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y T J ll V, £ ? P A Y M ° R N INC,
Ttl , UV JAVIKS VAN NKSS,
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Vevklv Aovkrtisem”ests.—For over 24 and
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All r j e an 1 ti ‘ure work double the above prices.
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in orniii g and four in llie evening—'hose of find in
the county where it is situate; rrose of persona!
property, where the letters testamentary, of adiuinl
Htraii hi or of g i irdia.n pp were oh'ained—and are
re | me! to !i; nreviously advertised in some public
gazette, as follows;
S tSittt'Fs’ Sales uu ler regular executions for tliir—
tvdivs; unler mortgage ti fas sixty days, before
the dav of sale.
S vles of land and negroes, by Executor*, Adminis
trators or Gjordians, for sixty days before the day
o! sale.
Sales of personal property (except Negroes) forty
days.
Ct r.t rioxs by Clerks of the Courts ol Ordinary, upon
ao oltc itiort f >r letters of administration, must be pub
lished foi thirty days.
I<| r i rtoxi upon apolication for dismissjon. by Exec
utors, A I.illustrators or Guardians monthly for six
in mttff. 3
Orders of Courts ofOrdinary, (accompanied with a
cojiv of the bund or agreement) to make titles to
lan 1. must be published three months.
N iticks by Executors, Administrators or Guardians,
of application to the Court of Ordinary for leave to
sell the land or negroes of an estate, fnttr months.
Notices by Executors or Administrators. to the
debtors and creditors of an estate, for six weeks.
Sheriffs’, Clerks ofCourt &c. will be allowed the
usual Induction.
O’ Letters on business, must be post paid, to
entitle them to attention.
G() V ERN O R’S M ESS AGE.
At twelve o’clock on Wednesday, his Ex
cellency Gov. McDonald transmitted the fol
lowing message to both branches of the Gen
eral Assembly :
Executive Department, Mil edjjeville,
Novi tuber 2, 1841
Fellow citizens of the Senate and
House of Refiresentalivees :
Os all the subjects entit led to your consid
eration during your present session, the still
deranged state of the currency presents the
most delicate and embarrassing. It. is an evil
that cannot be corrected in a day; and it is
less in your power to remove existing difficul
ties, than to prevent their recurrence by wise
and wholesome legislation. What is the
proper remedy for tlie mischief, has been a
question of absorbing interest to the whole
nation. A great diversity of opinion exists in
relation to it our most distinguished
and enlightened statesmen. Some regard a
National Bank as the only means of relief.—
Its advocates allege that its notes, when un- j
depreciated, are of almost universal and uni j
form credit throughout the whole Union ; and, !
that based upon national credit, it commands a j
• confidence hut, little short of lint of the people I
in the Government Experience, however, has |
proved that such an institution i* not. entitled :
to so large a share of the public faith, and j
that it is liable to the same casualties of other ;
banks, with this additional and condemning j
‘disadvantage, that when misfortunes tiefal it, !
’the people are subjected to a double taxation. !
first, in the dt’precia ion of its notes, and sec
'otidly, to duties and imposts for its relief.
It cannot be expected that men of morals
‘anti capacity superior to those who are found
to manage local institutions, are to be obtained
to administer its affairs. Those who con- |
Vlnet it will will he liable to the same inliuen
i'.es; will extend credits in times of high
prosperity t contract had debts, misjudging the
circumstances of applicants lor its favor;
f r speculation call in its debts in times of
general embarrassment, thereby adding to the
Mistresses of the unfortunate, and giving op
portunities, to a fAvored few to purchase, on
private account, property sold at ruinous sac
hfices; lend its funds to political men, who,
generally, of all others; are least apt to apply
them to wise purposes; and are no’ always re
markable for punctuality: and embark its
tdeaus in hazardous enterprises, regardless of
the interest of the Government anil its other
proprietors. This Is not all; it will enter the
iield of political contest, and assume the con
trol of the government, and* bringing the press
and public councils under its authority, it will i
acquire a power. Ultimately; that the nation i
cannot resist, and to which the people must j
submit—all the while abstracting from their I
pockets the moans of maintaining its unjust j
dominion over them. {
That these objections are well founded, is
fully established by the developements of the j
late Bank of the” United States, which has
just terminated a career of profligacy and cor- j
ruption without a precedent in the history ot
the country. This institution was originally j
Chartered by the Congress of the United ;
(States, and went into operation under the j
most favorable auspices. W ith a substantial j
capital df twenty-eight millions of dollars, it
commenced business, having the revenue ot
the nation to sustain it; and in the short pe
riod of eighteen months was driven to the
necessity of making curtailments which crip
pled the commerce ot the Union. At the ex
piration of twenty-seven months it was brought
to (he verge of failure, and was lorced to throvv
itself upon the pub ic treasury to rescue it
from ruin. The officers of some of its branch- j
es had abused the confidence of the govern-j
ment and stockholders, and abstracted its
means upon securities doubly pledged, trust- 1
for to the success ot wild speculations to
enable them to meet their engagements. A
change of administration was effected, and a ,
gentleman was placed at its head, who, after ;
bringing order out of chaos, resigned. Is
destinies were then committed to a man \\ no j
brought with him, it was supposed, every j
* qualification of character and ability to insure ;
us honest management, with profit to the pro-!
