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VOLUME IV.
SAVANNAH, GEORGIA, WEDNESDAY MORNING, NOVEMBER 9, 1853
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fill DAILY NEWS.
GOVERNOR'S MESSAGE.
executive department, ;
Millrdokville, Nov. 8, 1853. >
tlleie-citiiens of the Senate and
/Ionic of Representatives:
In discharge o imy constitutional duty, 1
rucred to lay before you such metiers as
mu Id receive your atteirtton d urine the pro*
hi sciSMioti of the General Assembly.
On Iho twentieth day of October 1851, the
ublic debt amounted to $1,087,472.22. By
eacluf December 4lli, 1851, ratifying the
uiract of my predecessor and the Chief En-
neer of the Western & Atlantic Rail Road,
r the purchase of iron (or the Sure Rued, it
a< increased $200,000. By act of Janoary
!ih, 1852, providing for the repairs and equip-
cut of said Hoad, it was atilMurther increased
e sum uI $525,000—and by Iho act authuriz-
g e subscription to the Miilcdgevillo and
mJim Kail Rood, there was added the
in of $20,000, making the total amount of
2State debt $2,432,472.22. To this amount
mild be added the bonded debt of the Central
ilk, which is now $309,500; having been
uinished by the payment of $5,500, siuco (hr
.November 1851. The total liability of the
: is thus seen to bo $2,801,972.22, from
li most be deducted the sum ol $100,500,
h has been paid during tho past two
ira, under the provisions of tho uct of Feb-
try lllli, 1850, providing for an annual
iking Fund for the payment of the public
it. The present debt of (ho Citato therefore
‘2,035,472.22.
l lio beads authorized by the act 4th Decern-
r, 1851, were made payable at tho State
leosury, and tho interest payable semi-antra-
;ly at tbe bank of tho Stale of Georgia in So-
innuli. Those bonds were negotiated for a
inniuin averaging about two per cent. 1
a* satisfied that our bonds tdiould commund
higher premium, and finding upon an in-
ifMigatiou ot llio subject, tliut u inuro advanta-
teous negotiation could be effected, by inuk-
ngthein payable in Now York,—1 caused the
nds issued underact of January 12th 1852,
he mude payable at the Bank of the ttepub-
in the city of New York. They were ne*
listed at a premium of 5 per cent. It is the
irst instance in which our Suite securities had
?q disposed of at uny premium, and itshould
gratifying to our State pride to know, that
lie bonds oi our Stato now Blond among the
iint sec aril m b of their clast. Tim bnmU ol nn
i tho Union command more of the con-
Jence of capitalists who seek n safo invest-
nt of their funds. This confidence is not
qilaced, for no State in the Uitioit has more
iDide means to meet its liabilities, nud no
:ople sro more teuacious of the credit and
inor of their Slate, than our own.
As tho interest of a portion ol our bonds lies
he puid iu New York, it becomes necessary
r iho Treasurer to keep on deposit there, a
ullicient sum of money to meet the intoreat as
hills due. This has boen done under my di
ction. If any doubt exists as to the povvui
proptiety of this course—it would be ad-
sable that nil such doubts should be quieted
passing a low authorizing such deposits to
made. Tho necessity of it is so obvious,
iut 1 deem it unnecessary to pruseul any ar-
utnent in support of the recommendation,
ireler you to tho accomnayniug report of
o Treasurer, in which will bo found a tabu-
r statement of tho public debt, showing at
hat time cacit portion of it will fall duo.—
tom this statement you will find that a very
tge portion of our debts will become due
mui the same time. This mutter should re-
e the attention of yourselves os well as
r successors, in ordor that by a course ol
R and judicious legislation, tho payment of
bonds may be anticipated, otherwise we
old be called upon to tuako very large pay-
ents, within a vory short period, which
ould lead either to burdensome taxation, or
extension of tlm time for tho eventual li-
idation of our liabilities. Both results can
d ought to be avoided. In tho present pros*
rous condition of our State affairs, there will
no difficulty in creating a Sinking Fund,
nicii will entirely discharge tho public debt,
“lure it shall liavo fallen due. There should
additional legislation of this subject, giving
■ Executive full power and disermiou to ap-
upriate the Hiirplus means of the Trent-
y to tho purchase of our bonds undor such
“motions as your judgment may doom ad*
*abie. The present luw leaves the question
Homo doubt, whether or uot the legisla
te intended any premium should be paid by
Slate in tho purchase of bonds not yet due.
“ch however is tho present high character of
"*f Stato securities with all classes of enpi-
that it is impossible to obtain them at
llr * As long as individuals are willing to pay
premium lor these bonds, so long will tho
also be compelled to pay a premium for
lc h as ah« may wish to redeem in advance,
have thought it advisable to make the pur-
'ine at a soiull premium, to the amount re-
l ured by law fo be annually redeemed. There
■ no other safe investment of a Sinking Fund,
ml as a matter of economy it is better to pay
be premium, than to allow ilia money to re*
““in undisposed of in the Treasury, templing
lie Legislature either to unnecessary and
{asteful expenditures or to an unwise reduo*
bin of taxes. I call your attention pnrticu-
°‘ly lo this subject, that such laws tnay be
“n«ed as will carry out tho public wilt iu re-
; »ence to it.
The Central Bankt-
Ny the act of December 10, 1851,1 was nu-
forised to transfer the assets of the Central
nk to the Treasury, when in my discretion
! interests of the Stale should require it.-—
lieving that there was no lunger any neces-
;I y for continuing that institution in existence
j'any other purpose than to wind up and
,0 *e its business, 1 appointed the commission
mliorised by tho foregoing act, to investigate
condition of tho Bank, and transfer its ro
wing oasbte to the Treasury. 1 herewith
“•ninit their report from which it will be s#en
''at wag the condition of the Bank at that
ie . The accompanying report of the Treaau-
w ill exhibit its present condition, us well as
iterations since it hns boen transferred into
bands. There are yet outstanding many
bts, some of which will be collected, but
**n ilia larger portion nothing will over be
Qlized by the tiiate, and it becomes a matter
^ your consideration, what disposition shall
’ made of its remaining and unavailable as-
and also what provision shall be made
r meeting and discharging ila liabilities.-—
I»nn a careful examination of tho affairs of
ie liank, 1 am satisfied, that after exhausting
™.*°urcos. there will bo loft the amount
fobJ.oOO, which must bo paid from tho
reasurv. It in f or this reason that 1 have
‘ceu the bonds of the Bank in tho compute-
°. r, be public debt, which I have already
J“5 ,l *ed to you. 1 would recommend that
e ^*ccutise be authorised to take up these
'’Mnd luuttaiiolirSiiM bonds in their
., ' Provided satisfactory arrangements can
ri r.- ft l ^ ,e Present holders of them. In
•teion to this amount it will be necessary for
he. ° hy law for the payment of about
0rf “ ,n ®^I$-J0,000. This eipount lias been
( Jtowtjd by the I reaaurcr, under my direc-
,g\ n , ,p ® t the accruing interest on the Cen-
,i Dsnk bonds, tbe funds of the Bank falling
v to lh .V araou ® t * »<«P was ncccsss-
oj; - lbc 0t ft- 6 ^ ,at6 » 11 ^ese
us are regarded m public estimation as a
•art of the public debt, and if we had failed to
hlf * P®'d this interest Promptly, the effect
would have been to have depreciated the gen-
..ml il O. 1 6
, . . — - J ry long
er with the reinainiug assets of the Central
Bank, which will continue worthless and un
available as long as they remain the propertv
of the Bute. I know ol no better disposition
that could be made of them than by selling
them for whatever they would bring. To
keep them and attempt their collection, would
involve the Btate in continued expense and
litigation, without any remunerating benefit
* The Trcaiury.
