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MESSAGE. ExSCnTIV* DxH-HTMKST, G*., ? Milledgeville, November, 6lh, 1839. > Fellow Citizens of the Senate and House of Representatives Assembled together as the rulers of the peo ple. to pass laws for their government, it is an appropriate act of duty to acknowledge our de pendence upon the Sovereign Ruler ami Lawgiv er of the unive.se, and to ask that he will so guide the public councils as to secure the happi ness of the governed. In accordance with established usage, I pro ceed to give you on account of the course which has been pursued by lha Executive Department during the past year, in discharging its various duties ; and to recommend to the Legislature the measures of public policy which experience, or reflection may suggest as best calculated to ad vance the public interest. The Militia of the State under the command of Oen. Floyd, who were employed at the time of your last session in protecting the inhabitants of the counties adjoining Flo ida, succeeded by their constant activity and courage in driving the Indians from the Okefanokeo Swamp, and their other fastnesses, so effectually, that the en dangered part of the country has remained in seenrity ever since. The act passed at your last session to provide for the payment of the Militia who were called into (ho service of the Stale during the year 1838, to repel tho invasion of the Indians from Florida, has been carried into execution by this Department, ns fully as possible. The appropri ation of fifty thousand dollars proved insufficient to satisfy all the claims arising under it. Two Companies of Lowndes county remain unpaid, and the accounts for the supplies furnished all tho Companies who were in service in that county, The rep'rt of Col. King tho Commissioner ap pointed under tho act, will show tho manner in which tho appropriation has been expended, «nj the probable amount of its deficiency. I regret to inform the Legislature that the De partment has failed in its efforts to procure from the United Stales Government the repayment of the fifty thousand dollars which has been thus advanced hy the Hlate, or the sum which is yet due to the militia for their services and expendi ture*. When the application was first made to the Secretary of War, to pay the militia, the an swer received was, that the restrictive terms of the law then in force, making appropriations for the suppression of Indian hostilities, did not ad mit of the payment of such troops, and that the authority for that purpose must he given hy a special act of Congress. The President and Se cretary of War failed, however, to bring tho sub ject to the view of Congress, at tho opening of its session; and although it was afterwards brought before Congress hy the delegation from this Kioto no such special act was passed ; neither was the the general act making appropriations for the suppression of Indian hostilities, so drawn up as to avoid tho difficulty which had occurred under tho previous law, or to provide in any other man ner for making the required payments. That this State has just reason to complain of this con duct of tho authorities of the United States, is ev ident from the facts, that before the State ordered any troops into its service, Gen. Jessup, then commanding in Florida; was informed of the danger which threatened tho inhabitants of the counties adjoinining that Territory: That he pro mised to afford them protection: That when the Indians entered the Okefanokce Swamp, soon thereafter, in sufficient forces to endanger the whole of the neighboring population, no means had been provided hy Gen. Jessup, or any other officer of the United States, to repel them: That the emergency rendered it indispensilile that the militia of the Slate should he called out for that purpose: That information of the invasion of tho State by the Indians, from Florida was immedi ately communicated officially to the President of the United States, Secretary of War, and to Gen Taylor, (who hud a short time before succeeded to Gen. Jesnp’s command, in Florida,) with a pressing call for assistance and protection: That* no greater force was called out hy the authorise of tho State than the oxteutof (lie danger roquir* ed, nor retained in service longer than was nee* cssary: That the General Government is hound hy the Constitution to protect tho Slates against invasion, and that it is its practice to pay the mijj litiaof the States for performing that service whenever it could not have been performed by the troops of tho United States. In pursuance of other provisions of the same net already referred to, Augustin 11. Hansel, Esq., was appointed a Comniissionca to audit the claims arising under it in the Cherokee counties and middle Georgia, and William S. Rockwell, Esq., commissioner fur the counties west of the Ocmulgeo river and south <>f the road loading from Milledgevillc to Columbus. The commis sioners found great difficulty in auditing the claims presented to them, as did this Department in allowing them ns “just and well founded.” — None have in their inception any lien upon the Treasury of the State as having boon created