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GOVERNOR’S MESSAGE.
Executive DErARTMfeNf,!
Milledgeville, Bth Nov., 18-33; J
Fellow - Citizens
of the Senate and House of Representatives :
In discharge of my constitutional duty, I pro
ceed to lay before you such matters gs should re
ceive your attention during the present session
of the General Assembly.
On the twentieth day of October 1851, the
public debt amounted to $1,687,472,22. By the
act of December 4th, 1851, ratifying the contract
of my predecessor and the Chief Engineer of the
Western & Atlantic Railroad, for the purchase
of iron for the State Rc..d, it was increased
$200,000. By act of January 12th, 1852, pro
viding for the repairs and equipment of said
Road, it was still further increased the sum
of $525,000 —and by th“ act authorising a sub
scription to the Milledgeville and Gordon Rail
road, there was added the sum of $20,000, ma
king the total amount of the State debt $2,432,-
472.22. To this amount should be added the
bonded debt of the Central Bank, which is now
$369,500 ; having been diminished by the pay
ment of $5,500, since the Ist November, 1851.
The total liability of the State is thus seen to
be $2,801,972.22, from which must be deducted
the sum of $166,500, which has been paid du
ring the past two years, under the provisions of
the act of February 11th, 1850, providing for an
annual Sinking Fuud for the payment of the
public debt. The present debt of the State
therefore is $2,635,472.22.
The bonds authorized by the act of December,
4,1851, were made payable at the State Treasury,
and the interest payable semi-aunually at the
bank of the State of Georgia in Savannah.
These bonds were negotiated for a premium av
eraging about two per cent. I was satisfied that
our bonds should command a higher premium,
and finding upon an investigation of the subject, !
that a more advantageous negotiation could be
effected, by making them payable in New
York, —I caused the bonds issued under act of
January 12th. 1852, to be made payable at the
Bank of the Republic in the city of New York.
They were negotiated at a premium of 5 per
cent. It is the first instance in which our State
securities had been disposed ot at any premium,
and it should be gratifying to our State pride to
know, that the bonds of our State no w stand
among the first securities of their class. The
bonds of no State in the Union command more
of the confidence of capitalists who seek a safe
investment of their lunds. This confidence is
hot misplaced, for no State in the Union has
more ample means to meet its liabilities, and no
people are more tenacious of the credit and hon
or of their State, than our own.
As the interest of a portion of our bonds lias to
be paid in New York, it becomes necessary for
the Treasurer to keep on deposit there, a suffi
cient sum of money to meet the interest as it
tails due. This has been done under my dilec
tion. If any doubts exist as to the power or
propriety of this course—it would be advisable
that all such doubts should be quieted by pass
ing a law' authorizing such deposits to be made.
The necessity of it is so obvious, that I deem it
unnecessary to present any argument in support
of the recommendation.
I refer you to the accompanying report of the
Treasurer, in which will be found a tabular
statement of the public debt, showing at what
time each portion of it will fall due. From this
statement you will find that a very large por
tion ot our debt wiil be come due about the same
time. This matter should receive the attention
of yourselves as well as your successors, in order
that by a course of wise and judicious legisla
tion, the payment of our bonds may be anticipa
ted, otherwise we should be called upon to make
very large payments, within a very short peri
od, which would lead either to burdensome tax
ation, or an extension of the time lor the event
ual liquidation of our liabilities. Both results
can and ought to be avoided. In the present
prosperous condition of our State affairs, there
will be no difficulty in creating a Sinking Fund,
which will entirely discharge the public debt,
belore it shall have fallen due. There should be
additional legislation of this subject, giving to
the Executive full power and discretion to ap
propriate the surplus means of the Treasury to
the purchase of our bonds under such limitations
as your judgement may deem advisable. The
present iaw leaves the question in some doubt,
whether or not the legislature intended any pre
mium should be paid by the State in the pur
chase of bonds not yet due. Such however is
the present high character of our State securities
with all classes ot capitalists, that it is impassi
ble to obtain them at par. As long as individ
uals are willing to a premium for these
bonds, so long wiil the State also be compel ed
to pay a premium for such as she may wish to
redeem in advance. I have thought it advisable
to make the purchase at a 'small premium, to the
amount required by law to be annually redeem
ed. There is no other safe investment of a
Sinking Fund, and as a matter of economy it is
better to pay the premium, than to allow the
money to remain undisposed of in the Treasury,
tempting the Legislature either to unnecessary
and wasteful expenditures or to an unwise re
duction of taxes. I call your attention particu
larly to this subject, that such laws may ue
passed as will carry out the public will iu refer
ence to it.
THE CENTRAL BANK.
By the act of December 19, 1851, I was au
thorised to transfer the assets of the Centra! Bank
to the Treasury, when in my discretion the in
terests of the State should require it. Believing
that there was no longer any necessity for con
tinuing that institution in existence, for any
other purpose than to wind up and close its busi
ness, I appointed the commission authorized by
the foregoing act, to investigate the condition of
the Bank, and transfer its remaining assets to
the Treasury. I herewith transmit their report
from which it wiil be seen what was the condi
tion of the Bank at that time The accompany
ing report of the Treasurer will exhibit its pre
sent condition, as well as its operations since it
has been transferred into his hands. There are
yet outstanding many debts, some of which will
be collected, but from the larger portion nothin'”
will ever be realized by the State, and it bet
comes a matter for your consideration, what dis
position shall be made of its remaining and una
vailable assets, and also what provision shall be
made for meeting and discharging its liabilities.
Upon a carefufexamination of the affairs of the
Bank, I am satisfied, that alter exhausting all
its resources, there will be left the amount of
$369,500, which must be paid from the Treasuiy.
It is lor this reason that I have placed the bonds
of the Bank in the computation of the public
debt, which I have already submitted to you. I
would recommend that the Executive be au
thorised to take up these bonds, and issue re
gular State bonds in their stead, provided satis
factory arrangements can be made with the pre
sent holders of them. In addition to this amount
it will be necessary for you to provide by law
lor the payment of about the sum of $20,000.
This amount has been borrowed by the Trea
surer, under my direction, to meet the accruing
interest on the Central Bank bonds, the funds of
the Bank falling short by that amount. This
step was necessary to save the credit of the State,
as these bonds are regarded in public estimation
as a part of the public debt, and if we had failed
to have paid this interest promptly, the effect
would have been to have depreciated the general
credit of the State.
It is useless to encumber the Treasury longer !
with the remaining assets of the Central Bank, !
which will continue worthless and unavailable |
as long as they remain the property of the State. \
I know of no better disposition that could be
made of them than by selling them for whatever
they would bring. To keep them and attempt
their collection, would involve the State in con- j
tinued expense and litigation, without any re
munerating benefit.
THE treasury.
The accompanying report of the Treasurer will !
give you a clear and satisfactory account of the j
operations of that Department during the past
two years. You will observe that this report is 1
complicated with a useless statement of unavail- j
able assets in the Treasury. These stereotyped
items have been repeated from time to time, !