I ho accompanying report of the Treasurer
will give you a clear and eailsfkctory account
ol the operations of that Depnrtinent during
tho past two years. You will observe that
this report is complicated with a useless state
ment ol unavailable assets in the Treasury.—
these stereotyped items have been'repeated
from time to time, without the slightest benefit
to the Slate, throwing no light upon the con
dition of iho Treasury, and leading to no pos
sible bonoficial result. As long however as nc
action is had by your body on the subjoct,
it will bo necessary for tho Treasurer to
encumber tiis report with them. 1 re
commend therefore that you take such
such steps as will relieve tho department from
the necessity of further reference to these
worthless assets by directing them lo be des
troyed under the direction ol the Executive or
a committee of your body. Tho report of llio
Treusuror shows the available balance iu tho
t reasury on llio 20th October 1853,to bo $71,
857.35. Concurring as 1 do, in Ilia estipiatcs
contained iu his report of the probnblo expen
ditures of iho next two yearn, 1 deem it unue-
cessary to odd any thing on that subject.
^ There lies been collected from the General
Government during tbe past two years, tho
sum of $144,890.53. ‘These claims have been
long standing, and the State ie now in
debted for the collection of so largo a portion of
them, to tho energy and ability with which they
have been urged by tbe agent, appointed by
my predecessor, and continued by myself, Jo
seph Sturgis, Esq. There is vet unsettled
claims due to us from the General Goverritusnt,
but I am unable lo say, at what titito you may
expect their payment. It would be unwiso to
calculate upon the reception of sny portion of
it, in your legislation upon the Finances of the
State. For additional information you are re
ferred to the accompanying repot! ot Mr. Stur
gis.
1 herewith transmit to tho Goncral Assem
bly, the report of the Finoncial Committee for
the year 1852, and call your attention to its
statements and recommendations as worthy of
consideration. The Report of the Comptroller
General is also herewith transmitted.
The Tax Laic.
It was provided by tbe tax act of January
9th, 1852, and llio supplementary act of Jan
uary 21,1852, that the sum of three hundred
(itiu Hcvcuty-five thousand dollars should be
raised under those acts for the support of the
government for each of tho political yours of
1852 and 1853. In the first act the rate of tax
ation woa limited to one-twelfth of ouo per cent.
The supplementary act was passed under u
well founded apprehension that the required
amount would not be realized at that rate.—
This last act required the Governor with the
assistance of the Comptroller General to con
solidate tlto returns of the various tnx receiv
ers, and authorized them to lix tho rule of tax
ation ni such per cent as would raise the sum
of three hundred and soveuty-fivo thousand dol
lars. Upon the examination of tho tax digest
ss required, by this law, it was ascertained that
it would require a tax of one-tenth of one per
cent, lo raise the amount which the Legislature
had fixed upon; and accordingly the necessa
ry orders were issued lo that effect. This was
true of the returns for each of those years, and
and there won consequently iio chaugo in tli
rate of taxation for the present year. The
liaaangn oflh. aa m-to intrndiirml n now ftyntom
of taxation iu our Slate. Tho ad valorem prin
ciple was for the first time incorporated into
our laws, though its justice and propriety had
long been seen and felt by our people. For
many years the friends of a fair and equitable
system ot taxation had sought to modify the
old law, which was admitted to bo unjust in its
operation and indefensible in principle. Every
candid and fair-minded man recognized the
correctness of tho principle that every citizen
should be required to pay for the support of his
government, according to the extent and value
of his property. Upon that principle an ad
valorem lax should be based, and when faith
fully carried out, must coinmaud the approval
and support of every man who is willing to
hear his due portion of the burthen of Govern
ment. That the present tax law fully comes
up lo this standard, I am not prepared to s say.
The object of its framers was, however, to ap
proximate it, and if they have failed to reach it,
the duly is imposed upon their successors of
applying the lights of experience and practical
operations to its modification and improvement.
It is uot strange that an untried experiment,
should be found to be defective in some of its
details; it is rulher a matter of surprise that
more obvious and glaring mistakes should not
have occurred in the first effort, to adopt a new,
radically differing from the old system. 1 am
aware of tho fact thol there exists in tho public
mind, in some portion of the Stale, vory strong
prejudices against this law, blit I aui well sa
tisfied that tlieso prejudices are not so deeply
rooted, as to defy the approach of reason and
sound sense. In most instances it will bo found
that this opposition is limited to some provi
sions of the law, which may with propriety lie
modified and improved, and for that reason
your attention should be directed to such mo
difications ns will make it conform more exact
ly to the ad valorem principle. Let the details
of tho law then be scrutinized, its defects
brought to light, and the proper remedy bo ap
plied by wise and judicious amendments. With
many persons the merits of the present law
has been subjected to the test ol comparing
the amount of taxes paid by them under the
two different systems. They find that their
tax has been increased and without further
inquiry they attribute that increase eutirely to
the change of the law. A simple statement
will exhibit the incorrectness of this conclusion.
The amount of tuxes collcctod for the political
year 1851, under tho old system, wus $291,077
38-100, whilst the amount collected for the
year 1852, was $377,165 00-100. It must be
borne in mind that tbo Legislature saw the ne
cessity of raising an increased sum, and there
fore provided in the act of 1852, that there
should bo raised the sum of $375,000. If
therefore, there had been no change in the
system—it would liavo been necessary to hove
mcroased the taxes about twenty-five percent.
I o compare then tho operation of the two ays-
^"•ftirly, in individual cases, such poisons
should first add twenty-five per cent to their tax
Repaid in 18ol, and compare the amount thus as-
ccrtatnd with the amount which they actually
paid under the present law. When this is
done, it will be found that their increased tax,
is owing, not to a change of tho law, but to the
increased necessities of the State.
Another objection has been urged to tho
present law, which is founded in good reason
and is worthy of your consideration. It results
front tho difficulty of ascertaining tho true va
lue of iho tax payers property. Such is the
peculiar organization of men's mind, that with
the most honest intentions, they diflfer widely
iu their estimate of the value of property ;
while others are unwilling to contribute their
due portion to tho support of government,
place so Iowan eslimafo upon the value of
their property, as to cause just ground of com
plaint with their more conscientious and gon-
erous neighbors. As every man is at liberty,
undnr the present law, to value Ilia own pro
perty. he can put what estimate he pleases
unon it. The law appeals to hi* conscience
alone on this subject, and there is no mode pro
vided for reachiog those who are indifferent to
the obligations of truth and honesty. It is
gratifying to know that the number of this
class is small. An examination of our tax
digests will show the fact, that with the great
body of our people, there has been exhibited
a disposition to make a fair end just return of
their property. Tbe cases of the few, how
ever, streuid be reached, and 1 would recom
mend that some provisions be made by law
for assessing the property of those who seek
to avoid the payment of their juat dues to the
Slate, by falsely estimating their property be
low its true value. This end similar defects
in the details of the law, should be temedied
by prompt legislation. Time sod experience
will thereby, ultimately perfect the eyatem,
end render it acceptable to all classes and in
terests. The tul valorem principle being re
cognized by all, as being right and just, it
ouly requires prudence, firmness and wisdom
in enforcing its application, to secure for a
(aw baaed upon it, tbe cordial approval of tbe
people.
For the purpose of instituting a comparison
of the tsxos paid by our own people, with that
paid liy the people of the other {States, I ad
dressed a circular letter to the Executives of
the several Elates, asking for a statement ot
their tax lawa. To this communication, 1 re
ceived many replies, but not enough to curry
out tho original object 1 had in viow. The in-
fortuatfon, however obtained, waa sufficient to
satisfy my owu mind that we pa> as little as
the people of any other State, whilst os com
pared with some of tho Stato*, our tax is al
most nominal.
Aa low aa our present taxes are, wo may
look forward lo the timo when lliov may be
greatly reduced, As soon on the f'uldio Debt
shall have been extinguished, we can with pro
priety reduce our taxes one-half, and that too
without looking lo any source of revenue for
the orjinary exponses of the government.
