modified, us to .uke oil tiro iruiiiity now ullowcd upon silk cocoons, uud in crease tliutullowcd upon silk, nud especially upon raw or reeled silk. Frauds are ho easily commit* ted in weighing cocoons that they cannot he pre vented. Tm re is besides no object to be clfectcd by encouraging tin. raining ol cocoon* at present, us lliero is no sulficieiit market for their sale in tiro United Hiatcs, and because they cunnot bu sent abroad 011 urcoiiut of tiieir great bulk in propor tion to tiieir N.ilq.*; tiro injury (folio tiiem oy coin- prcsftiou; iuiJ their liability to decay when expos- ad to tliu damp of tho ocuun. Raw silk, on tuo coii,rary, finds a ready market to any aiiioiiutin England or France, and i* so light in proportion to ns value, as to ho sent uhroinl nt very little c\- peiifte. If silk is to lie m ule in this Htate in suili- cront quantities to In come ouu of it* stnplo p;o- dmnioiH, it will most probably Iro iu the loruiof raw Niik, and, therefore, enrourugeinent sliould bo given to it in that form, if at all. No distribution lias been nude during thu past year of the fun 1* appropriated by tiro uct* of 183/ bruuthl lo tlm ttttniion of lh,"t*,v-HM trnvlou, oouim inlojlloni. nand, mcraaSnt imporuinc. uuintniil or lh.WrSr w 5 t ? ,d 'f t liouoftii* Htate, and tlm* M i HaiiAii C... 9 O caUou forT&aii, r«oinm,ndin,u,,L them a library tnr the use gf nil the scholar^ 0 (* books calculated to imprcM upon tiiem moral and practical truth-*; und the ii t.ro mttnlror and qu 1 tlilicatiom of tho tnne! . w9 providing certain and sufficient public frauds to effect that purpose. Avery slitht exam: 11 ition of the Acta of 1837 and 1838, will ihow, that these objects are not provided for id all, or very inade quately, by tiro propotolsystem. TnesotlWs di rect that tue trustees of the achool district* shall locate am! superintend the erection of suitable school houses iu their respective districts; Imt expre*dy prohibit their uring the achool fund for tliat purpose; no books can ne tmrehosed except want nmy be noccmnry for the children whose pa rent* are unulilo to supply them; although tho Htuto could perhaps In no way advance the cause of education more efficiently than by causing the highly improved class books which have lately Iroen’ published in tiiiffnntitry. to he placed in the w hands of ovary child. Neither does the system position of dm present statu olW ft® provide adequate foods to procure the uecesiiry and attempting to show how.|£ ? iXff'Si supply of onidtfied teaclror*. The academic and ey which have been receiisrf poor school funds an l the mterest derived from oue-lliird of tho surplus revenue recoited front tiie United States, m ike up the entire sum ap propriated for the support of tiie general system of education, and inay be ronridered equal to sixty timuranJ dollars per nniutin. Tho low in tend* that this Mum shall be *0 expended as to ox* tend tue advantages of education equ illy to nil t.e children of the State. The extent of the State i* equal to sixty tlioti*nttd tfpnre mile*, so thut if thure should oe a school hi each sixteen miles, as there mud be to briny a school house within roach of all tiie children, tiro whole su n applicable to tiie payment of the teachers of each sjIiooI, will bo sixtecu dollars, including in tliat sura wlnt may Iro necessary for purchasing books and stilionary for the poor childrei). Another view limy perhaps present tlio subject in n yot dearer liglit. The whole number of c ulureii between the ages of five and fifreen, he- i ig those who are entitled to the honefit* of |)m ■ /stem, exceed one hundred and six thousand.