•without the slightest benefit to the State, throw- |
ing no light upon the condition of the Treasury,
and leading to no possible beneficial result. As
long however as no action is bad by your body !
on the subject, it will be necessary for theTrea- j
surer to encumber his report with them. I re- j
commend therefore that you take such steps as j
will relieve the department from the necessity
of further reference to these worthless assets by j
directing them to be destroyed under the direc- j
tion of the Executive or a committee of your
body. The report of the Treasurer shows the
available balance in the Treasury or. the 20th !
October 1853. to be $74,857,35. Concurring as j
I do, in the estimates contained in his report of j
the probable expenditures of the next two years,
I deem it unnecessary to add anything on that
subject.
There has been collected from the General
Governm >nt during the past two years, the sum
of $144,890,53. These claims have been long
standing, and the State is now indebted for the
collection of so large a portion of them, to the
energy and ability with which they have been
urged by the agent appsinted by my predecessor,
and continued by myself, Joseph Sturgis, Esq.
There is yet unsettled claims due to us from the
General Government, but I am unable to say, at
what time you may expect their payment. It
would be unwise to calculate upon the reception
of any portion of it, in your legislation upon the
Finances ot the State. For additional informa
tion you are referred to the accompanying re
port of Mr. Sturgis.
I herewith transmit to the General Assembly,
the report of the Financial Committee for the
year 1852, and call your attention to its state
ments and recommendations as worthy of con
sideration. The Report of the Comptroller Gen
eral is also herewith transmitted.
the tax law.
It was provided by the tax act of January
9th, 1852, and the supplementary act of January
21, 1852, that the sum of three hundred and
seventy-five thousand dollars should be raised
under those acts for the support of the govern
ment for each of the political years of 1852 and
1853. In the first act the rate of taxation was
limited to one-twelfth of one per cent. The
supplementary act was passed under a well
founded apprehension that the required amount
would not be realized at that rate. This last
act required the Governor, with the assistance
of the Comptroller General to consolidate the
returns of the various tax receivers, and autho
rized them to fix the rate of taxation at such per
cent as would raise the sum of three hundred and
seventy-five thousand dollars. Upon the exam
ination of the tax digest as required, by this law
it was ascertained that it would require a tax of
one-tenth of one per cent, to raise the amount
which the Legislature had fixed upon; and ac
cordingly the necessary orders were issued to
that effect. This was true of the returns for
each of those years, and there was consequently
no change in the rate of taxation for the present
year. The passage of those acts introduced a
new system of taxation in our State. The ad
valorem principle was for the first time incor
porated into our laws, though its justice and pro
priety had long been seen and felt by our peo
ple. For many years the friends of a fair and
equitable system of taxation had sought to modify
the old law, which was admitted to be unjust in
its operation and indefensible in principle.—
Every candid and fair minded man recognized
the correctness of the principle that every citi
zen should be required to pay for the support of
his government, according to the extent and
value of his property. Upon that principle an
ad valorem tax should be based, and when faith
fully carried out, must command the approval
and support ot every man who is willing to bear
his due portion of the burthen of Government.—
That the present tax law fully comes up to this
standard, lam not prepared to say. The object
of its framers was, however, to approximate it,
and if they have failed to reach it, the duty is
imposed upon their successors of applying the
lights of experience and practical operations to
its modification and improvement. It is not
strange that an untried experiment, should be
found to be defective in some of its details; it is
rather a matter of surprise that more obvious
and glaring mistakes should not have occurred
in the first effort, to adopt a new, radically dif
fering from the old system. lam aware of the
fact that there exists in the public mind, in some
portion of the State, very strong prejudices
against this law, but I am well satisfied that
these prejudices are not so deeply rooted, as to
defy the approach of reason and sound sense.—
In most instances it will be found that this op
position is limited to some provisions of the law,
which may with propriety be modified and im
proved, and for that reason your attention should
be directed to such modifications as will make it
conform more exactly to the ad valorem princi
ple. Let the details of the law then be scruti
nized, its defects brought to light, and the proper
remedy be applied by wise and judicious amend
ments. With many persons the merits of the
present law has been subjected to the test of
comparing the amount of taxes paid by them
under the two different systems. They find
that their tax has been increased and without
furth -r inquiry they attribute that increase en
tirely to the change of the law. A simple state
ment will exhibit the incorrectness of this con
clusion. The amount of taxes collected for the
political year 1851, under the old system, was
$291,077 38-100, whilst the amount collected
for the year 1852, was $377,165 60-100. It
must be borne in mind that the Legislature saw
the necessity of raising an increased sum, and
therefore provided in the act of 1852, that there
should be raised the sum of $375,000. If, there
fore. there had been no change in the system—it
would hava been necessary to have increased the
taxes about twenty-five per cent. To compare
then the operation of the two systems fairly, in
individual cases, such persons should first add
twenty-five per cent to their tax as paid in ISSI,
and compare the amount thus ascertained with
the amount which they actually paid under the
present law. When this is done, it will be
found that their increased tax, is owing, not to a
change of the law, but to the increased nesessi
ties of the State.
Another objection has been urged to the pres
ent law, which is founded in good reason and is
worthy of your consideration. It results from
the difficulty of ascertaing the true value of the
tax payers property. Such is the peculiar orga
nization of men’s mind, that with the most hon
est intentions, they differ widely in their esti
mate of the value of property; whilst others un
willing to contribute their due portion to the
support of government, place so low an estimate
upon the value of their property, as to cause just
ground es complaint with their more conscien
tious and generous neighbors. As every man is
at liberty under the present law, to value hi?
own property, he can put what estimate he
pleases upon it. The law appeals to his con
science alone on this subject, and there is no
mode provided for reaching those who are indif
ferent to the obligations of truth and honor. It
is gratifying to know that the number of this
class is small. An examination of our tax di
gests will snow the fact, that with the great
body of our people, there has been exhibited a
disposition to make a fair and just return of their
property. The cases of the few, however,
should be reached, and I would recommend that
some provision be made by law for assessing the
property of those who seek to avoid the*pay
ment of their just dues to the State, by falsely
estimating their property below its true value
Tins and similar defects in the details of the
law’, should be remedied by prompt legislation
Time and experience will thereby, ultimately
perfect the system, and render it acceptable to
all classes and interests. The ad valorem prin
ciple being recognized by all, as being ri»ht and
just, it only requires prudence, firmness and wis
dom in enforcing its application, to secure for a
law based upon it, the cordial approval of the
people.
For the purpose of instituting a comparison of
the taxes paid by our own people, with that paid
I by the people of the other States, I addressed a
circular letter to the Executives of the several
States, asking for a statement of their tax laws.
To this communication, I received many replies,
j but not enough to carry out the original object I
j had in view. The information, however obtain
ed, was sufficient to satisfy my own mind that
we pay as little as the people of any other State,
whilst as compared with some of the States, our
tax is almost nominal. As low as our present
taxes are, we may look forward to the time
j when they may be greatly reduced. As soon as
j the Public Debt shall have been extinguished,
j we can with propriety reduce our taxes one half,
and that, too, without looking to any other source
i of revenue for the ordinary expenses of the gov
| ernment. 'this is certainly a gratifying state
of things, and will go far to conciliate the feeling
of opposition that has been engendered in the
public mind against the present system. Firm
ness in the maintainance of the ad viUorem prin
ciple —wisdom in the adoption of amendments
suggested by experience, and economy in the ad
mmfsrt’ation of the government, will soon dispel
aH prejudice and opposition with a wise and pa
triotic people.