prietors and benefit to the nation. It was so j
conducted as to propitiate general confidence, j
and it acquired a reputation and influence j
which was almost irresistible by tlnsewhoj
deemed its establishment unwise and unwar- j
ranted bv the constitution. It had command of;
the public treasure, and was master of a credit |
winch enabled it to control tits monetary ope- j
rations of the country. Its affairs were all the
w h ie secret, and continued so until a ra} ol
jicriit was thrown upon them by the imperfect
investigation of a committee of Congress. It
was then discovered that its great prosperity
was restin'* on a dubious foundation dint the
in >~t influential presses in the country had
been subsidized by heavy loans ‘.hat mem
l>ers oi’ Congress, of commanding talents, had
li’e 1 feed, as professional men, to repiesent
j/ s ni prests in the courts of judicature—and
, , u to Others accommodations to enormous
.. ., l , j , rs had been conceded. If there was
i, lung unusual in this, it gave rise to strong
1S tint its purpose was to vvie.d its
„ M ,t:e II- ■ in.-, lev.ed in part by taxes on the
f, .o ,j ( - to nerp ;ru ite itself upon the country,
jj- to . ter ;,ra w.h ihe policy of the govern
“ } iar.-.s to I evidence, also, that the
r , )r t,v.;s of tie people were in danger
‘ tijbjecte l n* its dominion, and the
01 ‘ -‘“‘V;;. bv its power. From being
11 ti >1 v ri* 1 j -f .
a mere to the government it as
;UI,,! t., h- grower than the government
■ 1 > • Ivi‘ an-o.’ ili e was arrested by the
’ “ e,; ; , head of the nation,
te>
THE COLUMBUS TIMES.
VOLUMA'f]
who could neither be won by its smiles nor
terrified by its frowns. When it was found
that the limit fixed for its existence by the
act creating it could not be transcended, it
resorted to the expedient of invoking from a
j state a charter, by which it might escape the
j exposure of its condition, which must neces
] sarsly have taken place at the closing of its
,affairs —hoping, no doubt, under this shield to
[protect itself, until, by obtaining a grant from
| Congress, it could be restored to its former
i privileges and powers. It succeeded, in ob
taining a charter, and with the same stock
| holders, save the government, and the same
! assets, anew organization took place, under
! a cognomen admirably adapted to secure the
j confidence it acquired while it wielded the
! public funds. Every step it took, however,
exposed its decrep t condition. Its fraudulent
issue of the notes of the old Bank of the U.
| States, and when thwarted in this, its hurried
j resort to foreign loans, and its engagement in
cotton and other unjustifiable speculations,
■ made it manifest that all its operations were
the wild, indigested and misdirected efforts
of desperation. Finding as little favor with]
present as with the former administration of
t he general government, and being overwhelm
ed with difficulties, it was forced to yield to
circumstances, and a state of things was di
! vulged which covered its once distinguished
i managers with infamy, and disclosed to the
I stockholders that their entire interest had
j been sacrificed by those in whose honor and
integrity they had confided. The loss of this
institution cannot be less than twenty-five
millions of dollars. Its notes are at a heavy
discount, and it is not yet ascertained that
they can be redeemed, after appropriating the
whole stock and other assets to this object.
This is t he finale to the old Bank of the United
States. Had it continued to be the depository
of tiie public funds, it might longer have con
cealed its situation, and maintained its credit;
hut its actual Condition would have been no
better. Reasoning from the data afforded, it
may be concluded that its losses would have j
been still greater ; and it is clear that the !
revenue of the country must either have been
squandered cr used to relieve it from Its em- j
barrassments. With this experience before j
the country, how can it be pretended that it
is wise to establish such an institution to aid
in managing the financial concerns of the
government,- or to regulate the currency be
tween different sections of the Union? In
tiroes of prosperity, when exchanges are low,
it is not needed ; out when adversity comes,
it plunders and destroys, or is pressed and !
powerless, and in either case adds to the gen
eral calamity.
In order that a proper and practicable rem
edy may be provided for tiie diseases of the j
currency, it is necessary that their causes {
should oe thoroughly investigated. It is un-1
questionable that the almost indefinite muiti- j
plication ol banks lias Lada principal agency
in bringing about the state of things now so
much deplored. The facility with which these |
j institutions can manufacture what is intended j
I to be the representative of money, presents a
| s rung temptation to the cupidity of man to j
I embark in the enterprise of banking Without I
; capital. A charter is qsked for, and the plau- I
I sifiie ground is taken that additional banking
I capital is demanded by the commercial ne
cessities of th? city or town in which it is
proposed to establt-h the institution. It. is
grained ; and the incorporated gentlemen.; to
comply with tiie precautionary regulations of
the Legislature, borrow for a few days the
amount of specie required to be placed in the
vaults before operations can be commenced.
! The bank opens under these auspices, the
specie is returned to iis proper owner, and
the notes of the stockholders are substi
tuted tor it; and on this unsafe, fraudulent
and unsubstantial foundation, rest many of
these corporations. In such cases of unques
tionable imposition, it is clear that the Legis
lature has the power to abrogate the cahrter,
and it ought to be unhesitatingly exercised.
Banks are not created for the benefit of the
proprietors, further than to offer them a prof
itabie investment of actual capital. The object
of the Legislature is not to enable the capi
talist to make interest, hut to present before
him inducements to give activity to his money
for the benefit of the community—to bring
it into trade —to increase the facilities of
commerce, and enlarge the sources of general
prosperity. All efforts to evade and thwart
j these purposes should he made highly penal,
j and the corporate privileges of banks violating
! the letter or spirit of their organic law should
be abridged, or annulled, according to the
enormity of the offence. They are no more
j beyond the reach of legislation than natural
persons. Theic capacity for mischief is insep
arable from the power given them for good.
1 This is necessarily the case, and they should
he restrained by salutary laws from perverting
tins power to mischievous ends.
