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made, if the efficiency and wisdom of
the General Assembly will be .noth
ing impaired by it. Let.jw'lotif ai
m
of
this
the
s.
earners
h six
the question for a moment
light. Should the example
last General Assembly, the
of which voted theatselves cac
dollars per day, be followed 'as n
precedent, (the propriety of which
has been doubted, these one hundred
and sixteen Sonators and Representa
tives will, in future, draw from the
Treasury six hundred; and ninety-
six dollars
sioti.
lars per. day, during the scs-
If the session continue but
forty days, this a ill amount to $27,-
840 each session. To ibis add $3l
to each, which is abput the average
mileage of a member, nr<d the milea
ice
ild
of the one hundred and sixteen won'
amount to $8,596 ; which added to
the per diem pay ns above fixed,
makes a total of $81,436, thereby
saving to the State, Should the pro
posed reduction be made, that sum,
• each session of forty days; should
the session be longer, the sum will
be greater. But it is believed, now
that the sessions are annual, that the
people do not expect them to be pro
tracted beyond forty days, and that
no sufficient reason exists for so doing,
as all the necessary business, with
diligent attention during the earlier
part of the session, may be dispatch
ed within that time. The above sum
is now raised annually by taxation
from the people, and is, in my opin
ion, expended in a manner worse
than useless—as the General As
sembly, under its present organisa
tion, is believed to be a less safe and
efficient body than it would be if
organized upon the plan above pro
posed. For the purpose of ascertain
ing tho senso of the people directly
upon this subject, I recommend that
a law be passed by the present Leg
islature, authorizing ttie call of a
convention of tbc people, to take into
consideration the propriety of the pro
posed change, or such other change
as accomplish the object, to
gether with other necessary altera
tions of the Constitution. Should a
reasonable reduction bo made, the
saving of expense at a single session
of the Legislature would nearly pay
tho expenses of the convention. The
Legislature, as at present organized,
including per diem and ipileage of
members, clerk hire, &c., costs the
State about $2,520 for every day it
is in session.
Boy of Clerks and Per Dum of Mem
bert should be Fixed by law
In this connection, I will remark that
the item of clerk hire, alone, has fre
quently been most exorbitant and un
reasonable. It is believed that much of
this unnecessary expense has resulted
from the practice too often adopted by
the Chief Clerk and Secretary, of r-m
ployipg a laige number of supernume
raries. During the session of 1853 and
1854, the clerk hit e in the House of
Representatives amounted to $24,410,
and in the Senate to $7,346. Since
then, a law has been passed, limiting
the number of Clerks to be employed :
and I recommend a further enactment,
fixing the pay of each clerk, except two
enrolling clerks at $4 per day pud the
enrolling clerks at $5 pfer day. There
would be no difficulty in obtaining the
services of any number of clerks need
ed, at these prices, who are quite as
Com nent as those heretofore employed
at six and seven dollars per -day. The
Secretary of the Senate and Clerk of
the House of Representatives, during
the last session of the Legislature, (which
lasted only thirty-nine days) received
each seven dollars per day, and an ad
ditional sum of five hundred dollars ap
propriated to each. This appropriation
and per diem together amounted to
nineteen dollars and ninety-seven cents,
•ach per day, beside all the contingent
expenses incident to the office of each,
which were also paid out of the Treasu
re r J. Neither of these officers had, 1
think, five days of official labor to per
form after the adjournment of the Leg
islature. 0
I recommend that the compensation
of each of these officers, be fixed by
law; and I would suggest that the actual
contingent expenses of the office of each
be paid, and that each receive not ex
ceeding ten dollars per day for the time
he is engaged in the duties of bis offico,
without further appropriation. I ain
satisfied that it would also be better to
fix the per diem ot the members of the
Legislature by law, than to leave if, as
heretofore, to be determined by them-
"felves at each" session.
On account of the lateness of the
hoar in the session when the bill ap
propriating money for the support ofthe
government, is usually passed and pre
sented to the Governor for his sanction,
he is sometimes left to the alternative
«»f giving- it his sanction when it contuins
items ot appropriation, which are, in his
judgement, unnecessary and exorbitant,
and which he does not approve ; or, of
vetoing it and calling an extra session
ofthe legislature to pass an appropria*
lion hill without those items; which
wouidcost a much larger sum .than the
amount contained in the parts of the bill
to which he objects.
If the compensation of tho members
and of all officers of every diameter
connected with the body were fixed by
law, much of this embarrassment would
bo avoided ; as any proposed change
would then be brought up in a separate
bill and acted upon with reference to its
individual merits. Indeed, propriety
would seem to dicate that no appropria-
t;:;:i of doubt'd expediency, should be
fastened upon (lie regular appropriation
bill, the legitimate object of which is
only to appropriate the several sums of
money which are known to be necessary
to support the" government, All other
proposed appropriations should be acted
wp«m separately, leaving each to stand
or fall on its own merits.
Change of the Constitution
pait ofthe constitution, and as a diversi
ty of opinion seemsto exist nmciig mem
bers of the legal ptofession, as to the
necessity of the signal tires of the presid
ing officers of ll.e Legislature during
tho sesssion at which the hill was first
passed, I thought it advisable to publish
(he bill, as required by the constitution,
(which has been done,) and to submit
it, with the facts for your consideration
I deem the proposed change of the con
stitution an important one, for the rea
sons given in ray last Annual Message.
Amendment of ike Penal Code.
While on the subject of criminal law,
1 deisre to call th* attention ofthe Leg
islature to oilier changes, which I deem
important. Whtn a defendant, under
the piescnt law is couvicted of a crime,
the punishment of which is death-or
penitentiary imprisonment, and tho case
is carried to the Supreme Court and th-
judgment of the Court below Is Affirmed,
the defendant, if he is not nut mi bail,
mu-t remain in jafi, « charge to the
county, until the next term of the Su-
pex’-or. Court, which is someiimes nearly
six months, before he can be r> sentenc
ed. To avoid this delay of-justice and
the consequent unnecessary expense to
the county, in such cases, I would sug
gest that the law be so changed as to
authorize the Judge, of the Superior
Court msuch cases, fc re-pronounce the
sentence, in vacation at Chambers upon
motion of the Solicitor General without
delaying the execution of tho law till
the next regular term of the Court;
which delay sometimes enables the
guilty to escape; and which in almost
every case, imposes a heavy tax upon
the county.
