Newspaper Page Text
Message of Gov. Jos. E. Brown,
Ik It, OMtr't L’ji'fet*", 0..C,M ol x. 7- ,
edges ills, No** 2h</, 1868-
Ihupw-Ciriata or tiii SwiAT* **
Hin or
In itie Mvoflteeotfc Smii.hi oftlio lir'l Arli
-0)M of iho Con-tiuidoo of ihi SiiW, it i on
cl,rod l Uut ‘ .orv Mi lw rood ‘1"““
tnnt-s. and on fhrre sapaiatu days, ini tucJi
branch of the Onraf AreernMy, b.-6re u
sbnlf pass, oiwi* in cave of •'ti*l inva'ian or i
ie*urr©©ivMi and in Ibn im *edbui ** **
further declared, that “all Arts ail** be signed <
by the PmeidM tn the AfiiWf • the P* ak ’
•r tn the Mouse of K*>prf‘*emntiT*J.
B*i.u wttiuu wtiUi pox JLnvhu-..n*.d and Ltf
rolled.
On thedajr of the adjournment of the I*>g'*
fature, at H last action, so largo a number >|
paaeed iioth UtHWfl* that it waenoi |>oa*i
ble for the Engrossing and Enrolling Clerks to
copy and prepare ail fat the signature* of the
President ol the SetfateuLfid the .Speaker of the
Mouse belere the hourof adjournment. Cou
?>-eq'ienMy, all bill* in tins condition were lot-
Mad they been enrolled alter the
had adjourned. they could not then have bucu
signed Uy the PtosldWßt */ the Senate nor by
, the Speaker tu the House of Represent**
lives
X Not Shined y I’u hiding Owicuh*.
A number nf other Bills which had been
property •-trolled and prepared for signature^
> but ah ch by Nome over sight In the hurry of
T business had not been ajgrtnd by either one or
the other of those officers, were brought to the
Cxeculive Office, iU>Oui the time of adjourn
ment ; and finding, on examination, n/tn th*
Hu.sM had tifffotit urd. that (he erMiaHtutiOnnl
provision above mentioned had riot been com*
tiled wait, I withheld my signature from them
rlieving that it could not then give them the
fbree oftaw. These Bills are herewith return
ed to the respective Hottaea tn which they
originated It is believed that many ol them
were nnver re#d s second time, on any previ
ous day of the ©©anion. but that, when they
rims up in their order feea second reading,
the captions or tittoa only, end not the eulirn
Bills, were read. The Constitution is inipera
f/e ifi.it rpyf rirrfe rW* fWftt !*• Uo M*U,
bo read, as well on life second as on the first
Os i bird reading. 4f any one reading may he
dtspen-od with, nil may; and the Bill, no
matter how important, may be passed upon
three readings of ha title only, while ita pro*
vision* are unknown to utuny of the members
of each Mouse.’ 9
HaSIY AND iACO.N.HtIJKRATt LEGISLATION CON-
IfB.Mr.ED.
TH* numerous examples of hasty and incon
siderate legislation, which, we often witness,
are tTCOftiiog a amtrec of great detriment to
the Stale, and should be discouraged by nil
prudent legislator*. On* of the great evils of
the age la, that we legfobtle too lunch. As n
general rule, the failure of n Bill that has merit
in it in leas to be regretted than tire passage of
a had law. Wholesome rules of law with
Which the people have bonOim* Hfuitliar, should
not be changed. tthlo-s for good enuae, alter
very mature deliberation. A failure on the
part of fHe Legislature |o observe this rule,
has involved our law's in much uncertainty
and has often kept the people in ignon.nc© ol
their trdu meaning. Our legislators have fre
quently given to® little attantionto their duiu s
curing the eaHiyf part of the session, and have
left the greater part of the taurine** of the ads*
•U>n to he iriaisvu>it wutilu tf* tom,; Am* nays
before adjournment. Menrse, their Jitubifity to
gi, io each Important monad re, brought be-
Sure them nt the dose of tht* session, the atten
tion and deliberation necessary to ita proper
disposition. Thu coflsnqueuce has hern, that
w have had much Inconsistent and unwifce
legislat ion. If we wOnid leflrn wisdom by ex
pern-nee we might do much to correct this
evil in future. I feel *t my duty to use all the
laiirttfl arid power of my position tot hot ehfl
I shall not, therefore, hesitate to lay aside and
withhold my sanction from all such bills pass
ed in the hurry and confusion which usually
precede an adjouroßtciit, na fail to command
tbeapprtmatioit of my judgment, together with
all such a% have not hecu plainly and .-orrcctly
•Broiled and signed lV the proper pffioera.
Tkivui*i Locau, Imhvuiuai. and Clansi Leo*
lar.ATtun.
! would further aiiggcst the propriety of dia*
pen*mg wub a grout deal of the trivial, local,
pruHicnml viu*>s legislntum which i intro
dined into UoM uvery Uencral Assembly,
much of which in useless betUtuso it benefits
■o one, and muck ol tt ia unjust and miaohiev
ous, because it benetbaa few indivi'luaU at the
expense of the uiony. f-et it be rtuiumiberod,
that t-ach uselnsa local Act introduced ami
passed cumber* the Journal* and the pampk
let of Acta. nd that the Statu pay* out of uto*
Hey raised from the people b|f taxation, lor
over li/tUU Od, in pay of member!*, olfioer# and
Other expunsus. A proper nad just regard fur
•l onoiny demunds reforiuntioa tn.thi* parttcu
liar The same objections that arc upplmnbU:
to trivial and local legislation, apply to much
of our private or individual and class legisla
tjon. with many other object ion* on account
of ita injustice and inciptality. It would, in
niy opinion, be much better fur the Legisla
ture, with few exceptions, to luy down gt-nur
•I rules of hw, and let all alike reguluiu their
conduct by llmui.
Extcumg or the Veto Power.
Entertaining thee* view*. I have, during
my term i.i office, frequently withheld m\
aam-turn from bill” ofthy chnraetif abovo de
aeribed. In *o doing, Ido hot consider that 1
have been warning in rfspaet for the General
Assembly. The Constuution tins assigned lo
the Governor, u well aa to the General Aa
aembly. otih iHI powers and duties, and the peo
ple should hold hint responsible Iftr the inde
pendent exercise of hie otHHal powers. ■* well
as the faithful discharge ol hi* official duties.—
Men her House of the General Assembly feel*
that it ia wanting in respect fbr the other when
it refuses to pass u Bill Which it does n m mu
prove, iho'igh it nfny have been* passed by the
ottier. The Constiuitiou declares th;it the
G<> riKf ‘‘shuji |mvu the revision of nli Bill-
Cs*ed by both ifbuaes, hefore (he Mime sliali
come laws;” und it only gives to the Gener
al Assembly po\tr to pass lawn, 1 notwith-
Mandmg hi* dissent” by two-third* of both
Mouses,
ITihe Governor, therefore.out of respect for
the two House*, signs u Bill which his judg
ment doe* not approve, he denies lo the peo
ple the exercise of that Executive revision,
which, under the Constitution, they have u
right to demand. n a protection against lutaly
or unwise legislation.
New Ownmcs.
I beg leave to calf th# attention of the Oert
•ril ArtfßlWy to otir new county legislate u.
Th*re may have existed a necessity, a low
year* *IOOO. for Iho creation of several new
counties. Sorm- ofthe old ones, whi.'h w ere
I'tul oui when tlt populxiiMi wan very *pnr*e,
wnreiyntid 10 he too large l*>r convenience
when IVey heoanie more densely settled, nnd
I egts'iiuve interference became
fiiiicm Ihu precedent of forming new oountu**
hat been eMsh|is|i<H|, it i* believed it ha* u|>
ready hen followed further than the public in
Urvn may have required. liiiU lor the or
gsmxiumn ot new tuiniie* covunag small
•trip* of territory, are new passed. wiiu-h, ten
year* i* 1 nee. would have 11*1 with ao favor in
the Legislature.
Tin- mi hi lari '”
tie* a* • n ratio almost doblile that of
the number made at each * s-itfo. We now
have 1 3J counties • the Mule. The whole*
amount ol lux paid into the t*tte Treasury by
•wch of n considerable number of our conn
tie*, 1* tars, by several hundred dollar*, than
the * mount drawn by each of them from the*
Treasury mi payment* ol it* member*, ami tor
ether u*u*l ami n*. -e*itry purpose*. This tie*
luianry Os >evurnl hundred dollar* must, then*
fore.be made up to euofi out ol Ux paid l-\
other*. I recommend mi future*, ‘m tt general
rule*, to which I tljiuh there Should be lew, ft
Ony etoeplionr, thnt no pew count \ be tornu and
W llitli doe* OOt embrace Within it* limit* u ter
niory at icart a# large * the* average *i*o of
the present countie— ve about rednosug the old
counties from vt bioh it i* taken, each to ii-Icnn
area than that proposed lor the non comti) .
anl thnt no fU.h be passed until the Leg
islature i* rnt.'iied that the Mute tux to be pnnl
by the proposed new county, when formed.
wd| be at leuM in die (cut io reimburse the. State
fur all money* which *h* will be compelled to j
pay from her Treasury on tocottnl of i|h for.
matioa , and that each comity fr* iti which ter
ritory shnM tinvo been taken to form the new
one, will be leit with the like ability.
Ram ction or rr. Ni-vint or baxArona and
llt-fKKs entsTi v t:s.
The further fact that I he number of Senators
and lieprescnlHititia 1* increasingwith th# in
crease of the number of new counties, u, in
my mini!, naw her reason why feWif any other
Bew inuoiie* *houUl in loruM-d. Our legisla
tive Assembly 1* already much 100 large, ex*
pensive and unwieldy. A i?eyfie composed
ol on* hundred nnd th.rtv-tw t> members differ*
but little from a lliMaaeof Raprcseattuivew. ex
cept i* uame. It i ebuoat • impossible for *<#
forge u lanly to ruaint.iiu that calm and <1 gut*
fied decorum, and to act with that < mine**,
deliberation and caution which are mdoptut!
