Newspaper Page Text
which preceded ii.
But the objection is not so confined to
the temporary characterof our tax lews,
or the consequent necessity of biennial
legislation upon thus object’, leaving the
public mind agitated and in doubt, but
to the inherent difficulty, if not impossi
bility of establishing a durable and per
manent system of finance upon errone
ous and unjust principles.
No system of taxation which does not
bear eqoally"' upon the property of the
whole people, ran be just. The proper-
iTmost nnparalleled efforts, the faithful
an J skilful contractors succeeded on the
31 si ultimo, in pushing the beading of
the tunnel entirely through the moun
tain. This achievement being the first
of the kind in the South, will stand as a
monument ol Georgia enterprise. The
mountains have yielded to our industry
and perseverauce, and the chief obsta
cle to the accomplishment of this great
work, is now overcome.
Before your adjournment, the comple-
inn of the Road may be looked to with
ufalltble certainty. The entire grading
ty of every citizen is equally protected • is finished, the track laid within seven
by law, and therefore, natural justice j miles, or less, of Chattanooga, and the
would seem fo demand that it should j (wo remaining unfinished bridges so far
contribute . equally to the support of! advanced, as to cause but a few days r
Government. The maxim that Kquali- ! delay in laving the rail.
iy ii Equity, is ppculmrly true in rais- j Th!5 „. m ' k being finished, the duty
iiig an income for the Slate ; and though J w j|j devolve upon you of enacting such
a wise discrimination in some instances i j. ivv ^ constituting an organized and au-
iii favor of specific properly,*\viih a j (horiiative system, for its government,
view of stimulating production in which w |,j c h this new state of things may, in
the public at large may have an interest |y our judgement, require. Heretofore,
' j it has been ihc policy of Georgia, tc
]; make the Executive the head and re
sponsible functionary to the people,
for the faithful management of your asy
lums, vour Penitentiary, and lately
your Public Works. The accumulation
of labor, mental ami physical, to say
equivalent to the surrender of its d
|Mtrlinn of.taxes, may be tolerated a) a
exception to the rule to be continue
for a season, yet these exceptions ii
not impair the essential, just and endu
mg principle of ad valorem taxation.
Individual or political rights are
equal with the poor and the rich ; in this
wisdom of completing the Road to the
Tennessee river?
In this picture, imperfect as it is, of
our present and future prosperity, let jus
not be unmindful that much yet remains
to be done to perfect and equalize, as
far as practicable, the advantages and
benefits of a judicious system of Internal
improvements, that will meet the wants
of every section. To travel on the
smooth path of psosperty, it is of vast
importance, that we keep steadily in |
view the sacred principles of good faith
to all men, and in all things; therefore,
let me, in the most respectful manner,
recommend that no temptation howev
er strong, induce you to permit the net
proceeds of the Rail-Road to be applied
to any other object, until the last farth
ing of the existing liens be fully dis
charged. When that is done, we have
an ample field for the exercise of a pow
erful element in the advancement oft he
social and intellectual condition of our
youth. By prudent economy and wise
forecast, the receipts from this Road, al
ter discharging the just charges against
it, will furish a fund by which a system
ol common schools can be extended
throughout the State.
It will be a proud day for Georgia,
when by her public improvements, the
conviction is brought home to all, that
every section of llje State'has been
re, peel thereciin lie no .tifiercnce; and, "ncidcn-^J'ihJlA^aKd'^XVrroay, eve , r >' s f c,i ™ ">® Sia:e h« been «.
.Iie^e.irn H . lax imputed a, nil, tr LhinaUon^.e™
tatisfied me that your Rail-Road,
it should be set apart and applied to ob
jects of education, in which all have
law for keeping the books, was .consid
ered so objectionable, by the Financial
Committee appointed at the close of the
last year, that they recommended a
change, which was adopted, with the
hope of presemiog the affairs of the In
stitution in a less complicated form, than
could be done under the mode hereto
fore used. .
In adopting the suggestion of the Com
mittee, the mode required by law was
not abandoned; and the Legislature will
by comparison be enabled to adopt the
one or the other as they may deem
advisable. The duties imposed upon
the Book-Keeper are onerous, and ex
perience has shewn the necessity for si
Salesman, whose ditty should be con
fined to the selling of the manufactured
articles, and the collecting of the debts.
The Penitentiary has, doubtless, sus
tained heavy losses from the system of
credits heretofore established ; it would
not be advisable, perhaps, suddenly to
change it ; but a period should be fixed
by law, when the discretion, in this re
spect should cease, ami it be made the
duty of the Book Keeper to put all out
standing debts in a train for collection.
It i3 believed the office of Inspector
may be abolished, and its duties per
formed by the Salesman, upon requisi
tion made of him by the Principal Keep
er. Much' dfVersity of opinion exists,
and wifi coriffnue,*doubtless, in refer-
drawn lots and fractional lots ungranted
bn the 1st of November 1848 ; but be
fore the sales were ordered, as required
by the act, it was made known to me
that many of the undrawn lots had been
sold under authority of law, and the
purchase money paid, and that quite a
number ol the uugranled (ractinual lots
had been Tully paid for by the original
or subsequent purchasers long anterior
to the period fixed ns a, limitation to is
suing grants. In most instances also
proof was adduced shewing that the
certificate of purchase had been trans
ferred from the original to subsequent
purchasers bona fide, and that the pres
ent owners were ignorant that the grants
had not issued flora the State. Be
coming satisfied that a large number of
worthy land holders were likely to lose
in many instances, their most valuable
real estate, from ignorance of the law
rather than a desire to delay or evade
the just claim of the State to the grant
fee, it was believed to be tn strict con
formity with the liberal policy and high
sense of justice exercised by the State
towards her citizens, to direct the sale
in all such cases to be suspended upon
the deposite of the grant fee with the
Treasurer, or agent appointed for that
purpose, and the production of satisfac
tory proofof ownership or interests in
the narky making the deposite.
the treatment best calculated to
lures, or Commerce : mid Drouder and ! produce reformation with the inmates
ST No min, wlMtever his
dement for the best interest ol toe wnoie. ui .inctrv mid his familiarity with the
iD
will donhilf.* niwtVrtske - the contemplated enterprise. . . .
