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by hun within
jurisdiction and die was afterward
• to tta iheciff.rtf Russel! county, 1
wWK m. a^Jhndtuhjl bv Capt. Gar
many and aparToF his company to Girard,
and lodged in jail.
As soon as 1 could obtain the evidence ne
cessary to make a demand on the Governor ot
Alabama for this man, 1 did so, and requested,
that in the event of his acquittal in that State,
he should be delivered to the agent appointed
by me, on the part of Georgia, to be conducted
to Stewart county, and tried for the crimes
with which he there stands charged- 1 his
demand was promptly complied with by his
Excellency Governor Clay, who immediately
transmitted to me the necessary papers, which
were placed in the hands of Captains Evans
and Schley, of the city of Columbus, whom I
appointed agents to receive the prisoner and
conduct him to this State. These gentlemen
attended the court in Russel county, Alabama
to receive him, in the event of his acquittal;
but at the request of his counsel, the venue
was changed from Russel to Montgomery
county, where the court will not sit until the
month of March next.
Some short time after claiming Jim Henry,
1 made a general demand ofGen. Jessup ot all
Indians in his custody, chaiged with the com
mission of crimes within this State, and who
should be identified as such by the persona
who accompanied Col. Rockwell, the bearer
of my communication. Before the arrival ot
these gentlemen at Tuskeegee, the Indians had
been removed to Montgomery, and they were
obliged to proceed to that city, where, by au
thority received from Gen. Jessup, they took
into custody twelve wai riors, recognized as
amenable to our laws, and committed them to
jail in Columbus, to await theirtrials.
Since writing to the President,and my return
to Milledgeville, a correspondence has take::
place between Gen. Jessup anti myself, i:i
which he accounts for not having answered my’
letters. To that of the 29th of June, he has
enclosed me a reply which he says was writ
ten, but by mistake placed on file instead of
being sent to me—and to that ot the 30th ol
the same month, he acknowledges that no an
swer was written, and supposes that the omis
sion was occasioned by his great anxiety to
depart for Tuskeegee, and the multiplicity of
business which then occupied his time and at
tention. His motive for removing the hostile
warriors from Fort Mitchell, against the wish
es of Georgia, conveyed to him through her !
Chief Magistrate, is explained in his letter to i
the War Department, in answer to the call :
made by the President after receiving my I
communication.
Copies of all tne correspondence relating to 1
this subject, as also to the Seminole and Creek
wars, will be found among the accompanying
documents.
There are still many hostile Indians in the ■
swamps of Irwin, Thomas, Lowndes and ;
Ware, who give just cause of alarm to the
inhabitants. I have been applied to for the
means of protection, which were immediately
afforded by sending arms and ammuntion to
those counties, and instructing the command- ■
ing officers of regiments to call out a mounted !
company in each for temporary security, until
more permanent arra igements could be made;
an<Qo this end I requested from Maj. Gen.
Jessup a detachment of regular troops for that
service. The request was promptly granted
and Maj. G. Dearborn with two companies
was sent with instructions to establish a mili
tary station at such places in Low des or Ware,
as might beccnsidere4 ?nost eligible, a<rd to call
on the corntnandiiig officers of the militia in
those and the adjoini ig counties, for such num
ber of troops as he should deem necessary to
give security and repose to the st u.itry.
Manv of the members of Capt. Germany’s
v company, who were engaged with the Creek
in the battle of Shepherd’s field, on the
9th June last, lost most of their wearing ap
parel, and were so destitute of th se articles
that they could not perform duty without a
new supply of them. The army regulations 1
make no provision for furnishing clothes un
der such circumstances, and some of these
men had not the means of procuring them, for
they had also lost theirmoney. and therefore
I purchased cheap articles for them to the
amount of $466 25 cents, which I paid out of
the contingent fund.
The Georgia troops engaged in the Creek
■war had expended their own money in provi
ding themselves with such camp equipage as
they believed to be necessary on their march
to the frontier; and in camp, application was
made to, the Quarter master of the U.iited
States’ Army to refund the amount thus expen
ded, but he did not feel himself authorized to
do so, because the quantity and quality of ma
ny of the articles purchased, did not correspond
with the army regulations. After several con
ferences which I had with that officer on the
subject, he agreed to furnish the money, if I
would assume the responsibility of paying the
accounts and settling with the War Depait
ment. This 1 consented to do, rather than
our people should lose large sums of money,
especially by them for the public service; and
accordingly I received from Mr. Waite, the
Quarter-master, $5,168 45 cents, which I ap
plied to the payment of these demands.
Very soon after the ratification, by the Se
nate of the United States, of the treaty made
between Gen. Carroll and Mr. Schermerhorn,
the commissioners on the part of the United
, States, and the Cherokee tribe of Indians, a
* copy of which accompanies this message, the
people of that section of the State became ap
prehensive that the Ross party, against whose
wishes the contract for their removal to the
West was made, would, in the then situation
of the State in regard to the Creeks and Semi
noles, become hostile. Under the influence of
this excitement, heightened as it was by some
murders and burnings committed by Indians
about that time in Walker county, petitions
from several parts of the Cherokee Circuit for
troops, arms and ammunition were presented
and granted. Orders were issued to Brig.
Gon. James Hemphill, to raise a battalion of
militia, and place them at Lashley’s ferry, on
the Coosa river, for the double purpose of pre
venting the Creeks from coming into Georgia,
and to keep the Cherokees in check. This
order was executed, and a battali >n w’as or.
ganized under the command of Major Charles
H. Nelson. Fpr further security, a part of the
Cherokees were disarmed, and 500 muskets
and accoutrements were ordered from Savau
nah, and sent to Cherokee county, with a suffi
ciency of ammunition for the use of the people,
in the event of any hostile movements on the
part of these Indians. Whether the Ross par
ty really intended anv hostile action h is not
been ascertained. But it was proper to be pre
pared for it; and the arrangements on the part
of Georgia, together with the appearance ol
the Tei messee troops about that time under j
Biig. General Wool, of the United States’
Army, had the good effect of quieting the
fears of the citizens.