WESTERN AND ATLANTIC RAILROAD.
By the act of January 15th, 1852, I was re
quired to appoint a Superintendent of the West
ern & Atlantic Railroad, who should have the
general management and control of that work.
1 appointed Wm. M. Wadley, Esq., who enter
ed upon the duties of his office on the first day
of February, 1852. The means of the road had
fallen tar short of its necessities, and the result
was that the road was ii, a wretched condition.
My predecessor, and the former Chief Engineer
of the road, realizing this fact had verv properly
purchased a large , quantity of iron for'its repair. 1
The contract made by them was approved by !
the last Legislature by the act of Dec. 4th, 1851. [
When Mr! Wadley entered upon his office, he j
encountered all the difficulties, which this state j
of things had brought about. The last Legisla
ture, intending to provide amply for the thorough
repair and equipment of the road, by the act of ]
January 15th, 1852, appropriated the sum of
$525,000, for that purpose. This sum would
have been sufficient, if it could have been ap
plied to the objects contemplated by the Legisla
ture, but unfortunately it required much the lar
ger portion of it to pay off the former debts of
the road which had been accumulating from its
first organization. We were therefore compel
led to look to its revenues to do that, which it
was the intention of the Legislature should have
been done with this appropriation; and this fact
will account for the disappointment of those,
who had calculated upon an accruing revenue to
the State Treasury from the proceeds of the
road. I refer you to the accompanying Reports
of Mr. Wadley and his successor Mr. Yonge for
a more full and satisfactory statement of the
lactsto which I have thus briefly alluded. It is
hardly necessary for me to speak of the manner
in w'hich these difficulties were met and over
come by the Superintendent. The energy and
ability displayed by him are so familiar to the
public, that it would be a work of supereroga
tion to remark upon it. He did all that could
be done, and I venture to add, more than any
other man would have effected under the same
circumstances. I need not add, that his entire
management of the affairs of the road, met my
cordial approval.
On ti.e first day of February, 1853, Mr. Wad
ley resigned his office of Superintendent—and I
appointed George Yonge, Esq., to fill his vacan
cy. It is due to Mr. Wadley to state, that he
did not leave his post until he had satisfied me,
that the interests of the road would not suffer
from his withdrawal. In his successor I have
found an able, experienced and faithful officer,
whose successful management of the road as ex
hibited by his report, is the best encomium that
can be passed upon his
It affords me much pleasure to call your atten
tion to the present condition of this great State
work. The Rejiorts of the Superintendents
will snow’ you in detail its operations during the
tw'o past years. The failure to report any pro
fits paid over to the State Treasury has already
been accounted for. The fact, however, that
profits have been realized, and appropiated to
the wants of the road, should satisfy your
minds—that with wise and judicious man
agement, it must for the future be a source
of revenue to the State. No additional call is
made upon the Treasury for aid. Its own re
venue will soon complete the necessary rejrairs,
and equipments, and discharge its remaining lia
bilities.
I call your attention to the recommendations,
contained in the Superintendent’s report. Foun
ded as they are upon his experience in the rrian
agementofthe road—they should receive your
careful,consideration. The act of the last Legis
lature which authorized the road to be sued in
any county thiough which it passes—ought to
be modified. I can see no good reason, why
this discrimination should be rnacle against the
State road All similar companies have to be
sued in the county in w’hich their principal of
fice is located. This is right and proper. It is
the place where their books are kept and their
business transacted, arid therefore the proper
point for the litigation of claims against them.
It is problematical whether the State should sub
mit to being sued at all—but certainly she ought
not to embarrass her officers with burthens not
imposed upon other companies. The road passes
through counties belonging to three judicial dis
tricts, and it might happen that the Superinten
dent w’ould be sued and required to attend Court
in different counties at the same time. This
consideration alone shows the propriety of a
change in the this connection I call
your attention to tne fact, that suits have been
commenced against the road in the State of
Tennessee. I have diiected pleas to the juris
diction of the Couit to be filed in all such cases,
and the question if decided against us, to be car
ried to the highest Court of the country. We
have a right to complain of this proceeding on
the part of our neighbors, as it was principally
to gratify them, that the doors of our own Courts
were throwm open to claimants against the
State road. If the Courts should maintain their
jurisdiction in the State of Tennesssee. and the
road subjected to the trouble and annoyance of
this litigation, it will devolve upon the Legisla-
I ture to determine, what course they will adopt
; in reference to the Western terminus of the
i Road, that will most effectually put a stop to such
| proceedings.
The important question for your consideTation
in connection with this great work is, what shall
be the future policy of the State in reference to
it? Realizing the deep interest felt by our
people in the decision of this questien, I submit
to you my view’s fuliy on the subject.
By some a sale of the road is proposed. I trust
however that the advocates of this policy are
nat numerous, and I feel certain that their num
ber will be lessened, in proportion as you satisfy
the public mind that the road can be succesifully
carried on, under State management. To sell
| the road W’ould be to disappoint that general ex
; jiectation which has so long loooked to the com
| pletion of this enterprize fora source of reliable
revenue to the State. The funds laised by the
sale could not be appropriated to the extinguish
ment of the public debt, as that is not due—,
There is no profitable investment of it that could
be made, and the result would be—that by the
time, the public debt had to be met, this fund
w’ould have been exhausted in wasteful and un
necessary expenditures Increased taxation
w’ould then be the only means of meeting the
liabilities of the State. I leel confident that no
argument is required against a policy which will
inevitably lead to such a result. The proposition
to sell two thirds of the road is equally, if not
more objectionable. The same consequence
w'ould follow to a great extent. Besides it is
the unvarying lesson taught by our experience,
that the State is the sufferer in every copartner
sh p which she forms of this character. The
road should either be under the entire control ol
individual interest, or under the exclusive man- j
agement of the State. A departure from this !
rule, would certainly lead no good result, and I ;
trust that the experiment will not be made.
Rejecting then the proposition to dispose of the
road, I recur to the inquiry, what is the best po
licy lor its future government? In the man
agement of a railroad, two ideas should be kept
prominently in view, unforrnity and permanancy
in its system, and a responsible head to manage j
and control its affairs. Frequent changes, and :
divided responsibility are incompatible with
the succussful operation of any railroad. Look- ;
ing to these considerations I feel conscious of the j
difficulties which must attend any plan which
has yet been suggested for the government ot the j
State road, but the preference should be given to
that system which is freest from these objections.
The two plans which have been most generally
considered, are, fiist, the present one which
leaves the road under the control ol the Execu
tive and a Superintendent appointed by him.