This is certainly a gratifying atate of things,
and will go far to conciliate the feeling of op
position that has been engendered in the pub
lic mind against the pre-ent system. Firm
ness* in tho maiutoinatice of the ad valorem
principle—wisdom in tho adoption of amend
ments suggested by experience, and economy
in the administration of the government, will
soon dispel all prejudice and opposition with
a wise utid patriotic people.
Water n and Atlantic Bail road.
By the act of January 15th, 1852, 1 was re
quired to appoint a Superintendent ot the
Western and Atlantic Railroad, who should
liavo tho general management and control ol
the work. I appointed Win. M. Wndley, Esq.,
who colored upon the duties of |tis office on
tho first day of February, 1852. The means
of the road had fallen far short of its necessi
ties, and the result was that the road was in a
wretched condition. My predecessor and the
funner Chief Enginocr of (lie Rond, realizing
this fact, had very propeily purchased a large
quantity of iron for its repair.
Tho contract made by them was approved
bv tlm last Legislature by the act of Dec. 4th,
1851* When Mr. Wadley entered upon his
office, ho encountered all tho difficulties/Which
this stato of things had brought about. 'The
last Legislature, intending to provide amply
for tho thorough repair ana equipment of the
road, by the act of January 15th, 1852, appro
priated the suui of $525,000, for that purpose.
This sum would havo been sufficient, if it
could have been applied to the objects con
templated by tho Legislature, but unfortu
nately it required much tho larger portion of
it to pay off the former debts of road which had
been accumulating from its first organization.
We were therefore compelled to look to its
revenues to do that, which it was the intention
of the Legislature should have been done, with
this appropriation ; and this fact will account
lor the disappointment of thoso who had
calculated upon nn accruing revenue to
the Stale Treasury from the proceeds of the
rood. I refer von to tho accompanying Re-
nits of Mr. Wadloy and his successor Air.
tingo for a more full nud satisfactory state
ment of the facts to which 1 have thus brefly
alluded. It is liardlv necessary for mo to speak
of the manner ill which these difficulties were
met and overcome by the* Superintendent.—
Tbo energy and ability displayed by him are
so familiar to the public, that it would be a
work of supererogation to remark upon it.—
He did all that could bo done, and 1 venture to
add, more than any other mail would have ef
fected under the same circumstances. I need
not add, that his entire management of the af
faire of tho road, met my cordial approval.
On the first day of February, 1853, Mr.
Wudlv resigned his office of Superintendent—
and 1 appointed George Yonge, Esq., to fill
his vacancy. It is duo to Mr. Wadley to state,
that he did not lonve his post until he had satis
fied me, that the interests of the road would
not suffer from his withdrawal. In his auc-
ccasor I havo found an able, experienced and
faithful officer, whose successful management
of llio road as exhibited by Ins report, is the
best encomium that cau bo pusaed upon his
services.
It affords me much pleasure to call your at
tention to the present condition of this great
.Slate work. The Reports of the Superinten
dents will show you in detail its operations
during the two past years. Tho failure to re
port any profits paid over to the State Treasu
ry has already been accounted fur. The fact,
however, that profits have been realized, end
appropriated to the wants of the road, should
satisfy your minds—that with wiso and judic
ious management, it must for the future be a
source of revenue to the State. No additional
call is made upon the Treasury for aid. Its
owr. revenue will soon complete the necessa
ry repairs, and equipments, and discharge its
remaining liabilities.
1 call your attention to tho recommendations,
contained in the {Superintendent's report,—
Founded ns they are upon his experience in
the mad—they should receive your careful
consideration. The act of tho last Legislature
which authorized the road to be sued in any
county through which it passes—ought to be
modified. 1 can sec no good reason, why this
discrimination should be made against the
State road. All similar companies liavo to be
sued in the county in which their principal of
fice is located. This ia right and proper. It
is tho place where their books aio kept and
their business transacted, and therefore the
proper point for the litigation ofclaims against
them. It is problematical whother (he State
should submit to being sued at all—but cer
tainly she ought not to embarrass her officers
with'burthens not imposed on other compa
nies. Tho road passes through counties be
longing to three judicial districts, and it might
happen that the Superintendent would be eued
and required to attend Court in different coun
ties nt tho same time. This consideration
alone shows the propriety of a clmngc in the
law. In this connection I call your attention
to the fact, that suits have been commenced
against tho road in the State of Tennessee. 1
havo directed pleas to thu jurisdiction of the
Court to he filed in all such cases, and the
question if decided against us, to be carried to
the highest Court of the country. We have a
right to complain of this proceeding on the
part of our neighbors, as it was principally to
gratify them, that the doors of our own Courts
were thrown open to claimants against the
State road. If tho Courts should maintain
their jurisdiction in the Stato of Tennessee,
and tho road subjected to the trouble ttnd an
noyance of this Iitigatioh, it will devolve upoo
the legislature to determiae, what course they
will adopt in reference to the Wtstern terminus
of the Road, that will most effectually put a
stop to such proceedings.
The important question for your considera
tion in connection with this great work is,
what shall bo the future policy of tho Stato in
reference to it 7 Realizing the deep intorest
fell by our people in tho decision of this ques
tion, I submit to you my views fully ou the
subject.
By some a sale of the road is proposed. I
trust however that llio advocates of this policy
ere nut numerous, and I feel certain that their
number will bo lessened, in proportion ns you
satisfy the public mind that the road can bo suc
cessfully carried on under State manatiogement.
To sell the road would be to disappoint that
genoral expectation which has so long looked to
the completion of this enterprise for n source of
reliable revenue to the Stale. 'I he funds rais
ed by the sale could not bo appropriated to the
extingoishinent of the public debt, as that is
not due. There is no profitable investment
of it that could be made, and the result would
be—that by the time, the public debt bad to be
ntet, mis fund would have been exhausted in
wasteful and unnecessary expenditures. In
creased taxation would then be tho only means
of meeting the liabilities of the State. 1 feel
confident that no argument is required ogainat
a policy which will inevitably lead to such a
result. The proposition to soil two thirds of
the road is equally, if not more objectionable.
Tho eame consequence would follow ton great
extent. Besides it is the unvarying lesson
taught by our experience, that the State
ie the sufferer in every copertuerahin which
she forme of this character. The road
ehould either be under the entire control of in
dividual interest, or under tbe exclueive man
agement of tho State. A departure from this
rule, would certainly lead to no good result,
and 1 trnst that the experiment will not be
made. Rejecting then tbe proposition to dis
pose of the rood, I recur to the inquiry, whet
lathe best policy for its future government?
In the management of a railroad, two ideas
•bould bo kept promineutly in view, uniformity
end permanency in ita system, and a responsi
ble head to manage and control ito »fpi|ie.
Frequent change*, and divided responsibility
are incompatible with the succeaaful operation
of any railroad. Looking lo llmse consider*
lions1 foal conscious of the d.fficulMes which
must attend any plan which has yet been sug
gested for the government of the Bute road,
but the preference ehould be given lo that eye*
tein which ie freest from these objections. Tbe
two plans which have beeu uiost generally
considered, are, first, the present one which
loaves tho road under the euntrol ol tho Exe
cutive end a {Superintendentappointed by him.
The otbor proposes to conatituto a In.aid of
Commissioners and invest them with the pow
er, now loafed in the hands of the Governor.
«>ly owu mind at one lime favored the latter
proposition. Experience end observation,
however, have fully satisfied me, that it will
not do. The idea of a board* of Commission
ers waa derived from the board of Directors,
appointed by private corporations, for similar
duties ; anil the argument drawn by analogy
from this soiirco would bo good, if these Di
rectors discharged the duties, which the pub
lic suppose them to perform; euch, however,
is not the fact. The best Board of Directois
tor n railroad Company are those,| who have
sugacity and judgment enough, lo eubmit
tho entire management of their roads to the
President and Bupeiattendant. In adopting
a general eyatem, for tho management of a road,
their counsels may aonotitnos bo heeded with
sumo advantage; but when llio dnlailod opera
tions of thu road are to bo considered and dis
posed of—tho least said or dono by llioni, the
bettor it is for the interest of their company.
