Below is the OCR text representation for this newspapers page.

T V r t, published y T J ll V, £ ? P A Y M ° R N INC, Ttl , UV JAVIKS VAN NKSS, * ‘Vi granite Building,” on the corner of Oglethorpe and Randolph Streets. r, . TERMS: a*i C | R - , * P . r, f* dollars per annum, payable in m ’ lh r ree < ?°, l a ' s anJ a half “ ‘bo Milt of six in ha. or four dollars, (mall ewe.) Jere pay i not uia le before tne expiration of tiie year. „ i su ncripti m received for leas il.an twelve months Wituo it payment ■„ advance, and no pa f *r d.scon tinued, except at the option of the Editor, until all Arrearages are paid. AovEKTisKMKNTsconspicuouslv inrerted St cr.e dol lar per one hundred words, or less, for tile first in sertioa and lilty cents for every subsequent contin uance. Those sent without a” specification of the 1,1 n 1 :p . ° ,,r *3sr” ins. will be puuitshod until ordered out and charged accordingly. Vevklv Aovkrtisem”ests.—For over 24 and rt >t ey; ;e line 3 i lines, fifty dollars per annum ; fo over 12 an | n t exceeding 24 It tes, thirty-five dol lars per annum ; lor less than 12 lutes, twenty dol lars per annum. All r j e an 1 ti ‘ure work double the above prices. Ecqal Advertisements published at the usual ■ ites, anl with strict altonti in to the requisitions of the law. All iavLEs regulatei by law, must be made before the co trt h nua door, between the hours of 10 in the 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-