By ibe IStli section of the 14tli Divis
ion of the lViml Code, it is enacted
‘•that any person against tvlmm a true
bill of indictment is found for an of
fence not e fleet ing his or her life., may
demand a trial at the lenn when the
indictment is found or at the ui-xt suc
ceeding term theieufter, which demand
shall be placed upon the Minutes ofthe
Court, and if such person shall not be
tried at the term when the demand is
made, or at the next succeeding term
thereafte; Provided, that at both terms
there wetu juries empannelled ami
qualified to try such prisoner when he
ur she shall be absolutely di-charged
and acquitted of the offence charged in
the indictment.”
The Supreme Court first held that
the defendant might make the demand
at any term after tlie finding of the bill
of indictment. They have since held
that the demand can only be made at the
term when the indictment is found, or
at tlie next succeeding term. For the
pur] »ose of making the'law more certain.
1 recommend that this Section be
amended as to permit the defendant to
make the demand at the Term when the
bill of indict incut is found and a state
ment of the case read in open Court by
the Solicitor General, or at the first or
second term thereafter, or at the third
Term-if the Solicitor fails to read the
statement of the case in open Couit at
(he term which the bill is found, or to
notify tlie defendant or his counsel that
the biTIms been found true by tlie Grand
Jury. And on the other hnnd, for the
purpose of promoting the ends of Justice
by securing a speedy trial of offenders,
I recommend such change in the law
as shall compel defendants in criminal
casts, to come to trial, at furthest, by
the second Term of the Court after the
Term, at which the bill of irdictment is
found, unless further time be given by
the Court on account -of very special-
Providential cause.
Pardoning Power.
During my term rn office, I have
seldom exercised the pardoning power.
While I admit thatthere are rare cases,
as in the case of newly discovered evi
dence after the conviction, which might
reasonably have changed the result, had
it been before the Court on the trial,
and a few other cases, where the power
should be exercised, I do not doubt that
its exercise may be, and often is, much
abased, l have therefore thought it tny
duty to exercise it with great caution,
believing that it is far better, as a gen
eral rule, for tlie safety and welfare of
society, that the decisions of the Courts
and juries deliberately made, with all
the facts before them, should m>t be
disturbed. I have no sympathy with
that sickly sentimentality, which always,
forgetful of the injuries inflicted upon the
innocent by the guilty criminal, would
in the name of mercy, turn loose upon
the community every felon in whose
favor a sympathetic appeal can be made.
I have nut ou!y refused the exercise of
the pardoning power—except in a few
very special cases, such as in my opin
ion were contemplated by those who
formed our Constitution—but I have
also refused to respite defendants in
cases of murder, when, in my opinion,
after an examination of the evidence,
the finding of the jury and (he judgement
pronounced by the Court, were '
feel ihat 1 do but an act of justice, win n forgotten in thisconnection, that it was
,1 say, that in my- opinion, the State has built at .Vftme when railroading was not
well understood, and that it was built ns
a publie woik, at a cost greatly more
than would have been expended in its
construction, even at that time,
private company
at no time had connected with the Road,
in any capacity, a more trustworthy and
valuable' public servant. It will be seen
by reference tobis Report, that the surn
of 3402,000 in cash has been paid into
vision for ihis purpose, is the distribution
of ihe small quota of ai
which the -repl
State recei\es annually from the liene-
r.i! Government, and which i- wholly in-
demand.-. The
tee
tb
_ jadiquate _
by a jqucnce*t,s that muny of our volt
j conipanicwarc without arms while
! State Treasury from the net earn- Had the same economy been used others would be organized
ro nPiliA D.1.. £ i : n_ * • « . . r. .. . .. . P.
logs of ihe Road during the fiscal year
ending 30th September last, and it will
be seen by the report of the Stale
Treasurer and Comptroller General that
four hundred and twenty .thousand do 1 *
lars have been paid into the Treasury
during the fiscal year ending 20th Get.
1859. The old iron on about twenty
five miles of the track, has since 1st
Jan-. IS58, been taken up, and its place
“-plied with heavy, new rail. The
ad bed and aft foeeuperstructurcand
machinery are kepUa excellent ottfor, bjy.hxye***. bud. it been bui.lt by a
Ivonew debts a’e contracted which are company, and not upon such
tint promptly paid monthly, if demand- *» iiiay have cost, Under the«
which is usually practiced by private | known that they could be supplied with
companies, the whole cost of the Road] suitable arms.
would not probably have exceeded, if
it even had amounted to 83,000,000.
The sum paid, iuto the Treasury du
Frequent applications, are.made to
this Department for arms with a view
to the organization of neuj volunteer
ring the past year is fourteen - per cent jcompanies ; and- when those who upply
upon that sum.- In comparing the pCfe-
sent management of the Road with Com
pany management it is certaiely just to
tlio present officers who did.not build it
to couqt the per cent upon auch sums
only as the Rond «hould hnve reasontr-
are informed tliut they cannot be t-uim
plied, all furllier attempts to organize
such companies are abandoned.
■ - For the purpose of encouraging thr
Organization of.volunteer corps I recoin
mend that all laws now fnfnfce requir-
sum as
the extravagant
ed; and iio agent appointed or retained system which is someiimes practiced in Insurrection or invasion ; aud that a
Hi CnlM* flurintfr mo orlminLtmrirvd L- j iIia nvirtin.l r li: - '- » **. ' .-sal
in office during toy administration, is die original const ruction of publicworks.
and sapplie
county whose clerk informed me of any
deficiency, the standard' weights and
. measures which were considered neces
sary; If the supply needed by any coun
ty has in it been shipped to its nearest
railroad depot, the fault rests with its
own officer, who failed to furnish infor
mation of its necessities.
