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Volume l
Hu fHat,
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Sa'-sof Lands and Negroes, by administrators, Ex
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for tho sai? of personal property must be
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N >ti •* to i> *bt trs and Creditors of an Estate murt
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Citati ins for betters of Administration must bo pul>-
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Professional Cards.
E- A. k J. W. SPIVEY,
Attorneys at JLj aLw 9
THOMASTON, GEORGIA.
_j°g-27,1859. n4l ts.
wS gThorsley,
Attorney at Law,
thomaston, ga.
\\ *{‘s pvactice in Upson, Talbot, Taylor, Crawford,
• °nroe, Pike and Merriwether Counties.
Apnl 7.1859 ly.
THOMAS BEALL,
attorney AT LAW,
fe,iA-i y THOMASTON - GA *
r ANDER,
attorney AT EAAV,
nov2s—lj TUOMa STON, GA.
h ’ Wa ** m - C. T. Goode.
warren & goode,
ATTORNEYS AT LAW,
T*vlß~.f IUIV . HOUSTON CO., GA.
G. A. MILLER,
TTORNEY at law,
—_ THOMASTON, GA.
TV. C. IVEoore,
Resident Dentist,
afficf thomaston, ga.
(J ‘ a j my House (the late residence
to at ”. ’ I j s ’ Hicks.) where lam prepared
ti J vi l ) a H classes of Dental Opera
• Wor k is mvßeference.
noil 3— t s
A'vi\m Notice.
U feh A': , i 1 ‘ a(i heal, h for several years past, I have
do-rinvit!! ‘ tl ‘ e ‘iiclination to practice Medicine, or to
—and. if possible, eared less. But I
® v Ite-i'ti Tr> ’’lform my old friends and patrons that
tiew ~ !. !s !low mpHi better, and iftbey desire to re
b.v cabv , '" mer radons, that they can easily do so
pie-itrp ~ 00 nie “hen ray services are needed. I will
abilhv Sftlf t 0 serve them to the best of my skill and
bv <f7l m >- °ld stand, the Drug Store, now occupied
marS R. HARWELL.
C °NCERT HA L L,
0\ ER DR. THOMPSON'S STORE,
I*,: T’/ htted up for Lectures, Concerts, Social Par
So ‘• Ad.lrwi,
A- C. MQORE.
Governor’s Message.
CONTINUED FROM LAST WEEK.
or retained in office during my administra
tion, is known to be a defaulter to the
amount of a single dollar.
I confess that the amount paid into the
T. reasury from the road, during the past
year, has somewhat exceeded my expecta
tions. For this lam indebted not only to
the Superintendent, but also to the untir
ing efforts of the honest, industrious, and
faithful officers and agents associated with
him and under his control.
It has, I think, been clearly shown with
in the last two years that the Road owned
and controlled by the State is a produc
tive piece of property; and with proper
management in future, I feel safe in the
prediction that it will remain so, and that
the incomes from it will continue to in
crease with the increase of population, bu
siness and wealth in the country. ,
So long as the Road remains under my
control. I invite strict scrutiny into its
management; for 1 subscribe fully to the
doctrine that it is proper to hold public
functionaries to rigid accountability. And
I am willing that judgment he pronounced
upon my official conduct under the appli
cation of this rule.
In the construction of the Road under
State management, it is not doubted that
there were in many instances too lavish an
expenditure of the public money, and that
it cost a much larger sum than it should
have cost. lam not prepared, on that ac
count, however, to admit that any good
reason exists why a State may not man
age a-great public work of this character
with as much honesty, economy and suc
cess as a corporation. To accomplish this
object it is only necessary that the officer
having the appointing power, select s agents
! who are competent, honest and faithful ;
that in lay down strict rules for the gov
| eminent of their conduct; that lie give so
j muches his individual attention to the
I work as will enable him to know whether
or not those mlCs are violated; and, in ev
ery case where he discovers he has been
deceived in the selection of a proper agent,
or where an agent has palpably violated
the rules laid down ibr Ids government,
that he have the moral firmness and nerve,
without regard to personal considerations,
to apply the corrective, by a prompt re
moval. The observance of these rules is,
in my opinion, a duty of the appointing
power, from which he should never shrink,
it he performs this duty, he can seldom
fail of success.