I If the position be correct, that banking priv
j ileges should be conferred on those alone who
have an actual surplus capital, not needed to
! be employed in any other way, might it not
be a wise regulation, that a loan made direct
ly or indirectly to a stockholder, should involve
! a* forfeiture of his stock, or of the charter?—
A loan to a stockholder is an abstraction of so;
much of the capital, for which his note is sub
stituted. Tiie argument that the note of a;
stockholder may be made as good as that of;
any other person, is delusive and fallacious.
It is true in fact, and therefore specious ; but
j when examined, proves to be unsound in prin
ciple. A charter is never granted to persons
i to enable them to issue.notes to lend to them
j selves : but that those who have money may j
‘associate and bring their means together to
; lend to others. A loan to one stockholder, it
i is known, may be as good as that to another,
I and each has an equal right. Loans may be
j made in this way, not only until the entire [
1 capital is absorbed, but, beyond this, to the
| amount of issues the hank is authorised to
j make. There is, in such cases, a strong
| temptation to wrong ; for the directors to ex
j tend mutual indulgences to each other; to
! refuse accommodations to all except the com
j puny, and when their indebtedness is greatest, 1
| to depreciate the currency, that they may pur
i chase it at enormous discounts, or receive it
j m payment for property sold at unreasonable
prices. The plan proposed, promises to be
j more effectual than any other that suggests
j itself to my mind, to protect tlie community
from this unjust and nefarious speculation.
Bv extirpating the system of banking upon
fictitious capital, the soundness of the curren
cy is most likely to be preserved ; stability
will be given to exchanges; the planter and
merchant protected from the devices of the j
speculator; and the labourer paid in funds not
liable to depreciation.
Asa means of obviating the causes which j
have led to the disorders of the currency, a 1
favorable change might be made in our bank
ing system. The Central Bank is the only j
institution which has diffused its accommoda
tions to the people of every occupation and
profession til oughout the State. This should
oe sustained by ail the means at the com
mand of the Legislature. But besides this:
institution, I am satisfied that the public in-’
terest would he promoted if there were but
a single bank, located at our principal seaport, i
with a capital adequate to all commercial pur- ]
poses, and, required to establish a branch at
each point at which banking facilities are
needed. The many advantages which this
would hate O', er the exiting system, must be
COLUMBUS, GEORGIA, THURSDAY MORNING, NOVEMBER 11, 1841.
manifest to all. Every section of Georgia
would have the same currency, riot liable to
loss by unjust exactions of unreasonable pre
miums on exchange, and of nearly uniform
value throughout the State. By establishing
! a substantial credit at home, it would acquire
confidence abroad, and enable those who wish
to use their funds in other States to dispose
of the notes at little or no sacrifice. There
would be hut littie probability that those who
embark in banking with the view of fabrica
ting money for their own use, could bring the
i institution under their control so as to execute
their purpose This should be effectually
provided against in tiie charter. That many
banks have charters as yet unexpired, may
give rise to some difficulty in carrying this
measure promptly into operation. If the act
of incorporal ion were immediately passed, pro
viding that no othei’ bank should be charter
ed, and that the charters of those in existence,
except that of the Central Bank, should nei
ther be renewed nor extended, it would attract,
the attention of capitalists and accumulate
strength as the other institutions expired. I
j submit these views to your consideration. It
is expected that they will encounter the op
position of many of the banks now in exist
ence, and the hostility of those towns and cit
ies ambitious of retaining a bank. But the
public interest alone should be consulted, and
the recommendation is made under the firm
conviction t hat it will be promoted by it.
O.t the first day of January I issued iny
proclamation requiring the several banks in
this State, their branches or agencies, on and
after the first day of February thereafter, to
redeem their liabilities with specie, in conform
ity to the provisions of an act of the last Gen
eral Assembly. Some of the banks complied
with tiie requisition, and still continue to pay
specie ; others resumed for a time, but were
forced, from the heavy demands made upon
them, to suspend; while there were others
which, from an inability to meet their engage
ments, or other cause, made no effort to con
form to the law.
It was made the duty of the Executive, to
order judicial proceedings against any bank
for the lorfeiture of its charter, upon due proof
of its failure to redeem its liabilities with spe
cie. Informations having been lodged in prop
er form against the Georgia Rail Road and
Banking Company, the Bank of Columbus,
the Planters and Mechanics’ Bank of Colum
bus, and the Chattahoochee Rail Road and
Banking Company, sustained by due proof of
their failure to comply with the provisions of
the statute, judicial proceeedirigs have been
ordered against them, and able counsel have
been employed to aid m the prosecution of the
respective cases, for such compensation as
this Legislature shall prescribe.
The interest that the State holds in the
Bank of Darien requires that I should invite
your special attention to its condition. I trans
mit to you copies of communications made to
this department by C. H. Hopkins, Esq., one
ot the State Directors, in relation to some of
j its transactions, and of my replies to him, and
! a correspondonce with the bank. 1 also sub
j sail to you the copy of a contract —the same
j referred to in the letter of the President—
j made w ith the New York Banking Company,
through its presiding officer. This is a docu
ment of extraordinary character. While the
bank places in the custody of the opposite
party, a large amount of its own and other
notes; to be forfeited and sold on a noncom
pliance with its part of the contract, (if that
can he called a contract which is without mu
tuality,) the other party binds itself to the
performance of no act, nor does it extend to
the bank any power or privilege that it did
not possess independent of the instrument.
If there was any collateral, verbal understand
ing, it was without obligation, and rested with
the option of the party to execute it or not.