•able to the proper discharge of the high func
tions Os a Wise mid gravy Senate; which, when
properly organised I* justly looked to a* one
of the strongest bulwark* ol arepubdeau gov
flUMAk
I Ifcould, therwfort, moat respectfully but
eaffUfsily urge upon your con*ideratioo, the
importance ol an early change of tha Conati
tut ion, so us to retiucu the on ndicr of Senators
mill Hcprcxeniativtrt. I would suggaat that
the fcenate he reduced to thirty-three mem
bers, which would he an average of one for
every fmtf counties; uud tha Honu of Ueprc
Auntaiive to due ImndPcd and (idy-two tltern
bur*, which would he two to each of twenty
counties having the highest representative
pupuixiiiou, find one to each of the remaining
counties Each oftneSo bodies would then be
qn*l large enough for Hie proper disc harge of
*ll it* constitutional fundiona. Each county
would have a -distinct and separate voice m
the House of (leproeeotetivva, the twen
ty atrongest having each two Represent**
lives, lhe adoption ol this suggestion would
then reduce the present number of tten
atora and KepreaenUttves, from three him*
dred and one, to one hundred and eigiis
ty live, lining a reduction of one hundred
uud sixteen. Upon the score of juat econo
my, this reduction should he made, if the ef
licieooy and wisdom ol the General Assembly
will be nothing unpaired by it. I>rl u look at
the queaiion for a moment, in this light. Kbould
the example of the last General Assembly, thfc
members of which voted themselves each six
dollars per day, be followed hs m precedent,
(the propriety of which has been doubted,)
those one hundred and sixteen .Senators and
licpreaentativc* will, in future, draw from tha
Treasury six hundred nd ninety six dollars
per day, during the aesaion. It the session
continue but forty duys, this wilt amount to
$'27,b10 00 each suasion. To tins add f.'il Oil
to each, which is nliout the average mileage of
a member, and the mileage of the one hundred
and sixteen would amount lo s.%£Vri 00; which,
added to the per diem pay ns above fixed,
makes a total <l $01,430 00, thereby saving to
the .Stale, should the proposed reduction he
made, that sum, each session of forty days:
nhould the SCSMOII he longer, the sum will
be greater. But it i believed, now that
I lie sessions are annual, that the |>eop!c
do not expect them to he protracted be
yond forty days, and that no sufficient reason
exi-la for so doing, us all the necessary busi
ness, with diligent attention during the earlier
PhH of Him session, may be dispatched within
that time. The almvo stun is now raised an
nually by taxation from the people, and ia. in
my Ujiiuiun, ill umnnvr wf ihsrt
useless—ns the General Assembly, under ita
present or/ganuation, is believed to he a less
safe and efficient body than it would he if or
gnnfxed upon the plan above promised. For
the purpose of ascertaining the sense of the
people directly u|w>n tin* subject, 1 recom
mend that a law be pasacd by the present Leg
(stature, authorizing the call ofn convention of
the people, to take into consideration the pro
priety of the proposed change, or such other
ehmvgo as will accomplish the object, together
with other necessary alterations of the Consti
tution. tttmutd n reasonable reduction he
made, the saving of expense at n single ses
sion o|*tlp* Legislature would nearly pay the
expenses oft he convention. The Legislature,
as at present drgurnzed, including per diem
and mileage of members, clerk hire, Acc., costs
the Si rite about S4,bUO Off for every day it is in
<pwritwt.
Fat of G'lbu&s and Per Diem of Members
Should be Fixed by Law.
In thin connection, I will remark that the
Rom of clerk hire, alone, has frequently been
inusl exorbitant and imreasonnhw. ft is be
lie .qd that much of this Unnecessary expense
hiiM r©Milied from the prauliee 100 often adop
ted by Ui Chief Clerk and Secretary, of em
ploy mu M turf,*. Mini.l.Mr ql‘ *U|OPUI. i..r..FM.
Luring the m ‘-hiom ,i 1*52. and ISM, the Clerk
hire, iu, the House ol Representatives amount
ed to $41,410, anil in the .Senate to $7,340, —
hrinco then, u law line been passed, limiting
the number of clerks to bo employed; and i
recommend w further enactment, fixing the
pay of enoJi clerk, except two enrolling clerks,
ut $1 00 per day, und the enrolling clerk* each
nt $5 00 per day. There would be no diffitMil
ty in obtaining tho services of any number of
dorks needed, at these prices, who nr© quite
ns competent a* those heretofore employed Ht
six nl seven dollars per dny. The Secretary
ofthe Senate and Clerk of the House of Rep
resent alive*, during l lie Inst session of Hie
Legiduture, (which lusted only thirty-nine
day*,) received each aeveu dollars per day,
nnd uu additional sum of live hundred dollars,
appropriated to each. This Appropriation and
per dieiu together union Uteri to nineteen dol
lars and uiuety-seven cents, each, per dny, be
sides all.the contingent ©.vpennes incident lo
the office ot each, which wore nlso paid out of
the Treasury. Neither of these officers had, 1
think’, live duys oi Official labor to perform af
ter the adjournment of the Legislature.
1 recommend that tho compensation of each
of'lhriso officers, be fixed by law; und 1 would
suggest that the actual contingent expenses of
tins office of each be pnid, and Hint each re
ceive not exceeding ten dollars per day for the
tiyio ho i* engaged m the duties of his office,
mil., .in lurtiiy iUMT'Hiriidhm. -1 Ufa .ttlitliud
to leave it, iis heretofore, to le determined by
themselves nt each session.
On account ofthe laton©** ofthe hour in the
an salon when tho bill appropriating money for
tlu* support Os the government, is usuuliy pus -
ed and presented to tbo Governor lor his *unc*
non, he is sometimes left to tho alternative of
giving it in* sanction whnn n contains items
of appropriation, which are, in his judgment,
unnuceSMsary and exorbitant, and which ho
does not approve; or. of vetoing it and calling
un extra session of tlm legislature to pass an
appropriation bill without thus© items; which
would cost a much larger sum than tlm amount
comaiiicd in the part* ofthe bill to which he
objects.
It the compensation of the members and of
nil officers of every character connected with
the body, worn fixed by law, much of this emj
harms*inent would be avoided; as any pro
posed cimuge would then bo brought up in a
separate bill and acted upon with reference to
it* individual merit*. Indeed, propriety would
seem to dictate that no appropriation of doubt
ful expediency, should be fastened upon the
regular appropriation lull, the legitimate object
of which is. only to appropriate the several
sums of money which m o known to bo nece*’
1 I *v to support the government. All other
proposed Mppr.'pnntious should ho acted upon
‘•*t©iv. feavim each tn stand or fall ou ita
ov n tncfit>.
rMANOR OF TIIK CoNNITH l! IV
In accordance with my I4eouin*oudatinn. n
bill |tn**cd each branch oi the (L-nci.u \**eio
bly, at its last session, by a < * :i-iitu!<mnl run- j
jority, entitled. “ An Act to .-tmiige the Ist I
Section ofthe 3d Article of ihe l ‘onstitntion of I
tin* State.” The object ofthe proposed amend !
moot i*, to authorixe a change of watte in the >
trial of criminal cane*, when, m the opinion of
th© presiding Judge, the end* ol ju.-crv may
require it; so I hut n defendant indicted for
murder or other crime, in one county, may, if
the Judge deems it necessary to the ends of
justice. (©’ transferred to, and tried tu another
county adjoining Hi© one In which the crime
i* sdtnripeu to hav been committed. The bill
wns p j*erlv enrolled, and \eu* signed by the
Spe.i.'ri of the House of-Hepresehtutivus, but
was not signed by the IVesideHt of the Senate.
A* the Oust it at ton requires that h bill of this
(diameter aha II pna*two*uere**i\e legislatures,
•*” h by 0 two third majority, he fora it shall
become a part of the (\Mi*tttti|ion, nnd nn adi
v 1 sity ofomiuoii seem* to exist among mem
hors of til* legal onofeichm, ns to the necessity
of the signatures of the presiding officers oflhe
Legislature during the Session at which the
bill w is first pushed, 1 thought it advisable to
publish the bill, 11* required by the Conatitu*
* n “’ n* its-s nirs iroen lidiiu,) met u nuouiil ft,
wrih the ta.-ts. tor your consideration. 1 deem
the proposed cliangeof the Constitution an tm*
portm.t one, lor the reasons given in my last
Annual Message.
A*Moment or the Penal Cop*.
While u the a abject of criminal law, I do
sire to call the intention of the legislature to
other chnngea, which 1 deem important. When
a defendant, under the present law, is convic
tud of n niMio, the punishment of which is
dtpuh or pciiMtmiiury imprisonment, and the
cn-e is earned to the Supremo Cos 11 cl and the
judgment ot the Court below is ulliruied, the
defondnut. if ho i* not out on bail, must remain
in jail, n charge to the county, until the next
term of tin* buponor Court, which is some
tout , nearly m uiontlis, before he can be re-
Mpideut cd. To avoid tnis-delay of justice and
tin* consequent unnecessary expense to the
county, m such cases, I would suggest that
the law b* m changed ns to authorin'* the
ludK** '* the Superior Court, in such cases, to
re prhiuiuace **“’ sentence, in vacation at
Chambers, upon motion of the Stilieilor tieue
rat, Without delaying the execution of the law
till the tk*xt regular term ol th* Court; which
delay sometimes emibles the guilty to escape,
and Wlnuh in alniost every case, impose* a
heavy tux upon tlu* county.
Ity tlm lttlii scot .oil ol the 1 Ith dtvjxionof
the Penal Colo, it is enacted ‘ that any per
son a.:must wiium a true bill of iiulicimcut is
“mud tin an oiicuce not ellbcting hi* or hor
life, may ihunand a trial at the term when the
nutlet meat is found, or at the next succeeding
term 1 imreafrur, which daninud shall l*e placed
upon the Minutes ol the Court, and il such
per-on -nail not lm tried at the term when the
demand is made, or At the next succeeding
term 1 hereafter, PunuM, that at both terms
there were juries cmpannelled and qualified
to try a null i*fihoner, then he or she shall be
absolutely discharged and acquitted of th* of
fence charged in the indictment.”