Pubtv in el^^afttr alt that can be achieved I I would therefore recommend tha provision be
* nd conSd.o~^«rrol*no»n»m«H! ^ ; mm*. whtt |, cr „ „„ t
appeal to the pocket is; Mr. Wh
The siut.of 8C98 90 is Bow
Treasurer, on deposite. being the grant fees foi
hundred and twenty three nndrawn and fractional j sti
iiiliiiii luded, and the
wealthy, alone, will obtain high places of honor
and profit. When thia is the result, you may ex
pect bad laws, and, if the thing be possible, a worse
administration of them. With the hope that this
disease is not constitutional, but merely local in
its character, so far as onr State is concerned, I
would suggest one or two of a series of remedies,
which, if adopted, would do much in arresting the
further progress of the malady.
By the constitution of the State it is provided:
“ In'all elections by the People, the electors ahall
vote viva voce until the Legislature shall otherwise
direct.” The act of the 4th of December, 1799,
provided that^ll futnre elections by the People,
is respectfully s
the hands of the J should be*by ballot. Tht repeal of this act would
i of many evils that i
properly, ns it is his poiaona! or politi
cal right.-*, so in the same ratio as tbe
aggregate property ol one citizen ex
ceeds that of another, should your sys
tem of finance exact contribut
one over the other for the support
Government.
With these principle* kept in view, it j
.‘mains to be seen whether the present
1 * want of unitv ofac-ly our deliberations should be directed; imprisonment; they go out, in most in-
r ,k . - I they are worthy the consideration of the stances, as they come in—abandoned
±inSi,°ne sable K 1 H-A -en.nplishe.1. will j in feeling anil bankrn,,, in n.oral nrinci-
be mentioned tin
lion—the total abi , giaiesman anu „ occ ,
moving promptness indispensable to ef j conamaa j the admiration of posterity.! pie, at enmity with society, and
ficiency. and the inlolet.ee and ...alien- , By „„ „ cl of , he Legi , lmure , appro,-- ; ^aily commit lawless outrages upon
the dit
t of responsibility.
. . . . authorized, under certain rcstric-i when encouraged with the least hope,
Whether it is sate and proper to trust j jj ons> j 0 dispose of the W. and A. R.; however delusive, of escaping detec-
•mains In be seen whether the present I ~ -fXViintErne me to my* l'i“ V° a<1- ' V " houl questioning the expe-. - hat .here is n„„
vstem ofsneeific tix ition falls unenual- ma , n ’ 08 n l d ® co:ne me 10 8a Y’ ; diency ol the enactment at the lime ol
-3 stem ol speciItc taxation tans unequal lQ ^ cxpcc i c j ,hnt y OUr attention will; •. na „« w mav be «afelv assumed
ly upon different interests, anil there- L .. ' . . w i(h the hone I i P a f sa o e * ,l . ma y De - a,e, y assumed,
fore Iiniustlv and whether the nd-valo-! , directed to ttie sunject, wiirt tne nope t | ml |he lruc , nler ests of the State, as
«.....t i rnmM.tu ,hr» *> v iU ‘^at ,l w, N un ‘lcrgo a thorough• ,n Y c# . 11 - , well as the subsequent liens created by
rent system would remedy the evils ^ > well as ^ subsequent liens cn
iiinnntPil in exixt In reference i 8 a,,on » nm * SUUl . an ? e De matje Ior ! 13 law upon the Road, preclude, !