If a board of directors should attempt to re
vise tho dealings of a President and Superin
tendent with their eubordiflatep, reinstating
such as had in tbeirjudgenient boen improper
ly removed, or forciug tfie appointment, of oth
ers who they might aupposo'peculiarly quali
fied for some position, it would result in the to-
tul disorganization of tho road, and the effort
would anon bo felt by the Btockholdevs in re
duced profile, neglected machinery, and dilapi
dated road. Upon this point I can safely ap
peal to the experience and observation of every
man, wlm lias been connected with a success
ful nud wull managed railroad. If this be Iruo
of privsto companies, the difficulties will be
greatly enhanced, when the sumo principal is
applied to a public work, when Nitpsrsddnd to
oilier causes of trouble and embarrassment,
there is thrown in, the political and parly con
siderations which would inevitably be con
nected with such a system. The subordinate
officers ou a railroad, who (tel tlir.t they owu
their plaues to any other cause, that a faithful
discharge of duly, would so«n derange and ru
in the best managed road iu the country.—
Under the proposed system of a Board of
commissioners these difficulties could scarce
ly be avoided, and 1 therefore deom it unneces
sary to enlarge upon this branch of the sub
ject. According to thin plan there would also
be wanting, that uniformity |n the management
of the road, which is csseuti^l to its success.
’.Villi tbe change of Commissioner*, the *yiieni
would be changod aod all (hn eouvoquonoss attend
ant upon aucli changes, would l»o constantly experi
enced. The present system ia in my judgment de
cidedly pruforablc : ono great nbjoctat least is cf
looted, a re*pon»ibla head in plaucd in charge of the
rood—to whom tho country cub look for Ila proper
and faithful ninnagoincnt. The fOxncutivo elected
hy the people i* responsible to them. Tho Superin
tendent should ho uppoiutod by, and bn responsible
to the Executive, the subordiontn officers should he
appointed hy, and responsible to the Superintend
ent, and thus the management of tho road is placed
upon a system of responsibility, which ensures its
successful operation. In the appointment of the
guperintendetit, tho Executive feel* tho responsi
bility which rest* upou him, and will exercise a
sound judgment in the selection. The Superintend
ent knowing tnat he is responsible for the good con
duct of his subordinates, will exercise like prudonce
and discretion, in their scloction and the subordin
ate* fooling their dependence upon, ami responsi
hility to the Huperiutnudeut, will reulizo the fact,
that tho tenure by which they bold their offices, is
the faithful and efficient diflenarge of duly. Iu tins
view of the subject, you will perceive that there
must be a cordial and mutual confidence between
the Kxrcutivo and the gupcritnudoni, auJ fur that
rea-un, the efaperlntcndfiit should be appointed by
tbe Executive. 1 therefore recommend that the act
of llio hut LtiguJutiire taking tho appointment of
this officer from the finvornnr and giviug it to the
Legislature, he repenlsd, and that the uppoiufinunt
be again placed ut tho disposal of iho Executive. If
the road is to he continued ua.ter State management,
*».u im « P uu i„ the must practicable system
that can ho adopted. ,
Two loading objections ore urged aguinst thr
plan. The first is founded apoo tho fear that the sub
ordinate posts onTiio road will ho regarded and
filled a* political offices. Underlay adminUtratiou
this practice has cuased to exist. Whatever may
ho thought nr anid about making govenuental offices,
political position*, In other department^ it is a well
settled fact, that it will uot answer in the niunuge-
niont of railroads or similar Htnte enterprises.—
.Such a policy is condemned both by reason urn) ex
perience, hod cun never be resorted to without en
dangering the public iutereft. This truth is so
clearly Hliutratvd in tne history of every State
work, where the policy has been adopted, that 1 do
nut believe that the experiment will again be made
in our own Stale. The other objection is of a more
Rerioiis character. It grows out of lira changes in
the inanuajtement of the road, incident to tho fro*
nueut change in tbo Executive office. 1 admit the
force of this objection, and the only reply that cun
lie offered, is founded on the fact, ihut the objection
is applicable to every plan which lins boen or cun
bo suggested for llio government of the road under
State management.
I u view of those difficulties, 1 submit to your con
sideration, auutlior pluti. fur tho disposal of tho
rood, one which will secure the three jroal objects
to be attained; first the retention of tho Htate's in
terest in the road, second, a uuifonu and permanent
syNiein for its management; and third, a certain and
reliable revenue from it. It is to lease the road un
der an act of incorporation. Let a charter he gran
ted with a capital of five hundred thuusand dollars
iashurosofa hundred dollarx each. Tho charter
should provide that the company should make
somi annual payments to tho 8luto, aud that the first
failure should ipio facto work its forfeiture. The
amount required to be paid hy the company for its
leaso, should bo ut least 5 per cent on the capital in
vested by the .Stato, which might be cftimated at five
millions of dollars. The dinner should bo for a
limited timo, and perhaps twnuty-fivn year* woul i
bo lufficieuily long. The company should be re-
quired lu return the road at the nxpirniiou of their
lease in as good condition, and as well equipped as
when they received it. The improveinciitH which
the increased butiiiusHuf the road will require them
to make, would afford a reliable tuaranty upou this
point. On the other hand the Htalo should agree lo
pay the company for uny increased value given to
tho road by the iinnrovctueoU made by them. Pro
vision should also be made iu the charter, to protect
connecting roads from a parti I, and unjust admin
istration of iU affairs, under such penalties as
would ensure perfect impartiality. I havo fixed the
capital of the cotupauy at a half million, supposing
thul to ba autiiejent for the ordinary improvements,
which urn still required to put Iho road in complete
order. The Legislature could hereafter increase it,
if the busiuess of the road should require the laying
of a double truck.
In submitting ibis suggestion to your considera
tion, 1 liuve morelv laid dowu the outline of a plnu
which might bo perfected, if the policy recommend-
od moot* with your approval. If adopted care
should be exercised in guarding the interests of the
Stato in any charter which may be granted, and
that is suliinittrd with greut confidence to your wis
dom and discretion. 1 box Icavo to repeat, that the
adoption of this policy will ensure a uniform and
permnnont system in the conduct aud management
of thiti great work. It will bn brought under the
operation of privato enterprise and individual in
terest without sacrificing the investment of the
State. It will be relieved from the difficulties which
1 have shown must always more or less attend its
management under Slate control, nud finally ensure
the regular receipt into tho treasury of at least two
hundred and fifty thousand dollars per annum.
The Penitentiary.
I transmit herewith the reports of the Principal
Keeper and Book Keeper of the Penitentiury, which
will exhibit to you its operations during the past
two yrojn. The officers of that institution during
that lime have been faithful and energetic in the
discharge of their duties, uud 1 believe that its
business, under their charge, will compare favora
bly with the business of preceding years. Its as
set* at the end of tbe year will in nil probability
ditcliMigo iu liabilities, and leave it free from debt.
I ho business of the Peniteutiary is not, and iu my
judgmeiit, nover will be a sourco of revenue to tho
Stato. Tho appropriations which have from lime
to time bccu made to meet its liabilities, show this
fact. The gross amount of them is set forth in the
Keeper’s report. It now requires large appropria
tions to mnko the uecessary improvement*, aud to
furoith materials for its successful management. It
is a subject which should secure more of the per
tonal attention of your members than lias heretofore
beeu the cose. An inspection of iu condition will
give you more satisfactory Information of its Iruo
waau than any representation that I cau wake, and
I would urge the propriety of your doing so, as it
can be done with very little trouble to vuurselves,
and much benefit to tho State. As you will perceive
from the Keeper’s report, the business of building rail
road oars have boon commenced upoo n pretty exten
sive scale. The experiment so far has proven croi-
nemly successful.—indeed it has been tho principal
source of revenue since iu commencement. For
the want of the necessary means, an srranaemeut
had to be made with the Stale Hoad to AiniLh the
materials for building cars, and ss long me that rood
requires all the cars that can be built at the Peniten
tiary, Ibis arrangement could be contlnaed. If the
business, however, should be exfohded u recom
mended iu the Keeper’s report, it will be necessary
for you to supply the necessary mean, for the pur-
chare in advance of materials, as the object should
then be, to manufacture cars for all roods that uiny
desire to purchase. It would also be necessary to
authorize the employment of a Huporintendent of
this branch of the work, at a belter salary than is
now allowed to the subordinate officer.. If a ready
sale be found for Hie cars, I bavo no hesitation In
saying, that It ie tho most profitable business that
CM bo carried oo la tho PonUcatiary.