The Supreme Court first held that thede- 1
fondant might make th* demand ut any term 1
after th.* liming of tlm hill of indictment 1
They have since held that the demand can on- 1
Jy b* mad* at the term when the utdictmem is 1
found, or at the next ftuceeeding term. For
the purpose of making the law more certain,
I recommend that this .Section be so amended
aa to pencil the defendant to make the de
mand ut the term when the bill of indictment
ia found and a statement of the came is read in
opeß Court by the Solicitor General, >r at (he
first or Second term thereafter, or at the third
lerrri If the Solicitor fails to read the statemuiii
of the case in open Court at the term when (he
bill jp found, or to notify the defendant
counsel that the bill ha* been found true by
the grand jury. And on the other hand, for
the piirpima of promoting the end* of justice
by securing a.wpcedy trial of offenders, 1 re
commend such change in the law m shall com
pel defendant* in criminal cases, to come to
trial, at furthest, by the second term of the
Court after the term at which the bill of indict
ment is found, uuleak further time be given by
the Court on account of very special Providen
tial cause.
I’akdomwo Power
Luring iny term in office, I have seldom ex
ercised the pardoning power. While I admit
that there are rare cases, a* in the case of
newly discovered evidence after the convic
tion, which might reasonably have changed
the result, bad it been before the Court on the
trial, and a few’ other case*, where the power
should le exercised, 1 do not doubt that its ex
ercise may lie, and often in, much abused. I
have therefore thought it iny duty to exercise
H with great caution, believing that it is far
better, as a general rule, tor the safety and
w elfare of society, that the decisions of the
Courts and juries deliberately made, with all
the fact* before them, should not be disturbed,
f have no sympathy with that sickly sentimen
tality, winch alwuya, forgetful of the injuries
inflicted upon the Innocent by the guilty crim
inal, would in the name of mercy, turn loose
upon the community every felon in w'hosc fa
vor a sympathetic appeal can be made. I have
not only refused the exorcise of the pardoning
power—except in a few very special case*,
such n* in iny opinion w'ere contemplated by
tboae who formed our Constitution—but l have
also refused to respite defendant* in cases of
muffler, w hen, in my opinion, after an exami
nation of the evidence, the finding of the jury,
mid the judgment pronounced by the Court,
were in conformity to law, and the principles
of justice. In such case* my opinion is, that
the officer* of Hie law should not be hindered
ill its execution ; and 1 have not, therefore,
suspended the sentence, nor referred the caae
lo your consideration. The Constitution does
not say that Hie Governor, iu such cases, shall
grant a respite, but only that be may do it. It
is evident, therefore, that it is made his du
ty to exercise a sound discretion, in determi
ning whether or non he case ia properto be re
ferred to the decision of the Legislature.
PnimnuiT and Btatk Asylum*.
For a statement ofthe present condition and
management of the Penitentiary, the Lunatic
Asylum, the Academy for the Blind and of the
Institution for the education of the Deaf aud
Dumb, I refer you to the respective reports of
the person* in charge oft hose institutions.
General Eli McConnell, Principal Keeper
of the Penitentiary, in his official capacity, by
my inatrnstion, took control of ita repairs ami
reconstruction, aa contemplated by the Act of
the last Legislature, which appropriated SIK,-
000 for that purpose. He is erecting the build
ings with convict labor ; and a* each building
ia completed, the value of its construction ih
to be estimated by good mechanics, who are
disinterested, and the sum awarded by them,
it to be paid to him, a* Principal Keeper, fur
the use* of the Penitentiary, out of the nppro
tirmi-nn Th#* appropriation will noi, nrohn
>ly, be sufficient to defray the expenses of the
erection of all necessary buildings for work
ahon*, dining-room, chapel, extension of cell
building, dec. After these shall have been
completed, It is important that the walla be re
paired and parts of them entirely rebuilt. I
therefore recommend an additional appropria
tion of to complete the necessary re
pairs and reconstruction.
W. & A. Railroad
For information in reference (o the condi
tion, management and iucoine* of the Western
und Atlantic Railroad, for the year ending .'MHh
September last, you are referred to the report
of Dr. John W. Lewis, its very vigilant, effi
cient und worthy Superintendent. I iecl that
1 do bur an act of justice when I say, that in
my opinion, the State ha* at no time had con
nected with the Road, iu any capacity, a more
competent, trustworthy und valuable publio
servant. It will be seen by reference to hi*
report, that the sum of Sl<i,noo in cash ha*
been paid into the State Treasury from the not
earning* of the Road during the fiscal year
ending Itftth Sept. last; and it will be seen by
the reports ofthe State Treasurer and Comp
troller General, (hat lour hundred umi twenty
thoiiNiind dollars have been paid into the trea
sury during the fiscal year ending 20th Got.
I Sail. The old iron on about 26 iiulea of the
track, has, since Ist Jnu. lbfth, been taken up
IIUW (lbu r contrartad which are not or.>iupl -
ly paid monthly, j| demamled; and no agent
appointed or retained in oitw dor.n* * y *n
in mist ration, is know u to be a defaulter to tho
amount of a single dollar
I confess that the amount paid Into the trea
sury from the road, during the pal year, has
somewhat exceeded my expectations. Fortius
1 atu indebted not only to the Superintendent,
but also to the untiring efforts of the honest,
industrious,and faithful officers and agent* as
sociated with him and under Ins control.
It has, 1 think, been clearly shown within
the last two years that the road owned and
controlled by the State is a productive piece,
of property; and with proper management in
future. 1 feel safe in the prediction that it will
remain so, und that the incomes from it will
continue to increase with the increase of pop.
ulation, business ami wealth in the country.
So long us the road remain* under my con
trol, 1 invite strict scrutiny into its manage
ment ; for I subscribe fully to the doctriuethnt
it is proper to hold public functionaries to rigid
accountability. And lam willing that judg
ment be pronounced upon my official conduct
under the application of this rule.
In tho construction of the roud under Stute
management, it i* not doubted that there w ere
in itinny instances 100 lavish an expenditure
of the public money, and that it cost u much
larger sum than it should have cost. lam not
prepared, on that account, however, to admit
that any good reason exists why a Slate may
not manage a great public work of this charnc
ter with u* much honesty, economy and sue
: “as a corporation. To accomplish this nb
• j 1 * i only necessary that the officer having
I the appointing (lower, select agent* who are
• ipetent,honestodfaithful; that he lay down
*trict rules for the government of their conduct;
that he give so much of his individual attention
to the work as will enablehim to know wheth
er <r not those rules are violated ; and, in ev
ery case w here he discovers he has been de
ceivod in the selection of a proper agent, or
where an agent has palpably violated the rules
laid down tor his government, that he hnvethe
moral firmness and nerve, w'ithout regard to
per*ounl <-ouiderationx, to apply the corrective,
by a prompt removal. The observance oft hose
rules is, iu my opinion, a duty ofthe appointing
power, from which he should never shrink.—
M he performs this duty he can seldom fail of
success
Regarding it as u matter of interest, I have
endeavored, at tlm expense of considerable
labor, to asoertain the original cost of the State
lloud; but I find it impossible, for the reason*
given in the able and very valuable report of
Ccit. P. Tliweatt, Comptroller(leueral, who ha*
also given much attention to this subject to
arm-put u conclusion with entire accuracy.—
It is believed that the report of Mr. Garnett,
then Chief Engineer, made in ISI7, of the
amount expended at that time, ia about cor
rect He estimates the whole cost to the date
ot his report, ut 53,306*100 S3. Since that time
there has been appropriated to the construc
tion of the road, it* equipment, Arc., in cash,
nnd m the bonds of the Stule, the huiu of sl.
ISd.JM 97. Add these sums together, and w e
Have $4,441,539 15, hn the total amount appro
priated by the Legislature, and paid out ofthe
State Treasury tor the construction nnd equip
ment of the road. This in my opinion, is a
very near approximation to correctness.
1 am aware that seme persons, in accounting
for the gross incomes ofthe road siuce its com
pletion, have charged large auiouuts of these in
comes to construction. These sums were. I
think, generally more properly chargeable to re
pair*. .to., than to original construction. As an
instance, the Ktnwah bridge was burned doom
some year* after the road had been in operation,
and it became necessary to build u new one. The
cost of Eliia could not pro parly hs charged to origi
nal construction, but wa*. 1 think, psoperly
chargeable to repairs on account of easualitv.
A portion of the irou originally laid down on
the track, became so much worn as to be unsafe,
and it was necessary to procure and lav down
new iron in it* place. The cost of this also wa*
property chargeable to to original
construction. If a Depot building was auffloient,
when the road wa* completed, to aconmrm.date
all who had business at the place, but which af
terwards, on account of the deoay of the structure
or increase of business at the locution, was found
to insufficient, and it became necessary to
build anew one. its cost could not justlv be
charged to original construction.
\V nhout multiplying instances of thin kind,
1 conclude that as soon as the Legislature ap
propriated n sufficient sum to complete the
road, and to place upon it the superstructure
and machinery necessary to the transuotion of
the business offered by the country to th© road,
the original construction account was At an
end, and that all such enlargement of buildings,
reconstruction of bridges, renewals of super
structure, ropnirt of trnck, tot, toe., •• wtr#
afterwards required for the safety of trnspor
tation and travel over the road, or for the no*
corurnodatioir of incre*ed btisine *, is properly
chargeable t<> xpeu*e of keeping up the road,
and not to ox Dense of building and putting it
in 19 operation. Had the road remained unpro
ductive to the treasury lor a quarter ol a cen*
on account of bad <Tops, caHunltie* from
fire or flood, commercial pressure, bad man
agement, or from any other cause, it eoulfel
only have been evidence that tlm < ritual
investment was an unfortunate one for the
timo ; but surely the repairs made and all the
Ml.lies’ losses during that time, could not, tu
justice to llie officer* afterward* iu charge of
the road, be properly chargeable to original
cb*t in calculating the per cent, which the
road might afterward* pay upon the original
investment. Estimating the original cost,
therefore, at $4,441,5.'12 15, (lie road during the
past fiscal year, (uudmu ‘2oth October lust) hu -
paid into (he treasury of the State nearly nine
aud a half per cent upon the original invost*
ment. And it should nol be forgotten in this
connection, that it wa* built at a time when
railnnuling w-uh not well understood, and that
it wa* built as a public work, nt . cost greatly
more than would have been expended is it*
construction, even ai that time, by a prrate
company.