now supposed to exist, in rcitrenc g OV p rnmC nt, ns will best advance «ls m : n i*r a ii .u e Dr onrieivofa
to the gross and palpable tnequaltiy of f nterC3la# Connccled wilh lhe ad-! ® ,n ” °. "i?. . ®!*
by
, from the
. . , u ...u. w. ...w j — a sale up-
the ad-. on an y tcrmSf and especially such as
.he present In. law.‘it i, so univcrsully | 1 “ |„ r he mvern- 1 °" “ ny tCrmS ,'. "T “P® 01 ”!? J 01 '"- as
..... ncknnwledeed il.nl it J lls,mciu °- , a ,,,r '" e go'ern are contained in tho act. It .$ therefore
understood unit acknowledged. ,nn ‘“ men[ ol the Western and Allanlie [ j j that the 4lh 6lh Oil. and
Ighl be regarded ns a useless Railroad, may be considered the pro- ^hS^etinn, oi .ald act be renealed
ne ,o e, ! ,er .n,n .ny i dm L aded .m,e-l priely 0 f .leading a portion of the con- 7, 'S, C ncc o?opinio„ w hh ma„y
ferencc to I v,cls * :int ^ placing them qt Atlanta, or men, os to the true location
Manu r ac- 3omn convenient and suitable point on t | ie State Road, very naturally subjected
xunnu.ai i ,l. n n „ r n r,ha nnrnneo nf mflntifoo- - J
ineiVon^l'ii^suh'icck'^IMIlc'ohiems'o'f' P. rie,y of ; le ' ail ! n( ? “ P orlion “ , ,De con -1 A difference of opinion with many
fixation be considered in reference to I v,c,s » ant * P' ac,n S , ^ ern a* Atlanta, or (eHigem ment as ( 0 the true location of
Vorieulture Commerce or" Manu r ac- ' som J: COI J v ® n,c " 1 a,,d sudttble pom ton jhe State Road, very naturally subjected
,a?es I rinenoah,vis striking! ,llC . Roa , d -. f ° L r ,he P“ r ' > ° 8e . ? f man “ faC - the Corps of Engineers in ci.nrge nflhis
The clussifil.aliunof lands operates un- '“TLffoIming'generaX'sucl. wmkVi T°- k ‘° ^rong suspicions of consult.ng
iniilv* Lands of equal value, situated in ' a , J P err ' ,rInl "g generally such worlt as i| ie .r own, rather than the public inter-
diflefenlscctions^oltiie State, and in some the Road may requ.re. jest; wi.haview doubtless of remov-
instances in the same county, are subject . lr »*•» suggestion is followed, prov..- ing . as far as possible, alt tcmplat.oo
to n dillcrent tale of taxation; nor is it 1 10 " * h quld he made l.y law for the con- | r om the agents of the tslnle engaged ...
believed that any classification „f real j s '. ruc ' ,0 "-"t the point se eded, of suit- the prosecution of the work, as early
estate can he made that will remedy I building, for workshops and cells as December 183S, nn net was passed,
t’ is delect ! ^ or con ‘ ,uement * While it is conceded prescribing an additional oath to be ta-
The same remark is Irne of slaves, lha * '>'= adoption or the scheme sag-; ken by the Superintendent. Cqmmis-
on nil of whom is imposed a specific lax 1 gested, would involve . considerable , s.oners, Ch.ef and ass.slanl Eng.neers,
irrespective ol their true value-making | ettpcnd.tore, it is believed, if .1 be the by wl.ten these officers are prevented
the tax on ft slave worth one hundred P® 1 !®* “ r lh ® *>' al ® 10 work conv.c labor } from purchasing any real estate or ,nler-
d,.liars, .he same ns upon one word, a ®" ■*» « , mor ® , ®“ Ihere.n w..h.n three m.les of the
thhUMnd. Not only does this i.K-quniity : and p.ofitnhlo apphcot.nn ol a could Road. Whatever may have been the
exist* in regard to the agricultural j n . i not he made. Having briefly alluded necessity at that nine for aucli restric-
tercst, but when it is contrasted will, to some of the ennsiderations deserving
* - - your nonce in reference to the govern
ment of the road, there remain to be
presented others of cqu.il, if not great
er, magnitude. It was believed to be u
duty to indicate on the first opportuni
ty presented, which occurred just two
years ago, not merely my desire to see
the Rail Road finished to Chattanooga,
but that it be done without increasing
the public burdens, or creating the ne
cessity for increased taxation. The act
of 1847, appropriating three hundred
•Id, and such as
in undisposed of, under the two acts of the last
legislature, are respectfully submitted.
nttcd to the
and hisatten
„ -and Florida,” was trans-
ivernor of that State in April 1848,
i respectfully invited to the literal
the commercial, wc arc again astonish
ed Dl an inequality ns impolitic in prin
ciple, ns unwarrantable in its discrimi
nation. If Commerce is injurious to
the State, strike at it boldly ; but if
it is essential to the well being of tbe
people, conducive to their prosperity,
untl honorable in its aims and object,
abstain from all discriminations against
it. Instances might be multiplied, more
tully demonstrating lhe inequality efthe
present system of collecting taxes, but
insure your pntirnl investigation—the
result of which I cannot permit myself!
Moubl. The benefits resulting from
of the extension from Dalton to the ter
minus in Tennessee, contains
louni. J no uviicuis rcBuiimif inrui i • • • ■ • e
substituting of,he ».l valorem prin- ES* t"^"T£ l!'
lions, it will be admitted none such now
exists ; the Road is located ; the public
cannot be made to yield to private in
terests ; and the disabilities under which
this class of officers are placed, are not
called for by any corresponding good
to the public. Restrictions to the full
exercise of a citizen’s equal rights
should be cautiously, and seldom, if ev
er, adopted, and the reason for this pro
vision of law having long since ceased,
recommended that it be repealed
By reference to the Report of the
Chief Engineer, it will be seen that, from
the papers on file in his office, the right
of way for the Slate Road through about
two hundred tracts of land, has not
been obtained. It is to be regretted that
were not taken to secure this
^ikd<
th'r.I^fcrwoui J teto in- j *® r «l'ing»i»hing«ll existing hens on early steps were
vigomlc and stitnulale every branch „r">®•**>•'. wh.ch amounted to rhe sum of object, as ,t >s apparent the delay has
productive industry; In give quiet and °. n e h . u . u,lr ® d and ihuty thousand dollars.^ greatly molt.phed and tncreased the d.f-
aping
but there is another class, differ-
lly constituted, possessing keen sen
sibility, and a quick sense of honor;
who, impelled by strong feelings, and
not unfrequently by bad advisers, vio
late the criminal law; these, on reach
ing the inside of the prison wall, are
made the equals of the black-hearted
robber, the contemptible thief, and the
more dangerous character still, who
combines the two with talent, cunning,
daring boldness, and n large amount of
hypocricy, that readily adapts itself to
the lacerated feelings and deep morti
fication of the mor£ honorable. The ef
fect of such association is easily foie-
seen. In this point of view, I have no
doubt our whole system is radicaUy
wrong; there sbouldbe an entire separ
ation of the different classes of offender:
The present system of working all
the convicts together, and placing them
in all respects upon the same footing,
without any. power on the part of the
Principal Keeper to discriminate, ex
erts, in my judgement, on many, and es
pecially young men, a hurtful influence.