An unpleasant circumstance, however, oc
curved between a company of Georgia Volun
teers under command ol Capt. Absalom Bish
op forming part of Maj. Nelson’s battalion,
and a portion of the Tennessee troops. Col.
Bishop, in obedience to orders, had arrested a
number of Creek Indians for the purpose of
conveying them to Alabama, to be delivered to
the proper offic :r havi >g charge of the Creek
emigration; but before his object was affected,
Capt. Vernon with a company of Tennessee
Volunteers,demanded these Indians,and threa- .
teued to take them from hi ; possession, and to 1
take him and his company if he resisted. Be- ’
for--, however, any collision toon place, Gen. ;
Du lap. commanding the Tennessee brigade, j
arrived, and a compromise was made, bv !
which Capt. bf.hop kept possession <>t a pari 1
of the Indians, and surrendered a part,on the ,
claim of their being Cherokees.
I have received ir.mi Get:. Dunlap and Col. I
William N. Bishop, comniu:>icati>:is, in which |
different views are token of the matter, and .
the circumstances are differently stacd: each *
party criminating the other. To the letter of •
Gen. Dunlap, I returned an -answer objecting |
to the conduct of the Tennessee company — i
and 1 also wrote to Gen. ’Foo! giving to him !
the facts as they had beer, presented to me by I
both sides, and requesting him to calm the j
troubled waters, llis replv, attaching blame >
to each party, will be f.tumi’among the corres- I
pondenceon this sub) et herewith communica- i
ted.
By the treaty to which I have adverted be- ‘
tween the United States and the Cherokees, i
the latter are allowed until the 23d of May, |
1838, to leave the soil ofGen.gia. This Con- ■
j vention will, I have no doubt, be satisfactory !
to the State; and it will !>,. proper for the Ge- !
neral Assembly so to modify the laws in relit- '
tion to these people and their rinhis of occti- .
pancy. as to do justice and advance the inter- i
ests of the State.
In the month of December last, immediately |
alter the adjournment of the Legislature, I re- I
ceived a letter from Gov. Cannon ofTemiCS- i
see, on the subject of the arrest, by lha Geor- j
gia Guard, of Mr. John Payne within i
the jurisdiction of that’State. The act could I
not be justified on any principle of right or •
comity between States, and had been expressly ;
condemned by a resolution ofthe General As- '
sembly ot Te?messeo. I replied t<> the letter '
of Gov. Cainion, and enclosed to him a copy I
ofthe Resolution, which has been satisfactory. I
A copy of the correspondence is herewith j
transmitted. i
The defects of our militia system, though, i
to a certain extent, long known and felt by ail j
who take any’ interest iu having a well orgam- s
zed body of citizen soldiers. were never »■»'
glaringly exp< sed ; s during the Seminole and ;
Creek wars. The existing law offers so little j
inducement for persons of suitable capacity to
accept offices in lhe militia, that even the high i
stations of Colonel and Major were found va- !
cant in many of (he counties during the ex- ’
I citement ofthe past year. By the act of 18’8, :
j no provision is made for the election or ap
; pointment of field officers to volunteer troops,
I and it is very doubtful whether the Legislature I <
j intended, by the 45th section of that act, to vest ; <
iin the Governor the appointment oi those ofii- i
cers in the case of drafted militia. In the nb- i I
sence, therefore, of any law on this subject in ! '
regard to volunteers, and with the great doubt I 1
I of power in respect to drafted men. 1 permitted I :
I both species of troops ii- the Creek campaign ■ s
to elect their own field officers, io whom I | I
gave commissions to continue during the time I
they’ should remain in that service. ! t
There is another omission in this act which j ]
[it would be well to supply—there is no penal- ;
ty fixed against those who, after appearing at ! <
the place of rendezvous, shall refuse to enter ' (
lhe service ofthe United States. j -
The office of Adjutant General has been va- I <
cant for twelve months. The Legislature, at ! <
the last session, failed to fill it, and 1 deemed it i !
unnecessary to do so during the recess of that I t
body, because I could not expect to obtain the ) <
services of any individual without compeusa- I ;
tion, and there is none now attached to the of- i
fice, except the inadequate amount of thirty i ;
days pay’ in each year, of an officer of like
grade i i the army of the United States. Ij ;
would respectfully recommend that i-i revising i i
the system, provision ba made for an Adjutant I
and assistant Adjut i. tGe eral with a compe-' I
tent salary to each, to induce him to give bis j i
whole time and tale its to the subject. ! i
The nature of this communication will not
a'low me to enter into a detail ofall rhe defects
j a,id imperfections ofthe present militia laws— :
nor do I consider it necessary, as recent expe
rience has so fully developed them, that they
will not escape the intelligent observation of
the legislature.
i The cavalry arms, for the purchase of which
an appropriation was made by the General -
Assembly at the last session, have been con
tracted for through the agency of the War ; ,
Department, the Secretary having politely of-1 i
sered to have them fabricated alter the model I
of those used in the army, and at the price
paid by the United States for similar articles. !
The swords, pistol-holsters and accoutrements j
have been finished, received, and paid for, and ! ,
are of a superior quality for the price; but the >
pistols have not yet arrived, 'filesum appro
priated was ten thousand dollars, with which
three hundred and forty sets have been purcha
sed. The cost ofthe swords, holsters, and ac
coutrements, includi g commissions, freight
and insurance, is $4,413 96.
The act authorising the purchase of these
arms requires the Governor to distribute them
to cavalry corps. The number obtained will
furnish only five or six companies, a id it will
be an unpleasa :t task for him to determine
which shall be thus favored, to the exclusion
ofall others. As al! the companies will have
an equal claim, and very few of them can be
accommodated, it will be .veil for the General
Assembly to determine whether, under these
circumstances, the arms shall be distributed,
or kept in the arsenal, to be used by such vol
unteers as may’ b: called into service, in tne
event of an emergency making such call ne
cessary.