The other proposes to constitute a board of
Commissioners and invest them with the power,
now lodged in the hands of the Governer.—
My own mind at one time favored the latter
proposition. Experience and observation, how
ever, have ffiHv satisfied me, that it will not do.
i he idea of a hoard of commissioners was deriv
ed from the Board of Directors, appointed by
pnvate corporations, for similar duties ; and the
argument drawn by analogy from this source
would be good, it these Directors discharged the
duties, which the public suppose them to per
form ; such, however, is not the fact. The best
Board of Directors for a railroad Company are
those, who have sagacity and judgment enough,
to submit the entire management of their roads
to the President and Superintendent. In adopt
ing a general system, for the management of a
road, their counsels may sometimes be heeded
with some advantage; but when the detailed
operations of the road are to be considered and
disposed of—the least said or done by them, the
better it is for the interest of their company. If
a Board of Directors should attempt to revise the
dealings of a President and Superintendent with
their subordinates, reinstating such as had in their
judgment been improperly removed, or forcing
the appointment of others who they might sup
pose peculiarly qualified for some position, it
w’ould result in the total disorganization of the
road, and the effort would soon be lelt by the
Stockholders in reduced profits, neglected ma
chinery, and dilapidated road. Upon this point I
can safely appeal to the experience and observa- ,
tion of every man, who has been connected with i
a successful and weli managed railroad. If this <
be true of private companies, the difficulties will <
be greatly enhanced, when the same principle is s
ipplied to a public work, when superadded to 1
>tber causes of trouble and embarrassment, there
s throw’n in, the political and party considera
ions which would inevitably be connected with i
sueb a system. The subordinate officers on a rail
road, who ieel that they owe their places to any
other cause, than -a faithful discharge of duty,
would soon derange and ruin the best managed
road in the country. Under the proposed system
>of a Board ot Commissioners these difficulties
could scarcely be avoided, and I therefore deem
it unnecessary to eniar.e upon this branch of
the subject. According to th;3 plan there would
also be wanting, that uniformity in the manage
ment of the road, which is essential to its success.
With the change of Commissioners, the system
would be changed and all the consequences at
tendant upon such changes, would be constantly
experienced. The present system is in my iudg
ment decidedly preferable ; one great object at
least is effected, a responsible head is placed in
charge ot the road—to whom the country can
look for its proper and faithful management. The
Executive elected by the people is responsible
to them. The Superintendent should be ap
pointed by, and be responsible to the Executive,
the suboidinate officers should be appointed by,
and responsible to the Superintendent, and thus
the management of the road is placed upon a
system of responsibility, which ensures its suc
cessful operation. In the appointment of the
Superintendent, the Executive feels the respon
sibility which rests upon him. and will exercise
a sound judgment in the selection. The Superin
tendent knowing that he is responsible for the
good conduct of his subordinates, will exercise
like prudence and discretion, in their selection
and the suboidinates feeling their dependence
upon, and lesponsility to the Superintendent, will
realize the fact, that the tenure by which they
hold their offices, is the faithful and efficient dis
charge of duty. In this view of the subject, yon
will perceive that there must be a cordial and
mutual confidence between the Executive and
the Superintendent, and for that reason the Su
perintendent should be appointed by the Execu
tive. I therefore recommend that the act of the
last Legislature taking the appointment of this
officer from the Governor and giving it to the
Legislature, be repealed, and that the appoint
ment be again placed at the disposal of the Ex
ecutive. It the road is to be continued under State
management, this in my opinion is the most
practicable system that can be adopted.
Two leading objections are urged against this
plan. The first is lounded upon the fear that the
subordinate posts on the road wiii be regarded
and filled as political offices. Under my admin
istration ‘‘this practice has ceased to exist.”—
Whatever may be thought or said about making
governmental offices, political positions, in other
» departments, it is a well settled fact, that it will
not answer the management of railroads, or sim
ilar State enterprises. Such a policy is con
demned both by reason and experience, and can
never be resorted to without endangering the
public interest. This truth is so clearly illus
trated in the history of every State work, where
the policy has been adopted, that I do not be
lieve the experiment will again be made, in our
own State. The other objection is of a more se
rious character. It grows out of the changes in
the management of the road, incident to the fre
quent change in the Executive office. I admit
the force of this objection, and the only reply
that can be offered, is founded on the fact, that
the objection is applicable to every plan which
has been or can*be suggested for the government
of the road under State management.
In # view of these difficulties, I submit to yo*rr
consideration, another plan, for the disposal of the
road, one, which win secure the three great ob
jects to be attained: first, the retention of the
State’s interest in the road; second, a uniform
and permanent system lor its management; and
third, a certain and reliable revenue from it. It
>'is to lease the road under an actol incorporation.
I Let a charter be granted with a capital of five
hundred thousand dollars in shares of a hundred
dollars each. The charter should provide that
the company should make semi-annual pay
ments to the State, and that the first failure
should ipso facto work its forfeiture. The amount
required to be paid by the company for its lease,
should be at least five per cent on the capital in
vested by the State, which might be estimated
at five millions of dollars. The charter should
for a limited time, and perhaps twenty five
Tears would*he sufficiently long. The company
shoU’d be required to return the road at the expi
| ration of their lease in as good condition, and a3
| well equipped as when they received it. The
| improvements which the increased business ol
: the road will require them to make, would af
ford a reliable guaranty upon this point. On the
i other hand the State should agree to pay the
company for any increased value, given to the
road by the imp ovements made by them. Pro
vision should also be made in the charter, to pro
* tect connecting roads from a partial, and unjust
administration ot its affairs, under such penal
l ties as would ensure perfect impartiality. I have
| fixed the capital of the company at a half mil
| hon, supposing that to be sufficient for the ordi
| nary improvements, which are still required to
k put the road in complete order. The Legisla
| ture could hereafter increase it, if the business of
the road should require the laying of a double
j track.
In submitting this suggestion to your conside
ration, I have merely laid down the outline ot a
j pl & n which might be perfected, if the policy re
| commended meets with your approval. If
J adopted care should be exercised in guarding the
i interests ot the State in any charter which may
! be granted, and that is submitted with great
j confidence to your wisdom and discretion. 1
i beg leave to repeat, that the adoption of this pol
j icy will ensure a uniform and permanent.system
I in the conduct and management of this great
; work. It will be brought under the operation
| of private en eiprise and individual interest,
I without sacrificing the investment of the State.
; It will be relieved from the difficulties which I
| " av ® shown must always, more or less, attend its
: management under State control, and finally en-
I sure the regular receipt into the treasury of at
| least two hundred and fifty thousand dollars per
annum.
THE PENITENTIARY.