Regarding it as a matter of interest, I
have endeavored, at th* 1 expense of consid
erable labor, to ascertain the original cost
of the State Road ; but I find it impossi
ble, for the reasons given in the able and
very valuable report of Col. P. Thweatt,
Comptroller General, who has also given
much attention to this subject to arrive at
a conclusion with entire accuracy. It is
believed that the Report of Mr. Garnett,
then Chief Engineer, made in 1847, of the
amount expended to that time, is about
correct. He estimates the whole cost to
the date of his Report, at $3,305,105 88.
Since that time there has been appropria
ted to the construction of the Road, its
equipment, &c., in Cash, and in the bonds
of the State, the sum of $1,136,366 27.
Add these sums together, and we have
$4,441,532 15, as the total amount appro
priated by the Legislature, and paid out of
the State Treasury for the construction
and equipment of the Road. This, in my
opinion, is a very near approximation to
correctness.
I am aware that some persons, in ac
counting for the gross incomes ot the Road
since its completion, have charged large
amounts of these incomes to construction.
These sums were, I think, generally more
properly chargeable to repairs, Arc., than
to original construction. As an instance,
the Etowah bridge was burned down some
years after the Road had been in opera
tion, and it became necessary to build a
new one. The cost of this could not pro
perly he chargeable to original construc
tion* hut was, I think, properly chargea
ble to repairs on account of causality.
A portion of the iron originally laid
down on the track became so much worn
as to he unsafe, and it was necessary to
procure and lay down new in its place.—
\ The cost of this also was properly charge
| able to repairs and not to original construc
| tion. If a Depot building was sufficient,
when the Road was completed, to aecom
-1 modate all who had business at the place,
but which afterwards, on account ol the
decay of the structure or increase of busi
ness at the location, was found to he in
sufficient, and it became necessary to build
anew one, its cost could not justly he
charged to original construction.
Without multiplying instances of this
kind, I conclude that as soon as the leg
islature had appropriated a sufficient sum
to complete the road, and to place upon it
the superstructure and machinery necessa
i ry to the transaction of the business ofter
j ed by the country to the road, the original
construction account was at an end, and
; that all such enlargement of buildings re_
‘THE UNION OF THE STATES s -DISTINCT, LIKE THE BILLOWS t ONE, LIKE THE SEA.”
THOMASTON, GEORGIA, SATURDAY MORNING, NOVEMBER 19, im
construction of bridges, renewals of super
structure, repairs of track, &c., &c., as
were afterwards required for the safety of
transportation and travel over the road, or
for the accommodation of increased busi
ness, is properly chargeable to expense of
keeping up the road, and not to expense of
building and putting it into operation.—
Had the road remained unproductive to
the Treasury for a quarter of a century,
on account of had crops, causalities from
fire or flood, commercial pressure, had man-
any other cause, it could
only have beeu evidence that the original
investment was an unfortunate one for the
time; but surely the repairs made and all
the State’s losses during that time, could
not, in justice to the officers afterwards in
charge of the road, he properly chargeable
to original cost in calculating the per cent
which the road might afterwards pay upon
the original investment. Estimating the
original cost, therefore, at $4,441,532 15,
the road during the past fiscal year ((‘rid
ing 20th October last,) has paid into the
Treasury of the State nearly nine and a
half per cent upon the original investment.
And it should not he forgotten in thiseon
nection, that it was built at a time when
railroading was not well understood, and
that it was built as a public work, at a
cost greatly more than would have been
expended in its construction, even at that
time, by a private company.
Had the same economy been used which
is usually practiced by private companies,
the whole cost cf the road would not prob
ably have exceeded, if it even had amoun
ted to $3,000,000.