No military fund was created by the appro
priation act of the last session, and consequent- I
ly I have not been enabled to pay the brigade !
inspectors, and others having military ac- I
counts against the State.
Tne cartridge boxes, bayonet scabbards and I
belts, which had been contracted for under i
authority of a resolution of the General As- j
sembly, passed at the session of 1834, have I
been received and paid for.
The reports ofthe keepers of the put lie ar
senals at Savannah and Milledgeville will be
found among the documents, and will show
the number and condition of the arms and ac
coutrements and the qua.'.tity and qual'ty of!
the ainunition.
I have received a communication from Col.
Bomford, ofthe ordnance department, stating
that Georgia is entitled, under the act of Con
gressof 1808, io a quota of arms up to the Ist I
January last, equal in value to 548 7-13 iritis- |
kets, and requesting that 1 would designate ;
the kind of arms the State would prefer. In ;
answer to this communication, 1 have direct- I
ed the amount to be paid in yagers or rilles, j
with the necessary accoutrements.
The Georgia arms which were used during j
the Creek war, were, on the discharge ofthe !
troops, delivered to the United St ates’ ordnance I
officer at Columbus, and, by direction of the I
commanding general, have been sent to the i
arsenal nt Mount Vernon, in Alabama, to be !
put in good order. These, or others equally 1
■ good, will, in due time, be returned to the State. ■
The State having no gunpowder suitable I
. for small arms, and there being fn qnent cal’s ’
for that article during the recent 1 dian ex- |
: citements, 1 caused 7i> kegs to be purchased,
f most of which is now in the magazine at this
i place.
The addition to the south end of the capi'ol
, which was authorized by an act of the Geuer
• al Assembly, passed on the 20th day of De-
I comber. 1834, and for the erectijn of which a
j contract w;:s entered into between the State
' and Messrs. Smith, 'Fucker ; .r«’l Marler, Inis
I been completed. S > far as 1 can judge, the
j work has been well executed; and lhe con
| tractors have received the snn ol $12,500.
' the whole amount of the apprapriatio :; but
i there still remains a balance of $1528 83 cts,
I due to them, for lhe payment of winch an ad-
I ditional appropriation should be made. Be
l sides (his wo:k, some repairs and extra im
! provements were deemed necessary to pre
-1 serve the house against i jury from theweath
’ er, as also to improve its general appearance.
| The several accounts to .be r<?.l i’>r th se
I will probably amount to slo'3o, tied for this
I sum, also, an appropriation is requested.
I But the building is still tmiimslied. The
I platforms and steps at lhe easteri and wester.:
i doors are i.i a very dilapidate ! slate, and not
' suited in appearance or uliii'y to the b -autiful
I structure of which they now form the vestibules,
j These ought to be removed, and their places
j supplied with noichex ami coi-madus corns
i ponding with the rest ofthe edifice; and, as a
I iimshing touch to the whole, the interior
; should be neatly painted.
■ I u conformity to a resold* io aof the last ses
' sion of the Legislature, ilie public square
: around lhe capiiol has been improved, by lev-
■ oiling the surface as fir as was deemed neces- |
I sary at this time. Tint part of the resolution
I requiring trees and shrubbery to be planted lias
| tot been executed, because, b ’fore that is done,
I there should be a good ei.eiosnre to protect
i them. The area ofthe preynt campus is too
I large; it. ought to be contracted to about 210
j yards square, and enclosed with a good,, neat
i and durable fenc ••
: The committee appoints.l Io contract for
j and superintend the building of a house forthe
I residence oi the Governor, li.i.e not been able
'to succeed in procuritin a : umler'akcr. Two
■ causes have conspired to pi .-.eut i.lr-in—the
■ inadequacy oi the appropriation, bv reason of
! the enhanced value of mnteri .Is a id labor, and j
1 the great, demand, everywhere, f,»r architects '
' and mechanics. The. only propositions that ;
| were s bmitten, to erect a building oi'proper I
■ dimensions and in good style, were at the pri- i
ccs of twenty-four and eight(';m thousand dol- i
; lars. The sum appropriated tobuid and fur. I
i ni.v/t was $15,000, and co is quo st'y nei- I
tber of these propo-sitio is could be accepted, j
1 It wilt bef>r the Legislature now to determine I
i whether an additional sum ,-h.:ll be appropria- I
ted to carry into effect the obj-.-ct contemplated <
in tile resolution of the last session.
The arsenal in Miiledgevfi'e is unfortunate- I
ly so located as to obstruct the view of the j
capitol from the principal part of the town, and j
diminish, to a very great extent, the beauty of |
that edifice and the grounds around it; and the j
building is not properly adapted to the uses for I
which it was intended I therefore respect- j
fully submit for the consideration ofthe Gener- j
al Assembly, the propriety of removing it to ;
some more suitable place and bnildmg it on a
better plan.
Copies of the semi-annual reports made to
the Execulive Department by the several incor
porated banks of this State, in terms ofthe law,
as also the annual report ofthe Central Bank
of Georgia, are herewith submitted to the
General Assembly. Agreeably to the requi
sition of the fifth rule and fourth section ofthe
charter of ths Bank of Darien, I have appoint
ed Messrs. Joseph Cumming, of the city of
Savannah, James Hamilton Cooper, of Mcln
tosh county, and William W. Holt, ofthe city
ol 1 ugusta, to represent the Slate’s interest in
a meeting! fthe stockholders of that institution,
which was called in conformify tothe charter,
and to be held at the principal bank, in Darien,
on the 3d day of this instant. It will be pro
per to make provision to compensate these
gentlemen tor their labors.
A list of Executive warrants drawn on the
treasury during the past political year, as also
of Executive appointments made during the
same period, will be found among the docu
ments accompanying this communication.