This matter requires investigation. The Cen
tra! Bank, in the year eighteen hundred and
thirty-nine, received a large amount of the
notes o f the Bank of Darien, a part of which
is still on hand. This, with the stock owned
by the State, and the obligation to protect the
community from loss, constitute a sufficient
consideration to induce you to look thorough
ly into its affairs. If there be doubt on gen
eral principles of the constitutional power of
the Legislature to exert a controlling author
ity over banks, the right reserved in the six
teenth section of the act of incorporation of
this ins’.itution relieves the matter of all dif
ficulty. I would recommend that its assets
of all descriptions be transferred to the Cen
tral Bank, under such regulations as will
guarantee to its debtors the greatest possible
indulgence, consistent with the rights of its
creditors and the interest of the State.
The Central Bank, an institution which
has afforded more actual accommodation
than any other to the people at large, and
j has suffered fewer losses, and of less amount
j in proportion to its capital and the length of
! time ic has been in operation, requires the aid
iof your sustaining efforts. It has for a series
of years been taxed with the support of the
Government and heavy Legislative appropri
; ations. Its power to do good has been almost
destroyed by continual encroachments upon its
capital stock,but at no time leave greater rava
ges been committed upon it than those suffer
ed during the political year just ended, from
the acts of the last hud previous Legislatures.
The sum of four hundred and eighty-nine
thousand three hundred and ninety seven dol
; lars and two cents has been paid upon requi
sitions of the last General Assembly; and
about the sum of one hundred and thirty-two
thousand five hundred and twenty-seven dol
i lars under previous laws. But I am happy
to say that it has discharged its debt to the
Plimiiix Bank of New-York, amounting to
two hundred and sixty-three thousand dollars,
which by the act authorising the loan, it was
required to do, and to charge the same to the
capital stock. Os this last sum, oqe hundred
and six thousand nine hundred and twenty
dollars were the proceeds of the sale of bank
I stock, authorised by the act of December last.
The directors finding themselves unable to
make a sale of bank stock, even on the very
| favorable terms authorised by the statute, to
an amount sufficient to pay the debt, were
compelled to avail themselves of the power
given them by law to purchase bilis of ex
change or other paper, for the purpose of re
: mitting funds to pay any debt contracted
abroad by authority of the Legislature. They
accordingly with this object purchased bills
of exchange and other paper to a large amount.
The extraordinary sum of one hundred and
eighty-nine thousand dollars of this paper has
been permitted by the drawers and indorsers
to be returned under protest for non-payment,
although they were under ttie most solemn
obligations, moral as well as legal, knowing
the object with which it was purchased, to
meet it at maturity In addition to this, there
is now running of this paper the sum of for
ty-four thousand seven hundred and thirty
dollars. Hence, it appears that during the
year, to answer the requisitions of the Legis
; lature and to pay the public debt, the circu
lation of the Central Bank has been increas
! ed one million eleven thousand seven liund
! red and thirty-four dollars and two cents. It
i- apparent that this immense sum (excepting
i the paper purchased to pay the debt above’
i mentioned amounting to two hundred and
four thousand four hundred and nineteen dol
lars,) is a charge upon the capital stock of the
bank, and is so far an utter annihilation of its
means. Although the bank is entirely able
“TIIE UNION OF THE STATES, AND THE SOVEREIGN TJT OF THE STATES.”
to meet all its engagements of every sort, it
has to rely mainly on its collections for the
purpose, if bonds provided for the redemp
tion of its notes, which have as yet been but
little available, be put out of the question.
A considerable part of the protested paper
above mentioned, was purchased without an
abatement of interest, in consideration of the
difference of exchange between this place
and the place where it was made payable,
which if it had been punctually paid would
have been a gaining operation to the bank,
the rate of exchange exceeding the legal in
terest. If it is expected to sustain the pub
lic credit through the operations of this bank,
a summary remedy must be provided for the
enforcement of such contracts. I would rec
ommend the immediate enactment of a law
for this purpose, applicable as well to all pa
pers of whatever kind, now held by the bank,
except accommodation notes received at the
ordinary distributions, as to papers for which
it may hereafter negotiate, for the purpose of
paying the public debt, or the interest thereon.
As above remarked, but few of the eight per
cent, bonds provided for the redemption of the
Central Bank notes, have been sold. From
the course pursued by a portion of the public
press, calculated to depreciate the credit of the
bank and the resources of the State, a distrust
of our stocks have been created amongst cap
italists, which has deterred them hitherto,
from making the safest and most profitable in
vestment offered in the United States. The
prostration of the State’s credit by the pro
test of the debt due to the Phoenix Bank of
New York, is a difficulty against-which we
have had to struggle; and it has presented a
formidable obstacle in all subsequent attempts
at negociation. Notwithstanding this debt
has been paid, and all other engagements have
been promptly met by the State, the confi
dence of foreign capitalists in Georgia securi
ties, is far from being restored. When sus
picion is thrown either upon our ability, or in
tegrity of purpose, by a part of our own citi
zens, it is not a matter of surprise that a dis
trust of us should be excited in those who
must depend upon others for the character to
which we are entitled. It is to be hoped, now
that the revenue is paid into the public treas
ury, that there will be no necessity for resort
ing to loans to any considerable extent, to sus
tain the Government or its policy. From in
formation derived from the Comptroller-Gen
eral, the anticipated net receipts into the
Treasury will be about the sum of two hun
dred and thirty thousand dollars.
You will perceive that the heavy drafts
made by the last General Assembly upon the
then almost exhausted resources of the Cen
tral Bauk, have left it without the ability to
make discounts, except at the hazard of an
insufferable depreciation of its notes. I would
recommend the speedy restoration of this in
stitution to its former condition of usefulness,
that it may renew, at as early a period as prac
ticable, its accustomed accommodation ti. the
people.