Had lbs same economy been wcd which i
usually practiced by private < ompanie*, the
whole cost of the road would not probably have
exceeded, if it even had amounted to SG.ODO,-
000.
The an si paid into the Treasury during the
past year ht fourteen percent upon that hiiD’ In
comparing the present management of the road
wit L Company management,-it is cert ain IJ just
to the prenent officers, who did not build It, to,
count the per cent Upon such sum only as the
road should reasonably have cost bad ft been
built by n Company, and not upon such sura u
It may have cost it odor the extravagant -v-'-m
which is sometimes practiced in tin- original
construction of publjo works
(IxoaotA Military Institute.
It is to bo regretted that tho Georgia Military
Institute at Marietta has not been a* prosperous
the last year as Its frierrdi hod anticipated. This
may bo the result chiefly of our do foe live legisla
tion for its government. An at present organized,
it i* under the control und Management of a Hi:
perintundont, a Board ofTriwfo* * ;i-*d •• ** mid of
Visitors, whose powers, r lively, are not well
defined. In this conflict ol jui imhct.on, that de
cision and dispatch is wonting which i* absolute
ly necessary iu maintaining government iu tho
Institute. The consequence has been th*;
number of Cadet* is gmally diminished, and the
character of the Institute has suflorud in public
estimation.
At the end of the last term, Col. A. V. Brum
by, the late able Superintendent, and Cupt. Mc-
Connell, late Commandant, resigned their respec
tive offices ; and Maj. \V. F. Capers, who ha* for
a nutub* rof years held a similar position in our
sister Htate of South Carolina, ha* boon elected
Huperin tendon t, and Capt. W. J. M< (Jill, of Char
leston, han been elected Commandant. These
gentlemen have both acnepted, *rd are how at.
their respective posts, giving, h* fur ui 1 can learn
general satisfaction. It is to be hopud. that with
necessary legislation for the govcriimemc of tho
Institute, they may soon be able to restore it in
publio confidence uud raise it to a high state of
prosperity. Maj. Cnperi yielded reluctantly to
the call of the authorities ofthe Institute, and
only upon the guurenty given by the joint Board
of Trustees and Visitors that hid salary should be
made secure. The position which he resigned in
Charleston was paying him ii“ large ;t ilnry m
ho is promised in thii Suite, and it w.is there f
cured by the State. I therefore recommend that
th* is* at ■ 9 uttf 1 , i I I
-of the Superintendent, and that this be an an
nual appropriation for that purpose till tho in
come* ofthe lufetifutc become sufficient to defray
all its expenses and pay the salaries of all Ith
Professors.
Bv a joint resolution ofthe last General As
soniDly the Governor, in connection with tho
Board of Trustees, was authorised and empower
ed, (should they deem it necessary for the welfare
of the Institution,) to employ an additional Pr •
feasor for the saiuc. By virtue ol this authority
they engaged the services of tho Rev. .John W.
Baker, but uii account of (lie reduction of the
Cadets occurring soon after bis ap
pointment, and tho consequent diminution ofthe
incomes of tho institute, no hn - not received his
salary. As he wa* employed by authority of the
legislature, good faith requires that a sum suffi
cient to pay his salary for the timo be ha* served
lie apppropriated.
At their last joint mooting, the Board of Tro - •
tees and the Board of Visitors, utter mnch delib
eration. agreed upon a bill to be laid before the
legislature, proposing *uch changes in tho Irvv
for the future govcrVmieut ofthe Institute as ex
perience bus shown to be uecessary. Amongofft
er things it is proposed to abolish both the old
Boards, and to substitute iu their place n single
Board, to be charged with tlis entire govornment
of tho Institute. It is also proposed fr connect
tho Institute with, and make Ha part of tho Mili
tary organization of tho State, and tu giro o< tv.o
1 " 1 • Hn- ■|Bmtt, l j..unii wi uxai-ife-
Tills, itf* wftwvsii, will eeepre root*
strict military government, which l* considered
indlapensibly nuc-*ury to it ftitccegs and ura>
I'utncsM of the Institute. | therefore re-qwclfully
recommend the passage of the, hill proposed by
the joint Boards.
Ml I.ITA II v SVSrSM- VOLl.vrssß IOKVI.
For tho purpo*o of giving now life, und energy
to ur military system, which is uuw almost cu
tirely neglaotud, the importance of affording to a
portion of the youth of our Strtto a thorough mil
itary education, cannot bo too highly appreciated.
Tho people of many of tho State* of this Fniou
Aro falling behind most of the civilised nation* of
tho earth in military training. Within the but
t wunty years the more powerful nations of Europe
have probably advanced more in military scienco
and skill, and in all the arts of war, than they
bad daring any previous century. It is believed
that no one will doubt the correotne** of this re
mark who has observed attentively tho late
struggles between tho contending power* in (he
Crimea and in Ituly.
There is nut a more brave and patriotic people
ou earth than thoao of the United States; and
there is probably no uation whose militia in so re
liable ou tho field of battle, yet in this day of con
stant oiivaacement in military science, tiiowj who
depend alone upon patriotism aud valor enter the
field, oven in their owu defence-, under great dis
advantage. {Should our couuiry be iuvaded by
any of the great powers ofthe other hemisphere,
our people would be found at the eomnieimintut
of the struggle to bo almost destitute of mili'iU
training. Until this deficiency could bo supplied
they might bo unable to contend with tho discip
linod troops id’a regular army, without great loss
of life arid muuh detriment to our uatioual char
acter.
TUer ia probably no Stato in the Union, oor
taiuly not ouo of tbo obi thirteen, in which mill
tary training i* more ueglcetod than in our own.
We know not how aoon wo may bo brought to the
practical teat of defending ourselves against tbo
assaults of foreign ambition, or the more unnatu
ral attack)) of those who ought to b* our brethren,
bnt whose fanaticism la prompting them to a
course which ia daily weakening the Uv* that bind
us together as one people. The father of his coun
try has adinonithod us to prepare sos wnr iu linn
of peace. If we would profit by his advice it is
necessary that we reorganiseeur military system.
I do not hesitate to say, that the State should of
fer every reasonable inducement for the orgnui.
satiou uud training of volunteer military < • rps,
as the best and most efficient mode of reviv in ii,e
military spirit among our people. This cannot he
done until she bus made provision for armiiu: Mich
companies. At present, the only provbi n for
fhis purpose. i the distribution of the sunwl quo
ta of arms which the State receives annually from
the General Government, and which U wholly in
•<ls((ii>ihi to the dviuamt. the cons. ,u< n i-,
that many of our volunteer companies are * in
out urin*. while many others would bo o*;.iiuml
were 1t known that they could he supplied wish
suitable arins.
Frequent applications are in.M.i to this Depart
ment lor arms with a view to the o.ga i uth nos
new volunteer companies ; uud when thiwa who’
apply arc informed that they cannot bo supplied,
till further attempt to organl/o Hitch companies
arc abandoned.
Fur the purpose of encouraging the organisa-’
tion el Nlnhet corps, In
wii
military eerviee other than that performed by
volunteer corps, be suspended, except in case of
insurrection ur invasion; and that a commutation
tax Ihj assessed and collected, from each person
of twenty one years of age. or upwards, who is
aubicct io military duty in the State, and who is
net a member of an organ lied volunteer corps
which drilled at least onoo a mouth throughout
the year, preceding the collection of the tax.—
This tax should bo large enough t<. raise a smu
sufficient to arm the eutirc volunteer force of tie
Slate, with the latest and most approved style of
arms. As soon as a sufficient -urn shall bo col
lected in this way, 1 recommend, us a means of
procuring the contemplated arms, that it be ex
ponded iu the erection at some suitable location
iu the State, of a Stato Foundcry, for the manu
facture of arms and other munitions of war. This
would make the Stato much more independent in
case of emergency. The God of Nature has sup
plied us, iu rich profusion, with all the materials
necessary to the accomplishment of this pur
pose.
If ample provision were inaiio for arming onr
volunteers, they would exhibit much military
pride ; and the young gontlemen educated at our
Stale Military Institute, would, in all probability,
be elected to the command of many of the compa
nies, who would bring into practical operation, iu
training our militiu, 1 id skUl which
they have acquired at the Institute, lu cose of
war, we could then bring into the field a largo
force of well trained volunteers, cemmnndcd by
officers of thorough military education, who would
in almost every esse, be natives of our soil. Our
untrained militia, if ©ailed into the field, with
uk a forte and tack vfflceri M their head, w VU Id {
a t m*e become infused with tld£military spirit. ,
ami soon with much of the mil*fwr> skill, of tlu
volunteers sod would uonsfttme Wib them an in
ylpeibUt f>)
■ •oniric a'l'Hm* oi tiij; -a A|h.
Jrovi#ion wa- iff;*de by ih* lq*t flffpetal \
MMnblv for tho oodiffoatiun yf the InW* of tbir
Uta'c. n-l Hon. 11. V. Johnson, Iverson L. Harris
kutd Uavid Rwin, were ©lectori Commissioners to
pjPfoj-iu thfft important service. The two lurmet
d*eti„ -d lom cept b ofspolatteent. ‘Apo statute
provides that any vacancy whi.di may *.ccur
among tloj Commis*i , *nol , i*. shall be flllou by the
next Oobernl Assembly. To prevent n fuilure ol
tb eoamlasHß). sod the defeat of th© object had
iu view by the !>ai*latnre, I proroodbd at once,
in accordance ai'n ihe fewer vi-*sd m inoby th*
C-meHtutioo, to flit said vac*ap|es. till <h next
[ snssUin ofthe General A*rct||fi| by the appoint-
H.ontof non. T. K. n. ’ .blfiwd Hun. Richard
U. Clark. These accepted tho ap
pointmoat, and, in oJinieclion with Judge Irwin,
have been prosecuting tbc work hitherto with
great energy.