These suggestions are submitted with
great deferonpc to the sound and search
ing investigation of the Legislature—it
will be for you to determine, whether
the benefits reasonably to be anticipat
ed from the change, will justify the great
ly increased expense, that would neces- 1 thoi
sarily result from its adoption. 1
1 cannot too earnesily impress upon ( if OU r title tottie dispi
you the necessity of a thorough investi- ; it is to us, is deemed cle
cation into the affairs ofthe Penitentiary, opposition, we must ass«
tvith a view that i„ present and 1^7
mariagnment, may be laid before the . w ju receive my sanction,
country, and even-handed justice done i Copies ofthe Reports or the Commission*
to all who may have been or are now ‘ Dear snd Dnnib Asylum, sndof theTrnste
. , .v . Lunatic Asylum, are herewith laid before
connected withtt. These reports shew that both of these Institutions,
The last Legislature passed on act de- have been mannped with ability and eminent sne-
claring certain lands in the county of cess. To every philanthropic mind, these contri-
Ware forfeited In the State, and prov.d- j
isposmg of (he same. By the itf in \ wonderful manner, the achievement ofsci-
increased'by'theone mode over the other.
It is also recommended, that it be made the duty
of the Circuit Judges, to give in special charge to
the Grand Juries of the respective counties the
substance of such Statutes as impose penalties
for illegal voting, or bnying or selling votes. Let
suitable provision he made for the enforcement of
the Statutes now in force, or otherwise repeal
them.
mired, all oaths required by law, and all penal-
ble adjui . . . .
n*y pending between the two States. No ties affixed for their violation, whether in the shape
Isowever was made, or definite action taken, of fines, forfeitures, or disqualification for office,
by the authority of that State until the past winter, i had better he repealed, if thay are not to he tigidlv
\vhen the subject was referred to its Legislature in ! enforced. Where the first step should be taken,
the annual message of Governor Moscly. in terms so ; will readily occur to you.
commendatory ot the plan proposed for final adjust- It is believed that onr laws regulating the sal-
■nont by ibis State, that tbe hope was entertained | tries of the different officers of the State, requi"
that I should be enabled to lay before you at tbe | revision.
present session, tbe gratifying intelligence that a fi-1 As a general rule, it may be assumed as sound
nal adjustment upon terms honorable to both States, economy that the Stale should secure the best ser-
hadbcenconsummated. The Legislature of Florida, | vices at the lowest reasonable compensation; but,
however, thought proper to disregard the concilia-1 is it true, that low salaries secure, in every instance,
lory spirit and desire of this State to preserve ami- the requisite qualifications 1 True economy con-
cable relations, as manifested by the Report and J sists more, in securing the efficient ami faithful
Resolutions ol December 1847, and adopted resolu- j discharge of public duty tha:
tions deemed hy me discourteous to the kindly feel- to the State of the difference between reasonable
ings and high sense of honor which had character- and inadequate compensation. ‘‘The laborer is
ized our legislative action on the subject, and virto-1 worthy of his hire,” is a sound principle of the
ally closing the door upon all future attemps at j highest authority,-
bnlitted to your consideration.
From information lodged in this Department, it
believed that the connty of Casa has incurred
heavy expenditures in providing for the' comfort
and protection of a number of her citiz^ns^'ho 1
were attacked with Small-pox, and in preventing
the spread of the disease as far as possible. Where
a calamity so great has fallen upon the citizens of
a county, in view of the derangement of all busi
ness pursuits that ensues, and the distretsof mind
that more or less communicates itself to the sur
rounding community, previous Legislatures. have
deemed it proper to make a suitable appropriation
from the Treasury for the relief of tbe county. The
subject is submitted to yonr consideration, with
the belief that a liberal provision will be made for
the relief of that connty,'worthy of the sympathy
of the State for the sever* visitation upon a portion
of her citizens. 1
Under a resolution ol the last General Assembly,
directing me ** to appoint three suitablo persons as
Committee to inquire into the state of Education
..i Georgia, to report to the present Legislature on
the operation ofthe present Poor School law, and
lo recommend any alteration u( the same that may
.seem advisable, and for fkther purposes,” the Hon.
A. II. Chappell, Bishop Elliot, and Dr. Leonidas B.
Mercer, were appointed.
The hope is entertained, that the report of the
committee will be made to yon, as contemplated by
the resolution. The subject is one of vast
portancp, and I trust will engage a liberal slia
yonr consideration.
Feeling however, that by the ti f
lion.it was intended to obtain information from
the committee, rather than the Executive, to - that
source I respectlully commend yon.
I felt it my duty to withhold my approval of two
acta of the last General Assembly and one resolu
tion which are herewith transmitted to the respec
tive branches ofthe legislature in which they origi
nated, with my objections to each.