I transmit herewith the reports of the Princi
pal Keeper and Book Keeper of the Peniten
j tiary, which will exhibit to you its operations
during the past two years. The officers of that
i Institution during that time have been faithful,
and energetic in the discharge of their duties,
; and 1 believe that its business under their
| charge, will compare favorably with the business
ot preceding years. Its assets at the end ot the
year will, in ail probability, discharge its liabili
ties, and leave it tree from debt. The business \
ot the Penitentiary is not, and in my judgment,
never will be a source of revenue to the State.
| The appropriations which have from time to
time been made to meet its liabilities,show this j
gross of amount of them is set forth ;
m the Keeper’s report. It now requires large
appropriations to make the necessary improve
ments, and to furnish materials for its successful
management. It is a subject which should se
cure more ot the personal attention of your
members, than has heretofore been the case. An
inspection of its condition will give you more
satisfactory information of its true wants than
any representation that I can make, and I would
urge the propriety ol your doing so, as it can be
done with very little trouble to yourselves, and
much benefit to the State. As you will perceive
from the Keeper’s report the business ot build
ing railroad cars has been commenced upon a 1
pretty extensive scale, The experiment so far j
has proven eminently successful, indeed it has '
been the principal source of revenue since its |
commencement. For the want of the necessary
means, an arrangement had to be made with the
State road to furnish the materials for building
cars, and as long as that road requires all the
cars that can be built at the Penitentiary, this
arrangement could be continued. If the busi
ness, however, should be extended as recom
mended in the Keeper’s report it will be neces- 1
sary for you to supply the necessary means for ■
the purchase in advance of materials, as the ob- ‘
ject should then be, to manufacture cars for all
roads that may desire to purchase. It would al
so be necessary to authorize the employment of
a Superintendent of this branch of the work, at j
a better salary than is now allowed to the sub- |
oidinate officers. If a ready sale be found for j
the cars. I have rio hesitation in saying, that it !
is the most profitable business that can be car
ried on in the Penitentiary.
1 he importance of classifying the prisoners in
the .Penitentiary, has been so repeatedly and
forcibly presented to the L e gislrture by my pred
ecessors, that I deem it unnecessary to enlarge
upon the subject, It is again brought to your |
attention by the Principal Keeper’s Report, and I I
would impress upon your minds the propriety of;
giving it your early attention. When this re- i
commendation is based upon the concurrent 1 1
°P ln . lon °f every one who has been thrown into j <
ofncial communication with the Penitentiary, it 1
should at least receive more consideration than j i
has heretofore been given to it.
THE LUNATIC ASYLUM. js
I bi-ennial Report of the Trustees, Super- ' d
[Resident and Resfilpn t T.imn. > r
tic Asylum is herewith submitted. This Insti
tution has been conducted during the past two
yearswiththe characteristic energy and ability
of its officers. I rommend to youi-attention the
suggestions and recommendations contained in
I these reports. Founded as they are upon the
experience and observation of those who have
| shown themselves so worthy of the confidence
I reposed in them by the State, they should com
mand your most favorable consideration. This
Institution was established by the State under
the conviction that it was our duty to provide
for the safety and comfort of that unfortunate
class of our fellow beings, who had been de
prived of their reason, and thereby rendered iu
capable ot providing for themselves. This-hn
mane object will not have been accomplished, so
long as: there remains in the borders of our State
one unfortunate lunatic unprovided for. It is a
melancholy and humiliating reflection, that ap
plicants for admission, are daily rejected for the
want of the nedessary means to provide for their
accommodation. This ought not to be so. I
hold it to be the solemn duty ot those who have
been spared from this awful calamity to furnish
from their treasure whatever may be required
for the support and comfort of their less fortu
nate fellow beings. I cannot believe that there
lives in the State a single citizen, who would
not give a cordial response to this sentiment.
The necessities of this institution, is therefore
the only just limit to your appropriations.
When you ascertain its wants, let them be sup
plied, your hearts will approve the act. and your
constituents will sanction the vote.
There is one class of lunatics for whom no
provision is made in the organization of this in
stitution. I allude to our slave population.
1 his omission, I have no doubt, is attributable
to the fact, that the number is so limited that it
has not attracted public attention. There are.
however, a few'; and suitable provision should
be made for them. The first suggestion would
be to leave this matter in the hands of the own
ers, after providing a place at the Asylum for
their reception. This will not do, however, as
it sometimes happens that the unfortunate luna
tic is ‘‘he only property of the awner; and he is
therefore unable to support him at the Asylum.'
It would perhaps be wrong to tax those who
s>have no interest in slaves, to raise money for
this purpose. The amount which should be
raisee for this object, would be small, and if lev
ied uprJh the taxable slave property, would not
be felt by the owner. Looking to the number
ot lunatic negroes, it would require only a nomi
nal tax upon this kind of property to raise the
necessary means. I can see no good reason
why every slave owner should not cheerfully
submit to this tax, to carry out so desirable and
praiseworthy an object. I therefore recommend
that proper steps be taken at your present ses
sion to carry out these views in the manner
suggested.
DEAF AND DUMB ASYLUM.
1 he report of the Commissioners for the Deaf
and Dumb Asylum for the years 1852 and 1853
is herewith transacted. The success of this in
stitution is a gratifying result, and should secure
for it the continued patronage of the State. —
Your predecessors have by their liberal endow
ments reeogni/.ed the duty of the State to pro
vide for the education of the unfortunate mute,
and it would be difficult for the Legislature to
1 appropriate the money of the .people to an ob
ject that would receive a more unqualified ap
proval from the popular mind. I also transmit
ttie report of a committee appointed by myself
to attend the annual examination of 1852. It
bears testimony to the faithful and efficient dis
charge of duty by the officers of the inst.tution.
Its recommendations are commended to your
consideration, as worthy of attention in your
legislation on this subject.
THE INSTITUTION FOR THE BLIND.
I transmit to you the first annual report of
the 1 rusrees for the “ Georgia Academy for the
Blind.l his institution was organized under
an act of tae last Legislature, and is now strug
gling through its infantile exi tence. It has
encountered the difficulties which have attended
'all similar institutions, and in view of these dif
ficulties, its efforts have been attended with as
much success as could have reasonably been an
.ticipated. It has shown itself worthy of the
fostering care extended to it by your predeces
sors, and shoul 1 continue to receive your patron
age arm encouragement. The appeal in behalf
ot the blind—like that made for the deaf and
dumb—addresses itself to oar better feelings.
The heart would be callous and hardenecfthat
could treat that appeal with indifference. Those
of us who have been endowed by a kind Provi
dence with all the attributes of manhood, unim
paired by disease or misfortune, have resting up
on us an obligation in reference to our less lavor
ed brethren, which we cannot disregard. In
establishing and maintaining these different in
stitutions the people of Georgia have exhibited
their appreciation of this high duty. The suc
cess which has attended these efforts, should only
stimulate us to renewed exertions and more lib
era! contributions.
GEORGIA MILITARY INSTITUTE.
At the ]&st session ot the Creneial Assembly
provision was made by law for the education of
a certßin number of cadets in the Military In
stitute, located at Marietta. A report is here
with transmitted from the Board of Visitors of
that institution, which will present to the Legis
lature all the information on that subject in my
possession. The system of military education is
growing in popular favor throughout the coun
try. In other States of the Union these Acade
mies receive liberal endowments from the Gov
ernment, and are becoming more and more the
favorites of the people. So far as I am enabled j
to judge, the Marietta Institute has been as em
inently successtul as any of its sister institutions
aNias deserving of State patronage.