un der the authority of its laws, or in accordance p-. with any general principle rendering it obligatory upon the State to pay thorn, and could only therefore he determined upon hy the strict letter of the law which directed their settlement. Co pies of the report of the commissioners are laid before the Legislature, and will show in what manner they have discharged the duty assigned them. The Legislature was informed at its last ses sion that the accounts against the United Stales, for payments made hy this Slate, to its militia and volunteers, under the acts of 1831! and ’37, had been presented to tho War Department for reimbursement, accompanied by the request that they should be passed upon as soon ns possible; and that the Senators and Representatives from this State in Congress, had also been requested to ascertain what portion of these accounts would be paid by the War Department, and to apply to Congress for the passage of a special law, to au thorize the payment of tho remainder. These accounts were placed in tho possession of the Secretary of War, for adjustment in the month of June, 1838 In the month of Janua ry, thereafter, having re vived no information that any progress had been made in their settle ment, and perceiving that the subject had not been brought before Congress, the attention of the Secretary of War and the Delegation, was again called toil. Near the close of the session, and when it was too late for the Delegation to at tempt to obtain the passage of a law hy Con gress, to reimburse the Slate for the payments made by it, the accounting officers of the War Department, reported that the whole of those payments had been made either contrary to law, or required forms,*or that they were unsupported by sufficient evidence. I lay before the Legislature for the exercise of its pardoning power, the cases of two convicts, for murder, to whom reprieves have been granted. I would avail myself of the present, as a tit opportunity for earnestly recommending to tho Legislature, so to modify the law defining mur der, and prescribing its n iniahment, as to make a large portion of the offences which are by the decisions of our Courts, delermed to be murder, and punishable with death, subject to a different punishment. Pardons have been so uniformly, tor a long time, granted to convicts for murder, whoso guilt has been unattended by circumstan ces of great atrocity, as to prove conclusively, that some other means than sentences of hanging mu**, be provided, to secure society against such crimes. It is submitted to the wisdom of the Legislature, to determine whether the object of the proposed alteration of the law, will Is- hesl effected by creating two distinct crimes of the acts, which are now included in the definition of murder, dutiugauhlng them hy the cifcunwtan cea attending upon theirdifTnrcnt degrees of gudl, I and nuking the oircnco of the least degree, pun- I ishablo by confinement in the Penitentiary —and tho highest with death, or by leaving it to the discretion of the judge lie fore whom convictions for murder may take place, to pas* sentence of death, or confinement in the Penitentiary, accor dingly ns the guilt of a convict may 1 e attended by circumstances of alleviation or aggravation. In obedience to the requirement ot the Legis lature, the Hoard of Commissioner* of the West ern and Atlantic Railroad proceeded to examine the country on the Tonnersee river, with the view of ascertaining tho most eligible terminus of the road for securing the advantages of the trade with the West. This examination result ed in their fixing upon Ross’ Landing as that terminus. The selection lias been concurred in hy the Executive Department. One hundred mile* of the grading and mason ry of lilt) railroa I is now completed, except a small distance where unexpected difficulties have been met with, which will soon be overcome,— The remainder of the road would have been put under contract for construction before this lime, hut for the want of funda. Tho entire cost of the, road up to the first of October last, has been one million three hundred and twenty thousand one hundred and forty eight 10-100 dollars. Os this sum, about one million and seventy thousand dollars have been ohaiined through the Central Honk, and hy the sale or pledge of the stock issued under the acts of 1K37 and 183.8, leaving a balance of upwards of two hundred and fifty thousand dollars due to the contractors and other persons in the employment of thn Commissioners. The payment of this last sum, together with what has become due the contractors since the first of October, ought to lie provided for immediately hy the Legislature, Tim annual report of the Hoard of Commis sioners to the Legislature, will show the liability of thn State for stock sold, for money advanced upon tho pledge of stock, and for interest which may become due upon those sums. The great embarrassment in the money market of this country and Europe, mid the low price to which State slocks have fallen, render it impossible for the Slate to raise money upon credit. Tho Le gislature must therefore determine hy what other means it will provide the fund* necessary