I had the honor, at the last session of the j
Legislature, to invite the attention of that body i
to some measure of relief, to aid the people j
through the difficulties of the present year. (
The recommendation was based upon the sole |
ground that the lailure of the cotton crop (a i
providential calamity, which could neither be
foreseen nor guarded against) had deprived
the people of the usual means of meeting their
engagements. The specific measure proposed
was one which could have injured none, while
it might have resulted in advantage to thou
sands. It was intended to benefit that class
of valuable citizens of moderate fortune, who,
in tinieg of national difficulty, occupy the
posts of danger, and are ready to offer up their
lives for their country, and whose distresses
had been brought upon them neither hy idle
ness nor miscalculation. Whether Ihe crop
of the present year will make up the deficien
cy of the last, and render such a measure un
necessary, you, coming from all parts of the
State, will determine. The policy of legisla
ting for such purposes, when the general em
barrassment is the result of miscalculation, or
misadvertence, cannot be defended. It would
encourage men to rely upon the Government
instead of tlieir own industry, paralyze their
energy, stifle exertion, and subdue that spirit
of rnauly independence which alone can sus
tain a community of freemen. If the cause,
however, which induced me to submit the
matter to the consideration of the Legislature,
and ask its intervention, continues to operate,
it will be your duty to ascertain if there be
any practicable means at the command of the
Government to give effect to the measure
without entailing a greater evil upon the coun
try. The Central Bank, which I stated at
tliat time could not he relied on for the pur
pose, has beer placed in a much worse con
ditioq by the requisitions of the last Legisla
ture, and its own efforts to discharge the debt
of that, institution to the Phoenix Bank. It
cannot, therefore, until its condition is impro
ved, he called upon to minister to the public
relief, without adding to the distractions of the
currency. Nor can it be expected, that while
a part of our own citizens are engaged in ex
citing in the minds of capitalists a distrust of
our stocks, that bonds can be sold for the pur
pose.
The attention of the General Assembly lias
been frequently called to the amended Consti
tution, authorizing the establishment of a Su
preme Court for the correction of errors. I
again commend it to your consideration.—
When it is considered that the principal ob
ject of Government is the attainment of jus
tice, it is a matter of surprise that we should
rest quietly under the imperfection of our sys
tem of jurisprudence, in which there is neither
security nor certainty. The decisions of the
circuit judge are final and irrev: rsable* ex
cept at his will. His power, involving the
life, property and liberty of the citizen, is ab
solute and appalling; but that we have been
so long accustomed to its exercise by a single
individual, it would not be tolerated for a day.
It has been said, by those opposed to this re
form in our judiciary, that if one judge errs,
three may err. This is true ; but it is also
true, that three are not so likely to err as one,
especially when those three are surrounded
by c.rcnmstances beffer adapted to full, calm
and thorough Investigation. The principle is
anti-republican ; for the same reasoning would
apply to the Legislature, and lead to the con
centration of the law-making power in the
hands of a singie individual. The objection
arising from the alleged deiay or judicial j.ro
ceedmgs, cannot be available, until it is shown
that it is better for a man to suffer the wrong
of an erroneous decision than, by prosecuting
his rights, attain justice at a sligut sacrifice of
time. Tne great utility of such a tribunal
strongly recommend its adoption. It will pro
duce uniformity of judicial determinations;
by the settlement of legal principles it will
diminish litigation; and from the published
reports of its decisions, an opportunity Will be
afforded every man to understand the author
itative interpretation of the laws.
The constitutional provision, that the trial
of all criminal cases shall be in the county in I
which the offence was committed, has given
rise to much difficulty, and, in some instances,
flagrant injustice. From the law regulating
the selection of juries, an offender has been
enlarged on his own recognizance, which
amounted to an acquittal, after years of im
prisonment in the common jail, from the im
possibility of procuring a jury who had not
expressed an opinion on his case. It is due to
j public justice that an impirtial trial should be
had in every case, and foi this purpose it is
absolutely necessary that power be given to
the courts to direct a chaage of venue, when
justice cannot be obtainedwithout it. 1 bring
this subject to your notice that you may give
it the consideration to winch in your judg
ment it may be entitled.
I would recommend, as a salutary regula
tion, tendiffg to the furtherance of justice,
that all persons subject tojury duty, either as
grand or petit jurors, be required to serve on
the trial of white persons charged .with the
higher offences, and on tie trial of free per
sons of color and slaves lor capital crimes.—
Grand jurors who presented the offence would
of course be incompetentto try the offender.
A statute was passed h the year eighteen
hundred and t\venty-nine,declaringthatgrand
jurors should be bound tonotice or make pre
sentment of such offences only as might or
should come to their knowledge after they
have been sworn. There can be no good rea
son assigned wherefore the morals and good
order of the community should find no favor
in the tye of the law, except during the week
of the session of the Supreme Court in eacli
county. The office of a prosecutor, whether
justly or unjustly, is invidious ; and few indi
viduals step forward for the purpose of bring
ing offenders to justice, except in cases where,
their rights have been assailed ; but grand ju
ries, under a proper regulation of their duties,
are shielded from the imputation of unworthy
motives, and may he made powerful agents
in promoting the welfare of society. I would
recommend the repeal of the law above men
tioned, and the enactment of one in its stead,
making it their duty to present all crimes, of
the higher order at least, that may have been
committed within their knowledge, at any
time since the term of the court preceding
that to which they are called to serve. The
extraordinary powers of the grand inquest
might be put in requisition also to rid our cit
ies, towns and villages of the idleness and
profligacy that infest them.