I have also caused to be deposited in
the State Arsenal, at this place, 27 sets
of standards similar to those furnished
-the counties above mentioned, which are
ing.thp.perforeoauce of mitibuy service ^subject, to the future direction- of the collected by sheriff of the
other- than that performed by volunteer
corps, b" suspe tied, except in case ol
known to be a defaulter to the amount
of a single dollar.
1 confess!hat the amount paid into
the Treasury from the road, during the
past year, has somewhat exceeded tnj
expectations. For th'a I am indebted
not only to the Superintendent, but also
to the untiring efforts of the honest,
industrious, and faithful officers and
agents associated with him and under
his control. - • *■■■■
It has. I think, been clearly shown
within the last two years, that the Road
owned and c»ntrcl!ed by the State is a
productive piece of property; ami with
proper management in future, I feel
safe in the prediction that it will re
main so, and that the incomes from it
wid continue to increase with
.the
la accnrdoanee with my recommends-'
tUMfca bill passed each branch ofthe good mechanics, who are dirintere
General Assembly, at its last session,
by a constitutional majority, entitled,
“An act to change the 1st Section, of
lM,3d article of the Constitution of thin
Slate.” . 'The object of .the pn #
amendment is, to authorize a change of]exp
venue in the trial of criminal cases when, buti
in the opinion of the pi ” ” “ '
the ends of justice may require It, so
rtaf a defendant indicted for murder or'
conforinil
justice.
,y to law, and the principles of
In such cases my opinion is.
that the officers of law should not be bin.
dered in its execution ; and I have not.
therefore, suspended the sentence, nor
referred the case to your consideration.
The Constitution does not say that the
Governor, iu such cases, shall grant a
respite, hot only that he m>ey do it. It
is evident, therefore, that it is made his
duty to exercise a sound discretion, in
determining whether or wot .the case
is proper to be referred to the decision
of the Legislature.
Penitentiary and State Asylums.
For u statement of the present condi
tion and management of the, Penitentia
ry, the Lunatic Asylum,-the Academy
for Ihe Blind, and of the Institution for
the Education of the Dcaf'and Dumb,
I refer you to the respective Reports ot
the persons in charge of those institu
tions.
General Eli McConnell, Principal
Keeper of 1 be Penitentiary, in bis of
ficial capacity, by my instruction, took
control oi its repairs and reconstruction,
as contemplated by ihe act ofthe last
Legislature, which appropriated $30,
HftA IV- sL.I II- 2- .*
IS * * *’ " ■' , IT f V W VWV,-
000 for that purpose. He is erecting
the buildings with convict labor; and
as each huildimr is mim.li-tPtl, the value
of its construction is In be estimated
it
land the sum Awarded by them, is lo 'be
fir 1 "* — iVr* irr* f*~iipil Kiipiii lTi»<i
oee.of the Penifeiniary out .of the a
increase of population, business and
wealth in the country.
So long as the Road remains under
my contiot. I invite strict scrutiny into
its management; for I subscribe ful y
to the doctrine that it is proper to hold
public functionaries to rigid accountibili •
ty. And I am willing that judgment be
pronounced upon my official conduct
under the application of this rule.
^ In the construction of the Road under
State management, it is not doubted
that there were in many instances too
lavish an expenditure ofthe public mo
ney, and that it cost a much larger sum
than it should have cost. I am not pre
pared, on that account, however, to ad
mit that any good reason exists why
State may not manage a great public
work of this character with as much
honesty, economy, and success as a cor
poration. To accomplish this object it
is only necessary that the officer having
the appointing power, select agents who
are competent, honest and faithful; that
he lay down strict rules for the govern
ment of their conduct, that 'he give so
much of,his individual attention to the
work as will enable him to know whe
ther or not those rules are violated; and
in every case where he discovers he has
been deceived in the selection of a proper
agent, or where an agent has palpaWy
violated the rubs laid down for his gov
ernment, that he have the moral firm
ness and nerve, without regard to per
gonal considerations, to apply the cor
rective, by a prompt removal. The
observance of these rules is, in n:y opin
ion, a duty of the appointing power,
from which he should never shrink. If
he performs this duty lie can seldom
fail of success.
Regarding it as a matter of interest,
I have endeavored, at the expense of
considerable Inbor, to ascertain the ori
ginal cost of the State Road ; but I find
it impossible, for the reasons given in
the able and very valuable Report of
Col. P. Thweatt, Comptroller General,
who has also given much attention to
arrive at a conclusion with entire accu
racy. It is believed that Report of Mr
Garnett, then Chief Engineer, made iu
1847, ol the amount expended to that
lime, is about correct. lie-estimates the
whole cost to the date of his Report at
83,305,165 88. Since that time there
has been appropriated to the construc
tion oftlie Road, its equipment, &c. in
Cash, and in the bonds of the State, the
sum of81,136,366 27. Add these sums
together and we have $4,441,532 15, os
the total amount appropriated by the
Legislature, and paid out of the State
Treasury, for the construction and equip
ment of the Road. 1 Lis, in my opin
ion, is a very near approximation to cor
rectness.
I am aware that some persons, in nc
counting for the gross incomes of the
State Road .since its completion, have
charged large amounts of these incomes
to construction. These suras were, I
think, gem-rally more properly chargea
ble to repairs, dtc. than the original con
struction. As an instance the Etowah
-b> vdgw burned ihrirn maw yoara atw
the road had been in operation, and it
became neccessary to build a new one.
Tbo cost of this could not properly char
geable to original construction, hut was,
I think, properly chargeable (o repairs
on account of casualty.
A portion of the iron originally laid
down on the track became su much
worn as to be unsafe, and it. was ne
cessary to procure and lay new iron
in its place. The cost o! this was also
properly chargeable to repairs and not
to original c natructiorf. If a Depot
building was sufficient when the Road
was complete la accommodate all who
had business, at the place, but when af
terwards, on account of the decay «*f ih
structure, or increase oif business, at the,
location, was found to be insufficient,and
it became necessary to build a new one,
its cost could not justly be chargeable
to original construction.
original construction.