— An eqnl expenditure of tiro sixty thousand dollars among them, will allow somowlmt more than fifty c )nls to Iro applied to the education of each child. \Vhni. therefore, from tkismiiu of ttr ceni e ich Hchol.tr. or sixteen dollirs for eXh schi deducted wliatfimy be nucuftsury to supply tiro poor children with boohs and stationery, what iuiv remain undrawn from the Treasury, and that wh c!» may Iro misapplied or not applied at all by ngentft, it will pcarcely lie necessary to estimate tiie sum which will remain of the sixty thousand dollars, to show its entire inadequacy to pay teach ers for all tiie school district*, and to educate all thu children in the State. It is truo that the law provides that in aid oftlro friiid* which have been appropriated, th ) trustees of the school districts tn iv%iii*e money bp voluntary subscriptions, and that the Inferior’ Courts of the counties may levy n tax. But thut system i* no syalom ut ull which depend* upon voliniLiiy assistance to sustain it. Iu operations must Iro too uncertain aud varrob'o to bo relied upon for any valuable purpose what ever. ' In nduition to thesu defects of Uie system, it may lie added, tiiat tiie expenditure of tiro school funds as directed hr it will Iro very tine- qml. It) all tlie populous and wealthy d'istricis und counties, whore school houses will be erected, teacher* employed, ati'l children taught whothcr a ly aid is received from tiro public funds or noL the proportion of the school fund to which such contrite* and districts tuny be enti led, w.ll bo re ceived and expen led. whilst the sparsely popula te J and poor district* and, co uitte*, and where school* are not supported at preiroui. will rccehe untiling; beenuso their proportion of the school fund will bo too Hin di to enable Ltetu to emplov teachers or luahttain schooh. Entertaining t* e e opinions of the inefficiency and inequality of tiro general system of education by couimou schools, I consider it my duty to recommend to tiro Logis- la’ure, either to amend it so as ;o make it what it pu p i.ti tn b *. or tn ahnn Ion it altosetiier. THj lwo Houses will fin I in th» aevompan/ing p iper* several acts and resolutions, passed , at ti.e hist session ol* tlm Legislature, with tiro reasons why tiroy were not signed or returned to the House in which they originated. ‘ I regret to inform you tlinl tiro Irogishi'ure of e Htate of Miiiuo h i* declined tnVn ? any meas ure* to give ritiftfuctioii to this State, for tiro vio lation of it* con*t : tntioual right*, hy the ri*final of Governor Dunlap and Governor Kent to deliver up to it* authorities upon tiieir demand tho fitgi- live* from it* justice, I'hilbrook and Kellurun.— You will perceive from th* proceedings of the Lnn^ conlinuaSil IniilUi mu«t forlha im|M>rfrct nm wr m pmented lo the iT** prevented b, Uie Mine can,, i><b nniillnn ..fit, . . * ** ! ey which hive been reeeired lorrmhl? frn'noUiereonree. of revenue I. yoMywMHnl. eitiier by' « improvident matngement, until thsfi!??* only so exliaustcd that it U without eemin, on Ihofirat sreot~Wwk >l> . ^ mrlerlnken hy Uie Store". boTiitoMif 5* been contracted ol'niorc lion , /•■- ' jamepntentmvMlf wiRwlSS^Ht lature, that whtl*t for •everil ycajViJf uoin have been greater than the titJU * pay . t ro general anna tl taxes, which i u 7 e periy to the treariry.have been given SS orretalk |«rtaVSJ*22 nor .nt to be renie»Sre.l. tlwt ® yra od, by the protefl, in another of threo hundred thoriMlJ rfoli.- *** the Control Bank, under fie auUioritn?! * ,la : ur »u«" d »Wcb the l.e*:,latSV Uto Bonkfroin pivot, Whendtt, w4 Uvit it. mean., wild be applied too hoi •Hie prerent rt.te of the (itnn-e,, o'pn ibcrevontte ond eMenditiinthJ,,*’ adopted, are nkjeela of Uie hiXoEz and demand, a. I tmd ther will riv~5!J and earned attention orili. te.UuiLr^ UjBJhojn the Eiecntind,' of tiro present i I mint i QF.OUGE R. ( SAVAWSAH7 THUII8PAY BVBNlRrifiiS Legislature of Maine, atitsla.