Tho sum paid into the Treasury during
the past year is fourteen per cent upon
that sum. In comparing the present man
agement of the Road with Company man
agement, it is certainly just to the present
officers, who did not build it, to count the
per cent upon such sum only ns the Road
should reasonably have cost had it been
built by a Company, and not upon such
sum as it may have cost under the extrav
agant. system which is sometimes practiced
in the original construction of public works.
GEORGIA MILITARY INSTITUTE.
Tt. is to be regretted that the Georgia
Military Institute at Marietta has notneen
as prosperous as the last year as its friends
hail anticipated. This may be the result
chiefly of our defective legislation for its
government. As at present organized, it
is under the control and management ot a
Superintendent, a Board of Trustees and
a Board of Visitors, whose powers, respec
tively, are not well defined. In this con
flict of jurisdiction, that decision and dis
patch is wanting which is absolutely nec
essary in maintaining government in the
Institute. The consequence has been that
the number of Cadets is greatly diminish
ed, and the character of the Institute has
suffered in public estimation.
At the end of the last term, Col. A. V.
Brumby, the late able Superintendent, and
Capt. McConnell, late Commandant, re
signed their respective offices ; and Major
\V. F. Capers, who lias for a number of
years held a similar position in our sister
State of South Carolina, has been elected
Superintendent, and Capt. W. J. McGill,
of Charleston, has been elected Command
ant. These gentlemen have both accepted
and are now at their respective posts, giv
ing, as far as I can learn, general satisfac
tion. It is to be hoped that with the nec
essary legislation for the government of the
Institute, they may soon be able to restore
it in public confidence and raise it to a high
state of prosperity. Maj. Capers yielded
reluctantly to the call ot the authorities of
the Institute, and only upon the guaranty
given by the joint Board of Trustees and
Visitors that his salary should he made se
cure. The position yvhich he resigned in
Charleston yvas paying him as large a sal
ary as he is promised in this State, and it
was there secured by the State. I there
fore recommend that the sum <4 $2,500,
he appropriated to pay the salary of the
Superintendent, and that this be an annu
al appropriation for that purpose till the
incomes of the Institute become sufficient
to defray all its expenses and pay the sal
aries of all its Professors.
By a joint resolution ot the last General
Assembly the Governor, in connection with
the Board of Trustees, was authorised and
empowered, (should they deem it necessa
ry for the welfare of the Institution,) to
employ an additional Professor for the
same. By virtue ot this authority they en
gaged the services of the Rev. Joliu W.
Baker; hut on account of the reduction of
the number of Cadets occurring soon after
his appointment, and the consequent dim
inution of the incomes of the Institute, he
has not received his salary. As he was em
ployed by authority of the legislature,good
faith requires that a sum sufficient to pay
his salary for the time he has served, be
appropriated.
At their last joint meeting, the Board of
Trustees and the Board of Visitors, after
much deliberation, agreed upon a bill to
be laid before the legislature, proposing
such changes in the law for the future gov
ernment of the Institute as experience has
shown to be necessary. Among other things j
it is proposed to abolish both the old boards j
and to substitute in their place a single
Board, to he charged with the entire gov
ernment of the Institute. It is also pro
posed to connect the Institute with, and
make it part of, the Military organization
of the State, and to give the Comnmndvr
in -Chief, the same control over its officers
which lie has over other Military officers of j
the State. This it is believed, will secure
more strict military government, which is
considered indispensably necessary to the j
success and usefulness of the Institute. I
therefore, respectfully recommend the pas
sage of the hill proposed by the joint
Boards.
MILITARY SYSTEM —VOLUNTEER CORPS.
For the purpose of giving new life and
energy to our military system, which is
now almost entirely neglected, the impor- :
tanee of affording to a portion of the youth
of our State a thorough military educa
tion, cannot be too highly appreciated.—
The people of many of the States of this
Union are falling behind most of the civil
ized nations of the earth in military train
ing. Within the last twenty years the
more powerful nations of Europe have pro
bably advanced more in military science
and skill, and in all the arts of war, than
they had during anv previous century. It
is believed that no one will doubt the cor
rectness of this remark who has observed
attentively the late struggles between the
contending powers in the Crimea and in
Italy.