The importance ofclassifying the prisoners in the
Penitcntlhry, has been so rapaatedly and forcibly
presented lo the Legislature by my predecessors,
that 1 deoiu it unnecessary to enlarge upon the sub
ject. It ia again brought tu your attention by the
Principal Keeper's deport, and 1 would impress up
on your minds the propriety of giviug it your early
attention. Whon this recommendation is based up
on the concurrent opinion of every ouc who has been
thrown into official communication with the Peni
tentiary, it ahoutd at least receive more considera
tion than has heretofore been given to iu
The Luaattc Jiytum.
Tho hi-cnnial Report of the Truatoes, Superinten
dent and Kosidnni Physician of tho Luuatic Asylum
is herewith submitted. This Institution has bom
conduct ml during tho past two years with thn char
acteristic energy and ability of Us officers, 1 com
mend to your attention the suggestions ami recom
mendations contained iu these Reports. Founded
aa they are upon the experience and ol»*crvation of
those who have shown themaelves so worthy of the
confidence reposed in them by the Slate, they should
command your most favorable consideration. This
Institution was established by the Slate under the
conviction that it was our duly to provide for the
safety and comfort of that unfortunuto class of our
follow beings, who had beeu deprived of thoir rea
son, and thereby rendered incapable of providing
for themselves. This humane object will not have
been accpmplislied, so loug as tliore remains in the
borders of our State one unfortunate luuatic unpro
vided for. It is a melancholy and humiliating re
daction, that applicants for admission, are daily re
jected for the want of the necossary means tu pro
vide for their accommodate mo. This ought not to be
ao. I hold it to be the solemn duty or those who
lisve boen spared from this awful calamity to furnish
from their treasure whatever may bo required for
the support and comfort of thoir less fortunate fol
low being*. I cannot believe that there lives in our
State a tingle citizen, who would not givu a cordial
response to this sentiment. The necessities of this
Institution, is therefore thn ouly just limit tu jour
appropriation. Whon you ascertain it* wnnts, let
them bo supplied, your hoarts will approve the act,
ar.d your constituents will sanction the vole.
There is one class of lunatics for whom no provis
ion is made iu Iho orgauizutiou of this institution. I
aliudud to our slave population. This omission, I
liavo no doubt, is attributsalo to the fact, that the
mimforv ia ao limited that it baa nut allractrd public
attention. There are, however, a fow, and suitable
provision should bo made for them. Tho first sug
gestion would be to leave this matter in the hands of
the owners, after providing a place at thn Asylum
for their reception. Tills will not do, however, as
it aomotimes happen* that the unfortunate lunatic is
tho only property of the owner; and hn ia therefore
unable to suppoit him at the Asylum. It would
R erhapsbe wroug to tax those who ha -e no interest
i slaves, to raise money for this purpose. The
amount which should be raised for this object, would
bn small, aud if levied upon tbe taxable alavo prop
erty, would unt Iio felt by the owner. Looking lo
the number of luiiatio nogroca *, it would require
only a nominal tax upon tliia kind of property
ruiao the necessary means. I can sen no good r«
son why every slave owner should not cheerfully
submit to this tax, to carry out so desirable and
praisworlhy an object. ( heretofore recommrud
that proper steps be taken at your present session to
carry out lhe*c views in the manner suggested.
Deaf and Dnmh 4tylum.
The report of the Commissioners for the Deaf and
Dumb Asylum for the years 1854 and 1853 is here-
with iriinamitlod. The successor this institution ia
a gratifying result and should secure for it the con
tinued patronage of the Stato. Your predecessors
havo by thoir lihoral endowment recognized the duty
of the Slum tu provido for the eduealiou of the uu-
fortuuato mule, aud it would be difficult for the
Legislature tu appropriate the muuey of the people
lo an object that would receive a more uuqualitied
approval from the popular mind. I also transmit
tbe report of a committee appointed by myself to
attend the aiiuuul examination of 1852. It bears
testimony to the faithful aud ulUcieut dincharge of
duly by llio officers of the institution. Its recom
mendations urn commended to your consideration,
a* worthy of utioution in your legislation on tbii
subject.
The Initilutionfor the Ulind.
I transmit to you the first annual report of the
Trustees for the “(jeorgiu Academy for the Blind."
This institution was organized undor an act of thn
Legislature, and is now struggling through
fontile existence. It has encountered tho difficulties
which have attended all similar Institutions, aud iu
viow of there difficulties, its effort* have have be-m
at (sailed with a* much auccess ua could huve rea
sonably been anticipated. It has shown itself wor
thy of tho fostering care uxreudnd to it hy vuur pre
decessors, uud should contiuuo to receive your
patroiiiigo and encouragement. Tho appeal iu be-
h«.ir,.f |".« LiujTiiir.ii.Mt made fornne u«nr
duinli~addrea.es itself lo our better foslings. The
heart would be <ralloua and hardened that could*
that appeal with iuditlereucc. Those of us who
have honu endowed hy a kind Providence with all
the attributes ol manhood, unimpaired hy disease or
misfortune, have resting upon us uu obligation iu
reference to our le«s favored brethren, which we
cannot disregard. In establishing nud mniutuiiiiiig
three dilTcront m.litutions the people of (Jeorgiu have
exhibited their appreciation of this high duty. Thu
auccess which has attended these efforts should only
atiimiiate us to renewed exorliuus and more liberal
contributions.
Georgia Military Inititute.
At tho lust sesaiou of tho lieueral Assembly pro
vision was mnda by law for the education of a cer
tain number of cadets in the Military Institute, lo-
catod at Marietta. A report is herewith transmited
from tho Board of Visitors of that institution, which
will present to the Legialuturo all tho information
on tliut subject in my possession. Thn aystom of
military education is growing in popular fuvor
throughout the country. Iu othor Himes of the
Union those Academies receive liberal eudowntouts
from tho (Joveruincnt, and are becoming more and
re the fuvorites ol tho peojde. So far a* I am
bledtojudgo tho Marietta ln.tituth has beou as
eminently succoseful as any of its sister institutions,
id as deserving of Slate pat run ago#
Education.
Tlio cau.io ot Education uumbnrs, among its
friends, no supporters, more zealous, or liberal,
than tiio people of Georgia. It is with siucere pica-
uod honest pridotnat wo can point to tho pro-
i of education in our State. Our University waa
never tu a more flourishing condition: and never
deserving of the confidence and patronage of
the Stale. Other colleges have sprung up in gener
ous rivalry with this institution under tlm putrousge
of private enterprize, affording the most extensive
facilities for a liberal education to ail who may be
|K>k.«Mrd of the uucessary means. Colleges and
rieminarics for the education of our dauxhters arc to
be found in almost every neighborhood, founded upta
private inunificinnce and conducted with marked
energy and ability. I would uot uiiiiccesarily mar
this picture so grateful to our fooling* uud ao grati
fying to our Stale pride ; but u sense of duty de
mands that our attention should bo turned to anotb-
branch of the subject, which presents for our
consideration far different results. Whilst tbo minds
of those, who havo been bles.ed with the necessary
means—are being stored with all the rich treasures
of knowledge, placed in their roach by tlic.e flour
ishing institutions—there is lo be found another
class, less favored of Heaven, who are growing up
utter ignorance. The propriety of providing for
tho education of the poor is recognized by every
; but I am not sure that its unnortance is folly
rceiatod. I do not speak of that complete and
finished education wbicb can be acquired only in
higher Seminaries and Colleges, but I refer to it
in ita more limited sense. The man who can read
uod write is n well educated man, in comparison
whom the Alphabet Is au unmeaning
mystery ; and the gulf that separates these two
classes is far wider and doepor lliau the one which
lies between tbe humblest scholar and the most
learned Professor. Give to every son and daughter
of (ho .Slate an opportunity oflearning to read and
writo, and we become that day au educated people
for nil the practical purposes of Government.