EDUCATION.
Phe cause of Lducation numbers among its
friends, no supporters, more zealous, or liberal,
than the people of Georgia. It is with sincere
pleasure and honest pride that we can point to
the progress of education in our State. Our
University was never in a more flourishing con
dition, and never more deserving of the confi
dence and patronage of the State. Other col
leges have sprung up in generous rivalry with
this institution under, the patronage of private
enterprise, affording the most extensive facilities
for a liberal education to all who may be posses
sed of the necessary means. Colleges and Semi
naries for the education of our daughters are to
be found in almost every neighborhood, founded
upon private munificence, and conducted with
marked energy and ability. I would not unne
cessarily rr.ar this picture so grateful to our feel
ings and so gratifying to our State pride; but a
sense of duty demands that our attention should
be turned to another branch of the subject, which
presents for our consideration fa.’ different re
sults. Whilst the minus of those, who have
been blessed with the necessary means—are be
ing stored with all the rich treasures of knowl
edge, placed in their reach by these flourishing
institutions—there is to be found another class’,
less favored ot Heaven, who are growing up in
utter ignorance. The propriety of providing for
the education of the poor is recognized by every
one; but I am not sure that its importance is
fully appreciated. Ido not speak ot that com
plete and finished education which can be ac- i
quired only in our higher Seminaries and Col- j
leges, but I refer to it in its more limited sense.
The man who can read and write is a well edu
cated man, in comparison with one, to whom
the Alphabet is an unmeaning mystery; and the I
gulf that separates these two classes is far wider :
and deeper than the one which lies between the :
humblest scholar and the most learned Professor. •
Give to every son and daughter of the State an ,
opportunity of learning to read and write, and 1
we become that day an educated people tor all • I
the practical purposes of Government. The ’
honesty, purity, and intelligence of the people* i
constitute the firm foundations of a republi- j
can Government. To the extent of our j 1
ability it is our .duty to foster and nurture j i
these elements of security arid strength. ! f
Georgia has in some degree realized this°truth, I j
and exhibited a disposition to act upon it. Her ! i
ablest sons have been summoned to the task of j t
devising systems for the education of the poor; j c
and our legislative tables groan under the accu- i I
mulated reports of the committees appointed to i a
investigate and report upon the subject. All ! r
:hat could be done in this way has been done I ()
*nd yet the sons and daughters of poverty are ! J
mprovided with the opportunity of learning to i t
•ead and wiire. Can nothing more be effected 2 ! ],
is this field of labor, so inviting to the patriot!
md philanthropist, to be abandoned and lorsa- I c
ren? I o answer these inquiries, we must as-j t
ertain, first, wnat has occasioned the failure i n
leretofore ? and secondly, are we able and wil- i G
ng to overcome the difficulty in the future? o
he first point is very clearly presented in the k
tatement ot this simple fact—the number ot chil- w
ren returned under our poor school law, is(®3B,- le
00) thirty height thousand, and the money ap« tn
I P’fopi-iated for the education is ($23,000,) twenty
! three thousand dollars. In other words, for the
ec ucation oi each child, the Legislature appro
priates tne sum of sixty cents. I can use noar
guinen» or language that will present in more
forcible terms the main defect in our past sys
tem, than is to be found in this statement. We
ha V e faded to educate the destitute children of
the State, because we have failed to appropriate
a sufficient sum of money to effect the object
It is more than useless to discuss plans and sys
tems until the necessary means are furnished to
make any plan successful. This view of the
subject brings me to the second inquiry. Can
this difficulty be met and overcome ? In other
words, will the Legislature appropriate the ne
cessaey amount of money. At present lam not
prepared to recommend any large increase of
the appropriation. My object is more particu
larly to call your attention to a period in the fu
ture, when the required sum can be devoted to
this object without the imposition of any addi
tional tax upon the people. If lam right in the
views which I have already presented of the
financial condition of the State, present and
prospective, in the course of a few years the
public debt will be paid off, and there will be no
necessity for incurring another. When that
time shall have arrived, our present tax law may
be reduced one half, aud still furnish ample means
for an economical administration of the Govern
ment-giving no just cause of complaint on the
ground of taxation. The State railroad under
the system I have recommended will bring into
the 1 reasury a certain and regular revenue of
two hundred and fiity thousand dollars. To that
sum I look to supply the present defect in our
educational system for the poor. To that patrio
tic object, as well a9 to the necessities of the in
stitutions established by the State for the Deaf
and Dumb, the Blind, and the unfortunate Luna
tic, it should be sacredly devoted; and until the
wants of each and all should have been fully
supplied, not one dollar should be withdrawn for
any other purpose. I have invited your atten
tion to the subject at this time that the public
mind may be directed to its consideration in ad
vance of the period when the policy may with
propriety be adopted.
PUBLIC PRINTING.
I call your attention to the law on the subject
of the public printing. It is defective in many
respects, and requires Legislative action. The
•great delay that occurred in the printing of the
Laws and Journals of the last General Assembly,
should not be permitted to occur again. Under
the law as it now stands there wili always be
more or less danger of its recurring. In the es
timation of many persons the Executive is held
partly responsible for such delay, and yet he is
powerless to prevent it. Provision should be
made by law that the public printing should be
done at the seat of Government— under the eye
and supervision of the Executive, and he should
be clothed with power to transfer it from the
hands of the public printer whenever he fails to
complete it in a given period to be fixed by law.
Whenever there is unnecessary delav, the Execu
tive should be authorized and required to make
such.deduction as the exigency in his judgement
justifies; and similar power should be
with him in case the printing is not executed in
manner and style required by law. It shouuld
be made the duty of the Secretary of State, to
compare the printed laws before their final pub
lication, with the enrolled acts in his office, and
proper compensation should be allowed him for
the discharge of this duty. The style and execu
tion of the printed acts should be improved. The
act of 1834 required them to conform to the laws
of the United States, as at that time published.
Since then great improvement has been made in
the printing of the laws of the United States, and
we should in this respect keep up with the pro
gress of the age.
ANNUAL SESSIONS.
The experiment of bi-ennial sessions of the
General Assembly, has been sufficiently tested
by experience, and I believe that the public
judgment Gs the State is prepared to pronounce
against it. I was among the number or its advo
cates. and so voted when the question was sub
mitted to the people for their decision. I am now
satisfied, that in common with a large majority
of my fellw citizens, I was wrong, and am pre
pared to recommend a return to annual sessions.