In the year eighteen hundred and thirty-
nine an act was passed for amending the Con
stitution, providing for biennial instead of an
nual sessions of the Legislature, and the peo
ple were called on to express their will on the
subject at the next general election. This
was done, and they gave a most decided ap
! probation of the measure. From some fault
in the law which had been passod on the sub
ject, it was rejected by the last General As
sembly, but another act was immediately
passed, remedying the defect,and this will now
come before you for consideration. The im
mense expense of the Legislature of Georgia,
being more than double that of any other State
in the Union, and the constitutional power of
the Executive to convene the General Assem
bly on extraordinary occasions, had doubtless
a powerful agency in influencing the popular
decision on this measure, and strongly to com
mend its adoption to you. The annual saving
to the people of Georgia will be between fifty
and sixty thousand dollars : a consideration
[ not to be lightly regarded. The annual ex
j pense of legislating, including the public print
! mg, is about one hundred and ten thousand
I dollars, so that, every alternate year this im
’ mense sum would be saved, without the slight
est detriment to the commonwealth. Should
the amendment be adopted, it will go into ef
fect on the thirtieth day of September, eigh
teen hundred and forty-three, so that the first
session of the General Assembly; under the
new regulation; will be in November of that
year. Should the constitution be altered, I
would recommend you to provide by law, that
if the term of office of the judicial or other of
ficers of Government, eligible by the General
Assembly, sh mid expire, during the recess of
the Legislature, that an election shall take
place at the session preceding the expiration
of their office, and that the successor be com
missioned at the close of the term.
I lay before the Legislature the report of the
chief engineer of the Western and Atlantic
Railroad for the third quarter of the present
year, in which are stated the amount expended
upon that work thus far, and the estimated
cost of its completion, ‘l’he sum expended
is two millions one hundred and eighty-one
thousand two hundred and seventy-two dol
lars and six cents, on account of which a pub
lic debt has been incurred,amounting, accord
ing to Ike best information at mv command,
to between thirteen and fourteen hundred
thousand dollars. From the report of the
President of the Board of Commissioners, a
copy of which is laid before you, it will be
seen that arrangements have been made for
the completion of fifty-two miles of this road,
beginning at the southeastern terminus,
which will carry it two miles west of the Eto
wah river. It should be put into operation to
that point, as soon as the connection of either
of the branch roads with it will justify the be
lief that it may be profitably employed. The
tunnel through Little Blue Ridge has been
abandoned by the original contractor. This
should be re-let, that it may be in readiness
to receive the superstructure when that point
shall be reached. In the further prosecution
of this work I would recommend the use of
the strictest economy. Tiie work should now
be prosecuted gradually, and in such manner
that the profits of that part which may be ex
pected to be carried soon into operation may
be applied to the construction. The corps of
engineers Bjiould be reduced to the number
that, when constantly and actively employed,
shall be adequate to the superintendence of
the entire work.
The Commissioners have resolved to sub
ject the timber to be used on the road to the
action of preservative salts, to prevent the ex
penses arising from its decay. It may perhaps
be prudent to lay down the balance Os the
road in the hardy and durable timbers Os the
country through which it passes, until the
efficacy of the preservative material be tested
by the application already determined upon,
and we have evidence of our own experience
of its economy.
The moral obligation that the State is un
der to those enterprising companies which
have been induced to incur heavy expenses,
relying on the public faith ; the immense facil
ities the road will afford the inhabitants of the
northwestern section of the State for the
transportation of the abundant products of
their fertile lands to a profitable market; the
advantages of commerce it will open to the
adjacent States, inviting their wealth to our
borders, and offering them the most conven
ient and rapid communication with the Atlan
tic ; t.'ie revenue it will bring to the State
l’reasury, re-embursing the State for the en
tire cost of iis construction, besides affording
the means of either relieving the people from
taxation, or executing any other public enter
prise that may contribute to the general pros
perity ; its incalculable benefits in time of war,
in the easy and speedy transportation of tnen
and provision to the point at which the assaults
of the enemy may be expected, all combine to
recommend it to the fostering care of the rep
resentatives of the people. No local strifes,
no sectional jealousies, no unjust prejudices,
no partisan considerations shouid be permitted
to stand in the way of the progress of a work
which promises for Georgia, what the Erie
; Canal has accomplished for New York.—
| While, however, I propose a steady persever
ance in the execution of this noble enterprize,
; I would earnestly recommend its further pros
ecution to be based upon permanent legisla
tive provis oas and regulations, which shall
[NUMBER 40.
not add to the burdens of the people. Con
tributions should nevt r be demanded lrom the
people, unless equivalent benefits are secured
to the in, and this cannot be the case when pub
lic exactions exceed the probabilities of indi
vidual advantages. If the profits of this road,
as it is gradually extended, are brought into
the work and applied to the payment of the in
terest and gradual reduction of the principal
of the debt contracted for its construction, it
maybe completed without resort to additional
taxation.
A difficulty has arisen between the Com
missioners and the Monroe Hail Road and
Banking Company, in regard to the location
of the South-Eastern terminus of the road.
I lay before you the copy of a communication
bf Central Griffin on this subject. The
drawing to which he alludes is in this depart
ment, subject to the inspection of the Genera!
Assembly. This matter should be authori
tatively settled by the Legislature in a man
ner required by the public interest, ami jus
tice to the companies expected to form a junc
tion with the State road.
The State of Georgia has not yet been re
imbursed by the General Government for the
money paid out for the suppression of Indian
hostilities. An act was passed for the pur
pose at the close of the late Administration,
but was not presented to the President for his
signature until his constitutional term had ex
pired ; so that it has to pass again through all
the forms of legislation before it can become
a law. I called the attention of the Georgia
delegation in Congress to this subject at an
early period of the extra session, and was in
formed that this matter not being embraced
within the special objects for which Congress
was assembled, would not be acted upon. It
was proposed in the Senate and rejected. It
is a matter of just complaint that while the
Government passes o.er without considera
tion, or rejects without cause, the claims of
the State which have been once thoroughly
investigated, and whose validity has been re -
cognized, it distributes gratuitously, millions
from the public treasury.