It is not doubted that, this work, when coin pie
led, will eon tribute much to systematize and situ
plify our law*, which will enable the people much
more readily to comprehend their true rn* Hiring.
The time allowed tho OomtiriASlonor# by the stat
ute within which to tin tab the entire work, is only
twenty months. I think it hardly possible for
thorn u* complete the work within that period,
with that care and accuracy which are iudipen
aiblc to it* contemplated utefolness. I would,
therefore, recotniuowd un extension oi the time to
two year*, aud that the compensation alhiwetl
each CoißTOJsioer bo fixed at thr<. thousand
dollars per annum, wbilo engaged tu th work.
As b will bo proper that a ycry plain and legi
bl©-copy of tho entire cod**) as finally agreed upon
by the CormniAzfoncrs, should be prepared in
manuscript, to I>© Ik id licforo each House of the
General'Assembly, and if adopted by tbout, that
a copy bi filed in tho office of the Secretary of
Statu, a* au entire Act, it w considered indi*-
risible (bat the Commissioners have a dork t.u do
this clerical loiter. I therefor© appointed B, B.
BeGraffisircid, of this ci*v, wiio is eminent
ly qualified, as citrk t . Uio Colu: •? 11 * loners. I
rucomuisnd that su* ii sum ho appropriated to
him, anaualiy, whi j engaged in that capacity, as
Will amply eompe .sate him for bis services. I
would al*o ittgge*- • the propriety of fcppr -pristing
to each of tbs Cb-o#*•**•*•**-* **-•! portion oi'hl
salary may be rcusooahlu, to b© paid at f-ucb
i times, wbilo e.nga r od in tho work, as tho Gci vrsi
AsaotuJJy shell dv ignate.
Cobb's Statutes axd Fousts.
Bye joint resolution of the last G©**'ral A
?fcUtb!y, it was mad.3 my duty to i<* , tl;re<
Commissioners t* extuuinu ih© manuscript of the
proposed new work of Hon, iiowuii Cobb, ot
Hsitston, which is an enlargement and improvo
meuiof bfe Analysis and Forms; and in the
event of a favorably report by th© Comainsion
era. it waa also ra id© toy duty to subacrib© for
such number of copies for tbe.St.it© ns should) In
my judgment, bo necessary. On receiving from
ttjo Commi-sioncri a very favorable report of ri e
work, I subscribed, in behalf of the ri'.ate, for
3,000 u<<|ri©?*,t five dollars j*.*r copy. For the
purpose of facilitating the sariy completion util
distribution of the work duiong the counties, I
advanced to Col. Cobb, in Hcorda* 4 •* with th
spirit of th© resolution, SJ,Ot)O, from tiio coutht
gout fund, in part puyuivnt. Tho books have
been received at tho Library : and uh many of
tlrnru may bo necessary will be *listributtri
diuo/ig lb© uounXlen, with the laws and journals
of the present evasion.
Tho work is ably and faithfully executed,"bud
does mneb credit to its distinguished author. It
is expected that the remaining $12,000, do© on
(inscription, wril b© appropriate*! at
your p.sxont n.
Weights and Muu’in-.s.
An appropriation of SIO,OOO wu* made at tb©
j isst session, for the purpj-i; of supplying all the
j counties not thru supplied aitb standard weights
j iwul measures. Slmti after tho clnxo of tfa sts
sion, 1’ ©mixed circulars to t addressed to the
Clerks of the Superior Conrts of tho several cnoß
ties, informing them of the feet of such eppro
! priation, and requesting each to report t. me
j whether hit* connty was xuppliod with these stan
< r ar<l? ; and for:her notifying each, that bin coun
ty would be considered as supplied unless ho fur
imbed th© information. In reply, 1 in
lorn atlon of the deficiencies whh h existed in 118
counties. From the remaining 10 count in no
reply wax received, and l wu* loft to presume
that each of tho latter wav folly supplied. 1 hare
irinoe c.ui- dto .... i„ cmi ; •
each county brhoa© clerk informed tuu of any de
ficiency, tint siHUdurd weights and tgeasr(!i
which wore considered litres ary. If tho .supply
needed by any county ha* hot been shipped |.<
its ucureot railroad tijqpot, tho faul t n o w irii its
own officer who failed to forni ui it;iurination of
it* necessities.
I have also caused to lie deposited in tb©
h’fofo Arsenal at thi* place, 27 seta of standards
similar to those iurniehed th© ©miutiea above
mentioned, which are subject to tho future diroc*
tiMoflbu I c..; i.ijtlure. _ r-TT KY
j i hvHo ri^bjUuu l ts” ‘nfiT doubled that thov
supervision of Ifol John T. Hialth, of that city,
who'wa* formally u Secretary ir 11>* Depart
ment.
€KN 9 BH OP 1655.
! Io accordance with the requirement* of the
I Constitution, sbe hi*f legislator.* made provision
for taking the Slate Consul this year, which has
| boon done: and it will become your duly to make
the septennial apportionment of members among
j tbo respective comalice, in proportion to their re
j spetdive population.
LißHtnv.
I Fur several years past, an annual appropria
tion has been made, of SI,OOO, to imaxu-a the
State Library. It should he the pride of tteorgia
to supply hcreelf with a library as extensive ami
j valuable as that possessed by any other State in
! theUiuou; and I trust her Representatives wUI
i continue tu provide fur i's annual increase.
Tl. Library i- t prtKnt kqi( in one of (V
j rooms o! the Capitol, which in entirely tdo sniull
j *'•* the purpose. Many valunblo books and docu-
I merits, tor want of room iu the Library are now
! kept in the basement rooms of the State House,
where, on account of the dnn>pnw of the rooms!
| they are much injured. Itln rcfbro recommend
j that an appropriation of $10,01)1, r mi h other
’ sum a * m *y ho necessary, be imJ to build a fire
j proof brick building ou tbcpnVh ‘round cum of
tho >tato House, to boused for t. j luroose of .
j Library.
I aixKaai.ocic.4x AKD oeoi.i,*ual arnrsr.
In the event of a miueralqgical and geological
survey of t>io Stare, one of the room* in the pro-
IMised building might bo uei as JV Cabinet lor
tbo depmU ot valuable specimens of ores, fossils,
1 *l'* Q| d doubt that such a survey would
bring to light immense wealth, which , s now
j buried in the bosom of our Stale, I therefore re
new the recommendation uia*lo in my measago to
thw l£#t Legislature, that provision bo made by
tbo State lbr such a survey.
BOPITUARV UXS nsi WUBX OBOROIA AND FLORIDA
I am informed that tbo last Legislature of
Florida agreed to the prepositions contained in
lire joint resolutions passed by tbo Legislature of
this State at it* resafeu of 1847, for the settlement
■ t the boundary hue Utween these States, upon
tbo b*. is agreed up*>n by tho Ut KxeeuUves ol
tao two states. ‘1 bo Governor of Florida, being
desirous that the line between the terminal point*
which have been agreed upon bu ro-surwyjd. as
contemplated by 0e joint resolution of the Leg.
UUtnres of tho two states, hu appointed B. 1\
IVhltom, >. Surveyor ... Ho ... Klo.i
da; sud I hvo appointed Prof. Orr, of Emory
College, a* Surveyor on the part of Georgia, who
will proceed soon to run-tuc line, and thus tcr
mianto, I trust, all further misuuderatandior be
tween the two St* e*. iu reference to this vexed
q tile lion.
1 rrouiuincml th* p M s-g of an Art amliori,.
itt-f tbo Governor, so soon as the survey i* com
pb*> and. to draw hi* warrant upoy tho Treasury lor
*u :i sum as will compensate Professor Orr! for
hi* services.
f ATLAXTJt AND um.r aAII.RUAn.
1 ■* n May last, 1 visited th Atiautic A Uulf
Railroad, and l take great pleasure in ,-aviug
| that I consider it u oxo .dlcut r-cid. * v far m'u 1*
completed, reflecting great credit upon the aide,
• energetic and efficient officer* who have had th#
work in charge, and upon foe trustworthy and in
• telllgont hoard of directors who haw the super
vision and direction of its affairs. While tbs work
Moeui* to have been fuitbiully dons, uiv opinion
K that those having the control, have permitted
no Wasteful* or extravagant expenditure of the
Mato s money. 1 11 common with the clUsoni of
(leorgia, I deeply regret the death of Dr. Jam s
I*. tb rsven, the late able and um iring President \
of this road. It is said, that in his extraordinary I
efforts to push forward toils completion this
great thoroughfare, w hich is to give new life and ‘
energy to a large and very interesting section of j
onr btate, h contracted the disease which teraii- ;
natod hisyaluablel ife. The work, when com-!
plated, will stand us a well descried monument
to hi* memory. Th Hoard of Directors, since |
the date of my last Message, have ccniflH to me
1 ns tho statute require#, that the second, third aud
bnrih instalments, of sixty thousand dollars
1 icb, have been paid in by tho private stockhold
er*. on their subscription, 1 have, in each caae
if uod fifty Ihousaud dollar* ofthe .Mates b .I,’
is tho stalute directs, and delivered fbem to the
• 'tpany. at par, as the Stats** Installments dim
ipouher Stock. The whole amount of bonds is
siad to this time, on account of the road, is
j wM.OOfi, for which the State holds that amount
o'stock in the eotapany. Tho Di root or* having
J tely notified me that the fifth installment of
$.0,000 has been lately paid in by tho private
f ockholders, I have prepared *511,000 more of
i L, bonds, which are uw ready for delivery, and
vill bo deuiauded in a few days.
STATE Air.