The act of the General Assembly prssed on
the 10:h day of December, 1810, declares that
the standard of weightsand measures estab
lished by the corporations of Savannah and i
Augusta, shall be the standard weights and
measures in this State, until the Congress of
the United States shall have made provision
on this subject. This provision was made by
a resolution passed at the last session of Con
gress, which directs the Secretary of the Trea
sury ‘-to cause a complete set. of all the weights
and measures adopted as standards, and now
either made, or in the progress of manufacture,
forthe use of the several cu-tom houses and
for other purposes, to be delivered to lhe Gov.
ernorof each State in the Union, or Wich per- I
son as he may appoint, for the use ofthe States
respectively, to the end that an uniform stand- I
ard of weights and measures may be estab
lished throughout the United States.”
Congress having thus acted o:i the subject,
the G eneral Assembly should so alter the act
of 1810, as to conform to this resolution, and
afford facilities forextending to every part of
the State the benefits to be derived from a uni
form standard of weights and measures.
1 have received from several ol our sister
States, resolutions of their Legislatures on the
subjects of Abolition—Rail Roads—the Trea
ty with France—the mode of electing the
Piesident and Vice President of the United
States—and the Surplus Revenue, w irh are
quest that I should lay them before the Gener
al Assembly. They are herewith transmitted
to the House of Representatives.
By the 14th section of the act of 1713 and
ths resolution of 1834. the Governor is requir
ed to defray from the contingent foud, the ex
penses of preventing the spread of the small
pox. Under the authority of these acts, the
I sum of $2,296 has been expended during the
! past year, and several accounts remain unset
| tied, some of the charges being of a charac
,] ter which I did not feel myself authorized to
I pay; such, for example, as the value of clothes
j committed tothe flames, and Physicians’bills,
i It would be well lor the Legislature to estab
lish some rule on the subject for the govern
ment of lhe Executive and the people.
Almost every year this disease visits our
State, and produces a panic wherever it takes
up its abode.—lt has become a subject of deep
I interest tothe people, and calis for the intelli
gent action of the legislature in devising the
mosteflectu tl, and, at the same time, humane
tniaus of preventing the spread ofthe disease.
Among these, there can bs no doubt that
j vaccination is the most efficacious, and should,
j therefore, be encouraged bv offering to the
i people every facility in the obtainment of the
I vaccine matter. To do this, an agent ought to
I be appointed, whose duty it should be to keep
on hand, at all times, a sufficient quantity of
fresh virus, to be by him, on application, fur
[ nished to persons desiring it in all parts ofthe
I State, the expense of which should be paid
I from the public treasury.
I n pursuance of the authority vested in the
; Governor by a resolution of the last session
! on the subject of tne education of the indigent
deaf and dumb in this State, I have appointed
the Rev. Elijah Sinclair the Commission
i er to carry into effect the humane and chari
j table views of the General Assembly. This
| gentleman had been appointed to the same of
ficebv my immediate predecessor under a pre
vious resolution, and had discharged his duly
with such high credit to himself, and great
benefit to the unfortunate objecis ofthe State’s
bounty, that it gave me pleasure to re-appoint
him. |
ouiiierit ts♦
I This provision, so honorable to the Slate,
I in behalf ot an untbrtuuate portion of our fel
low.beings, suggests the propriety of extending
lhe public charity ( to another class having
equal claims to onr sympathy.
Hamaiiity requires that a comfortable place
of refuge should be provided ibribe lunatic,
and the madman, to alleviate their sufferings.
lai.nl to protect the community against their
i iuvolu itary acts: and that such as are indigent
| should be maintained at the public expense.
'I invite the attention ofthe General Assembly
I to the subject, and recommend a: appropria-
I lion of such sum of’money as may be deemed
i mtcessarv for the erection of a Lu iatic Asylum
I lor the reception and accommodation of per
| sous thus atiiicted.
I I herewith transmit to the General Asscm
i bly a copy ofthe proceedings ofthe Conven
tion which assembled at Knoxville,Tennessee,
' on lhe 4lh of July last, to take into cousidera
‘ tion the proposed Louisville, Cincinnati and
| Charleston Rail Road. Georgia was ably
| represented in that Conventio : by delegates
| from different sections of the State, who clear-
I ly demonstrated that the cheapest, and most
I practicable route to the Southern Atlantic coast
iis through the territory of Georgia. Charters
i have been granted bv th : .States of Kentucky,
! Tennessee, North Carolina and South Caro
i Ima, for the purpose of constructing a contin
uous Rail Road from Cincinnati to Charlesto i,
passing through these States; and the ques
tion will be presented to Georgia whether she
will grant, a charter authorize,g ;l . R.fil Road
to join the main tru ik of this great work at
som 1 convenient point :n Teifnessete.*
The great advantages of railroad commti ii
! cations in producing, i.-illivi lua] profit and piib-
■ lie convenience, by linV speedy transportation
| of persons and property, have been so hilly d.;:-
■ veloped, that it cannot be necessary, at. this
I time, to elucidate them toad enlightened peo
| pie. 'I hey are .strnalaiiag individual enter-
i prize, in every quarter, and should not escape
| the intelligent forecast of the statesman, devis- '
I ing tor his country, prosperity in peace, and j
i security in war. I
; Hitherto no attempt, has been made thus to |
i connect the West with the South, because, un- I
i til recently, the intervening mou Jains have j
; bien considered an iostiperahle b irrier. But j
I now. that all physical d fficulties recede before j
j the light.of science,the people ofGeorgiaowe
I it. to themselves to second with energy and
I liberality the groat cnlerprize v hich is pro
i jectedof connecting Cincinnati with the South
j era Atlantic coast. They can avail themselves
j ot its advantages vt ilh less trouble and expense
; than any other portion of the South, as it has
i been ascertained by actual sorvev, that the
J entire line from an eligible point on the north
j ern or northwestern partofthe Slate, to K-.ox-
I ville in Tennessee, byway ofthe Rabun Gap,
j and other routes, may be passed on a railroad,
| without a single inclined plane, and without
; the least difficulty in the employment of loco,
motive engines. Personal interest—public
utility—State pride—-every feeling which
should impel men to exertion in a good cause,
appeal to us most signally in behalf of this stu
pendous object; and surely, every Georgian
will respond with a spirit becoming the peo
pie and the occasion.