The law giving jurisdiction to the Inferior Court
in the trial of slaves lor capital offences, is believed
to be defective. The Justices of this Court are
usually selected from the citizens of the respective
counties, without special reference to their legal
attainments :—and to impose upon them the re
sponsibility of deciding complicated and vexed
at share ol
tbe r^oln-
friendly adjustment. A copy of the Resolutii
was transmitted to me by Governor Mosely, accom
panied by a communication under date 6th Februa
ry 1849, to which my reply was made in March
last. Since then no correspondence has taken
place between the authorities of the two States, and
iko official information has been received at this
Department on the subject.
The state ofthe question as it now exists, is the
result of no ill temper or liberal exaction on the
part of the Executive of Georgia—bnt, on the con
trary, with an indulgent feeling necessary to yield
ing implicit credence in the good faith with which
oury oung sister advanced her claim,every consider
ation, consistent with a conciouaness of righ and n re
collection of the most sacred ties of blood and friend
ship, was urged to bring this vexed question to a
• speedy adjustment. Entertaining the opinion ex
pressed in my last letter to Governor Mosely, a
copy of which with all the correspondence on the
subject is herewith transmitted, I do not feel author
ized to recommend any lurther attempt on the part
ifthis State at negotiation, until invited by the au-
embodies the eh
....8 economy, as well as natureal justice. It is
not the lowest salary that is always the cheapest
to the public; it is the most faithful, able, and
efficient discharge of public duties, that is cheapest
in the end ; it is this the public are wklling to pay
for; and anything short ot this, no matter at what
price, in dollars and cents, it may be obtained, so far
as the public is concerned, is the most extravagant
salary that is paid.
policy for you to purr
each office such salery, or perqui*
mand high qualifacations. pure ct
siness habits, and to hold all olh
igid discharge of duty, under f
of Florida.
What becomes your duty, should you believe the
negotiation closed, will readily sugget ‘
the disputed territory,
itself,
jrthless
nd beyond successful
f, is to affix to
table penalties
I have laid the foundation,
icd out in all its ramifica-
of happy results in elevat-
State and people, by less-
resting, the scramble for
office known to exfst in some sections of the Un
ion, and the germ of which may take root in our own
ystein which, if ca'
, must be prpdaetiv
ing the character of on
ing, if not entirety a
reliable mode of attaining the ends of justice hy a
lair trial in the due course of law. It is therefore
respectfully recommended that in the trial of slaves
and free persons of color, for all ofiences declared
capital, jurisdiction be given to the Superior Court ;
and that such modification of existing laws bo
this change of jurisdiction will require.
In this connertion, it may !>e well considered
the 12th Section ofthe 13th Divi
nal C«»de, in relation to crnel treatment of
hy their owners, should not be amended.—
confidence to the different interests by
equalizing the burdens of Government *
»«» secure lo your Treasury, at all times
and under'(ill circumstances, adequate
mentis to nicct nil the exigencies of tbe
State; to dimmish the taxes by raising
no more money than is needed, relieving
the poor by throwing the burden of tax
ation u|M»n the property of the more
wealthy > placing vour public credit be-
y«:fid tbe reach of false friends or open
enemies; inspiring tbe people with confi
dence in- tbe government; substituting
equal and just laws for unequal, unjust
and oppressive ones.
should be applied to the payment of • ficuliy of its accomplishment. Of this
said debt. Believing then, as now, if j number, one hundred and sixty-eight
by loaning the credit ol the State,
form of its securities payable at
this Stale, the balance in Tennes
see. Under the existing law, except in
day, the completion of the Road could ' cases where the amount of damage is
be accomplished, that the increased re- ; agreed upon by the Chief Engineer and
ceipts thereby secured, would not on- claimant, there is no authority, or fund
ly relieve the Legislature from the ne- 1 provided for its payment; and as a large
cessily of providing for their payment j majority of the cases are most likely to
by tnx'ation, hut that an income from this be accommodated by a submission lo
source might be relied upon to aid in t referees, as now provided hy law, au-
the liquidation of the pre-existing debt, thority should be given the Chief Engi-
1 fell no hesitation in giving the bill my ( necr to make such payments out of the
sanction. What was belief at that proceeds of the Road, nr a specific sum
time has assumed the more solid form of j appropriated from the Treasury for that
, that befall c
State Road, a* well os some ofthe officers connec
ed with the Penitentiary, may well claim yo:
attention. They should, at least, be equalized, i
as to tear some just proportion lo the character of
the labor, both mental and physical, performed.—
No officers engaged in the public service, are enti
tled to more consideration ot your hands, than the
Secretaries of the Executive Deportment; theirdu-
ties are not only onerous, but often complicated, and
none but rnen of mind and business habits, con dis
charge them with safety to the public or satis
faction to the Executive; and yet their salanes
are six hundred dollars less than those of the oth
er officers connected with the State House. For
this inequality there can be no sufficient reason as
signed.