In my annual message to the last Legislature,
. gave st as my opiaiou, that it would b# good
polity for ibtbtote to lead her credit te aid ut
h© cou*t ruction of such other railroads as may
be necoioiry to the mor© full duveiopibent of her
v*a*t res *ur*x, provulvt “he b mad© perfectly
sty -nd doubt, against ultimate loss. I
■ ill •ut rtaitt tb same opinion. In lending hi t
.i bhi the of a road, I only propox*
t Uni the Stat*’ indorse tbobondf ofthe compiny,
niter :vr*-aio.iablc proportion of ihe road is fir>t
■ inplotC't, for a uui sufficient to purchase tin;
iron to .complete tho rest, as last as tho company,
ntYtsTO it expense, shall have first graded tbe
to i l and laid down all th© timber* and supor
•trncturo, tefflf for the iron.
Fir th© purpose of securing tbe State against
10.->, on account of till? liberality, I propost that
she take and retain a mortgage or statutory lion
upon tho entire road, a* well tb© part completed
before her liberality wjs incurred a.t the part
completed afterwards, with all tbe superstructure,
rolling ;-t>ck, fixtures, franchises, and appurteo
o!:■- <d tiv*'r>’ üboriuiter belonging lo th© com
j rt.jy, with ill© right to sell the whole, after sixty
oraincty days adverti-’ moat, whenever th© com
pany fniU to meet and promptly pay any install
ment of interest or principal due on said bonds.
And shou'id any purlieu of th© State's liberality
remain unextinguishod, after tb© eoloof the road,
I propose that tb© whole deficiency, whatever
may b tb© amount, be divided among the sol
vent stockholders, in proportion to the number of
share,- owned by eorli, and that th© Comptroller
General, undor an order from the Governor, ia
sue execution immediately agaiut ©aoh, for his
proportion of tho deficiency, lo be levied aud col-
I tic Led l*y the Sheriff of the county in which the
defendant r sides, or of any c*iunty in which ho
may have property. This would, in my opinion,
in.ibe the State amply secure. Indeed, it is not
probable that she would ever have to call upon the
stockholders to ruake up a deficiency, after the
•ale of a road ; as it is not reasonable to suppose
that any company of sensible men. simply hc
tii© (State would agree to indof'c, their
bunds under tbe very binding reetrict’.uoa above
proposed, for a sum sufficient ’ purchase tbe
lai . r pari sf the iron, wo*-’ ever invest their
capital in grading an* ..adding a road which
w-.td.l be of to littl'j value, when completed, that
t he whole rad, and all its spparteoonces, ioclud
’.ng tbe iron upon the entire track, and all tbe
rolling stuck, would not bring, if sold, a sum suf
fi- ient to p iy for only tho part of tho iron for the
price of whih the State would be liable.
Capiulfois do not usually invest their money
whore they not only expect no dividends or in
•omc. but the loss of tb© principal, with an ulri
mar© liability so future a<lditiunal loss? conse
quently, it is not reasonable to suppose that tbe
.-if.ockboidors in any ootnpi*ny, under tbe propos
ed plan, would undertake to build a road, and r©-
•eivi; the State’s aid by the indorsement of their
bqudx, utries* they were satisfied that the road
wa? n p.ririie nccesity, and that the stock, after
Ho road should be completed, would pay reason
able dividends.
The law, if passed, should be a general one,
giving to ©very company in tbe State, engaged
in the construction of a railroad, the sam© aid,
• object to the same liability. It may be objec
ted, that th© terms upon which it is proposed to
graut tb© aid are so oftevoustbot no prudent oom
p:iny w..uld avail themselves of its benefits, and
that no encouragement would bo given by th©
pryp'.sc i plsn to the development of tb© resour
ce .if thu State ; and it may be asked, what arc
t ’in advantage* of State aid, under this plan?
To this it. tuny be replied, that th© company, with
the State's indorsement upon its bonds, can sell
them at par in tbe market, and thereby av© it
•eif from the ruinous loss winch it would have
to bear, should it be compelled, by its necessities,
as such companies often are, to expose its bonds
in tho market, without such indorsement, for tbe
purpose of raising money to complete its road.
Many companies, vbu;h aro now doiog a pros
i/o-i..- -?. wnne t .nuraciiMg metr roads,
were compelled to ©oil their bonds ut sixty oou
> iu the dollar, to raise money with wbteh to com
plete them. Had tbe bonds of any gtic-h com
pany bad th© proposed indorsement, they would
have com to* <>ri**d par In tbe market, and thus
over efto-third of tic cost of construction wotrid
have been >av and to tbe company. As an illus
trati- u, suppose U will cost sriffo,ouu to build a
road between two given points, snd the road, if
built, would be ot touch public utility, and do
much to develop© tbe resources of an interesting
section of the State, and a .■•olvcßt company,
without the cash at present, undertakes to bund
! it upon credit, by the -alw of its bonds, as such
roads are often built, the bond* must be offered
in tbe market, and will bring only six'y cents in
the dollar. It will cost sl f oou,t>ofi of bonds to
raise the s6oo,Odd in ea*h. When due, these
bonds must b© redeemed by th© company at par.
it will, therefore, coat the company $1,000,Out) to
build th© read. But. suppose tbe Slat© indorses
the bond* ; they w'll then bring par; ami sfi(H),-
tuo* of the bonds will bring £606,000 in ahb.
i he compuny, in that ca*, would have butsUiOO,-
000 of bonds to redeem ; com*©*jOently, it would
coat them only s<loo,ooo to build tho road. Tbe
8!ato’? Indorsement would, therefore, h© worth
$400,000 to the company. The is:.u© would re
main perfectly recur**, and have her resources
greatly developed, and the lands of her citizens
WtArtWriCmw?*;.’ nSToily
gat© ivi'aitb of the pcoplo but the amount of
’ ‘ wituAuf “tlic'cadorsement of th© State tbe
road would not probably be built. Before *L.
■ mparty would urnfortake so burid it, tbe Stoek
iiobi ra- prudent men, would calculate th per
| cent; it w * ld probably pay in dividend* after
j it* eotnploUoD: and they bright be satisfied that
it would pay eight j.or cent upon tbe ooet, if it
could bo built for $900,000, and be willing iri that
case to incar the liability proceed with the
work. Should it, however, cost $1,000,006 to
build tho same road, it could then pay in divi
dends from tbe same amount of business, but lit
tle over half of eight per cent, and in that rasa,
ihnr would rofuse So inoor the liability or to pro
cc*l with tho work. Consequently, tbe road
would not lo built ; tho resource* of tho section
would not be developed ; the price of lands would
nut be ratted, and the amount ©f tux paid iuto
tb© Treasury would not be increased. Hence, I
conclude that it wdl be a wise policy on tbe part j
of tho State to grant tbe aid upon those terms,
that no prndoot eompany will receive it unnl the
stockholders arc satisfied that the road will pay
W ! > n completed, and that tbe aid will be very
valuable to a eompany engaged in building such
a road.
It ia sometime# said that in justice to the rail
r >d eompanio# already in existence, the State
*h‘>uld not aid or encourage the building of other
r.cid* which may come in competition with those
now io operation. Some of these companies are
now making very large profits, and while I de
sire to so them prosper, and would not wish to
soy their dividend* reduced below a point where
thy stock would be reasonably profitable, no mat- ,
f. r how much other interest* might be thereby
promoted, I am unwilling that such sections of
th State a* are without railroads should b do
nied their benefit# on the gruund that tho large
iuo.-mcs of some of the woalthy companies now
in exi.-tence, might bo reduced by giviug these
section* an opportunity to participate in the ad
vantages which would result to th m from the
construction of other roads. Indeed, I eutertain
no doubt tb it the interest of people requires
!ll *t the numtftr of roads bi iu Teased till no one
•ball a have monopoly of the business of soy
very Urge portion of the State, provided that
each shall bo loft with sufficieut huaiucas to make
atock reasonably remunerative. The greater
the competition betweeu tho roads the lower will
be the freight and faro, and the bettor for the in
terest of those b. travel and ship freight over
tncui. ben there is no competition, for Lbe par-
P t,M of accumulating larger incomes, the- freights
ro usually placed by the Company t a very
high figure, and the shipper must bear the Jos*.
Again. 1 deny that any Company ha# a right
to complain that Injustice h .s Icon done it by
the S’.utc, should she permit or encourage the
building of such road* as the interest of her
people iu different sections require, which do not
m liny manner violate the chartered rights of
•Muh company. Most of our railroad charter*
contain guaranties to the respective companies,
that uo lateral road shall he built within a certain
number of miles of the read of the company to
which the guaranty is given : say twenty miles,
us an instance. These corporations claim that
the charter i* a contract between the State and
j the company, and they ding with tenacity to
l eVwc J chartered right given them by tbiscon
tiact, uud exercise it, if profitable, no matter
, how onerous its exercise bv them may be to other
interest* in the State. They shoaU therefore be
content with the contract; and should not be
I heard to complain when the State exercises
t rights reserved by her when she granted u> them
their charter*. The State, in the case above sup
posed, a* an instance, when she granted the char-
I nr. gnarantied to the ctmpany au exclusive
I right over a drip of her territory forty miles
wide. With this guaranty they were content,
I Hooeptod the charter, invested their money, and
| baHt the road. The interest of a large number
i ol pers. ns outside of the limits embraced in the
: larnnty probably afterwards require* that they
have a road ; the State encourages itseonstrue-
I It-n : and it is built. What injustice is dune to
i the first company and how have they been de-
I calved * They have the full measure of their
rights, and the full benefits of what they insist
upon a* their contract. It ia true, they nay
not Lavs so larga a mouopoly as thev ’desire,
but they have nil they contracted for. while
another portion of the rotate it developed, and 1
the people have the hedetit* of low freights re- 1
suiting from tho competition. t
The Mate has taken stock in two railroad
companies l oppose this policy, and do not
think she should he a partner with her citi
zens in such ad enterprise. Mv opinion is that
,b "M bv, 00 inter.,, in any property
oicr which sho has not the entire control. Ry
j endorsing the bonds of the company, with am
ple sc entity, she cotnplicatos herself with none
of its private luftungtmcnt or affairs.
BANK AND BANKING.