Tbe honesty, purity, and intelligence of the pco-
pie coustiluts tiio firm foundations of a republican
Government. To the extent of our ability it is our
duty to fo.ler aud nurture tbe*e elemeuls of securi
ty and sirengili. Georgia has in some degree real
ized this truth and exhibited a disposition lo act up
ou it. Her ablest sons have been summoned to the
task of devising systems for the education of tbe
poor; and our legislative tables groan under the
accumulated reports of committeea appointed to in
vestigate und report upon the subject. All that
Id bo done iu this way has been done, and yet
sons aud daughters of poverty are uunrovided
with the opportunity of learning to read and write.
Can nolhiug more bo effected I as ibis Gold of labor,
so inviting to the patriot and philanthropist, lobe
abundoiied and forsaken t To answer these ioqui-
i, we must ascertain, firat, what haa occasioned
tbe failure heretofore ? and secondly, nro we able
and »illiug to overcome the difficulty in the future'■
The first point ia very clearly presented iu the state
ment of tliia simple fact—the numliar of children
returned under our poor school law, ia (38,000) thir-
y-cight thousand, and iho mousy appropriated for
:beir education is ($23,000) twenty-three thousand
dollars. In othor words, for the education of each
child, tho LegLIuturr appropriates the sum of sixtv
cents. I can uso no argumeui or language that will
prescut iu more forcible terms the main defect in
past svstem, than is to be found in this state-
t. We have failed to educate tbe destitute
children of our Stale, because we have failed to ap
propriate a sufficient sum of mono/ to effect the ob
ject. It it more lliau useless to discuss plans and
systems until tho necessary means are furnished to
make any plan successful. This view of tho sub
ject bring* mo to tbe second Inquiry. Can this diffi
culty bo m^taud overcome? I a otbor words, will the
tpfU lature appropriate thn necessary amount of
money.
At present I am not prepared to recommend any
Urge increase of tbe appropriation. My object is
more particularly to call your attention to a period
in tbe foture, when tbe required ss‘.t cau.be devoted
to this object without the, imposition or aoy addi
tional tux upon tbs peoplb. If 1 am right in the
Views which 1 have already presented of tbe fiasn-
tie) condition of tbs Slate, present and prospective,
iu the course of n few years the public debt will be
paid off, nud there will be oo bneessily for incurring
Mother. When that time shall bnve arrived, our
C iseot tax law may be reduced one heir, end still
nish ample menus for aa economies! admisUlra-
like of the Covsroment—giving so juat cause of
nun W IWU •■■huivu anu j muuaiiiu uillian. x u
that *sln I look to supply the present defect in our
educational system for the poor. To that patriotic
object,’ as well as to tbe necessities of the iustilu*
tluusestshliahed by the State for tho Dual aud Dumb,
thn Hliud, and the unfortunate Lunatic, It should be
sacredly devoted ; end until the wants of each aud
all should have been folly supplied, not one dollar
should be withdrawn for suy other purpose. 1 have
invited your attention to the subject at this time that
the public mind may be directed to its consideration
in advance of the period wheu tho policy may with
propriety bs adopted.
Public Printing.
I call your attention to the luw on tho subject of
the public printing. It isddfocttve In many rospeots,
and requires Legislative action. Tbe great delay
that occurred in the prinliug of the Lawa end Jour
nals of thn last General Assembly, should not bo
permitted to occur again. Under tho law ss it now
stands there will always bo more or less daoget of
its recurring. In the estimatiou of many persona
tiio Executive is held pertly responsible for such de
lay, and yet hn is powerless to prevent it. Provis
ion should he made by law that the publio printing
should be dono at tho seat of Government—under
the rye aud supervision of tho Exeoutlvo, and he
should Iio clothed with powe< ‘.o transfer it from tho
hands of thn public printer whsnnver lie fails to
complete it in a given period to be fixed hy law.-—
Wheuevertliereis unnecessary delay, tho Execu
tive should bo authorised and required to make
such deductions as ike exigency iu his judgment
i unifies; and aimilar power should he lodged with
im in cose tbe prinliug is aot executed In manner
and style required by law. It should bo made the
duty of the Mccrctary of State, to compare the print
ed laws before their final publtcatiuu, Mth the enroll
ed acts in hi* office,and proper compensation should
bo allowed him for tho dlschargn of this duty. Tho
stylo and execution of tiio printed acts*should be
impruvud. ’i ho act of 1834 required thorn to con
form to tho lawa of tho Unitod States, as at that
timo published. "Bince then groat improvement haa
bocu uiurfe in tho printing of the laws of tho Uni
ted titntsH, and we uhould in this respect keep up
with Uio progress of tho ago.
Annual Sestione.
Tho oxperimont of bi-ennial sessions of the
Genoral Assembly, has been sufficiently tested by
nxporionct, and I beliovo that th* public judge-
moot of the Stale is prepared to nronouuco against
it. 1 was among tho numbor of its advocates, and
•o voted whon tho question was submitted to tho
puoplo for their decision. 1 am now sottsfiod, that
in common with a large majority of iny fellow-
citixons, 1 was wrong, and am prepared to recom
mend a return to ounual aossions. Even if thu
policy of bi-ennial sessions was right at the timo
of its adoption, the increased interest and impor
tant public works of tho Binle havo wrought such
a change in our affairs ihut a different system is
now required for our progressed and progressing
condition. A single consideration should satisfy
overy man of tho proprioty of annual sessions. At
present, all power is placod in tho hands of the Ex-
ecuiivu for two years, and his term expires and tho
people arc called upon to pass judgement upon his
uffiuiul cu. jor before his actings and doings can be
submitted to tho usl of Legislative investigation
Ho cannot bo called upon ior an exposition of bis
official doings until tho General Assembly moots,
and that does not take place until his term of
office has oxpirod, and ho has oitiior been re-elocted
or defoatod, or has voluntarily withdrawn from tho
public service. This is wrung in theory, end
might work much injury In practice, It was uu
economical view of tho snhjoct which Induced tho
people to resort to bi-ounial aossions, but it may
well ho questioned whether the result has justified
tins expectation, i ho fact that tho General /Is•
somhiy meuis«only unco in two yoars, renders it
necossary to extend tho length of the session
Tho accumulated busiuoss ot the two years must
he disposed of, and additional timo is required to
do it. In order that the people may have an ot>-
portunity ol paasing their judgment upon this sub
ject, 1 recommend that nn aet altering the consti
tution ho passed by the Genurul Assembly at its
present session, auu thu question submitted to tho
pooplo ut the next gencrul election. If approved
liy them, your successors can perfect the altera
tion, nnu if condemned, tho act can then be reject
ed. Anopporlunity will thus bo offered of having
the question decided by the direct action of those
deeply interested in the matter.
Attorney General.
My experience in office hns brought vividly bo-
fore mu tiio fact that innumerable occasions occur,
whoro tho Executive, on account uf tiio varied and
increasing interests of tho titato, requires the ma
ture und iloiiberatn counsol of persons skilled in tiio
law. Tho hurriod and off--hand opinions of the bust
lawyers, uro worth but liltfo under such circum-
iunw« ) tn.olomn advice of foed
counsel on ovary such question, nw.i4k« « heavy
draw upon tho contingent fund. My own convic
tion is, that nn officer known «• the Attorney Gen
eral iff th« SUlo or Georgia, with such m**i*iy os
would command tho host counso! in the State,
would meet tho necessity of tho ciao. To tho genh
oral duty uf advising the suvurui Exucu..ve Depart
ments of thu Government, might bo added wit-
propriety, tho representing und advocating tho in
terest of llio Stuto in all questions arising Infforu
our Bupromo Court. Tiio dutios of such an officer,
it is unuocussary for mo to spocily. Tho necessity
and propriety ol such an office will ho folt by ovory
ono occupying tho Executive chair.