By law, no salary is fixed foi^Messenger ■-
where the power has been exercised, it
was apprehended any attempt toca:ry
out tho provisions of the law, would
have involved the State in expensive lit
igation in ull that class of cases where
the entire purchase money had been
paid. The responsibility was assumed
,, , „ of allowing the owners to cotnc for-
TItt'se may lie r.gar<lc.l a. .nine of a > Then, as now, the line of purpose. | ward within a reasonable lime, and by
the hanny fruit, to bo produced by the ! n«l»W , waa , bal "®® '> uadr ®*' miles;— . From lhe Rcport of lhe Pr.nc.pal; paying into tbe Treasury the usual fee
ironosetl chnnee | the receipts tnen os compared with the Keeper of the Penitentiary, which will j to obtain grants. By the adoption of
Can it be believed that the people, I lasH'™ year*, ending 3°th ultimo, shew j be transmitted, it will lie seen that the this policy, so uniformly observed by the
so deepely interested in this measure, • a J increase of the present over last year j balance in favor of profit, from the 3d j State in reference to the grantingof pub-
will ool giw ii their warm and cordial
kkupponr To- think otherwise would
l»c a reflection upon their intelligence,
and to doubt llieir devotion to the best
interest of the State; such aii opinion
others may entertain, but it can receive
no countenance from me.
The .Reports of the Chief Engineer of
ed for disposing of the same. By the I
provisions of the Statute the lands sold | cnce over the heaviest affli
under an act of the General Assembly, specie*. Founded, as they are.jn me .warmest such an officer ha* been found
passed 23d December 1333, and which ! j™"' 1 -* H.nd p.id ... of th.
were not paid for and granted at I 1 '® i liberal means to ril.argo .nd improve tho rpherr of I “ un,l f' ,a '“"j 1 -
passage of the law, were declared lo be j its nsetulneas. In such works of charity, propos- ontier lhe Executive to be chanted Under *
forfeited. If tbe power be conceded to! ing and meking the reliefer the most ^fortunate. ".S*" 1 ." 1 Ex«0Uv. to be charged Under
the Legislature to rescind at pleasure a but to explore the field of operationVor the
contract made with her citizens for the | advancement of each institution, consult your abili-
il! not take you to the most distant
could desire, be found on the road ms
, ior winner ns a proper regard for other great inter-
licet ed egt w j|j j, ls t|fy y 00 j n going.
defective, and
by the passage of
ubtlees to protect
* Mave Irom cruel treatment upon the part of
> owner or authorized agent, mnl though the
tances of the violation of the Statute ere rare, yet,
mist be conceded that conviction* will eeldom be
had under it.’iio unguarded ia the language employ
ed in defining the offence. In ciery content in
volving the treatment ol the ma-ter to hi* slave, the
advantage of the former over the letter i* Apparent,
and hence the propriety, if it i* intended to carry
out thia humane policy by hnpneing- penalties on
the owner, authorized agent, or stranger, who may
be guilty of this offence, to define with accuracy
the treatment which shall be regarded a* cruel, as
well as the evidence which should authorize a con-
In the present excited state of the public mind
upon the subject of slavery, throughout the Union,
it is believed to be the duty of the legislature to
review previous legislation upon the subject, and ho
modify and change the same as to demonstrate to
the world, that while we are actuated by a humane
and Christian policy in protecting this portion of
our population by wholesome law*, we will by
equally salutary provisions, hbwever rigorous the
necessity of the case may require, enforce perfect
subordination with the slave, and inflict the most
exemplary punishment upon those who seek, witht-
in our jurisdiction, to interfere with onr domesti-
It is worthy of consideration, whether the punish
ment for negro stealing should not be made capital.
Its frequent occurrence of late by persona from oth
er States, admonishes us that strong measures
J should be adopted to arrest the evil Those guilty
ifthis nefarious crimo within our limits must bo
made to feel the vengeance of tho law. Let
policy be * ”
purchase of lands, without previous no- i ty, and it it will
lice ofsucl. iatcn.ion, still ..a .1. • act in ^ r "" h d ?,K°.“.7
question is the only instance ° 1
t will justify you in going.
The Militia law* of the State
e failure under them,
ith a proper
kvement,
with the expendi
foreseen, and for which, therefor
be made.
In recurring to the sources of
none is more striking than the estaunanmcni «». •
Supreme Court for the correction of errors in law.
While its present orginization may in some respects
be defective, the ability and integrity of the Court
_ . , . a sure guarantee of its future usefulm ,T-!r
n, to inspire officers and pn- ( >ni j • • *-
lilitarv ap.rit. haa been an nf- !
the rights of all
. Unifor
the adi
the*breast of the good citi
mswmx ...C.S.O.. w. J confidence that tbe rights of all will
urea, by those that have preceded me, that the ( and . tic . fuUy administered, which
iubject is now alluded to with a j conducive to the peace, good order, and moral
adoption of any system that will give efficiency to
our militia force. If it be desirable, to impart to jn(
the whole or a portion of our people, capable of i r
.1 i i i „r ...... l
> the Treasury
f 14 per cent, anti 47 per cent, increase i j an . f 1843, to tlie close of the fiscal j lie lands, the'feceipts
over the year \S$L, This shew*^ the year, is suited to be $31,353 69.- This j were -sttf detd¥4nu#Mt*M.act -of
wonderful and progressive develop- j f act j 3 t | ie (, eS ( evidence, of the ability justice done tne purchasers, and much*
meats of the resource* of our Stale, in ! w i,|, which the institution has beeiillitigation avoided. thal .wooldhave*-#*-
t wo years by meo as of the stimulus of j managed. Great attention has been j suited, as it is believed, prejudicial
this Rnad.jielirig mainly upon our own ! pn j d IO strict economy, and no expendi- j tbe State. A small portion of this class
lhe al-| !lirc 0 f m oney has been made not abso- of cases were not granted within the
irons
ill be protected
-hich is greatly
sr, and moral a cl
ient of society. In view, however, of the
increasing labor that is likely to devolve upon the
, , , f. . -. - ,. , . Court, it may well be considered whether the in-
knowledge or their o»e, which , o| „ we ,| „j urtic „ the J,,dj.fi.