Without multiplying instances of this
kind, I conclude that as ?o?.n as the Le
gislature Imd appropriate^ a sufficient
sum to complete tiie road, and to place
upon it the superstructure and machine
ry necessary to the transaction of the
business offered I y tlm country to ih-
Road, the original cottstrdction account commeiieeineni nf tho struggle to herd
was at an end and that all such enlarge
i<wqpi | 4i , fyrtHiinxt itrjw$i—ji$j»Sc
bridges, ~'~''lFj#>fi|it|ili|liWiiiiii|ffi
pairs of track,JlfC,.as were afterwards
portatiMi
ac-
mg tip tlie Ro;
buildiit* and
not to expense of
building and putting it into operation
I Had tbc Road remained unpibductive tc
| ihxjiaipisf^^itljvsqraMMr <11,a tdM
unt of bad crops, caMialti,
flood.
Georgia Military Institute.
It is to be regretted ih.U the Georgia
Military Institute at Marietta has not
been as prosperous tho last year as its
friends had anticipated. This may-lie
the result chit fly of our defective legis
lation for its government. As at present
organized, it is under the control and
management of a Superinteudunt, a
Board of Trustees and a Board ofVisi-
tsrs, whose powers, respectively, are
not well defined. In this conflict of
jurisdiction, that decision and dicpatch
is wanting which is ah-olutely necessa
ry in maintaining government in the In
stitute. Tho consequence has been that
tlie number of Cadets has greatly dimin
ished', aud Ihe character ofthe Institute
has suffered in public estimation.
At She end ofthe last-terra. Col. A.
V. Brumby, the late able Superinten
dent. and Capt. McConuell, late com
mandant, resigned their respective of
fices; and Maj. W. F. Capers, who has
for a number of years held a -imilar po
sition in our sister State of South Caio-
lina, lias been elected Superintendent,
and Capt. W. J. McGill, of Charleston
has been elected Commandant. These
gentlemen have both accepted, and are
now at their respective posts, giving, as
far as I can learn, general satisfaction
It is to be hoped that with the necessa
ry legislation for the government of the
Institute, they may soon be able to re
store it to public confidence and raise it
to a high stale of prosperity. Maj. Ca
pers yielded reluctantly to the call ofthe
authorities of the Institute, ai d only up
on the gurantec given by the joint Board
of Trustees and Visitors that his selary
should be made secure. The positiou
which he resigned in Charleston, was
commutation tax be assessed and collect
j ed, from each person of twenty-one
years of age or upwards, who is subject
to do military duty in the' Stale, and
who is not a member of ail organized
volunteer corps which drilled at least
once a month throughout the year, pre
ceding the collection of the tax. This
tax should be large enough to raise a
sum sufficient to arm the entire Volun
teer force of the State, with the latest
and most approved style of arms. As
soon as a sufficient sum shall be collect
ed in ibis way, I recommend, as a means
of procuring the contemplated arms,
t(iat it be expended in the erection, at
some suitable location in the State, of n
Sttys: Foundry for the manufacture of
arms and other munitions of war. This
would make the State much more inde
pendent in case of emergency. The
God of Nature has supplied us, in rich
profu-ion, with ull the materials neces
sary to the accomplishment of this pur
pose.
If ample provision were made for arm
ing our volunteers, tlu-y would exhibit
much military pride; and the young
gentlemen educated at our State Mili a-
ry Institute, would, in all probability,
he elected to the command of many of
the companies, who would bring into
practical operation,.in training our mili
tia, the science and skill which they
have acquired at the Institute. In case
of war, we could then bring into the
field a large force of well trained volun
teer.-, commanded by officers of thorough
military education, who would, in ‘al
most every case, he natives of our soil
Our untrained militia if called into she
field; with such a force arid such officers
at their Trend, would at once become in-
purl completed afterwards,
received information of . tliti ^superstructure, rolling ■'sto
unless he furnished the information.
i.-ted in 113 court-1 franchises, and
aiiiing T9 counties character helot
ed, arid. I was
ve since cau
In
ith the right tp
sixty or ninety
whenever the
promptly pay an
paying him as large a salary as he 4a
promised in this] State, and it was there,
secured by tho Stale. 1 therefore rc.-,
commend that the sum of $2,500, lie ap
propriated to pny tin salary ofthe Sur-
perintendent. and that this be an annual
appropriation for that purpose till the
incomes of the Institute become suffi
cient to defray all its expenses and pay
the salaries of all its professors.
By a joint resolution ofthe last Gen
eral Assembly the Governor in connec
tion with the Board of Trustees was au
thorized and empowered, (should they
deem it necessary for the welfare of the
Institution.) to employ an additional
Professor for tlie Same. By virtue ol
this authority they engaged tlie services
of the Rev. John W. Baker; hut on ac
count of the reduction of t(ie number of
Cadets occurring soon after his appoint
ment, and the consequent diminution of
the incomes of the institute, he has hot
received his sale-y. '■ As he was employ.-
ed by authority of tiie Legislature, good
faith requires that a sufficient sum topay
his salary, for the time he has served be
appiepriated.
A t their last joint meeting, the Board of
Trustees and the'Board of Visitors, after
much deliberation agreed, upon a bill to
be laid before the Legislature, propo
sing such' changes in the law for tha
future government ofthe Institute as ex
perience has shown to be necessary.—
Among other things it is proposed to
abolislt both the old Boards, and to sub
stitute in their place, a single Board to
be charged with the entire government
ofthe Institute with, and make it part
of the Military oaganization of the State,
and to give the Commander-in-Chief.
the same control over its officers which
he lias over other Military officers of the
Stale. This it is believed, will secure
more strict military government, which
is considered indispensably necessary to
the success and usefulness of the Insti
tute. I therefore respectfully receomend
the pas-age of the Bill proposed by the
joint Boards.
Military System-r-Volunteer, Corps. .