Every exertion in the power of the Exe
cutive was made to procure a competent en
gineer to examine the passes in lhe mountains
on the northern line ofGeorgia in time to lay
the result before the Knoxville Convention, but
without success. I had determined to employ
Mr. James Stephensof Rhode Island, who hud
produced high testimonials of his qualifications
for the task, but unfortunately directed my let
ter containing the appointment, to Providence
instead of Newport, so that it did not reach him.
and the error was not discovered u til a few
weeks ago, after 1 had give., the office to an
other. 1 regret, on Mr. Stephens’ accou t,
that the mistake occurred, although no injury
has been sustained by Georgia in consepuence
ofthe delay. Early in the month of August
last, I appointed Col. A H. Brisbane of South
Carolina, a gentleman of character, ability,
and high attainments in his profession, civil
engineer for the State ofGeorgia.—He called
! to his aid Mr. Edward B. White, a gentle
man highly qualified for the task, ammediate
ly commenced the examination of the passes
in the mountains, as directed by the resolution
of the last session. They have finished the
survey ofthe route by the Rabun Gap, and j
submitted a report of tbnisi ’1
eompanie 1 bj ny-'.ny ro
which are her<,q'.»Q l - ir L < -.. '
of
in the examination
will soon be completed
j whole subject will be laid before the General
Assembly at an early period of the session.
By an act passed on the 22J day of Decem
ber, 1835, the sum often thousand dollars was
appropriated for the improvement of the navi
gation of Flint river, and the sum of twenty
thousand dollars for the improvement of the
Chattahoochee. No part of either of these
sums has been drawn from the treasury, be
cause the provisions ofthe act have not been
complied with, and no application has been
made for the money, except on the part of the
Commissioners of Flint river, who adopted a
plan of operations which seemed to me to be
contrary tothe directions of the law, particu
larlyto the 4th section.
Whilst on the subject of internal improve
ments, it is proper that I should call the atten-'
tion of the Genera! Assembly to the “Savan
nah. Ogeeche, and Altainaha Canal.” The
State has invested ninety eight- thousand five
hundred dollars in this enterprize, and thus far
no dividend of interest or profit has been re
turned; nor, from present appearances, is it
likely that any benefit will be derived from it.
It has been advertised by the Sheriff of Chat
ham county, to be sold under execution, at the
j suit of an individual, for the sum of two thou
sand dollars, and application was made to me,
by the director on the part ofthe State, for ad
vice what course to pursue. Having no au
thority to draw money from the treasury for
such purpose, I so informed the director, and
reminded him that the Cana! was pledged to
the State for the return of the Silin of fifty thou
sand dollars, the amount Originally loaned to
Mr. Jeucks; and that the purchaser, at Sher
iff’s Sale, would take the, property with that
idcumbrance. I have since learned by a let
ter from Mr. Arnold, the director, that the sa e
of the Canal has been postponed to the first
i Tuesday in December next, when it will cer- I
tainlytake place, unless the judgment be paid. ;
Thejspirit ofinternal improvement so onward I
and vigorous in our sister States, is extending !
itself in our own, and stimulating private en
terprize to efforts, which, though local and per-;
' soual in their purposes, embrace so many in., 1
terests, and contribute so greatly to ihe gener
al convenience, that they seem to be justly eu- i
titled to a portion of the public patronage. i
Intimately connected with this subject is It
that of the geological structure ofthe State, h
and of its mineral resources. A yrepev know. I
ledge of these is necessary to a prudent and! |
profitable location of canals aui/iailroads, and I 1
should have its influence ia directing their { 1
course. Thus far, Georgia ias scarcely look-' 1
ed beneath her surface, aw/her gieat'staple i 1
commodity has been the oa/y article of trans-1 <
portalion within the cvtiamplation of those !
who have projected schemes of internal im- I
provemcnl, whilst the advantage to be derived <
from geological invesl/g»tion has been entirely i
overlooked. In sucha survey the who’s State <
I is interested, not tnen-Iy io. tiic increased vari-' |
, ety of its products, but i:, the promotion of
- the most efficient culture, by disclosing the
j character and capacity of the soil. Her ter
; ritory and particularly that part comprehended
within the Cherokee Circuit, is believed to
abound in mines ofgold, marble, iron, limestone,
• salt, and other valuable minerals. These con
. cealed treasures which should, be made tribu
r tary to her knowledge and wealth, are worthy
t of your enlightened consideration, and the pro-
• vision necessary to a full and scientific exam
ination of them ought, not to be longer delayed.
I suggest, therefore, the propriety of employ,
ing a competent geologist to make a thorough
i survey of the State, with a view to the ascer
tainment of its mineral and agricultural re
sources, and the proper location of works of
I internal improvement.
j Since the above was written, I havereeeiv
,l cd from Mr. John R. Cotting a letter dated
Augusta on the 251 h tilt., accompanied by a
report of a geological and agricultural exam
ination made by him, during the past summer,
of lhe counties of Burke and Richmond—This
survey was executed at the expense of individ
tials of those counties, and is highly creditable
to their public spirit; and, asfaras I can judge,
equally so to the skill and capacity of Mr.
Cotting as a scientific and practical geologist.
I I avail myself, with pleasure,of the opportuni
ty thus affiirded me of sending to the House
! of Representatives this letter and report, with
i the hope that they may add force to the
j recommendation I have submitted.