Even if the policy of bi-ennial sessions was right
at the time ot its adoption, the increased interest
and important public works of the State have
wrought such a change in our affairs that a dif
ferent system is now required for our progressed
and progressing condition. A single considera
tion should satisfy every man of the propriety ot
annual sessions. At present, ail power is placed
in the hands of the Executive for two years,
and his term expiies and the people are called
upon to pass judgment upon his official career be
fore his actings and doings can be submitted to
the test of Legislative investigation. He can
not be called upon for an exposition of his offi
cial doings until the General Assembly meets,
and that does not take place until his term of
office has expired, and he has either been re
elected or defeated, or has voluntarily withdrawn
from the public service. This is wrong in theory,
and might work much injury in practice. It was
an economical view of the subject which induc
ed the people to resort to bi-ennial sessions, but
it may well be questioned whether the result
has justified this expectation. The fact that the
General Assembly meets only once in two years,
renders it necessary to extend the length of the
session. The accumulated business of the two
years must be disposed of, and additional time is
required to do it. In order that the people may
have an opportunity of passing their judgment
upon this subject, I recommend that an act alter
ing the constitution be passed by the General
Assembly at its present session, and the ques
tion submitted to the people at the next general
• election. If approved by them, your successors
can perfect the alteration, and if condemned, the
act can then be rejected. An opportunity will
thus be offered of having the question decided by
the direct action of those most deeply interested
in the matter.
ATTORNEY GENERAL.
My experience in office has brought vividly
before me the fact that innumerable occasions
occur, where the Executive, on account of the
varied and increasing interests of the State, re
quires the mature and deliberate counsel ol per
sons skilled in the law. The hurried and off
hand opinions of the best lawyers, are worth but
little under such circumstances ; and the separate
solemn advice of feed counsel on every such
question, would be a heavy draw upon the con
tingent fund. My own conviction is, that an
officer known as the Attorney General of the
State of Georgia, with such a salary as would
command the best counsel in the State, would
meet the necessity of the case. To the general
duty ot advising the several Executive Depart
ments of the Government, might be added with
propriety, the representing and advocating the
interest ot the State in ail questions arising be
fore our Supreme Court. The duties of such an
officer, it is unnecessary for me to specify. The
necessity and propriety of such an office will be
felt by every one occupying the Executive
chair,
THE SUPREME COURT AND STATE LIBRARY.
At the time the Supreme Court was establish
ed the idea prevailed that the convenience of
parties litigant required that the court should
hold its sessions at points accessible to them. ,
For that purpose it was provided in the law or
ganizing the court that it should sit at nine dis- 1
ferent places. Experience has shown that this
was a mistaken view of the subject, as the par- i
ties seldom if ever attend the court. Their at- «
tendance is not necessary, and they therefore (
stay away. No one will question the fact, that j
this migratory feature is attended with great in- i
convenience to the members of the court. If *
this was the only objection to it, it might be !
jorne with, but it deprives the court of the ad- !,
vantages ot consulting good libraries, which are .
lotto be found at many of the points, where it
snow held. Without attempting to present *
.ne many reasons which might be urged in favor r
51 the change, as they will readily suggest them- r
elves to your minds, I recommend that the P
)iaces for holding the court be reduced to the g1
lumber required by the Constitution. Looking n
o the future permanence and usefulness of this
:ourt, I think it advisable that the Constitution
>e so amended as to authorize its entire sittings “j
t the seat of government. I can see rio good te
eason why it should be otherwise. The docket si
4 the court could be so arranged for each of the
udicial Districts as to enable counsel to attend _
o their cases with as much convenience at Mil- p,
edgeville as at any other point.
In this connection I call your attention to the v<
ondition of our State library. For many years
be library has been totally neglected and al- s ;.
lost lost sight of by trie Legislature. The last Tc
leneral Assembly made an annual appropriation
f a thousand dollars for it. This amount regu- a “
irly continued with the system of exchanges qu
ith the other States, would in the course of a I
vv years furnish a State library of which we ■ aa
ight not be ashamed. The small salary given I p,-
to the librarian will
nected with some other *
during the last two years Th C?'
! P° lfc IS herewith communicate?
■ the condition of the lihra-v p • lt wil|.t rt *
* cime lnt <> office, and u| S(l !* "I® I ***
I . alopted to preserve it from I ?* 1
! be necessary for me
• merit to the Legislature i n ? btim a * a r J‘
' ? I,d kee Pmg a good State Libra*?* °£ ° bt ai£"
if there was no other consideration ' ta ~ e prS
' an »PP eal m its favor, that on, i ’ w «n!d
; ft'" «» Proprie-yand° u U^r<o^s'
are too apparent to require further bo *eve r
• confidently commend to your ft? ? m me n
ation the -policy ,d„ rted c*/
f decessors on this subject. Y } Mediate p*
miscellaneous sub tp „
: «-*«•>.Hon'nE'Ur;; b
; by the appointment of the"H h,ch 1 « ! *d
Starnes. There have been sLIT'
! cas i°ned by death and resi-. ,lvac « r »ci.s *
j ? U,t . . Co “ rt but as they a ° n T she Cir*
> bjrjb. Lsgislatore, it „
*
! claim,. ho!,m„ a f,'
I the Siate is liable for them rl- y do - that
; ahou!d be disposed of. « r j r™ 6 thi s
r tha f ® ome Provision be made by theL
I e , ra Assembly for the final Sf ,\ r ' rese, d G en .
claims, either by submit£n. Z ™ nt of these
r ved to the decision ot the cour*?^ l,es ti°ns invol
' tribunal to be selected by the I° r
■ agreed to by the parties i l ntres?*
( I was directed by a resolution Zr .
i eral Assembly, to withdraw the bl? G<la
; winch had been furnished for the w°u®* ,bI *
Monument from this State L ; he ashm^ton
[ objectionable inscription upon it SI °‘ the
. another in its stead, with the sir.w • proV|,Je
' of the Arms of the State Fm ii tL Ir ‘ scnpt 'on
• ject of the Legislature could be ? r th ?
literation of the inscription on the h? ? t . hy an
furnished, I adopted that course' a^th*
• — Ca ' atU ' *W“'» -ArfcdS
>
! examine and report to the nreseld?™? 10 " to
’ on the claims of Wm. Q. Anders .r L ,r, gls ' atur e,
[ derson, and Richard J. Willis securiH h ° S ' T An "
- R. Anderson, on his bonds ls’r i ■ les 05 John
j of the Darien Bank fe'
1 erty and Wm. Hope Hull Em
’ transmit to you their report uin-,’ ti? ? Brewitii
' Mr predecessor informed tL- list 6 S ?l ect '
' that the qaestion of the boundary bSweeSm V "T blr
! our own State had been submitted to th F1 ° a nda&nil
j Court of the United States, and that he v?. Suprerne
1 the services of the Hon. J M Berrien 1 eD « a^
- nay of the State. At the instance of Attor "
. associated with him the Hon. K E 1
. mg been authorized by resolution of the hi!
. ture, to employ additional counsel in
case is still pending, and will nrobiM- i f Tlle
! the approaching term of that b9 deC,de ‘ !
A question oi ooundary between South Carolina ml
Georgia has arisen since ahe a:-journmert Z ll ,
, i-mblj. Ih.
. unv-,riK>r an l tue Attorney General oi Lf' ,]i l
and myseif on that subject is herewith tranSed
1 fIL'TT are e SO fully presented in ‘bat correspondence
that I deem it unnecessary to add anything , n TJI
, ence to it. I recommend that the suggestion p nn tl*‘'
• in ,^ e * ast etter the Attorney General of Cuth
Carolina be acceded to. and that provision be' nwdeS
submitting the question of boundary to the daci.-ioH
of tho supreme Court of the United State-- It
! "suts the most sati,factory mode of settling a dilute
which if left unadjusted, might at some
lead to unpleasant consequences.