In April last, John Greenman, otherwise
called Alanson Greenman, stole a negro wo
man, the slave of Robert W. Flournoy, and
escaped to the State of New York. An affi
davit of the fact was made by Mr. Flournoy,
which after the authentication required by
the act of Congress was transmitted to the
Governor of New York, with a demand for
his arrest and delivery to Frederick Hunting
ton, who was constituted the agent of this
State to receive him. Although the affidavit
charging the offence is positive and unequivo
cal, conforming in all respects to the act of
Congress, the Governor of New York has de
manded proof of the facts and circumstances
of the - case before he will order the arrest
and surrender the fugitive. This proof, al
though entirely convenient, I declined procu
ring, as I was fully satisfied that 1 had com
plied with the letter and spirit of the Consti
tution and act of Congress. I submit to you
a copy of iny correspondence with Governor
Seward on this subject. It will be seen that
he does not deny our right to demand of him
the execution of this constitutional provision;
while from his untenable positions it is palpa
ble that he is determined to evade its perform
ance. It is with regret I communicate to you
my decided conviction, that the State of New
York justly occupying a commanding position
among the States of the Union, has proven
by the acts of her Legislature and Executive
officer; a settled design to attack the institu
tion of slavery in other States, an institution
which she has countenanced by the adoption
of the Federal Constitution, and which was
recognized and maintained within her own
limits until it ceased to be advantageous to
her own people. The Legislature has passed
an act which effectually prevents the master
from recovering his absconding slave, who
may be found there, and the Executive has
assumed to say what act shall or shall not
constitute an offence when committed in an
other State, thereby denying the right to oth
er States to protect the property of their peo
ple by the enactment of penal laws. The
act of the Legislature is not only intended to
encourage the elopement of slaves into that
State, but is in direct contravention of the
constitution of the United States,- and in con
flict with the act of Congress to carry into ef
fect the second clause of the second section
of the fourth article of that instrument. Col
lisions of this sort among the States may be
expected as long as the duties of the Gener
al Government are devolved upon the officers
of the State Governments, some of whom
may be found occasionally weak and irreso
lute enough to sacrifice the great principles
which unite the States together, to local ex
citements and low sectional prejudices. The
duty of delivering fugitives from justice, with
out discrimination, is created by the Constitu
tion of the Union, and is unknown to the laws
of nations : so that the States as independent
sovereignties, would have no right to demand
it of each other, except by compact or treaty.
The Constitution no where requires ihe exe
cution of this didy by the States. It is then
to be performed by the General Government,
and it ought to be required to execute it.
This is the true doctrine of State Rights.’
While it jealously guards against the en
croachments of federal power* it requires of
the General Government the strict perform
ance of all its constitutional obligations. The
Constitution does not require of the States
the performance of reciprocal duties essential
to their safety and prosperity, while it disarms
them; if aggrieved, of all means of redress.
On the demand of the Governor of one State
upon the Executive authority of another* of a
fugitive from justice, who may be fund there,
the latter might with much propriety, require
proof of the authority, either by the express
terms of the Constitution, or necessary impli
cation, to require of him the delivery of an
absconding felon. The authority for a de
mand would be unquestionable, but it must
be made upon the Government created by the
Constitution, and not upon the State Govern
ment on whom no duty to make a surrender
is imposed. The Constitution of the United
States is most admirably adapted to the pre
servation of pacific foreign relations, by pre
j venting one State from involving the rest in j
I angry collision with other nations : and it is ■
equally felicitous in providing tor domestic
harmony among themselves, by devolving on j
the General Government every regulation,
and the performance of every duty, which, if
left to them might give rise to dissensions and
bloodshed. Cases like the one which has giv
en rise to these remarks, are not to be endu
red. The property of our citizens is to be
protected by ali the safeguards which we think
proper to throw around it; and no Stare must
be permitted to send its brigaivls and robbers
amongst us to plunder and destroy, and then
afford them a sanctuary and justify their out
rages As the General Government by an
act of Congress, has deemed it e -rpedient out
of comity towards the States, to ask of their
Executive officers respectively, to execute
that provision of the Constitution which relates
to the surrender of fugitives from justice, and
as in case of refusal the injured State has no
constitutional redress, a resort must be had
either to unconstitutional remedies, or some
regulation must be adopted to prevent a re
currence of the evil. The latter course I
would recommend.
The spirit of fanaticism, against which we
have to contend, is ardent, untiring, artful and
msidtotis. It has sent its missiles into a neigh
boring State, and perhaps into our own, in in
cendiary prints and publications, concealed in
packages of goods. Although as a body, the
highly respectable mefchanls of other States,
with which we have held commercial inter
course, may not engage in such nefarious bu
siness, it is essential 10 our safety and inter
est that no avenue should be left open through
which we may be assailed. The open ground
occupied by the constituted authorities of
New York on this subject, leave no room to
doubt that a large part of the population of
that great State are hosti'e to the institution
of slavery; and that for the purpose of de
stroying it, would destroy us. In this state
of things, our safety requires that a system
of police should be adopted that will protect
us against the possibility of harm. I would
therefore recommend that a law be passed
subjecting to inspection every package of
goods that shall be imported, either directly
or indirectly, from the State of New York,
or any other State manifesting the same dis
position of hostility to our institutions ; and
that competent officers be appointed to exe
cute the law, with sufficient salaries to be
provided by duties on goods imported from
these States; ami moreover, that all suspect
ed persons coining from such States be requi
red 10 find surety for their good behavi >r; and
particularly that they will in no manner in
terfere, or hold intercourse with our slave
population while within our limits.