Tiie reports of the inspectors and principal
| keeper of the Penitentiary, are herewith sub
mitted. Tb.ey will show that, during the past
year si profit has been made on the labour of
the convicts, and that after deducting from the
good debts due tothe institution, those which
it owes, there will be a balance in its favor of
ten thousand five hundred and thirty five dol
lars.—This maybe co sidered a prosperous
condition, and yet, owing to the practice which
lias heretofore prevailed of giving a general
credit on articles sold, the officers are embar
j rassed and need lhe aid ofthe legislature until j
j collections can be made. This practice will
shortly cease, as the inspectors have, I think.
I wisely, determined to require cash for all
j work done, and articles manufactured after
| the first day of January next, and to force, if
necessary, the payment of al! available debts.
Other causes have operated to the injury of
the institution, but a radical reform has been
commenced, and, I have no doubt, will be
continued much to its advantage.
I respectfully add my recommendation to
that of the inspectors, to appropriate or lend to
the penitentiary the sum of $5,000, to enable
them to provide materials and subsistence until,
by collections, they can procure the necessary
funds.
I would respectfully invite the attention of
the Legislature to the amendment of the first
s ction of the third article of the Constitution,
which provides for the establishment of a Su- ,
preme Court for the Correction cf Errors ,
committed in the Superior Courts. The judi- ,
cial system ofGeorgia (if that can be called ,
. ..... ... 1_ 1 .. .. I ,J\ 1 k
a system which has no head) has always been
an anomaly in jurisprudence. There are now
ten judicial districts, having a judge to preside
in each, who is independent of (he ethers and
subject to no control. His opinions are the
law of the district, during ths time he shall
continue in office, but no longue —they do not
bind his successor. These judges often decide
the same question differently, so that what is
law iu one district, is not late in another, a id,
as a matter of course, we have no such thing,
in fact, as laws ot Georgi.i, although the leg
islature have enacted, and do annually enact,
what purport to be such. It is a matter,there
fore, of the first importance, not only to the in
terests ofthe people, but t<> the character and
honor of the State, that you should, at the pres
ent session, organize the Supreme Gourt, and
thereby establish a bead to direct the opera- !
tions of the judiciary, and render the law uni
form throughout the State. Apart, however,
from any reasoning on the subject, the Con
stitution, which we have all sworn to support,
is imperative, and declares that “the judicial
powers of this State shall be vested in a Su
preme Court for the Correction of Errors, &c.
dec.” This court can be organized only by die
Legislature, and so long as they fail to doit,
so long will the people be deprived of their j
constitutional rights.
Bv an .£'■2 of Congress, approved by the
jf n * I ’'■‘r 4>rJ»n .States on the 23J day
«<**taiinnsofl? regulate the
kjuL • -•>' ” the*’ a P ,,rtlo1 ‘ of
has
with the States.
' act provides, that
when the money in the Treasury of the
United States shall exceed the sum office mil
lions of dollars,the surplus shall be deposited
with such ofthe States, in proportion to their
r presentation in lhe Senate and House ot
Represe ffiitivesof the United States, as shall,
by law, authorise their treasurers, or the com
petent authorities, to receive the same, on the
terms in that section specified. These terms
are, that tin'faith of the State shall be pledged
tor the safe keeping and repayment ot the mo
ney, and every part thereof, from time to time,
whenever the same shall be required, by the
Secretary oflhe Treasury ot the United Slates
for the purpose of defraying any wants ot the
public Treasury beyond the amount ot five
millions. And, us an inducement to each
' State to receive its proportion ot the public
treasure oudeposite, it is dec ared m lhe same
section, that if any State declines to do so on
the terms mentioned in the act, the same shall
bo deposited with the other States agreeing to
accept the same on deposit, in the proportion
pointed out bv the act. It is then dec’ared,
that when these deposites, or any part ot them,
shall bewauteii by the Secretary, to meet the
appropriations made by law, the same shall be
called for in ratable proportions within one
year, asnearly as conveniently may be, from
the different States with which the same is de
j posited, and shall not be called for in sumsex.
ceeding ten thousand dollars from any one
State, in any one mouth, without previous no
tice of thirty days for every additional sum ot
twenty thousand dollars which may, at any
tiinebe required. By the 14iIt section of the
act, this surplus money is ordered to lie paid to
the States in the following proportions, and at
the following times, viz: O.ie quarter parton
thefirst day’ of’January, 1837, or as soon
after as may be; one quarter part on
■ day of April; one quarter part on the
i ofjuly; and one quarter part on
ofOctober. all in the same
ofthe law, and of the. letter of tiie
the Treasury on the subject, will be
among the documents accompanying this mes
sage.
This act of Congress presents a subject ot
no ordinary interest, and iuvolver principles
which demand the deliberate investigation oi
the General Assembly Although the law is
nominally constitutional, because it purports to
be “An act to regulate the deposites ot the
public money,” and so far as that purpose was
entertained, mav be considered as really so,
yet, declarations at the tinie of its enactment,
and since, by some ot its ablest advocates, that
these deposites were intended as donations,
never to be reclaimed, and the simullaneous
avowal, by the great beneficiaries ot the tariff’,
that this policy was to become a system to
conciliate the complaining Stales, are calculat
ed to excite a jealous watchfulness of innovation
of every effort to allure or force us from the
primitive purify of our Government.
“We must fe°r these Creeks, even though
they come with presents in their hands.”
The framers of the Constitution nevef could
have contemplated the accumulation of redun
dant revenue, to foster particular interests in
its collection, and subsidize others in its d;s
tribution. Against such a system of injustice
and corruption, I trust that Georgia will enter
her solumu protest, and call for such a reduc
tion ofthe tariff as will prevent further unneces
sary accumulation and division of the people’s
money.
Georgia will, I hope, never consent to give
up her independence and be supported by the
surplus revenue of the United States. She has
ample resources of her own, and ifsheh id not
she could obtain money from her people, who
are too proud togpernit herto be the beneficiary
of the Federal Government, which has no
means of supplyingher wants other than those
obtained from the people by the exercise of a
power delegated fir another purpose, but im
properly applied to raise money to corrupt
them.