For the purpose of givifig new life and
tnef-j t»«ur miiitatjr tjstenl, wiifoh Ts
now almost entirely neglected, the ith-
portance of affording to n portion of, the
youth of our State a thorough militaty
education, cannot be too highly appre
ciated. The people of many of ihe States
of this Union are falling behind most of
the civilized nations of the earth in mili
tary training. Within the last twenty
years the more powerful nations of Eu
rope have probably advanced more in
military science and skill; and in nil tho
arts of war. than they had during any
previous century. It is believed that no
one will doubt the correctness of this re
mark who has observed attentively the.
late struggles between the contending
powers in the Crimea and in Italy
There is not a more brave and patri
otic pro; le on ear'll than those of the
United. Snugs ; and there is probably no
tia*ion whose militia is so reliable on
the field of battle, yet in this day of con
stant advancement in military science,
those who depend alone upon patriotism
and valor enter the field, e\£n in their
own defe'tfM>. under great disadvantage.
Should our country Im invaded by any
of the great power* of the other hemis
phere, our people would be found at the
with much of the military skill of th
volunteers, and would constitute with
.them an invincible armv.
Codification of the Laws.
Provision was made by the General
Assembly for the codification of the laws
of this8iate. and Hon. II. V. Johnson,
Iverson L. Harri-', and David Irwin,
were elected commissioners to perform
that important service. The two form
er declined to acc»pt the appoint me at.
Tim statute provides Ihat any vacancy
which may rr-cur among the commission
er?, shall be fi!|ed by the next General
Assembly To prevent a failure of the
commission,.and the defeat of the object
had in view by the Legislature, I pro
ceeded at oace, in accordance with the
power vested iu me by tlie constitution,
to fill said vacancies, (ill the next session
ofthe General Assembly, by the ap
pointment of Hon. T. R. R. Cobb and
Uoii. Richard H. Glarke. These gen
tlemen accepted the appointment, and,
in 'connection with Judge Irwin, have
been prosecuting the work hitherto with
great energy.
It is not doubted that this work, when
completed, will contribute much to sys
tematize and simplify our laws which
will enable the people much more readi
ly to comprehend their true meaning.—
The time allowed flu- commissioners by
the statute within which to finish the en
tire work, is only twenty months. I
tliiiik it hardly possible for them to com
plete the work within that period, with
that care and accuracy which are Indis
pensable to ils contemplated usefulness.
I wouid, therefore, recommend uu ex
tension of’tlio time to two years, and
that tlie compensation allowed each com
missioner tie fixed at three thousand -dol
lars per annum, while engaged in the
work.
As it will Improper that a very plain
and legible copy of the ent ire code, as fi
nally agreed upon by life commissioners,
should be prepared in manuscript, to Le
laid before each (louse of the General
Assembly, and if adopted by them, that
Rmst destitute of military training. Gu-
til this deficiency could be supplied, they
might he unable to contend with (he
disciplined! troops of a regular army;
without great loss of life and much «let-
'riment to our national ebameter.
in the
old thir
teen, in whirl, military training is more
’ “ * thnd in our own. We know
among the counties, .with the laws auo
not how soon We may be brought to tlie j«urreajd of the present session,
irfaddfeiwlinc^ fttMfe* * r, “ fc — lr - K, “
t the assaults cf foreign ambition
" attacks
fused with the military spirit; and soon
retary of tho State, as an entire Act, it
Wfia »o«i« apenewthut the
commissioners have n clerk to do this
clerical labor, I therefore appointed B.
B. dcGruffeureid, E-q.. of this city, who
is eminently qualified, as clerk to the
commissioners. 1 recommend that such
sum be appropriated to him, annually,
while engaged in that capacity, as wilt,
amply compensate him for bis services.
I will also suggest the propriety of ap
propriating to each of the Commission
ers such portion of Ids salary as may be
reasonable, to be paid at such tinu s,while
engaged •« the work, ns the General
Assembly shall designate.
Cobb’s Statutes iu d Forms.
p-By a joint resolution of ihe last Gen
eral Assembly,it was made tny duty.to
appoint three Commissioners to examine
the manuscript ofthe propo.-cd n> w work
of Hon, Howell Cobb, of Houston,
which is an eulargmeiit and improve
ment of his Analysis and Korms; and in
the event of a favorable report by the
Commissioners, it was also made my du
ty to subscribe for such number of co
pies for the State as should, in my judge
ment,'bemecessary. On receiving from
tha Cotnmi.-sioners ;a very favorable re
port of tho work, I subscribed, in be
half of the State, for 3,000 copies, ;nt
five dollars per copy. For the purpose
offaciliaiing the early completion and
distribution of the work among the coun
ties, I advanced to Col. Cobb in accotd
ance with the spirit of the resolution,
$3,000, from the contingent fund, in pari
payment. The I moles have been receiv
ed at the Library ; and as many of them
a* nray ; be necessary will bu distributed
of ^defending ourselves The work isably and faitfully execut-
»ults«f foreign ambition, ed. and does much credit to its distin-
mumwm. juished 'author It is expected that the
remaining $12,000. due on the State’s
t-ubscription, will be appr priated at
sent session.
Weiyhts and Measures. * tttt ;
An appiopriation of 10,000 was made
at the last session,'for 'he pttrpnseof sup
'lyiti^ aft the counties not then supplied
ith standard weights and measures.
Sootf after the close'of the session, 1
mused circulars to be addressed to t
Legislature.
These weights and measures -are of
a very* superior quality, and it was no
doubted that they are entirely accurate.
They were martufaciured by John W
Ivtssam, of New York, under the super
vision of Col. .John T., Smith, of that
city, who was fot merly * Secretary in
this Department.
Census of 1860.
In accordance with the requirements
ofthe Constitution, the last Legislature
made provision for taking the Slate Cen
sus (hie year, which lias been done ; and
it will become your duty to make the
septennial apportionment of members
among the respective counties, in pro
portion to their respective* population.
- , Library
For several years past, an annual ap
propriation has been inado, of $1,000.
to increase tbe State Library. It should
be the pride of Georgia to supply herself
with a library as extensive and valuable
us that possessed by any other Stale in
the Union ; and I trust her Representa
tives will continue to provide for its an
nual increase.