for ex ecuting its great work of internal improvement. Although tho failure of the State’s agent to sell stock may increase tho amount which must he provided at once for carrying on the construc tion of the road, yet this circumstance neither adds to its filial cost, nor lessens its advantages when it shall he completed. The indisposition of the Legislature to impose heavy and unusual tuxes upon the people; the large demand* which must ho made upon the treasury for other purpo ses during the present year; mid the deranged slate of the finances, have created an apprehen sion lesi tho road shall he abandoned altogether. Great us tho difficulty will he in finding means for constructing the road, this apprehension can not hul prove needless, when it is considered that 51,330,148 10 have already been expended in its construction, which will he lost entirely to the Stale, if it shall ho abandoned: That the lino of the road is the cheapest and shortest practicable route hy which the West and Southwest enn he connected with the Atlantic: and that its great cost will therefore create an additional security that it will enjoy the monopoly of its advantages; That it is due to her enterprising citizens who are constructing tho Georgia, Central and Mon roe Railroads, that (lie State should finish the i Western anil All mlic Railroad: That, as tho i government of the Stale holds the political opin- i ion that (he general government has no constitu- ’ lionnl power to make internal improvements ’ within the State, it owes it to itself and the other i members of the Union, to execute a work neces- < sary for the prosperity of several, and advanta- i genus to all, and which none can execute hul ( Georgia: That the road will furnish the only i mean* by which the heavy and valuable produc- I lions of the Clierokei counties can reach a profi table market: That it will connect the Stale with one of the most extensively fertile countries in the world, so as to introduce into every part of it supplies of the first necessity, at all times and in any quantity which may be demanded: That it will give to our cities a large export trade in the I productions of the Western and Southwestern i Stales, and an equally beneficial trade ia supply- i mg their homo consumption: That, it must he- 1 come the great thoroughfare for travelling be tween the Sou lb west and the Atlantic: That it will strengthen the bonds of the Union; add to tho means of mutual defence and protection a inong the States; elevate the character of the Slate; advance its general prosperity, and retain within it the population and wealth which would otherwise emigrate to other States. If, however, the Legislature should consider tho finances to he in such a condition as to forbid the continuance of tho road hy funds to ho drawn from taxation, I would recommend that the Le gislature authorize the hoard of commissioners to accept of the proposal which has been made hy tho contractors now at work on tho rood, to re reive six per cent slock of the State in payment for its construction to Ross’ Landing, A copy of tiro correspondence of this Depart ment with the Chief Engineer, upon this subject, and of lire proposal on the part ot the contractors, is laid before you. If the Legislature should de termine upon accepting the terms offered hy the contractors, I would advise that it he done as soon ns possible so that they may he notified of it br ibe time that their present contracts shall he completed. Reports have been received from all the Hanks in tho State, allowing their condition on the first of October last. These reports are so numerous and extended that copies could not lie made out to accompany this message. They are filed in the E xeeutivefOfficc, subject to the disposition of the Legislature. Tiro late suspension of specie payments hy most of the banks, affects so generally, and to such an extent, tho interest of the whole commu nity, as to call for the decided interference of the Legislature, to prevent the injurious consequen ces which may follow from it. The preceding suspension of specie payments hy the hanks, found its justification in tho extreme necessity which was created hy the sudden revulsion in trade, and general loss of confidence in commer cial transactions, which succeeded immediately after the excessive issues of the banks, which had been called for by overtrading on the part of the merchants, extravagant purchases upon credit, and living beyond their means by the people, and the spirit of speculation which pervaded the whole country. It gave to the banks the means of affording the usual facilities for business, and at the same time of gradually curtailing their dis counts, so as again to resume specie payments without great pressure upon their debtors; and to debtors the opportunity of making payments hy time, industry and economy, without the ruin which would have been the consequence to many, of forced collections immediately after the pres sure took place. Tho present suspension has been made under very different cireuinstan -es; and if permitted to go unnoticed by the Legisla ture. will tend to produce an insecurity and va