*tscsftion.that upon reference to it of nil tiro document* in relation to Mr. Howard, Uie agent wl;</fr*s sent to Eng land to procure copies of the colonial record i, re- luting io tho ea ly history of this Suite, has placed in thu Executive office twenty-two manure)ipt volume* a* the result of hi* Jubtr* fireut credit is due to 3Ir. Ho vard for f. u iudu itry and per*e- vormteo with which h” overcame tiro dillteulties which hu met with in effecting tiro object of' his mission. The appropriation for building a bouse for the roHtdcnco.ofthc Governor having proved insuffi- and J838, io e4ttblt*h « general system of*educa tion Iiy Common Schools, Tni* delay hus pro ceeded from the axhuusted ‘.state of the 'Treasury and Uie inability of tiro Central Bank lo udvunco tiie uuioiint, except inthe bills of tiro Darien Bank which tiie Treasurer refused to receive. Whilst tiro general system of education is yet inoperative, n suitable opportunity i*allbid *d tho irogislature of again enquiring whether tiro menus proponed lo be used bv it are calculated lo nn- f. swor the pud designed With u vlewitTsuch ait euqqiry, it inny be proper to observe, that tiro pri mary object* to bo uttaiuod in establishing such a system, ure generally understood lo be Uro build- ■fortahlo ing of comfortable school houses, of dureblo mo- riiilhrook and Kelteran. it contented itself by rc solving that the whole of tint subject was exclu sively within the province of the Executive Dc. nartmcnt.iind tint it wit* inexpedient f r tlie Legi* Iittira to take any order in relation thereto, ttov withstanding thut the Legislature had passed a law at iu previous session, defining the power of the Executive Department in arrestinv and delivering up fugitive* from justice, from other States, and evidently wit!i tiro vinv of jusulymg Govern: r Dunlap in Iris previous refusal to deliver up Philbrook aud Kelieran to the authorities of thro ^Stato. * This conduct of the IrogisV.ure of Mainn and the p.cvioitft conduct of Governor Dun an and Governor Kent, pmvc conclusively that the op position to tiie institution ofoluv’ery is *o great nnio.ig tiio people of that Htate. that their pub lic autiiorities are prevented from olroying tiro inj 1 Dictions of tho Constitution of tho United Htate*, when required to deliver up fugitive* fi oin justice clmrgfil with the crime of violating the right* of property in slaves. Tjps Slate mist therefore protect hy its own authority ti e rigliu of it* citizen* in slave propeity ugam-t th : disposition ofthp peoplo .of Maine, to violate them. For this purpose you will lie justil e I in declaring by law that all citizens of.Maine wlo iiiav come within tile jurisdiction of tina State, onboard of any vessel n* ounce*, officers, or iimriiiers, shall lie considered us doiifg so with Fie intent to commit tiie crime ofsedttcing negro slaves from their owner*, and Iro dealt with ac cordingly by the officers ofjustice. i have not called a Convention oftho people of tiio Stile to tnke into corsideratiou thu cour e they ought to pursue in maintainin'* their right* m consequence of tiro refita! of Maine to t’o tl om justice as directed by the resolutions of tiro Legidature pn-sed at Its ses ion ofl 37 for the reamn that tiro lrogiriaturc foiled to movlde for tiro expen«es of such a convention and b .cause a convention for unotiier object l.a I already been called by Mho Legislutiiroand its proceedings suhiiiitted to the people for io ideation. Your attention is called to a law which tew been passed by'the Legislature oftlro Htate theatre. ; Onr Theatre was opened Imtnisfcu direction ofMr.W. C. Kon.rj.u U •canon, with the Comedy or ’s«, t_ "txl 'lio afterpiece c,f 7kr, Out Ti tliat tn tvero ploand,would b, but Iriiv', um. upon tho perform. M. Credit in due for the order pm ' liottne; and in this pirtlctilnr, tntirhdi tho encouragement to be obtained. Hi. f, hra adopted a eonrae not recently in, by having nn Orrhentnt iinnvilW,y daya of Gu.ranr. We n idi him ■ iu every way deeerving of p .portable company. ITTTh, erpendilurr. of the 8ut«d dining the Lin fiecal year, were(1714*8 The.cboul I mid amount, to (119,61 Uro bank m. ly fluid lo 73n ILfJXOId. Qov. Cani.iv, of