There is not a more brave and patriotic
people on earth than those of the United
States ; and there is probably no nation
whose militia is so reliable on of
battle, yet in this day of constant advance
ment in Military science, ihose who depend
alone upon patriotism and valor enter the
field, even in their own defence, under great
disadvantage. Should our country he in
vaded by any of the great powers of the
other hemisphere, our people w-ould be
fmnd at the commencement of the strug
gle to 1)e almost destitute of military train
ing. Until this deficiency could be sup
plied, they might be unable to contend
with the disciplined troops of a regular ar
my, without great loss of life and much
tleii nueijL room naiionai cimiaoiei.
There is probably no State in the Union
certainly, not one of the old thirteen, in
which military training is more neglected
than in our own. We know not how soon we
may be brought to the practical test of de
fending ourselves against the assaults of
foreign ambition, or the more unnatural
attacks of those who ought to be our bre
thren, but whose fanaticism is prompting
them to a course which is daily weakening
the ties that bind us together as one peo
ple. The father of his country has ad
monished us to prepare for war in time of
peace. If we would profit by his advice it
is necessary that we reorganize our milita
ry system. Ido not hesitate to say, that
the State should offer every reasonable in
ducement for the organization and train
ing of volunteer military corps, as the best
and most efficient mode of reviving the
military spirit among our people. This
cannot be done until she has made provis
ion for arming such companies. At pres
ent. the only provision for this purpose, is
the distribution of the small quota of arms
which the State receives annually from the
General Government, which is wholly in
adequate to the demand. The consequence
is, that many of our volunteer companies
are w ithout arms, while many others would
be organized were it known that they could
be supplied with suitable arms.
Frequent applications are made to this
Department for arms with a view to the
organization of new volunteer companies ;
and when those who apply are informed
that they cannot be supplied, all further
attempts to organize such companies are
abandoned.
For the purpose of encouraging the or
ganization of volunteer corps, 1 recom
mend that all law-s now in force requiring
the performance of military service Other
than that performed by volunteer corps,
be suspended, except in case of insurrec
tion or invasion ; and that a commutation
tax be assessed and collected, from each
person of twenty one years of age, or up
wards, who is subject to do military duty
in the State, and who is not a member ot
an organized volunteer corps which drilled
at least once a month throughout the year,
preceding the collection of the tax. This
tax should be large enough to raise a sum
sufficient to arm the entire Volunteer force
of the State, with the latest and most ap
proved style of arms. As soon as a suffi
cient sum shall be collected in this way, I
recommend, as a means of procuring the
contemplated arms, that it lie expended in
the erection at some suitable location in
the State, of a State Foundry for the man
ufacture of arms and other munitions of
war. This would make the State much
more independent in case of emergency.—
The God of Nature has supplied us, in rich
profusion, with all the materials necessary
to the accomplishment of this purpose.
If ample provision were made for arm
ing our volunteers, they would exhibit
much military pride ; and the young gen- i
tleinen educated at our State Military In- !
stitute, would, in all probability, be elect- I
ed to th* command of many of the compa
nies, who would bring into practical opera
tion in traiuiug our militia, the science
and skill which they have acquired at the
Institute. lu. ejvse- of war, we could then
bring into the field a large force of well
trained volunteers, commanded bv officers
of thorough military education, who would,
in almost every case, he natives of our
soil.
the new, *wi tV sack a force and such offi
cers at their head, would at once become
infused with the military spirit, and soon
with much of the military skill, of the
volunteers, and would constitute with them
an invincible army.
CODIFICATION OF THE LAWS.