cillation in Hank issues and credit, affecting most injuriously the relation of debtor and creditor, and the general wealth and prosperity of the community. The conduct of many of the hanks shows the slight control which the obligation to perform their contracts has over them, and the probability that they will use the opportunity wlrich the suspension gives them, of making pro fit from it, unless restrained hy efficient laws. Whilst, therefore, I would recommend that all the banks should he permitted to retain their charters, whose reports show that their business has been conducted with ordinary caution ami regard for the rights of tho public, I deem it very important that the Legislature should impose such condi tions upon them as will prevent their malting ex cessive issues; speculating in cotton or other pro ductions; or selling specie; and force them to re sume specie payments as soon ns the present em barrassment in the money market in those coun tries with which we have commercial dealings shall have passed away. They should he requir ed to make quarterly reports to the (Inventor, showing their coirliti >n, and exhibiting the a m iunt of th.-ir liabilities, and the specie in their vaults. The conduct of several hanks during previous suspension and since, proves the propri ety of subjecting them to increased penalties lor issuing change hills or notes under five dollars; and of compelling them, by the same means, to pay their five dollar notes in specie, when pre sented to them for payment in small amounts. The Bank of Darien and the Bank of Rome, suspended spe.-ic payments, and stopped dis counting, in the curly part of the year. The loss which has been sustained by individuals and the public from the depreciation o( the bills of these banks, render it the duly of the State to en quire into the causes of their failure, and that such remedies may bo applied as will guard the community from similar losses hereafter. As the failures of the Darien Bank have most pro bably proceeded from its having been in the hands of Directors appointed by tho Stale, wh> have ha 1 little or no interest in its safe and profitable management, I would recommend either that the charier of the Lank he forfeited, or that the Stale dispose of a large portion of its stick, so as to place the direction of the Bank in the hands of those who will have a strong individual interest in conducting it properly. No persons have, as yet availed themselves of the privilege granted by the law passed at your last session, to all the citizens of the State to es tablish banks. This result is fortunate for the country, ns it is very certain, that if any banks bad gone into operation under the law, they would only have increased the derangement of the currency and monied embarrassment; and because it gives to the Legislature an opportuni ty of repealing the law, before any rights are ac quired under it. As long ns the currency of the country is in hank notes, its proper regulation is of so much importance to every individual and the public, that the State ought to retain suffi cient power over it to protect the community from its abuses. The Legislature should ascer tain wlml amount of capital it required to furnish the circulating medium, sufficient for the purpo ses of trade ; where such capital ought to lie em ployed; and to grant the privilege of using it to such persons, and upon such conditions as would hest secure a sound currency. Bank charters are not intended for the exclu sive benefit of the stockholders, hut to advance the wealth and prosperity of all. The tendency of the general Banking Law, is to induce those who have no money, are largely indebted, and those who are employed in extensive specula tions, to engage in making rneney ; or what passes for it, as an easier and more rapid means of acquiring it, than by labor. Although the law, ns passed, contained provisions, which for the time have prevented the country from being flooded with irredeemable bank bills, yet its pol icy is believed to he founded in error, in consid ering land and negroes a better security for a cir culating paper medium, than gold and silver; and that all persons owning such property, ought not only to have the right of using it, en joying its profits, and selling it for its value, hut tlie privilege of depreciating or alfectingthe value of every oilier person’s property, by pulling into general circulation hunk lulls, to pass for money. The great mistake in this matter consists in pro viding for the eventual redemption of banknotes, rather than for their continued circulation, with out depreciation ; and for tliu benefit of the issu ers of bank notes, rather than for the interest of the whole community. Land and negroes are unfit instruments for carrying on the business of bnrtar and exchange, or for being made the basis for bank note issues, Because they cannot be ex changed into money at the will of the holders, or as the necessities of commerce may require. The rich may profit by land and negroes, being the basis for the issues of banks which fail, but a large portion of the holders of the notes of such banka, must part with them at any rate