lllinoin,hu iwnllii| ntation, convoking an citraonliatij ■ the Lxgidnturn of that Htate, oath., day of December. Great intemb tffcl ho ray., are involved, requiring ipn^l Uw action. "ANOTHER SUSPD'SI Under thin head the Madimtt (la.) I tlie 21.t nit., announce, that ibo - tho Van Duran paper publidwdilfct) followed tho example of Um Bub! pended." ol Now York, to nnliinri/.e tiie detention of fiigi- I vi ■ from jiiHtiee ftrim other Btolea, and tlm Ter- riorio. of the United Staten, a copy of whielithe In'gidatnre of New York has emredto bo Iranr* nmtod to tlm Gdyortior. of each of tl o Suitea, in order diut nimilar law. may bo p e.eil liy all tho Staten. Tiie copy received at thia Depart- ment nccoinpariiosibj.riienoige. I aijw lay before yencopieaorvary intiro.ting proccdinga of tiio Lsgiilatnre of the State of South Carolina und the .tote of New Jcrncy, in relation to the con* Irnveray between thia atote uud tlie State of .Maine, # Tlm uinendmenta to the Con.tilutioii, which wmro proponed totthe people forrutifkmtion,by the late Convention, have lieen rejected by tiio mu.t decided exprennion pf pitldic o| ' tlm Kecoiul limo tlmt tlm peoplo tmvo retnnen to -unction tlm proceeding, of Cunvcn ion., Iielu tit reform tlm Coiutiliilioutnnd.iii both inntnncea Imve probably beeu induced to Ilia caurnapnr- nued, by tiie helieftlmt llie uinendmenta ottered for their approval, weru intended lor rectieual or tciuponriy party purponca. Tliat lire proeeding. of thene Couvoirttonn, aliould have Iroen liable ro ntieli deciaivo objeetiotta in very mneli to be rogrdt- teil.aince lire luuemlinenU to lire Constitution, which they were called tn make, aroindiipcuaable to tlie good gov-mtuum of tiro Slate. Tlie preaent ntiuiburoftliemembera of the leginlature, must be reduced, uud tho repreneutaliau of tlie peoplo crpnlixcd, to secure to tiio country a wine, econo mical, andjuit aynteni of publ.c policy. From wlmtcvor cauao the failures to ninemi tho Con notation limy have proceeded, it oonliimoa lole an object of the highest importance to thu people of llie State, that it ahould be amended. Accord ing to the ConalituLnu. the power Of amending its defect, belong, ftttndveijfia tiie l-eg:,lrton! i For the Daily ftyakiM- The Volunteer Coropaniea ofy.nO much honor to die Stale, that I .mV I word or depd, aanert any thinj d«»P*q chararter aa gfhtlemen or uliim! 1W often spoken of tho "absent CtfUu’l Rifle Company and ito riuciftim h *J terms, private Bbir can testify. . Rnt that the report of Thompi current, reference need only be tank * opinion. And that, thtrtprt “oftbtB pany being actually iHinmud to next morning," will bo eoqfirmril Iw*f to oay, by John Slater one of it* fonnr H and iat tkaU; who observed ubW that ona of it, member, retnarW day noted, “me have jil-t t'ormi IblKM uiUbbry Alfred -Prdmw l Fnrlt are elMoretiW 1, • I'lolionorofmyfrittnda or ray cimP^ grieved, / never tlirow d* •enlnient on my uieeet CeJ Another Rifleman hnajtrt iu J’T,’ the nine oceaaion. Uto Srr/oa toll W to bury Thompson and a child ae TO THE PUBLIC.—My 0iTl(J ‘I Oemler'n old sliop, .Market Sgaa**’ T C. A. WATKINS, «■ Tho Georgian will ple"« DEATH OF HON. W. B#**froma.UUer,dai*l t GEXTLZ-i^ It U WjjTirSwJ s: soiue two or three week*- The Buehrbrnl tre l'rj.L,(nii> 1 ■ rya tlmt a gentleman well kj ^ .* Ita. joat returned from yoml Dayton, am far™ ,: r Us nn never now atjeh m*'' || ., on ib« llnckwlieut njUierowera 1 tho extent of threo couui«_ Tki- i» HELEGATES c TO vi ;rf^ o l'^ Tim fellowin? in die several C°' lsr ?*n?e \VlB| JJJ chuftta, as Delegatesat li^ vention which i< * u ®Jn M ,inbW * the firat Wodiioatlay’ of® g rel< |detieJ« : minato a candidate forth" » (.EttOSTXS .J — Banxr.n Bonnxsita Isaac 0. >»*«"■ l.tDi.mct.-NoU i . c| pilW ( James H." 2d 3d 4Ui Btii Olh 7th Stir «Jth inih nth 12th Iff Llnna - . Ar'" 111 aiw. , Henry I GO'S' u%#\ Wll rren 1*"'° I coti 111,, ]** lit | lb,