Provision was made by the last General
Assembly for the codification of the laws
of this State, and Hon. H. V. Johnson,
Iverson L. Harris, and David Irwin, were
elected Commissioners to perform that im
portant service. The two former declined
to accept the appointment. Tho statute
provides that any vacancy which may oc
cur among the Commissioners, shall be
filled by the next General Assembly. To
prevent a failure of the commission, and
the defeat of the object had in view by the
Legislature, l proceeded at once, in accor
dance with the power vested in me by the
Constitution, to fill said vacancies, till the
next session of the General Assembly, by
the appointment of Hon. T. R. R. Cobb,
and Hon. Richard 11. Clark. These gen
tlemen accepted the appointment, and, in
connection with Judge Irwin, have been
prosecuting the work hitherto with great
energy.
It is not doubted that this work, when
completed, will contribute much to sys
tematize and simplify our laws, which will
enable the people much more readily to
comprehend their true meaning. The
time allowed the Commissioners by the
j statute within which to finish the entire
work, is only twenty months. I think it
hardly possible tor them to complete the
work within that period, with that care
and accuracy which are indispensible to
its contemplated usefulness. I would,
tlwruforo, recommend an extension of tHc
time to two years, and that the compensa
tion allowed each Commissioner be fixed at
three thousand dollars per annum while
engaged in the work.
As it will be proper that a very plain
and legible copy of the entire code, as fin
ally agreed upon by the Commissioners,
should be prepared in manuscript, to be
laid before each House of the General As
sembly, and it adopted by them, that a
copy be filled in the office of the Secretary
ot State, as an entire Act, it was consider
ed indispensible that the Commissioners
have a clerk to do this clerical labor. I,
therefore, appointed B. B. deGraffenried,
Esq., of this city, who is eminently quali
fied, as clerk to the Commissioners. I
recommend that such sum he appropria
ted to him, annually, while engaged in
that capacity, as will amply compensate
him for his services. I would also suggest
the propriety of appropriating to each of
the Commissioners such portion of his sal
ary as may he reasonable, to he paid at
such times, while engaged in the work, as
the General Assembly shall designate.
COBB’S STATUTES AND FORMS.
By a joint resolution of the last General
Assembly, it was made niv duty to appoint
three Commissioners to examine the man
uscript of the proposed new work of Hon.
Howell Cobb, of Houston, which is an en
largement and improvement of his Analy
sis and Forms ; and in the event of a fa
vorable report by the Commissioners, it
was also made my duty to subscribe for
such number of copies for the State as
should, in my judgment, be necessary.—
On receiving from the Commissioners a
very favorable report of the work, 1 sub
scribed, in behalf of the State, for 3,fMX)
copies, at five dollars per copy. For the
purpose of facilitating tho early comple
tion and distribution of the work among
the counties, I advanced to Col. Cobb, in
accordance with the spirit of the resolu
tion, $3,C00, from the contingent fund, in
part payment. The hooks have been re
ceived at the Library; and as many of
them as may be necessary will be distribu
ted among the counties, with the laws and
journals of the present session.
The work is ablv and faithfully execut
ed, and does much credit to its distinguish
ed author. It is expected that the remain
ing $12,000, due on the State’s subscrip
tion, will be appropriated at your present i
session.
WEIGHTS AND MEASURES.
An appropriation of SIO,OOO was made ;
at the last session, for the purpose of sup
plying all the counties not then supplied
with standard weights and measures.—
Soon after the close of the session, I caus
ed circulars to be addressed to the Clerks .
of the Superior Courts of the several coun- :
ties, informing them of the fact of such
appropriation, and requesting each to re
port to me whether his oounfcy was sup
plied with these standards ; and further ■
I notifying each, that his county would bo
! considered as supplied unless he furnished
! the information. In reply, I received in
formation of the deficiencies which existed
in 113 counties. From, the remaining 19
counties no reply was received, and 1 was
left to presume that each of the hitter was
fully supplied. 1 have since caused to bo
manufactured and supplied to each, county
whose clerk informed me of any deficiency,
| the standard weights and measures which
were consul*" - <> i>ef^;w Krv ’’ *■*'; tW -aupply
fcKHshd hy a*y county has not been ship
j ped to its nearest railroad depot, the fault
rests with its own officer who failed to fur
nish information of its necessities.