them to perform (toad bib' f»' nnt ,he prapriwy of diminiahi„ E lhe
State in the hour of need, some other l o >n i number of places, at which it is now necessary to
present plan of organization and training should be | , |(>!d |he Coort to the num bcr prescribed in the
adopted. .1 Constitution-and thereby convert the lime now %
I suggest that the whole of our I occupied in traveling to different points, to the | ho!!li , e loUie institution of slavery ;
jeet to per.orm milnary duty, be di vdcd into three | m(jre j (<s j ra i l j e O w oc t 0 | investigating and deciding •
■ i C « each of which to be trained and disciplined . Ucated and g ravc qiie stions of law.
£ x i The i..>a.p.«
warning, to be called . into i
ked with kindness tr
who dares invade the citizen's right
i^er ordinary circumstances, I should abstain
m introducing any topic not strictly local in it*
aracter ; but there are great and paramount in
terests, enjoyed by us in common with a portion
>f the States of tho confederacy, which requre
constant vigilence and great moral firmness to^ro-
ct from Federal encroachments.
When aggression from this quarter is perpetrat-
,or the danger imminent, the Executive should
communicate the same to the Representatives of
the People, in-terms of becoming forbearance and
moderation, and suggest the adoption of such mea
sures as public interest demands.
A fell spirit'of blind and infuriated fanaticism,
ever turbulent- and disorganizing in its tendency,
haa displayed itself, to a greater or less extent, in
most, if not all, of the non-slaveliolding States of
the Union, on the question ol slavery.
Contemptible as we regarded this spirit upon its
first devclopement, we have reached the point, in a
tew years when it may be assumed as incontrovcrli-
bly true, that a controlling majority ofthe voters in
r r if not all, the non-shivehuIJing States,
— . ... . , „ u .-.ile to the institution qfs'
desirable, object ol investigating and deciding j disguised that the abolitionists, under tl
1 1 of the ” Freesoil -Party,”‘are resolved, tty every
means that wicked hearta^an devise, to torture, an-
noy.and iiarrass the slave-holder, until the institutioa
itself is abolished, or the value of the slaves de-
ilroycd, unless we arrest it. As a proof of the ul-
• Court of Ordinary, has been productive ot incon-
1 vcnience in practice, and, in some instances, given
the Western and Atlantic Rail Road,
people. The 1 vqllies bet we
most innumerable ledges of mountains • lutely required. Though it was not hn-
to be met with in this section of the | ijcipntcd, I apprelfenrf, in substituting
required bv Uw for the last two fiscal! Stale, containing large tracts of land Penitentiary punishment for the pillory Where the entire purchase money had
years with lh« 'accompanying docu-! 'q aa > 'i"/erliliiy tu nny in lhe va Hey°f and whipping post, rhal convict labor
•neon, are lirrevvjd, iranliniTred. I, the Missis.-mpi.have been b.lherlolocked ■■ -
must imvo a source ol graiifieatioi, to ® ad « ''J !">'"««; the
,Y f: r - imnrr.emorn t„ inhabitants, from almost tnsurmounla-
qvery frirnd i.f internal improvement, to! " , I ,,a ,, ' ai, f;. ' -, ... . f
see ibe progress iviih which this „,rf,le, M® d '®®"»'« ■" •* »“■"* a ma ' k ®<
work til advanced almost to final com- were deleted from all eflor. lo produce
,,lotion: retarded as it has been, from 1'»«® b b ®y®" d tk ® reou.rement. of do-
lhe period of ii. inception to the prese.il ">®*"® co.isumpl.on; but now they arc
momenirtiv obstacle, the most ember- being eronsed ^lo ectmn and to enter-
mssing. Whatever difference of opm-; P"*e by the sumidaling and magic infia-
jpu nmy hive existed in the public mind,,'®®® of accessibility to the markets of
I,ere,oh,rc. ii reganl to this work, il i. ",c world- None can anticipate the ca
irn™ confidently ottlieved that all sec- P»®»y ? f,, »* mleresl.ng region for agn-
linns of the Stale are prepared to st.net ® a »"™l pr<«l"®>*. " *»y "»>bin S of n.
hy ii—and, l,v a liberal ..,<1 wi« policy, mines an J mmerals. If this be true,
..•.extend ilia! fostering care, wticb In ?"<! « b ® receipts of ourRail-Road prove
the cud will jtbumlaimy toward MjaH
for the heavy expenditure of their nm
«y in Its coostrucikMi and equipment. . . ■.,
7 Tbc certainly of an early^completion reginns of Tennessee, are aroused by
nf ibis Road.is no longer problematical.: ,Iie mtluccments of a home market at
This opinon is firmed, not merely from! remunerating prees? Will not the
she annual report of that able and effi-, effbrts be invigorated, and shall we ...
cient officer, the Chief Engineer, but!*®*; <1* a »®l""S or. commerce
from a recchl communication received j d “"" from «l>?t region to such
from him. comaining ,be
.time prescribed by the Executive order
passed, whrch remain undisposed of.—
must be gratifying to know, that, under
ordinary circumstances, it$ affairs may
he conducted .so ns to prevent ’it from
being a charge upon the Stale. For the
last two years, ibis has been done, nod
the procetds of ihe 'convicl labor exhib
it, il is believed, a greater profit for the
same time, than at any former period.