In the month of March last, upon the or
ganization of the new administration, a notice
appeared in the National Intelligencer, as
upon authority, that Gen Reid’s command of
Florida militia were ordered to be discharged.
Four companies of mounted militia from this
Stale, for the special protection of the frontier
inhabitants of Georgia, were under the com
mand ol that officer. 1 immediately addressed
a letter to the Secretary at War, inquiring if
the exposed district of Georgia was to be left
Without protection, and 1 was informed by him
that the Georgia companies were embraced in
the order for tjie discharge of General Reid’s
command. A few days after, I received in
telligence that rations were withheld from
these companies,and supposing that the orders
of the Secretary at War had been disregarded
or misapprehended, I addressed a letter to the
Quartermaster, add forwarded to him a copy
of the letter of the Secretary at War, and
also addressed a letter to Mr. Bell, com
plaining of this extraordinary procedure. To
my surprise he justified it, and from the terms
of his reply, no doubt was left on my mind,
that it was authorized by him. 1 also urged
again the necessity of establishing a sufficient
military force in that quarter to protect the
peo; le of Georgia from the predatory incur
sions of the savages, to which they had been
subject for several successive years. lie
then referred the whole matter to Col. Worth
commanding in Florida, who assured me that
a sufficient force should be provided to insure
the safety of the people. 1 received from our
own citizens repeated complaints of tbe inad
equacy of the force sent for their protection,
of which I apprised Col. Worth, and it was
not until the Indians had made a hostile dem
onstration within a few miles of the Georgia
boundary, murderingthe people and destroying
their property, that I ordered out two compa*-
nies of mounted men, commanded by Captains
Jernigan and Sweat. I notified Col. Worth
of my orders, and requested that they might
be furnished by the United States with forage
and subsistence. For reasons assigned in his
letter to me, a copy of which I lay before you,
he has declined to comply with my request. —
It is proper for me to remark here, that from
one of the letters of Capt. Jernigan, copies of
which are herewith communicated it will bo
seen that, notwithstanding the ample force, in
the estimation of the commanding officer,
stationed in that section of the country, the
Indians approached within a few miles of
Georgia, murdered the inhabitants, and retired
unobserved by the regular troops ; and that it
was not until they were informed by Capt.
Jernigan, that pursuit was made, which, as will
be seen, proved unavailing. 1 have notified
the Secretary at War that these companies
have been called into tbe service, and have re
quested that they be mustered and paid. If
this should be refused, it will be necessary
for you to provide for their payment.
1 transmit to you copies of resolutions
adopted by the Legislatures of the States
therein named, on various subjects of national
policy; They will of course receive that con
sideration to which the importance of the
subjects to which they refer and the interest
of the country, entitle them
Under the act ot the last session of the
Legislature which required the receiver of
tax returns of the several counties iri this State
to assess a tax against persons who had issued
change bills, &c., and who refused or tailed
to make a return of the amount so issued, and
to assess the taxes aforesaid at fifteen thousand
dollars, several persons have been assessed in
that sum, some ot whom applied to me for re
lief from the hardships of the act. Inasmuch
as there could be no judicial interference in
the case, and it was manifestly the intention
of the General Assembly that the said assess
ments should operate more as a penalty than
aR a source of Revenue to the State, on the
fourth of September I passed an order, sus
pending the collection of the assessments, in
all cases where the party would make affida
vit of the amount of prohibited paper he had
in circulation on the first day of July, and pay,
according to law, fifty per cent, thereon. ’J'he
objefct of this order of suspension was that
the subject might be referred to your consider
ation, and that the aggreived parties might be
relieved from the payment of the excess of
the penalty over the fifty per cent, on the ac
tual issues, if in your judgment they are en
titled to the clemency.
A difficulty has arisen in regard to the con
struction of the tax act of tbe twenty-third
of December last, so far as regards the com
missions to which receivers of tax returns are
entitled. They claim commissions lor taxes
assessed upon defaulters, to which the Comp
troller General has decided they are not enti
tled. That act revives the tax act of eighteen
hundred and four, and all other acts amenda
tory thereof, not containing repugnant provi
sions. Neither by, that act, nor any amenda
, tory act, are receivers entitled to commissions,
except on property returned. The act to raise
a tax for the support of Government for tiic
political year eighteen hundred and thirteen,
which was revived fora series of consecutive
years, was tbe first to allow commissions on
assessments. Besides a large amount of the
assessments returned the present year was
made under the law intended to prevent the
evils of private banking, and not under the
revenue act; so that in every view of the
case, commissions are not allowable by exist
i ing laws on the v'ast amount of assessments
made; and it is for you to determine w bother
they shall be now granted. They would ab
! sorb one-sixth part of the collectable taxes.
I Among the constitutional duties which you
j are called upon to discharge, is the promotion
I of the arts and sciences in one or more semi
! naries of learning. The university js in a
i flourishing condition, ana from the libera! pa
i tronage of the State is enabled to aftord the
i benefits of education to many who would
: otherwise be compelled to depend upon ihe
i institutions of other States, or, for the want of
means to defray so heavy an expense, abandon
the pursuit of knowledge. The first thing to
be regarded in a republic, is the virtue of”he
j people; the second, their intelligence ; both
are essential t.o the maintenance of our tree
institutions : the first inspires them with a dis
position to do right, the second arms them w/t i
power to resist wrong. The precepts of mo
rality are mingled with lessons of literary in
struction, in almost every system of modem
education ; and he who attains a high degree
of mental improvement cannot fail to be im
pressed with those lofty sentiments of light
which tend to social Happiness.
The sum now distributable among the sc-v-