1 have also caused to he deposited in
the State Arsenal, at this place, 27 seta of
standards similar to those furnished tho
counties above mentioned, which arc sub
ject to the future direction of the Legvda
j turc.
These weights and measures arc of a
j very superior quality, and it is not doubt -
l od that they are entirely accurate. They
were manufactured by John W. Kissam,
of New York, under the supervision of
Col. John T. Smith, of that city, who was
formerly a Secretary in this Department.
census or ISJ9.
In accordance with the requirement* of
the Constitution, tho last Legislature made
provision for taking the State Census this
year, which has. been done ; and it will be
come your duty to make the septennial ap
portionment of members among the res
pective counties, in proportion to their res
pective population,
LIBRARY.
For several years past, an annual ap
propriation has been made, of SI,OOO, to
increase tho State Library. It should bo
the pride of Georgia to supply herself with
a library as extensive and valuable as that
possessed by -any other State intheUnion ;
and I trust her Representatives will con
tinue to'provide for its annual increase.
The Library is at present kept iu one of
the rooms of the Capitol, which is entirely
too small for the purpose. Many valuable
books and documents, for want of room in
the Library, are now kept in the basement
rooms of the State House, where, on ac
count of the dampness of the rooms, they
are much injured. I therefore recommend
that an appropriation of SIO,<X)O, or such
other sum as may be necessary, be made,
to build a fire proof brick building on tho
public ground east of the State House, to
be used for the purpose of a Library.
MINERALOGICAL AND GEOLOGICAL SURVEY.
In the event of a future mincralogical
and geological survey of the State, one of
the rooms in the proposed new building
might be used as a Cabinet for the deposit
of valuable specimens of ores, fossils, &c,
I do not doubt that such a survey would
bring to light immense wealth, which is
now buried in the bosom of our State. I
therefore renew the recommendation made
1 in my message to the last Legislature, that
provision be made by the State for such a
j survey.
|BOUNDARY Puke BETWEEN GEORGIA AND
FLORIDA.
I am informed that the last Legislature
jof Florida agreed to the propositions con
tained in the joint resolutions passed by
; tin* Legislature of this State at its session
! of 18.07, for the settlement of tho bounda
ry lire between these States, upon theba
i sis agreed upon by the late Executives of
| the two States. The Governor of Florida,
i being desirous that the line between the
j <T)
: terminal points which have been agreed
I upon be re-surveyed, as contemplated by
the joint resolution of the Legislatures of
| the two States, has appointed B. F. VVhit
ner, Esq., as Surveyor on the part of Flor
ida ; and I have appointed Prof. Orr, of
i Emory College, as Surveyor on the part of
Georgia, who will proceed soon to run the
line, and thus terminate, I trust, all furth
er misunderstanding between the two
States, in reference to this vexed question.
1 recommended the passage of an Act
authorizing the Governor, so soon as the
survey is completed, to draw his variant
’ upon the Treasury for such sum as will
i compensate Prof Orr, for his services.
ATLANTIC AND GULF RAILROAD.
In May last, I visited the Atlantic dr
| Gulf Railroad, and I take great pleasure
,in saying that I consider it an excellent
road, so far as it is completed, reflecting
great credit upon the able, energetic and
efficient officers who have had the work io
! charge, and upon the trustworthy and in-
I telligent board ot directors who have had
j the supervision and direction of its affairs.
V\ hile the work seems to have been faith
fully done, my opinion is that those hav
ing the control have permitted no waste,
ful or extravagant expenditure of the
State's money. In common with the citi,
zens of Georgia, I deeply regret the death
of Dr. James P. Screven, the late able and
untiring President of this Road. It la
said, that in his extraordinary efforts to
push forward to its completion this great
thoroughfare, whioh is to give new life and
energy to a large and very interesting see*-
CONCLUDED ON SECOND PAGE.
Number f,