No appropriation was made by the last
Legislature for the support of the Pen
itentiary.' This is the first instance, for
many years, when aid from the Treas
ury has not been asked for and granted;
nor wiltany appropriation be required
for the next two years; it is believed a
sufficient sum can be realized from the
assets to meet all exigencies that may
arise.
In contrasting the indebtedness con
traded since January, 184S, with that
for a like period of former years, and
the some favorable result is observed.
Several suggestions aro made by the
Principal Keeper, deserving your con
sideration. The tnodc prescribed by
not been paid, the power, as well
propriety, of the law declaring them for
feited, was regarded as less questiona
ble; but upon a careful examination oi
lhe provisions of the act, ft was believ
ed the ex,)ense,llie Slate would incur in
causing the sale to . take place, would
absorb the receipts, or so nearly so, as
to render it ilesirable to postpone all ac
tion, nnd refer the subject to the present
Legislature, with, the view of having
such amendatory legislation, as would
diminish the expense of selling, and se
cure whh greater certainty a fuir equiv-
alent for the lands when sold.
It is niy-dblj l» bring to.your notice
the situation of a large number of frae-
tion owners, whose lands weje forfeited
by the act “to authorize the Governor
to appoint fif and proper persons to sell
the undrawn lots in the - land lotteries
heretofore had in this State, and lo limit
the lime for fraction purchasers to pay
for and lake out grants.” passed at the
last Session of the Legislature.^ "
The Surveyor General Jurnished ibis
Department with the number of
would have tn be paid ; and to resolt in much good, C *'Theruteshe* uld be uniform throughout the State, : a bolder
the e^mpment and protracted dnH<. d . February or March , lhat won ld : their ne
well i
ible bodied
bound to contribute to the State inservice, as
money, his due quota, the total exemption
jIm.. , n j j secure to tne new woun —. they have asserted, with consummate effronterv,
’ ,,, "in d .hi I, v or defi?S* actnal ex-' w would be still more desirable, this election ■ that slavery shall never exist in the present or fi,
wo., d seim nroLr for tte'm ° The details - should be referred directly to the people, as to the ture territories of the United States; that beyom*
rvtoca^voEtTe Dl.nDro^oJd.rVSn-! ofthe clerk, of the Superior and Itfenor ; i, 8 present limits it shall not be extended, tfero,
ry I ca y p ^ Courts. , fore virtually claiming to aiipropriate to the cxclu.
From a communication, directed to me by George sivc use of the pon-shiveholding States and their
L. Deming. Secretary and Treasurer of the Board' cjtisens the territories now held, or hereaiter to bo
of Commissioner* appointed under the authority ol; acquired, by the United . States. In accordance
an act of the General Assembly,passed in 1836. ap- j with these views, they have, -through their- Repre,
propriatihg §10;000 for the improvement of tho w?illative* from those Etatea introduced iind passed,
navigation of tbe Ocowe river, it appearstbat there jj 0 the Uor.sc of Repreaenfotifes ol the United
is an.unexpended balance in his hand* of 82.289,39,, States that notorious measure, known a*1he “ WiU
which he proposes to return to the Treasury, upon J mo( proviso.”
the passage of a law, or joint resolation, directing j Nor have they stopped at this;—one aggression
him to do so. I recommend, with great pleasure, ( U quickly succeeded by another. And we havo
prompt action by you in accordance with the propo- j seen, the deliterat e effort made in Congress to abol,
sition of lhe Secy, and Treasurer—a copy of whose: jj, in the District of Columbia;, and the
communication .accompanied by an account current, j slave-trade betxveenthe several States where-slave-
giTa'R'Ki^ligjpffy*- -
from all military duty for twelve years in the plan
proposed, except under the casoalities referred to,
would compensate, in a great measure, for the ex-
ira toil and labor ol the term of service proposed ;
while,on the other hand, more reliance could bo
placed upon one-third of the effective force, thor
oughly trained, for prompt and immediate action,
than upon the whole under the present organisation,
In governments where the popular will is con
sulted npon questions affectingthc public weal, it is
deemed of great moment .to attain ^this^ object in
and irritating excitement. Under our free instiln- i ’ The necessity for a new and revised D'jjwt ef. of thw» several mresnres, or any one ot tnero con-
tiofts especially, it is expected of every individual, I tbe Statute Uws oi tbe State, combintng melhod in J !SL‘ ,e
in the exercise ofthe right of suffrage, that he will j the arrangement ol the subject* with accuracy, has States >0 adopting immediatemeasures for ~theix
be.gorerned by reason rather than prejudice, try \ been long felt i *'.work of this character is not only prtservatioa. or be no doubt that it
patriotism rather than partisan zeal; nor shou ld we ' desirable but absolutely necessary. The ,™bo r . *?»
be unmindful- th3t' nnnn each voter rests the re- 1 executing thia task has teen u overtaken by rhomas
sponcibility of deciding for himself questions of a R. R. Cobb,E*q’r. U is proposed to bring the corn-
political character touching the welfare pf the- pilation down to the present time, with copious ana
I ry uow exists. Whether the passage b:
f — l
mszt
•viol;
- States, by StatutQ
urrent of their judicial decisions, in open
' '• cofixtitutiua
\n many
an express protifioo of 1fcc