By the second section of the Act of 22d De
cember, 1857, usually known as the bank Act, it
is enacted that ‘ when any bank or banks now in
corporated or which may hereafter be tneorpora-
Hi \u this btate, shall refuse or fail to pay spteie
for any of it* bills, notes or drafts, <*r ether wri
ting for which they may be bound, when demon
ded by any individual or individuals, shall be li
able to suit thereon iu any,of the Court* of law
oi equity in this htate, and such Individual or in
dividual.-, in addition to tbe principal of said notes
and tbe lawful intercut thereon, ahull receive ten
per cent, damage* for *ueh refusal or failure upon
the amount no refused or failgd to be redeemed
in specie : and it shall be the fluty of all juries,
in snob canes, to find a verdict in lever of the
plaint iff against such bank, or hauks, for tho prin
cipal, interest and damages,” Ae.
For the purpose of protecting the people ot the
State as far * possible against tb© evils of Bank
*-u*peniou in tuture, and of restraining the banks
from such reckless and extravagant speculation
and over issues a* usauly lead ta auspeusion. I
recommend that the above recited law bo*o chan
ged a* to make it the duty of tbe jury, in every
auob ease a* that mentioned in the statute,to find
for the plaini iff the principal and interest du# up
on each bank note, or other obligation winch the
bank ha* refused to redeem in specie on demand,
with twenty five per cent damages; the Interest
to be computed from tbe time of the refusal to re
deem the note in specie when presented ; sod that
tbe plantiff H© entitled to judgment at the first
form of tbe Court.
I also reuotmneud, that th© penal code of this
State be so changed as to declare that a future
ftOHpcnsion of specie payment, by any bank in this
State, -hall ba adjudged as conelusive evidence
of fraud on the perl of the President and direc
tors of such bank; aud that the same lie declared
to be a high mi.-do mean or; and punished by con
finement and hard labor iu tbe Penitentiary of
this State, for a term not less than five, nor more
than ten yoars ; and that vhe Urand Jurors of
each county io this Slate, in which a bank is lo
ci, ed. Khali, at the opening of each term of the
Court, in addition to the oath now preserib©*! by
law, further swear that they will dilligantly in
quire, and true presentment make of all oases of
bank suspension which have occurred in theconn
ty rftneo tb© last form of the Court; and in case
any Grand Jury shall present any bank ss hav
ing suspended npecie payment, that it shall be
the duty of the Solicitor General forthwith to
make out bills of indictmed against the Presi
dent and Directors of such bank. In my message
to the Inst Legislature; I expressed the opinion,
that in view of all tbe impurleetions and abuoe*
of our present banking -ysieiu, we should do all
in our power to briug about its complete reforms
tien ; and if this be not possiblo, that we should
sbandou it entirely. I onoeider that tbe people
of Georgia have endorsed this opinion ; and I
respectfully urge upon their representatives the
eoaciuientof such law* as will carry it into prac
tical effect. Tha liability of tha bonks sod bonk
officer*, should bo made so stringent aa to deter
them in future from trifling with the rights ofthe
people, for the purpose of ndvanoiug their own
interest and thsirown speculation*.
•DUCATION.
The loot Legislature, by iu liberal enactments
and enlightened views upon tha subject of Com
mon School Education, not only rendered the
gut* a most valuable service aud entitled itself
to the thanks of the whole people, but set an ex
ample of liberality in favor of education whiuh
cha!lodges tbe approbation and deserve* the imi
tation ot all its successors. It Is true, tbe Com
mon gahool System adopted, was not perfect, nor
wa* this to have been expected. So great a work
must ba progressive and a suoocssiou of wise en
actments, , uidvd by the light of experience, can
alone perfeot it. But tbe lost Legislature did take
s most important step in the right direction. It
laid broad and deep the foundation of a system
upon which, if its successors are equally wise, a
most beautiful and perfect it rn ©lure in all its mag
mficcot and symmetrical proportions, will soon
0e reared.
Iu addition to tbe sum heretofore appropriated
aud distributed annually for education, it made
an annual appropriation of SIOO,OOO, to be paid
oat of the net proceeds of the W. A A. Road ;
uud provided that tbe School fund should befur
ther increased, annually, a* fast ns tha public debt
is decreased;and that theiuterest heretofore paid
to the State's *■ red!tors, shall in future as fast as
the debt ia paid, be added to the School fund, and
distributed for educational purpose*.
Thu SIOO,OOO appropriation was made uuder
the- supposition that the net incomes of the State
II a l would nol exceed $'500,000, per snuuiu.—
As before slated, the Hoad has during its last
fiscal year, paid iuto tbo Treasury of tbe State
$402,000, clear of all necessary expenses and re
pair.h.
Estimating the future incomes from tbe Road
at a like -urn per annum. I*ee no just reason why
tb© annual appropriation for school purposes, may
noth© safoly increased to slot),lK>, exclusive of
the iatercst on tho old fund, aud the interests on
the bonds which are to b© issued for educational
purposes ns the gtate debt i* paid. I earnestly
recommend tiris increase of foO.OOA, per annum,
in tb© annual appropriation. If this be made, the
amount foe distribution, uextycar. from the £tat*
Trca-ury for Educational purposes, wUI he nearly
$260,000.
DRPOftlt WITH U.vftfc oft
opdool Act of last year authorized me to
ilopoeit tbe School Fund, aud other surplus funds
iu the Treasury, with any of tbe banks of Au
guste or Savannah, at interest, upon tho best terms
1 could make with th©banks. Under thisautbor
uy, 1 wu* able, ou th© 14th day of January last,
so deposit th© sum of sJofi,ooo with the Bank of
Savannah ; for which it gave it* obligation to pay
interest u Q the amount, at tho rate of seven per
• cat. per annum, till the third Monday iu the
I present momb, which is the* time fixed by the
i ‘tatute for tbo distribution of thefuud among the
j counties. Tbe iutorest to be received from tbe
I a U k will be nearly $6,065, which wiU be added
;to tbe amount to be dutrihuted. together with
(•ome SIO,OOO of surplus in the trcacurr. As an
inducement to tbe bank to toko the SIOO,OOO, on
there term*. I agreed to give it tho benefit of the
other deposits of the .State, for wbich it furnish
es the Treasurer, without premium, ell the Nor
thern Exchange needed in payment of the inter
est ou the dublio debt, Ac. Juatioe to the Bank
of Savannah requires mo to slate, that it has been
prompt aud liberal in the discharge of its obli
g.ttions to the Slate; and tha* I was fully con
vinced, alter a correspondence with several other
banks in the cities of Augusta and Savannah, iu
reference to this deposit, that the BankofSaven
nnh was disposed to act a more liberal part to
wards tbe Slate, for tbe increase of the School
Fund, then any other bank with which I corres
ponded Upon tbe subject. It was the first to obey
the law, and to make its returns as required by
tbe Act of 1667. I consider it not only a solvent
institution, but as prompt and reliable as any
bank in the State.
SCHOOL COMWISSIaVIMta.
The second Section of the School Act of 1858
imposes upon the Grand Jury and ordinary of
each county, the duty of devising a plan for the
advancement of education iu the county, and gives
them absolute control over the application ofthe
fund.
Ibis portion of tbe law would seem to require
Amendment. The appropriate duties ot th*
Grand Jury connected wub tbe Court, usually re
quire their entire time, while in ncssion, and they
cannot, in connection with their other duties,gira
to ibis subject tbe attention which its importance
demands. I therefore recommend such ebaugs in
the law os w 11 transfer this jurisdiction to an in
tetiigi-nt Board of School Commissioners, to be
chorea annually by tbe Justices of tbe Inferior
Court and Ordinary of each county.
Af FEMMESI>ENT Or EDCCATION AMD ORMSARIBA.
The School fund of each county ia now paid
•by the Treasurer of the State to the Ordinary of
the c nnty, who is nnder bond for its proper ap
ultutttion mid faithful di*buraemeut. The sum
li w annually distributed is large, and there is no
provision of law whieh requires each Ordinary to
report to the Governor or the Legislature, or to
any authority at the Capitol, how be has disposed
of the funds in his bunds. To prevent any mis
application of this fund, and for the purpose of
holding all persona who have control of the pub
lic money to n strict accountability, 1 recommend
tho appointment, ia such mode a* may be thought
beat, of a Superintendent of Education for the
state.who shall keep hi* office in the State Houae
nnd to whom every Ordinary in the State shall
make annually a full and complete report of the
disbursement of the School fuuds which he has
received from the Treasury, accompanied by the
necessary receipts and vouchers, to be recorded
in tho office of the Superintendent, in a book or
book*, to be kept by him for that purpose, with
power in the Superintendent to call any Ordina
ry in the state to aceonnt, at any time; and in
case any one shall be found in default, to issue
execution immediately against *uoh Ordinary
and bis sureties, for the sum for which he may •
be so in •tatanlt.with 20 per cent, upon the amount
till the same be paid. Common prudence would 1
?ccm to dictate this necessary sate guard, where ;
so large an amount of public money is distribu- 1
tod among so numerous a class of persons.
MOD* or AB< EKTAIXIMU THE Xf-MIRR OP CHIL- ‘
drex. j
The statute makes it the duty of the Receiver
id lax Returns, and the Grand Jnry, in each
county, to asoertain the number of children be
tween the ages of eight and eighteen. It la be
lieved that this has not been so successful in
practice as the old laws upon the subject of enu
meration of the poor children, which made it the
duty of the Justices ofthe Peace in their respec
tive Militia Districts, to ascertain the number
under the su|ervieion and oontrol of the Ordina
ry.
SCBSTITVTtoR or NEW STATE BONDS FOB OLDoNES
I have found it impossible te call in all the
bonds of the State in tha hands of her creditors,
as contemplated by the ninth section of the
School Act. and to issue to the creditors in lieu
of them, other bonds falling due in equal annuel
installments, till the whole debt is extinguished.
The bondholder* arc under no obligation to re
turn their bonds and reeeive others of like
amount tailing dne at different times: and many
of them refuse to do so.
9100,547 50 or dondb and Tnt*rest notTddd,
AND $50,500 or BONDS DPI, PAID.