By a joint resolution of tho last General I
1 W ‘Y directed to appoint “ two suitable peisona as dele
gates from this State to attend a conv»ntion of de'a
gates from the Thirteen Original States." which wo
he din Philadelphia, ou the sth of July ISa-i t .
pointed the lion. Marshall J. Welborn, of Cuiumbu
and the lion. Asbury Hull, of Athens, who accepted
the appointment, and their report of the action of the
i convention is herewith transmitted. The object for
; which this convention assembled, and the mode bv
which that object is to bo consummated, are so full*-
and satisfactorily presented in the accompanying re
port, that I do r.ot feel called upon to do mo’-e than
ask for it your careful consideration. It is no local or
sectional movement, in which the people of Philadel
phia and Pennsylvania alone are interested. It was
prompted by a national se-tirnent as broad as the
Union—and a spirit of gratitude and ven ration aa
deeply impl inted in the hearts of the American peo
ple, as are the memories of our revolutionary strug
gles- Georgia has participated so far with commenda
ble zeal, and patriotic ardor in this noble enterprise
ami I doubt not. that every step of its future progress
will be m -rked with the evidences of her liberality.
The last General Assembly passed a joint resolution
authorizing me “to erect, on the public grounds near
the State House, a suitable monument to the memorr
of our late distinguished fellow-citizen, Hon. John
Forsyth, and pay for the same out of tho money ap
propriated for that purpose by the act of the Legisla
ture. approved February 23, 1350.‘ The proposition
contained in this resolution, meets ray cordial approval.
No one entertains a higher appreciation of the services
and brilliant career of Mr. Forsyth, than myself, andit
would have given one sincere pleasure to have carried
out the intention ot Ihe Legislature, if it could have
been done. The amount of the appropriation is whol
. ly inadequate for the contemplated object. A monu
ment erected on the State House square, to the memory
of My. Forsyth, should not only be creditable to the
State, but worthy of the distinguished dead; such a
monument cannot b? obtained for one thousand dollars
For this reason and for this reason alone.l have taken uo
steps to carry out this resolution, and luowrecommend
that the appropriation be increased to a sum that will
secure such a monument as the occasion calls for: a
monument worthy of the State of Georgia, and worthy
of the distinguished defender of the Constitution and
Union of our fathers.
We have just had our first judicial elections under
the law giving those elections to the people. The poli
cy of the law has been vindicated, it p events aa
appropriate accasionfor recommending an extension of
its provisions to the remaining cases of State officers
elected by the Legislature.
Our election laws need amendment. The duty of decid
ing upon the returns of many elections, is by implication
devolved upon the Executive. No rules however, are
prescribed for his government. This should !>e reme
died by the pas-age of an act, plainly delining his doty,
power, and mode of procedure.
The great number of laws which have been passed
on the subject of the lands belonging to the State has
involved that subject in great difficulty. Many of the.-e
laws were of a me.e loc«l character, "but their applica
tion being general in the terms of the statue, has pro
duced a contrariety of provisions difficult to reconcile
Tho whole subject needs thorough and radical legisla
tion, and I trust it will receive your consideration dur
ing the present session. For the disposition of the re
maining uugranted lands of every description, that
have been regulariy surveyed, I would recommend that
the policy of the act of 1843 be adopted. Experience
has proven it to be, by far the most economic land
satisfactory mode of disposing of the public lands.
The slow but steady development of tho mineral re
sources of our State, should bring to your attention the
importance of providing,for a t.norough geolgical survey
of the State. Other departments of interest would he
greatly benefttted by it—and I recommend that amp* 6
provision be made far that; ir pose.
I was requested by resolution of the Senate < f tne
last Legislature to make the alterations and arrange
ments in t e Senate Chamber rendered necessary /
the id creased number of that body. It has been a--
tende I to—and a portion of the expense paid out ••
contingent fund. No special appropriation was ma
to carry out this resolution, aud it now becomes nec
sary for you to make an early appropriation to P»J
balance due to Mr. Lord, the contractor. As he
among the unfortunate number who suffered severe ■
from the late tire in this city. I would urge upon \o
the justice of providing for the immediate settleme
of his account.
Your attention has doubtless been arrested oj -
destructive character of the fire to which I have j /■
alluded. The individual sufferers make n#app* a
you for relief, but it is in your power to render j*-
tial aid. not only to them but to the whole comm l1 /* J
by decesive action upon the subject of a j
the seat of government. The constant ng'}* ' .
that question has paralyzed the energies of tne' P* r
of Milledgeville and crushed their spirit o»
The future prosperity of their city is involve 1
and so long as it remains an open and unsettle P
the effect will be felt and seen in the n^ a .,^ r jtr
deucy of every interest connected with t - ie i
of the city. Ample time has been allowed f®
certaining the popular will on the subject. s °“ ,^ ent
tive expression should now be given to th#ju-* 0
of the people. It is due not only to this ...
but also to the future comfort of those, who
officially called to spend a portion of their tu- *
Capitol. Such arrangements as are necessary .
Milledgeville a pleasant residence for the me -■
the General Assembly, and others called here > P
business, can never bo made until it is known
seat of Government will not be removed. "
therefore, may be the public will on this suoje ,
it be made known in such authoritative, as wi
all doubt and anxiety in reference to it.
PKDHKAL RELATIONS.
I herewith transmit a communication from xi /j
Departmrnt of the Federal GgVermont, aoco P
with a copy of a “Consular Convention
United States of America and Ilis Majesty »b
ror of the French.” Your attention is called
provisions of the seventh article of the conveo . nJ
I herewith transmit the resolutions oi w
state Legislatures, which have been for* a u -
IHC. Vly afl
Since the last session of the General Assew
occurrence has transpired in which Georgia
not directly a party is in my judgdment t,e ,, „urjt
rested, and to which I deem it mv duty to can J
tention. A citizen of Virginia on his way to “■ ■
slave.! is by force, of circumstances, compel-* y oj'i. 0 j'i.
C temporary transit through the city °‘ i gtat*
Upon Habeas Corpus before Judge Payne ot j e .
—the negroes were declared tree, and the c (
vrivvd of his property Though indemni . • jjgis
lelieve by voluntary subscription, yet the p an( j of
solved in the decision is one of vast impor a _
tartling tendency, in which the interest 0 ' eTer y
nons becomes insignificant, end the intcre
laveholding State paramount and equal. . - ® ,
’exas have no deeper interest than Georgi
lama. It is understood that an appeal aas ’ p)r -.
rom the decision, to the appellate c ®? r ;. o j, 0 f
nd it is probable that the final aljudic-U uft
uestion involved will be made by the cupre n «-
f the United States. The deliberate deterinii^' 0“ 1(i
ny question by that tribunal, s #
jeeive the resptet of the country, and co. --
reoedoat subsequent cases. lue ‘