Two questions for the consideration of the
General Assembly arise on this la w, First—
Will the State receive her proportion of the
surplus upon the teims proposed? And seCound
ly—lt she so receive it, how shall it be disposed
of ?
As regards the first, I presume there can be
little or no difference of opinion, because, if
rejected, it would po to the other 'tates and
strengthen oppositon to any objection she
might urge against a measure already sustain
ed by an overwhelming majority- And as
there is no feasonall: ground to hope that all,
or even a majority ofthe States, will refuse to
receive the moi’ey, Georgia, by doing so, could
not, unaided ny her sister Slates, arrest the
operation of tie law, or give a sufficient rebuke
to Congress or thus sporting with the best
interests of he Republic. Under ihese cir
cumstances, be State will act with commenda
ble policy &voilate no Diinciple,ifshe receive
her proportbn of the. surplus revenue upon the
| terms and conditions prescribed in the act.
The second question is one upon which, it
is probalfe, there may he s >me diversity ot
opinion—not in regard to the nature of ti.e
State’s aterest in the fund and her obligation
o returi it, hut as to the mode of investing it.
Thenoney to be deposited is, and will con
tinue ti be, the property of the United States.
It mavbe that this fund is not intended to be
reclaimed, and unless war should cut off the
j revetae from commerce, it probably never will
be; hit, whatever may have been the real de
signof those who enacted the law, we will be
bouid by its terms, and should be prepared,
at. dltimes, to redeem the pledge it exacts.
| '.’he amount to be received by Georgia, will
. pr;b ibly be One Million of Dollars. This
I st.m, at a moderate interest, will yield an in.
cime which, added to the other revenue ofthe
State, will be sufficient to support the Govern
ment. I would, therefore, respectfully recom
mend that the fund be so disposed of as to make
it, by loan on good security, available, when
required, to redeem our pledge, and profitable
‘ lO' ■
whilst it. remains on deposite.
i These, fellow.citizens, are the principal sub-
I jects to which I have deemed it my duty, at
thistime, to call your attention, and I earnest
ly invite yoUr deliberate consideration of all
the topics of general interest to which I have
adverted. Other matters of less importance,
as also such as may arise during the session,
will be submitted to you in special communica.-
tions—and no exertions on my part sjgtijn
wanting to render you such aid
of your labors, as my
der proper or enable
ihacon
The committee of the Macon Rail Road
; Convention, to whom has been assigned the
duty of inquirings and reporting what means
are best calculated to bring about a harmo
nious and efficient co-operation of the various
sections and interests ofthe State, in construct
ing a system of Rail Roads connecting the
commercial cities of Georgia with the Ten
nessee river, have, in their consideration ofthe
subject been deeply conscious of its exceeding
magnitude and of its vital connexion with the
i permanent grandeur and prosperity of the
I State. When a commercial intercourse shall
once be opened by means of a judiciously de
vided system of Rail Roads between the seve.
ral leading places of trade in Georgia and the
navigable waters ofthe Tennessee river, it re
quires not the gift of prophecy to enable us to
foresee that a powerful impulse and vast ex
pansion will be immediately imparted to all
our resources of greatness and social improve
ment. The whole valley ot the Mississippi
and of the Ohio, comprising regions equal in
extent to two thirds of our entire country, ard
of unsurpassed fertility in productions different
from those mo-Icongenial to our own soil and
climate, would be thrown open to an easy,
cheap and rapid trade with us. Our com
merce in the direction ofthe West would know
no barrier short of the Rocky Mountains—in
that of the North it would find an easy access
tothe margins ofthe Great Lakes—to the East
i ofthe Mississippi and above the mouth ofthe
Ohio, the Al eghauy mountains would be its
only boundary—whilst below the mouth of the
Ohio, the navigation of the Mississippi and its
tributaries would invite and favor its transit
through extensive regions of kindred charac
ter and productions with our own.
For all this vast, various and fertile expanse
of country, nature has provided no avenue of
commerce with the rest of the world, save
that of the Mississippi river: An avenue, it is
trie, fully comporting- in point of physical
grandeur, with the magnificent extent ofterri
tory which it was destined to accommodate,
and adequate to the wants of that territory
whilst it was yet but slightly reclaimed from a.
slate of wilderness; but wholly insufficient for
the necessities of the present day. When the
forests have given place to c titivated fields,
and to the thick abodes of high civilization and
enterprising industry—so soon as society and
population in the valley of the Ohio and upper
Mississippi approximated to this stage iu their
onward progress, the disadvantages of a pent
position barred by mountains from commercial
access to the Atlantic States and seaports, be-
with grievous weight on the
q chniei...
’’yt6»j es W ere, in |
. '' el . l ßppreciate
.. ’' ■ . . ' '•uld ue-
df
uas
' patriotic solicits
our political uuiohs
interest, that prornji; • kJ
fancy of our ,Jns.
; lotisly to cherish and . f j;
1 * n g, ty' canals, the Oht _
! Atlantic streams of
! deliberately entertained, a> v|Sitroiii.