The Library is at present kept in one
of the rooms of the Capitol, which is
entirely too small for the purpose. Many
valuable books and document?, for Want
of room in the Libtmy, are now kept
in the basement room ofthe State House,
where, on account of the dampness of
the rooms, they are much injured
therefore recommend that an appropria
tion of 810,000, or such other sum as
may be necessary, be made, to build a
fire-proof brick building on the public
ground east of the Slate House, to be
used for the purpose of a Library,
Miwralogical and Geological Survey.
In the event of a future mineralogi-
cal and geological survey of tbe State,
one of the rooms in the proposed new-
building might be used as a Cabinet for
the deposit of valuable specimens of
ores, fossils, &c. 1 do not doubt that
such a survey would bring to light im-
Again, I deny that any Cow
right to complain that iiiju.ri. l J hi
done it by the State, el,,.,,],] „i' “*'« i„
encourage the building ,* «*£££*»»
interest of her people
different
or principal due : on said bonds. And
should any portion ofthe State's liability
remain unextinguished, after the sale of
the risd, I propose that the whole defi
ciency, -whatever may. be the amount,, require,.erbiclt'dn not
be divided among thesolvent stock hold- tbe chartered right* u
era, in proportion 'ti the number of *!”»'contain
shares owned by each, and that the ' Wl
Comptroller General, under an order
From the Governor issue execution im
mediately against each, for Ins propor
tion of the deficiency, to be levied and
mense wealth, which is now buried in
the bosotx of uur State. I therefore re
new the recommendation made in my
message to the last Legislature, that pro
vision be made by the State for such
survey,
Boundary Line between Georgia and
Florida.
1 am informed that the last Legisla
ture of Florida agreed to the propositions
contained in the joint resolutions passed
by the LegiTature of this State at its
session of 1857, for the settlement of the
boundary line between these States, up
on the basis agreed upon by the late
Executives ofthe two States. The Go
vernor of Florida, being desirous that
the line between the terminal points
which have been agreed upon be re-sur
veyed, as contemplated by the joint re
solution ofthe Legislatures of the two
States, has appointed B. F. Whitner.
Esq , as Surveyor on the part of Flot
illa ; and I have appointed Prof. Orr, of
Emory College, as Surveyor on the part
of Georgia, who will proceed soon to run
the line, und thus terminate, I trust, all
further tnisundcistmtd'mg between the
two Slates, iu reference to this vexed
question.
I recommend the passage of an Act
authorizing the Governor, so soon us
the survey is completed, to draw his war
rant upon the Treasury for such sum as
wilt compensate Pi of. Orf! fur his ser
vices • - '■ • -
Atlantic and Gulf Railroad.
In May last, I visited the Atlantic «&
Gulf Railroad, and I inku great pleas
are in saying, that I consider it an ex
cellent road, so for as it is completed,
reflecting great credit upon the able en
ergetic and efficient officers who have
had the work in charge, and upon the
trustworthy and intelligent board of di
rectors who hate the supervision and di
rection of its affairs. While the work
seems to have been faithfully doue, ray
n copy be filed in the office of the Sec- opinion is that those having the control
have permitted no wasteful or extrava
gant expenditure .of the StataV
Iu common with the citizens of Geor
gia, I deeply regret the death of Dr.
James P. Screven, the late able and
untiring President of this Road. It is
said, that in his exlraordiuary efforts to
push forward to its completion this great
thoroughfare, which is to give new life
and energy to a large and very interest
ing seetutn of our State, he contracted
the disease which terminated hi* valua
ble life. .The work, when completed,
will stand us a welt deserved monument
to his memory. The Board of Directors,
since the date of tny last message having
certified to.-me, ns the statute requires,
that the stcond, third and fourth instal
ments, of
have been
holders, on their stib?cripiion,l have, in
each case, issued fifty thousand dollars
of the State’s bonds, as the statute di
rects, and delivered them to the com pa
rty, ht par, as the Stale's instalments due
-upon her stock. The whole amount
of bonds issued to this time, on account
of the road, fo $250,00$, lor, which the
State bolds that amount of stock in the
company. The Directois having lately
notified me that tbe fifth instalment of
. $60,000 has been lately paid in by the
private stockholders, 1 have prepared
$50,000 more of the bonds, which are
now ready for delivery, and will be de
mainled in a lew days.
Slate Aid.
it* In my annual message to the last Le
gislature, I gave it at! my opinion that it
would be good (folicy for tbe State to
lend her credit to aid in Ihe construction
of such other railroads ns may be nec-
umury Strife\ ti^ami^rfMfcfcigietnent of
which the defendant resides, or
any ‘cdrmtjr'in which he may have
property. This would, iu k>£ opinion,
make the State amply secure... Indeed,
it is not probable that she would ever
have to call upon the stock holders to
make up a deficiency, after the sale of
a road; as it is nor reasonable to suppose
that any company of sensible men, sim-.
ply beenu-e the State would agree loin-
dorse their Oonds'under the very bind
ing restrictions above proposed, for a
sum sufficient to purchase the forger’
part of the iron, would ever invest their
capital in grading nntl building a road
which wnuld be of so little value, when
completed, that the whole road, and all
its'iippurenauci s, including the iron up
on the entire track, and nil the rolling
stock, would not bring; if *dd, a sum
sufficient to pay for only the pati ofi'he
iron for the price of which the State
would be liable.
Capitalists do n»t usually invest tli-ir
money where they not only expect no
dividends or incomes, but the loss of the
principal with an ultimate .liability to
future additional loss; consequently it is
not reasonable to suppose that the stock
holders in any company under the pro
posed plan, would Undertake to build a
road and receive tho State’s aid by the
endorsement of their bonds, unless they
were satisfied that the road was a put-lie
necessity and that the stock, after the
road should be completed, would pay
reasonable dividends.