There being a Urge unexpended bslanoe ia the
Irniury, after pro'l4kg fer.ull lsgal ippropfr
ations,including interest upon tbe publio debt,
and fifty thousand five hundred dollars of the
bonds which fell due during the year, with a
view to carry into effect, as far as possible,the ob
jeots ofthe act. I ordered the treasurer to givenotioe
iu the public gaxettes, that he would redeem, at
par, at the Treasury, or in Augusta or Savannah,
tbo bonds of the State not yet due. After several
month* *>f ad* ertisement, he wo* able to flud only
$00,200 of bond* noi due, which the holder* were
willing to part with at par. These he redeemed,
together with $1,207 bit of interest which had ae
crued upon thorn, which was not yet due.
$1M),000 w EDUCATIONAL BONDS ISBVED
As directed by the statute, 1 hare issued upon
the redemption of'these bonds, sliO,oOd of new
bonds, dated tbc first day of thi* month, due
twenty years after datc,boaring six per cent inter
est, payable aunualiy. These bonds are payble
to the Secretary of Stale, a© the trustee of the
Educational Fund of Georgia, and are deposited
iu hi* office; the interest upon which will, in fu
ture,tie distributed annually as part of the Sehool
Fund.
DPTT Ol‘ OBDirtARIBC.
The seventh Section of the School Aet, author
iso* the Governor, before drawing his warraut up
on the Treasury lor the amount of tbe school fund
to which oach county is entitled, to direct Bach
Ordinary to furnish him with the number of
children in his county between the ages of eight
and eighteen—the number taught the elementary
brauchesofan English education, the number
taught the higher branches of education, and tha
rates of tuition in tbe elementary branches, and
in tb© higher * brooches, and all other facts and
statistics which the Govornor may require said
Ordinaries to obtain and return, und which may
be deemed useful in aid of future legislation.
Eudcr this section, I ososod circulars to be
addressed to all the Ordinaries of this State call
ing on them to furnish such facts aud s atistics aa
in my opinion might be useful in aid of future
legislation. Some have, however, made very im
perfect returns; and some hare made none. It
may become my duty to withhold the fund from
the couuties whose Ordinaries are in default, till
they shall have made their returns. In such
case, I shall not fail to make known to the peo
ple of th© connty the reason why tbe fond is with
bold, and giv© them an opportunity, at the bal
lot box, to hold tho proper officer it sponsible.—
The Ordinary in each county be* power to with
hold th© fund from the teachers till they furnish
him with th© necesaa ry in formation. Tbla will,
no doubt be sufficient penalty to enforce perform
ance of duty on their part.
SCHOOL STATISTICS.
Thus far return* have only been received from
102 counties. These returns contain much valu
able ia formation. 1 have had them arrange*! in
astatifttical table, which is in this office, aud will
be at all times subject to the .inspection of Mem
bers of tbe Legudatur©. So soon as the
ries of tbe other counties shall have made their
return*, the table will be printed, if desired by
the General Assembly. The returns t'r**m those
102 counties, furnish tbe following among other
interesfing foots. Whole number of children
between ihe egos of * and 1b—107.026. Num
ber batwv-tu 4 aud IH taught iu 1860—67,166; to
tal of all persouo taught. 70,022; of these 46,000
are males and 24,622 are tamale*- Whole num
her of males laugh: us the elemental v branches,
20,236, number ol females, 22,681. \\ ho!© oum
bei of male* taught the higher branches, B.US2,
females 7,612. Average tuition, pier annum, in
th© elementary branches, sl6 50, in tbe higher
branches, $26 60. Whole number of school hous
es, 1775: number of schools, 1777. Number of
Methodist Male College*, 4. in which there hare
hw*n iMwgkt ifoS pupils ; M©<b*"Jit tCmnl© C -
l©g©*, 4, pupils 524; Baptist Male Colleges, 3,
pupil* 207, Bapiiftt Feiuale College* 4, pupils,
322; Presbyterian Male College I, pupils 07,
Presbyterian Female College* 3, pupils 325; Col
leges and High sjchoofe nut sectarian—tnafe 16,
pupils 773, iemai© 16. pupils 1222; number of
Aomlemie.s 57. Gut ofthe 102 counties 00 have
appointed boards to ©xnmtne teachers, and 1207
teachers have passed n examination. The Or
dinariv* of only 40 of the ouuuti©* of this State
have given bond* ©a required by the statute for
the proper di*bur*euteot of the school fund. The
iuiaiuing 8:*. have not yet .-oiaplkd with the
law. in this particular, uud will not he ©untied to
draw rh© fund until tnvy shall have given Loud,
&* directed by the ©taret**. For the benefit of
their eonstituents, I shall have (be uam©* of the
del au I tor* published soon.
< MOOL TAX UOM.S.OTM) BY COCNTUtS.
It further appears by these returns, that the
proper authorities of only 84 of the 102 conn tics
have levied and oUected each a county tax tu
Ini added tu (Iw Hi-koul fund oi the county. The
counties of Clarke end Effingham, have each as
sessed fifty jwr cent upon the Slate tax for School
purpose* Fhis ia the nig be# i per een|. levied by
any enuuty The county of Morriwetker only
assessed 6 rwr cent, upou her Stair, ‘fa* which is
per cent, levied by any one of the 84
counties. The aggregate amount raised by tha
84 counties fur school purpose*, is $G4,fMt7, An
eacu of quite a number of the counties, which
draws its just proportion of thi amount distribu
ted from the State Treasury, refuse* to raise any
additional sum by taxation, I rccomtnf ,, d ucli
change in ;h* law a# will authorise the Governor
to withhold from each county iu the State, after
this year, it* proportion of the State fund, till
its proper authorise* ‘-hall have levied and col
lected a tax of at least 2u per cent upon the Slate
tax, to be added to the amouut which it receives
from the State for educational purpose*. Many
of the counties would no doubt raise over 2i pet
oetit, • Kinder of elwios. It each county ehollld
asset)* and collect but 24 per <>6lll, this would
amowwt to about *100,066; which, added to the
S3M,IHTO di.-:ributed Iriiui the Treasury, should
the annual appropriation be inerciuwd as above
recommendod, would increase the amount of
public money to be expended next year for edu
cation, which sum weald be still fur
tber increased annually from the interest on the
bond* to be issued upon the payment of the pub
lic debt. This S3OMOO annually would be equiv
alent to six per cent upon a school fund offftOVO
-000, a fund of which any State might justly be
proud. Even this, howeve , would only be throe
fourths of the annual net incomes to the Treasu
ury from the State Road. Probably no State in
the Union is now in a condition to do so much fur
the advancement of eduraution, with so little of
the burden* of taxation to her people. The in
come from her public property, if wisely ex|end
*d, will enable her to build up a magoificeut
school fund, while her people pay a smaller tax
than the people ol any State in the Union.
The past year ha* been one of prosperity, du
ring which our kind Heavenly Father has be
stowed rich blessings upon the people of onr no-
L l * ‘ Vi,h bwaru full of gratitude lot us
humbly invoke his aid in all our deliberations for
the publie good.
JOSEPH E. BROWN
’ TRIAL OP Tu*
i Harper’s Ferry Insurgents.
> imnl fIW Bo.lun chmi for Bruit n TrUI
•iJtriia Krwß-roßilßoiiwi urikc
Tcstlmonj, di
, THIRD DAY.
! Cook arrived at Cbarlestewn yesterday morn
i iug. He says that if Brown bad takeu bis ad
vice in relation *o mounting the men. a forre one
j thousand strong could not have takeu them. li
says that Fred. Douglass acted the coward, a* he
promised tu he there in person. There is great
rejoicing at Charlestown at the arrest of Cook.
George H. Hoyt, Esq., of Boston, arrived at
; Charlestown yesterday, to act as counsel for
Brown.
vrocsbdimoi or rux cuter
. Th * C<M ‘* *t 11 O'clock. Brown was led
, over from the Jail, walking very feebly, and laid
down on tbecoL
Senator Mason entered the Court with Mr.
Hoyt, the rowaael from Boston.
The jury was then called, and Mr. Butts an
nonneed the arrival of Mr. Hoyt, who had came
to assist th# counsel for Brown.
Mr. Hoyt then took the customary oath.
The testimony was then resumed, Conductor
Phelp* being recalled.
Col. Washington was also recalled to the stand.
He said negotiations were opening with Brown
for the release of prisoner* before the goueral Hr
ing commenced on Monday. Does not know
whether all the prisoners signed the propositfon
for a suspension ol'firing.
In the opening negotiations Browu frequently
*ugg*-'U-'<l that the pris ners should cross the
bridge with him to the second osnal, and the
look was not to be fired upon uutil they reached
that point. None of the prisoners made any ob
jection to the proposition.
Brown said he was too old a soldier to yield the
advantage be possessed in bolding hostage#.—
During the day Brown’s son was wounded in the
breast—the ball passing around to the side, but
he took his weapon again and fired frequently
before his sufferings compelled him to retire.
Heard Capt. Brown frequently complain of bad
faith of people in Kansas on a flag of truce.—
Heard him make no threat, or t ren any vindic
tiveness, against the people. Mr. Brewer went
out and brought in a promise that the people
would not fire while negotiations were pend
ing.
Cannot say that all tha firing of Capt. Brown
or bis men was in self-defence; beard Brown
give frequent orders *ot to fire on unarmed citi
cens; the first firing was against the engine
bouse.
Brown said the people appeared to pay little
regard to tfie lives of the cititens. and w* mast
taka th* chances with them. After tha first at
tack *n the eugine-house by the murines, there
was a general cry of surrender.”
One cried surrender, but the others fought on.
Brown had a rifle in his hands when he waa
struck down by tho marines, and received a cut
over the head with a sword by Lieutenant Groan.
Mr. Hunter laid before the jury the printed
constitution and ordinance of the provisional
government, reading the two first clauses of the
E reamble, the 7th, 45th, and 48th articles, and
riefly summing up the other portions of the con
stitution.
Sheriff Campbell knows the bsmd-writing tt
At Fmobw ; M npirt * letnr sis kte.