: sed by the Father of his cfiuntiyVWiikl not fail
to sink deep in the public mind. It germina
ted at length, and at this time it is seen in all
the great Atlantic States, from New Yotk to
Georgia, producing its benign fruits in works
of commercial connection with the West, ei
thcr already completed and in operation, or
I in a process of successful execution, or enga
i ging an anxious public attention preparatory
t to tiie commencement of active labors.
i The great State of New York st inds first in
point of time, and foremost in the grandeur
1 ai d success of her exertions to this end. She
. was stimulated to the work, not Jess by the pe
i culiar advantages of her geographical pot-ition
and features, than by the necessities of her in-
■ terior population, and her prescience of the
■ mighty benefits her commerce would tterive
from making the valley ofthe Ohio accessible
to her great emporium. The subsidence of
the Alleghany range of mountains into that
vast extent of plain country which spreads out
from the head of navigation, on the Hudson
river, to the borders of Lake Erie, invited and
facilitated the construction of her Grand Ca
nal. From the western termination of tne
canal, her commerce was carried, by the nav-'
igation of the Lake, to the shores of the State
of Ohio. Tne people of Ohio, taking up the
work in their own borders, soon executed a
chain of canals, connecting the Ohio river
with Lake Erie. So that by the joint result
of the internal improvements of New York and
Ohio, one great outlet embarrassed however,
bv much circuity, and numerous transhipments,
has been opened from the great West to the
Alantic coast.
Pennsylvania has vied actively with New
York in works of internal improvement for at
tracting the commodities and commerce of
the West to her borders; and her communica
• tions are now complete through a succession
of canals an<i rail roads. Virginia, Maryland
and South Carolina, as well as Pennsylvania,
have all distinctly entered the lists as compe
titors forthe same Western trade,upon which
New York hrs grown so great; but all these
States lack the felicity of position enjoyed by
N'-w York. The mountains tower up across
\ their path to the West. It is not until* We
r< ach Georgia, that we meet with any thing
analagous or comparable to the geograpical
facilities possessed by New York, for con
structing artificial channels of commerce with
the West. The dispersion and subsidence of
the mountains in the North-Western angle of
Georgia open away through our territory for
a connection of the Atlantic with the Missis
sippi waters, striking'y analagous but greatly
superior for all purposes of extensive trade
with the West, to that which New York owes
to the non-appearance of tha same mountain
chain across the rout of her great canal. A
canal of more than three hundred miles in
length, connects the steamboat and sloop navi
gation of the Hudson, not with the steamboat
navigation of the Ohio and all the Western
rivers, but only with that of Lake Erie, and
from the Lake, through several other chan
nels, and after divers transhipments at length
with the Ohio; whilst a single tru k of rail
road of from one hundred and ten to one hun
dred and thirty miles in length, branching off
into three prongs, varying from one hundred to
one hundred and fiftv or sixty miles in length
would connect our three main navigable
streams with a point on the Tennessee from
which we have an assurance of continuous
steam boat navigation througout the whole
length of the Ohio and Mississippi, and all their
tributaries.
In point of geographical position and cir
cumstances, then the advantages of Georgia
over New-York for forming artificial channels
of commerce with the West seem to be nr ither
shall or questionable, whilst her advantages in
the same regard over Pennsylvania, Virginia,
M a iylaiua|^^^^^^^Mta|^^risk2 un k
• . . . Sihoir
- ■■ ■ .. ". ■ vision
111 " • >
r"
enotmous expense with lines ofrail-r< o SJ^IU
i; g to the West, had nature vouchsafed to itiem
so direct and easy a pathway as that which
she has thrown open to Georgia.
W ill the people and government of Georgia
slight so benign and magnificent an overture
of nature in their favor? Will they refuse to
lend their own concurrence and co-operation
to effect a complete fulfilment of the grand
desti y which a partial Providence has put
so clearly and easily within their achievement?
Are they content that the State shad forever
r volve as a secondary otb, although manifest
ly entitled by her position and Capabilities to
assert her calms to the highest and most bril
liant sphere? Nay, more: are they willing
that comparative property, discomfort and
desolation shall have a perpetual reign over the
extensive domains of Georgia which might be
speedily and premaoently converted into seats
<>f wealth, high social improvement, and of a
d< rise and flourishing population by the simple
process of executing a system of internal im
provement which all approve and desire to
which the resources of the State are infinitely
more than adequate, and uhich, over and
above its ever flowing advantages in other
regards, would in the very next moment after
its completion more than repay to the people
the whole cost of constrction by the single
effect of the augmentation which it would
occasion in the value of their lands*
The committee have propounded these ques
tions which nothing but the future history of
Georgia can positively answer, not in the des
pondency ot doubt but in the fervour of confi
dence. Every consideration of patriotism
and enlightened self-love, all the vit ws of
sound policy and noble ambition by which a
great and sagacious people can be expected
to be governed, must fail, in our single case
of their usual and natural results, if the exe
cution of the great work referred to the com
mittee, bt not in a very few years placed be
yond doubt or contingency.
This confidence on the part ofthe committee
will not be considered as unwarrantably en
tertained, when a closer view is taken of the
character and extent of the proposed work,
the vastness of its utility and its almost equal
diffusion of benefits to all the various sections
and interests ofthe State.
Let it be remembered, then, that the' Big
Tennessee River to which it is proposed to
carry our contemplated system of rail roadsis
navaguble by Steam boats throughout its whole
length to its junction with he Ohio—with the
exception ofthe obstructions at the Muscle
Shoals. Around these shoals a rail road is
already built and it, use, and the construction
of a Steamboat canal is also far advanced,
which is expected to be soon made passable
by steamboats, and which when finished, will
furnish a constant steamboat navigation at all
seasons ofthe year.
Rosses Landing or some neighboring point
on the Tennessee river, just above the com-
ofthe passage ofthe river, through
uhe Cumberland Mountain, is thought to be the
gnost eligible place for the proposed rail road
to strike the Tennessee river. The Tennessee
from this point would be our channel of trade
" ilh the West and Southwest, seconded and
aided however by rail roads by which it is
contemplated in that quarter of the country’,,
to connect the Tennessee river with Memphis
Nashville and other importaift towns.
From Rosses Landing, the road coming in
this direction would proceed only five miles
before entering the territory of Georgia tU or
near Rossville, a place just within ear bounda
ry. It is a matter about whi hno doubt is
entertained by those w<»ll acquainted with the
localities of the country, that an excellent route
forthe road requiring not a single inclined
plane or stationary engine can be obtained
from Rosses Landing to sgsuo point on the