Tlie law if passed should be a gener
al one, giving to every company in the
Slate, engaged in the construction' of a
luiirond,the same aid, subject to the same
liability. It may be objected that the
terms upon which it is proposed to grant
the aitl are so onerous that no prudent
company would avail themselves of its
benefits, & that no encouragement would
be given by tlmproposed plan to the de
velopment of tlie resources of the State;
and it may be asked, what are tbe advnn
tages of State aid under this plan? -T
mr-om. s the'
by the Compaq J n! «
ld ,l, ° sh, PP«
r <n<|,
I V U "' v 'noau., ■
l,u «■? •wfcraJBT'l
I he rMp&if! V* e.w.iimn at „*IjHj
-hall lie Imilt within a cert a ;«
mile* >»f the read ..f the cm.J,,
th* guaranty fa giv n ; t ‘ “ wj
Itn ii«?tnn. «. The** corpornt,,*. , L
Hie charter is a contract ! Jetw
•.contract, and «*«*]*, it s lf i
titer hpw it* ««rch e
StatJ
bo tn iitber intcrerts in lift of®"'
should therefore be cinteci wiiJ, ,if •*' "
and should not be heard to ,
Ike State-exercise* rights " !
when she granted to thent th,:,
The State, ui the sa* e al,„v e sunn,
instiiuec, when she granted ih« it 1 a
»“*•«? foe eonjpauy «a excltwivt
a atrip of her territory f, jrlv JjPl.p,
With this guaranty ihev were
c-tqed the charter, invested their*, N! '
built tlie re-id. Tire interest of , ^*7™
her of persons outside of the lindts. P*
the plurality pnduhtv atterw^S 1
that they h&vea rw«l; lhe'8t«#^'1S
u* constrnon n ano u j,
justice is lions to the fiAt»coinnM.
have they be-n deceived | n'evh ’ ^
full measure of tfififr rights, and
fit of what they insist upon a* th ei ,' >
It is true, they may not h- te "''Bt
monopoly nt they de-irei but thov’^^i
they contraeieil for. while am.thw w -
the State IS developed, ami tl.e
the benefits of low freights r»fu’*i,A' s a
competition. b
The State has taken stock i u t»„ ..
companies. I oppose this policy „„J, a
dunk stie should be a partner wi ( |, i. ‘'"J
zen» in such an enterpr.se. My npil*
tnat sW shoiiM not have interest j,,. ^
pert ; over which she has not the
irol. By eiich rsing the bonds J
pany wit), ampi. seen.ity. ,h« SB
herself with none of its private man'
or- sifiaira.
thi? it may be replied, th.it tlie company.
filing in that case to incur the liability
and proceed with the work. Should it,
however cost $1,000,000 to build the;
same Road, iC could then pay in divi
dends (rom the' same amount of busi-
r~r'Vr U :m , U ,nS T buUiule over half.,f.eight percent
.f sixty thousand dollats each, and in that cate, they would reluse li,
8toc ^' iucur the liability or to proceed with the
work. Consequently the r.iad would not
be built;the resources of the section
would not be developed; tlie price of
lands would not -be raised, and the
amount of fox paid into the Treasury
would pot be increased. Hence l con
clude that it will be a wise policy on the TJ
part of foe State to grant the aid upon '
these terms,'that no prudent eompany
wilt receive it until the stockholders are
satisfied ihat the Road will pay when
completed, and that tlie aid will be very
her vast resources, pro tided she be made
-perfectly secure-, beyond doubt, against
ultimate lues. I still entertain the saute
fa***** > lending her. aid to the
struetion of a road, I poly propose
pany, after a reasonable
the road is first compie
i_i,. - i r. : scliuid purpos. s may not b* ilCrt
valuable to a company engagednn build- lP HlDOAoAexclusiveof the
ing such a road. ] ofd fand, an
It sometimes said that in justice to
the ,'mfiroqj companies already in exis
tence,tke state should not aid nor eiicour
mu mm Cm
may come in competition with those how
iie I desire to
b«iWin s of ...her wl,„U
coinc m competition with those now it i , a
compel
in operation. Some
see them
to dq-ortt Ihfc Selin..! fuiui.
fund? in tlie Tf«»?urv with «av "I 1
see tlieir dividends reduced buJow :t j
where the slock would bn reason
profitable, no matter-Itow ^much otlie'r ,, , -
flute^ufight be thereby promoted. I
tb* January lotto, to depo-d 1
the same an unwilling that such sections of
State ns are without * rath osds vfhebhl.
iHiftri’f T * tiiriferiyfiintmrfefef i.gJBmi!ii
' ' * We
til.: coin- that the large incomes of smnu of
—ion * " ' ‘ ‘ - -
Banks anti Bank ',eg
By the second section of the Act
December 1817 usually knuwa aj
Act. it is ennered tKat ‘•when nnv j*
biuik* i.ow incorporated or wliieh
after be incorporated iu tide Siaie' J
refuse or fail to pay specie fur # nv ofi LS
uu'es or drafts, or other wiitihg f,. r J
they may bo,bound, when demandedhj
iud.vi'hi.ils, fh ill be liable to suitthwL
any ofthe Courts ..fthe lawoi eqqitjVd
State/Tind such indivi.hial or indiviLo
addition to the principal «f said note,
the lawful interest tiiereon. shall rrcrir,*
per cent, damage* f»r such refusal orb:,
upon the amount bo refused or Tailed t,'
redeemed in specie; and it ehnll
of dl juries, in such cases, to find nvtr.
iu favor of lira, phumilf ugrJusUuch Ut;.
bank*, for tho principal, interest anj 1
age"-” 4F.
Kor the purpose of protecting the
Of lhq State ns far a* pussiiile ag,i,"
ol'Bivuk suspension* in tutare.undoln.,
ing the banks from such reck!e«sandfs“-
gaht speculation nnd over issues w «J
Send to suspension. I recommend 4;*,
above recited law he s» clumged as
it the duty of the jury, in every eccH 1
os that mentioned in'th* statute, to fi,oi
the plaintiff the principal auo intere.i.
upon each batik note, or ntiier oHinu
which the bank has refused to rtdta
specie or. demand, with twenty fivq„r u
damages ; the intcre-t to lie cdmpuVfJS
the time of iho refusal to reJecm die k
in specie when presented ; ana tbit
plaintiff be rntfflwto judgment at fa
term of the Court.
with the State’s enilori-ement upon its
bonds, can sell them at par in the mark
et, and thereby save itself from the ruin-
ous loss which it would have to bear,
should it be compelb d by its necessities,
as such companies often are, to expose
its bonds in the market,, without such
endorsement, for the purpose of raising
money to complete its road. Many com
panies which ate now doing a prosperous
business, while constructing their reads
were compelled to sell their bonds at 60
cents in the dollar, to raise money with
which to complete them. Had the bonds
of any such company had the proposed
endorsement, they would have command
ed par in the market, and thus over one-
thud of the cost of construction would
have been saved to the company. As an
illustration, suppose it will cost 8000.