The Supreme Court and Stale Library.
At tiio timo tho Supreme Court was established
tho idea prevailed that the convenience of parties
litigant required .that the court should hold ita ses
sions ut points accessible to them. For that pur
pose it was provided in the law organizing tho
court that it should Hit at ninu different places.
Exporioncu has shown that this wuh a inintukun
view of tho subject, as tiio parlies seldom it ever
attend tho court. Their uttendanoe is not necessa
ry, and thoy therefore stuy away. No ono will
quostion tbe fact, that this inigrutory feature is at
tended with grout inconvenience to tho mombors of
tho court. If this waa tho only objection to it, it
light* bo borno with, but it doprives tbe court of
i« advantages of consulting good libraries, which
ro not to be found at many of tiio points, where
it is now hold. Without attempting to present the
many reasons which might bo urged in favor of tho
cliungo,UH thoy will readily suggest tbomsolves to
your minds. 1 recommend that tho places for
holding tho court lie reduced to the number re
quired by tho Constitution. Looking to tho future
permanouce and usefulness of this court, I think it
advisable that tho Constitution bo so amended as
to authorizo ila entire sittings at the seat of gov
ernment. I can see no good reason why it should
bo olbcrwiso. Tho dockot of tho court could bo
so arranged for each of the Judicial Districts as to
onablo counsel to attend to their cases with na
much convonienco at Millodgevillo as at any olhoi
point.
In tins connection I coll your ntlontion to tho
condition of our Stuto Library. For many yours tho
library has I won totally neglected and almost lost
sight of by the Legisglaturc. The last General As
sembly mado an anuual appropriation of a thousand
dollars for it. This amount regularly continued
with tbe system of exchanges with tho other Slate*
would in the eourso of a low years furnish a ctalo
library, of which we might not be ashamed. The
■mull sulury given to the libarisn will not socuro tbe
services or a competent officer, unloss tbo appoint
ment is connected with sumo othor officcj ns has
boon done during the lost two yoars. The libarian’s
report is herewith communicated. It will show tbo
condition of tbe library, ita increase sioco I came
into office, end also tho regulations I have adopted
to preserve it from ita former tale, it cannot be
necessary for mo to submit an argumont to tho
Legislature in favor of obtaining and kneptug a
good Bute library. State pride, if there was no
other consideration, would make an appeal m ita
favor, that ought not to be disregarded. Its pro
priety and usefulness, however, are too apparent
to require further coinmout. I confidently com
mend to your favorable consideration the policy
adopted hy your immediate prodocessors on this
subject.
.Miscellaneous Subjecte.
A vacancy occurred on tho cupreine Court bench
duiin, tli. pteMot y.mr. I.jf th. mlfo.tioo of lb.
Hon. Iliram W.rnor, which I filled 6, th. «PP«ot-
ment of tho Hoo. Ebenour Buwom. '1 her. h»v.
been soverel vacancies occasioned by dsith and
resignation, oo the Circuit Court bench, bat as they
are no longer filled by the legislators, it U unne
cessary to specify them.
Tiio creditors of tho Bank of Darien have been for
your* applying to tbe State for liquidation of their
claims, bolding as thoy do, that tiio Stato Is liable
for them. It is time that this metier shouid be
disposed of, and I recommend that acme prouision
bq made by the present General Assembly for the
final settlement of these claims, either by submitting
the questions involved to tho decision of tbe courts,
or soino other tribunal to be selected by the Legis
lature, and agreed to by parties iu interest.
I was directed by a resolution of the last General
Assembly, lo withdraw the block of marble, which
had boon furnished for the Washington Monumont
from this Btate, ou account of tho ohjoctionabie
inscription upou It, and to provido another tu its
stood, with the simple inscription of the Arms ol
tho Bteto. Fioding that tho object of the Legisla
ture could be carried out by an alteration of the
inscription on tbe block already furnished I adop-
tod that course, aa the most economical and appro
priate under the circumaUuccs. _
By joint resolution of the lest Geenrol Assembly,
I waa required to appoint a commission to examine
£,Tto U,o pribn. on D>«
of Wm Q. Anderson, Thoe. Anderson, and Richard
J. Willi* securities of John 1L Awlenmo, oo.his
bond., i« CMbio. and tganl of tho t .rl.n Bask. I
JiSoW.d CholM Donjiorty .od W <p. Hope HuH.
Mid horowUh tunimlt to y. ,< their report
pred’JcMwri Informed th. U»t (kunl Awm-
blr that th. qoMtion of tho boof d.rr between
Florida and our own State had beeu submitted to
th. Supremo Court of th. UliiWd Buur. ud ib.t
ho Ita on,seed tho .omooo of tho Hoo. J. M.
Borrion, u tli. Attortoy of tiio But*. At tho
iotunco of Judj* Borrion, I njmoiated with him
tho lion. G»r,o E. Badger hiving boon wthorlnd
by resolution of tho iut Logl.utuie, to employ
additional cornual ia th.tauo. The cue li etiU
ponding, and will probably bo decided .1 th. ip-
pfocching term of thu ooart. , , „ ■
A qoootlo. of boaduy between Sooth CwoJiM
- Georgia hat artea tinea tha adpjummtot of
of South Carolina and myself an the subjsei 1*
herewith transmitted. Sfjr »B"» •"-felly p-.
aenlod Id that conrcrbonponco,' that I deem It
uonocmiary to add aoythlng in nlhtont, ta It, I
ritromniuod that tlm iOgoatio. contalimdfe tha but
complaint oo the ffeend of taaalioa.. Tha Stato the Ian General AmaUv. Tha eatm*oodeoc#
railroad todor the ryaum I have wcw.nw.dml rli! between the Governor Hd th. Atumto, Gwwl
letter of th. Attonwy Ganmai af I
be acceded to, aad tbM pwviakaa h. I
mltting tho qnestioa of bom
the Supremo Court ftf tkt _
sente tho moat satisfactory mod# of aetthuc s diapwte
which if left unadjusted, might iImSIMi day
land to unpleasant oeaestf—ces»
By a joint resolution of the leet i
bly, I was directed to appoint “ lw»
suns as delegates from this State to i
vantion of delegates from the Thirl ._
Btntos," which was held In Philadelphia, ml tkf
5th of July, 1869. 1 appointed |the Hoo. Marshall
J. V\ elhorn, of Columbus, and the Hon. Aahff
Hull of A then?, who accepted the appoinUMM, ami
their report of the action of the convsatUo Ie Um*
with transmitted. The object for which Ibis cow-
veqiion assembled, and the aieda hy whisk that ab
ject Ie thjto coniummated, ere so foUy nud sutiafae*
torily presented la the accompanying report, flat f
do not fasl called upon to do more thaa ask for
it your careful consideration. It is no loonl
or sectional movement, in which the people of
Philadelphia end Pennsylvania alone are interested.