000 to build a road between two given
points, and the road, if huilt, would be
of much public utility, and do much to
develope the resources of an interesting
section ofthe State, and a solvent com-
panyjjwitbour the cash at present, under
takes to build it upou credit by the sale
of iu bonds, ns such roads are often built,
the bonds must be offered in the mar
ket, and will bring only sixty cents in
the dollar. It will cost 81,000,000 of
bonds to raise the 3600,009 iff casli.>—
When due, these bonds must be redeem
ed by die company ut par. 11 will,there
fore, cost the company 84,000.000 to
build the road. Hut, suppose the State
indorses the bonds; they will then bfing
par; anti $600,000 of lionds will bring
$600,000 iu cash. The cotsmany ihi^ re ' ; - u j ,oa ^l* rr ^*P re>6n,aliv ‘' s
that case, would have but *600,000 as'willrany it
bonds, to redeem; consequently it would
cost them only $690,000 to build the
road. • The Slate’s endorsement would,
therefore, bo worth $400,000 to the co.
The State would remain perfectly se
cure, and have her resources greatly de
veloped, nnd the lands of her citizens ,u
the vicinity of tie road much enhanced
in value, which would increase not only
tire aggregate wealth of the people, but
the amount of taxes due the State.
Without the endorsement ofthe State
the Road would not probably be built.
Before the company wutdd undertake to
build if, the Stockholders, as prudent
men, would calculate the per cent, it
would pay in dividends after its comple
tion; and-they might be satisfied that it
would pay eight per cent upon the cost
if it could be built for S600.0O0, and be
I also'recommend that jtlie penal colt.
tliis State be su oliringed as to devhniht
future suspension of specie iwyineni.lv a
bank in tin* State, shall he adjudged uc*
elusive evidence of fraud on the part pfu
l*re>i. lent, and directors of such hint;«
that the. same lie declared to he > fit
misdemeanor, and punished liv confirm
and hard labor in the Penitentiary "f j
Stale, for a term not less than five.**at
than ten years; and that the GrandJm;
of each c.->unty iu this State, iu wlndrt'WI
is located, shall, at the opening of each led
of the Court, iu addition to flic owl p|
scribed by law, further swear that ilejia
diligently inqure.and true presenlninitmtil
of ull cases,of baiik suspension which hi
occurred in tli« county since tho last less
the Court; anil iu case any Graiiddury
present a,i*y bank as having suspended',
payment, licit it shall l^e the duty ii
Solicitor General forthwith tc make oaf
<4 indkfoient agaiust the Piedicat
Directors of such bank. In lay iu<re!„i
the hist fo-gDlntiire, f expressed Ilw«p
that in view of all llie iinpcrfectirns
alius^s of our present' lorn king sysMa,
should do all In our power to bringthof
complete refohuation ; and if this 1»
possible, that we should abandon it ent
C crinsider that the people* of Ge..rgis
eu-iurted this opinion; and I resptd
" ” ' the e
"Si
■ ^ in *p
cal effect. The liability of the bank oS
should be made So stringent as lodetcrti
iu future from trifling with the rights i
people, for the purpose of .advancing
own interest and their own speculation.
, Education.
The last Legislature by its liberal
meuts and eutightened
upu i
Ike i
t d
jvet of Goiomon Sciio*.l Hducati"n,n«t|
rendered the State a most valuable ?l
arul entitled itself to the thanks of the* 1
people, but sti ait example of lilwstil*
favor of education which challenges lH
probation and d'serves the imtuUeu I
successors. It is true. the common
c.ystera adopted was n..t perfect, n»r»'
to have been expected. So great s
must he progre*#ivc, and a succesdonof *>•!
enactuieota, guided by the lipht <>f experiesa
can alone.pcrfect it. But the last W*
lure did' take n most important stepw®
right direction. It laid broad an(ld«*jJT
foundations of a system upon which. »*|
successors arie equally wise.a most «*®J|
and perfect structnrc in nil iu insJWjy
.ml symmetrical proportions, will
rearetl. - -
In addition to tho anm lim et-fnc * I
pi opriatedand distributed aiinii :Oy fcr «*’.
lion, it made an annual upprojrri* 11 '*
SIOU.OOO. to tie paid out of tlie net
jof th« .Western anil Atianliii ^1
provided that ; U»* scliool f«'"l
further increased, cnmially, a*
public debt Is decreased; anil t»"
interest heretofore paid t . tin- States cur
tors, shall in future as fist as
lie added to fit* rehoul fond, and
for eiliicational purpose*. '
This 100.600 appr opriation wsftnaJe
the supposition that the net .incomes
Stats toad-would tiot exceed
auntinr Aa before stated, Its l'"* 11 ,
vl uring it* last fiscal Vear paid
suiy of the State f402 < 00, clear ofth'" 1
sary expense* and repairs. .• |
L* imnting the future income* fr0 ” -J
Road at.a like sum per iinnom. 1 '«* » 1
reason why the annual appr 1 !"*';"' I
. and the interest, on the *
urftto be> issued (hr elucatiousl p", r P"
thi* State debt is paid. I eurnc* 1 . v
mead,this increase of 45<l,000 K* (
the animal nppropriniion. U
will be nearly 820d,000.
Mepoeit with Bank
o/Sanasi**-
,aml would pot wish U> Tim sXol Aet of i«st y«r »« l1
«f ,Afia«lSta. ■:'t r .®av;iun«h.
ill?' 1
the |
*si» ,k U
J an nary
,<t0u with the Bank of H
it* .ffoigaiioii
im the amount, nt tho rate <d ?
iWirum, tilt 'the third AJ'mdaV