It was prompted by n national sentiment as bread as
the Union—and n spirit of graiitudo end veneratiom
■s deeply implanted in tbo hearts of the AmorieM
people, as era tho memories of our revolutionary
■iruggles. Gcorainghas participated so for with
commendable zeal, and patriovie ardor iu this uebla
enterprize—and I doubt not, that every stop of its
future progreas will he marked wit'i the evidences of
her liberality. •
The last Genoral Assembly passed a Joint revo
lution authorising me ” to ereet, on the pohlie
grounds, near the 8tate House, a soluble monu
ment to tho memory of our Into distinguished fol
low-citizen, Hon. John Forsyth, enri^hy for tlto
same out of the money appropriated for that pur*
pose by tbe ect of the Legislature approved FeW
ruary 93, 18&0.” The proposition contained iu
this resolution, meets my cordial approval No
one entertains e higher appreciation of the stevyl-
coe and brilliant career of Mr, Forsyth, than my
self, und it would bavu given roe sincere pleasure
to have carried out tho intontlon of the Legislature,
It it could havo boen done. Tbe amount ot the
appropriation is tvhoMjdr.adcquatc fbr tho contcia-
piutuu M object, A rnotimment erected on the Stato
House square, to tho memory of Mr. Forsyth,
slioujd not only be creditable to tbe Bute, but wor
thy of the distinguished deed { such u rooummeut
cannot be obtained for ono thousand dollars. For
this reason and for this reason alone, 1 have token
no steps to carry oot this resolution, sod 1 now
recommend thst the appropriation be Increased to a
sum that will secure such a monument as the occa
sion calls fur; a monument worthy of tbe Btoto of
Georgia, and worthy of the distinguished defender
of tho Constitution and Union of our fathers.
Wo have just had our first judloiel elections un
dor thu law giving those elections to the poople.
Tbe policy of the law has hern vindicated, end it
( iresenta an appropriate occasion for recommend-
ng an extension of its provisions to the remaining
cases of State officers elected by tbe LegIslotqre.
Our eieetlun laws need amendment. The duty
of deciding upon the returns of many elections, is
by implication devolved upoo tbe Executive. No
rules liowovnr are prescribed for bis government.
This should be remedied by tho passage of an a«t,
plainly defining his duty, power, nod mode of pro
cedure.
The groat number of laws which have been
ed on the subject of the lands belonging to tL..
Stato has Involved that subject In great alAenlty.
Many of these laws were ofe mere local character,
but their application being general in the terms
of tho statute, haa produced e contrariety of pro
visions difficult to reconcile. The whole subject
needs thorough and radical legislation, aod I trust
it will receive your consideration during the present
session. For the disposition of tho remakntng un-
granted lnndn of every description, that huve been
regularly surveyed, i would recommend that the
policy of tiio net of 1843 be adopted. Experience
lias proven it to be, by far the most economical and
satisfactory inode of disposing of tho poblli lauds.
Thn slow but steady development of the mineral
resources of oar Slate, should bring to youv atten
tion tha Importance of providing, for n Ufdrongh
geological survey of the Bute. Other depurttof ais
of iulcieat would he greatly benefited by it—and I
refpmafiend that ample provision be made for that
purpose.
I waa requested by resolution of the Senate of thn
*t Legislature to make tbe elterelloneand arrange
ments In tlm Henale Chamber rendered necessary
by I lie increased number of that body. It has been
attended to—and a portion oftke oxpausc paid out
of the the contingent fund. Nospeclaleppropnn*
«m,i iU« —.'i-ulnn, and it
becomes necossary for you to make aa tufa
appropriation to pay the balance doe to Mr. Lora, ~
tho contractor. A* h« was among thn unfortunate
n umbsr who suffered severely fYom the late Ire in
this city, would urge upou you the Justice of provid
ing for thn immediate settlement or his account.
Your attention has doubtless been arretted by the
destructive character ofthe fire to which I have just
alluded. The iudividuel sufferers make no appeal
to you for relief, but it is in your power to render
essential aid. not only to them but to tbe whole com
munity, by decisive action upoo Ike subject of an,
moval ol the sent of Government. Tbe ooustMt
agitation ot thatquertinn bus paralysed tbeeaergtoe
ofthe people or Miltedgeville and crushed tkefr
spirit of enterprise. The foture prosperity ef
their city is involved lu it, and to long a* It remains
au open and unsettled point, the effect will be foil
and scan in the downward tendency of every interest
connected |with the prosperity of the city. Ample
time bus licon allowed for ascertaining the popular
will on tbe subject, and legislative expression should
now Iio givon to the judgmunt of tbe people. It ie
due not only to this community but also to the future
comfort of those, who may be officially called lo
spend a portion of their lime ut tbe Capitol. Buck
arrangements as are necessary to make Milledgevllle
a plrasant residence for the members of the General
Assembly, and others called hero by publio business,
can never be mode until it is known that the seat of
Government will not b«f removed. Whatever, thfre-
fore, may be tbo publio will on Ibis subject, let it be
msdo known in such authoritative form, as will re
lievo all doubt ond anxiety in reference to it.
Federal Relations.
I herewith transmit a communication from the
8tnt* Department of the Federal Government, ac-
companied with n copy of n “ Consular Cowven;ion
between tha United Buies of America and Hie Ma
jesty tbe Emperor ofthe French." Your aUeutioo
is ceiled to the provisions of the acventh article of
tho convention.
1 lierowitn transmit the resolutions of various Statu
Legislatures, which have been forwarded tome.
Since the Iasi season ofthe General Assembly, au
:currence has transpired in which Georgia, though
it directly a party, is in my judgement deeply in
terested, and to which I deem It my duty to call
your attention. A citizen of Virgin!- on his way to
Texas with slaves is by force of circumstance*,
compelled lo take n temporary transit through thu
city of New York. Upon Habeas Corpus before
Judge Payne of that 8tate—the negroes were de
clared free, and the citizen deprived of hla proper-
ty. Though indemnified folly, I believe by volua-
lary subscription, yet the principal involved Iu
the deebiou is ope of vast importance and ettvtf
ling tendency, fR which the iutere«t uf Mr. Lem
mons brenmn* insignificant, and the interest of
every slave holding Stele paramount und equal.
Virglnieend Tezes have no deeper interest thau
Georgia and Alabama. It is understood that ua sp-
G al has been taken from tbe decision, to the appal-
e court of New York, and It is probable that tha
final adjudication of the question Involved will bo
made by tbe Supreme Court of the Unitod States.—
Tbe deliberate determination of nay question by
that tribunal commands and should receive tbe res
pect of the country, end constitutes ■ precedent
controlling subsequent cases. Tbe principles in
volved in the decision of Judge Payne will be bettor
considered in e court room than in a document like
the present. It is not my purpose therefore to saw-
mit an argument on tbe correctnese of that decis
ion. If such is the law. it is the first time that
it has been solemnly thus pronounced in n care
made before any tribooa! within my knowledge.
If it be true that the eitiaenx of tbe slareboldhtg
States, who by fore* of circumstances or for convow-
inner, seek a passage through the territory of u po«
slavrholding State, with their slates—ere thereby
deprived ofthrir property In them, and the slave*
ipso focto become emancipated, it U time that wp
know the law as it is. No Court in America hit ,
ever announced this to he law. It wonld be exceed
ingly strange if it should be. By the comity of Na
tions, the personal status of every man i% determined
by the law of hie domicil, end whether ha bo bond
or free, capable, or incapable there, he remains aw
every where a new domicil ia acquired. This it but
tke courtesy of nation to nation, founded, uot upou
thn statute, but is absolutely uecessary for tku peace
and harmony of States, and for tbe enforcement of
private justice. A denial of this cbnrtUy Is unheard
of among civilized nations, nod If deliberately aba
wantonly persisted in, would be just cause of war.
Can it be possible that the uourtosy yielded by Inde
pendent nations to each other can be rightfolly de-
oied by one of these States to tbe others? Is tho
bond or Union no authority or reaso* tor ecowrseog
conduct unjustifiable without that bond? Did tb« it-
the Trainers ofthe Constitution so wise and re pro
vident sis to ell other possible causes of disuurt*-
ance between the States, permit so pregnant u
source of discord to pass unheeded aod uujWW*
vided fort In yielding our right to :
end to declare war. have e«e left ourMlvee rjuMj
dlloto in cases oi palpable jflSttaSLIfc-J”
aad enmity of nations ? The adjudication uf there
questions by tbe tribunal oroauiuod anitor tuu-oma,
fore tbe tribaesL I r
tho event, ofthe Lemi
fore the Supreme Cot
ised to employ able <
Georgia, to ho heard
questions.
Tli. eoadilloo
preiiuiM a
nlii.tloD otrhc»«
• ti—O IM