of depre ciation. If, however, the Legislature should continue of the opinion that the business of hanking may he left to regulate itself, under the restrictions imposed upon it by the general law upon that subject, those restrictions ought to bo increased by requiring that hanking companies shall consist of a sufficient number of stock holders, and the stock held by each he so limited as to prevent the banks from falling under the control of individuals, or of few persons, and thereby secure them from being directed to specu lative or fraudulent purposes. In compliance with the Resolution of the Le gislature, John McPherson Berrien, Win. W. Holt, and Absalom 11. Choppcl, Esqrs., have been appointed commissioners to arrange and di gest a system of finance for the State. Their re port will be made to you at an early day. The high qualifications of these gentlemen for the duly imposed upon them, the labor which has been employed in its peifonnance. and the im portance of its subject, will entitle their report to great consideration. V\ illiam Law, Joseph Henry Lumpkin, and David Campbell, Esqrs., have been appointed commissioners to investigate (lie claims of Tre zevant. (lalpbin and Elliot. The result of their investigations will ho reported directly to the Le gislature, and will, it is to bo expected, produce a final disposition of those claims. Li pursuance ot the authority given this De partment, Charles Dougherty and James A. Mer riwelhor, Lsqrs., have been employed as counsel to defend the actions pending in the Superior Court of Habersham county, in favor of the heirs of certain Indian reservees, against the grantees of the State or those who hold under them. The Legislature is referred to the report ol those gentlemen for information upon the subject of these suits, 1 refer the Legislature to the correspondence between this Department and the Governor and Commissioners of the Stale of Alabama, for in formation in relation to a proposition made bv the Governor of Alabama, to run again the lino between the two States, in conjunction with the authorities of this State. I transmit to each Branch of the Legislature, a list of the Executive warrants signed during the past year, and of officers appointed by Iho Executive during the same lime. I he proceedings of the Legislatures of several ol the States, upon subjects of supposed common interest to all the States are laid before you, at their request. Brigadier General Zachsriah While's com mand has become vacant, by his r unoval from the State. 1 lay before the Legislature, copies of the cor respondence between this Department and Col. Asa Bates, the contractor far improving the navi gation ol the Chattahoochee river, from the city ol ( olumhusto the Florida line, and the superin tendent. Benjamin V. Iverson, Esq.; with conics ot their accounts against the State. These pa pers satisfied the Department that the sum of T IT, lliul l ’* vn received from the Stale, by ( 01. Bates, greatly exceeded what he was on tided m tor his services. They will also show the difficulty which occurred in ascertaining what ought to be paid to the superintendent. They are referred to the Legislature, that such deter mination m.y he had upon them, as a just regard for the public interest, and the righls of the con tractor ami superintendent may require. , Mr. Howard, the agent who was sent to En gomd to procure copies of the colonial records, relating to the . arly history of this State, has placoi. m the Executive office twenty-two manu script volumes as the result of his labors. Great j r credit is due to Mr. Howard for the industry andl . t perseverance with which ho overcame the dil.in i cultics which he met with in effecting the object t of his mission. c The appropriation for building a house for the i residence of the Governor having proved insutn- | cienl to complete the building in the style and ac i eroding to the plan on which it was commenced, the Gommitlec who had lire superintendance of its erection, borrowed from the Lent I Lank, ■ upon their own credit, the sum of three thousand two hundred and thirteen dollars to supply t.ie deficiency. The public spirit which induced the Gommitlec to incur this responsibility, entitles 1 them 1 1 be relieved by the Legislature in the same spirit. An enclosure and out houses correspon ding!'! style with the principal hud ling, remain td’be erected. The limits of the districts within which Jus tices of the Peace exorcise their regular Jurisdic tion, and Captains of Militia their commands, are by the laws now in tores subject to the con trol of the Regimental Courts of inquiry. Ihe militia of the State is so disorganized at present that it would be a matter of some convenience both to the People and the Executive Department, if this power were taken from the military Courts and given to the Inferior Courts of the counties. Notwithstanding the ellhris of the Department to collect into the Arsenal at this place the pub lic arms which arc scattered over the country, a great many yet remain in the possession of indi vidua s, where they are becoming useless by want of care, or are used and disposed of ns private property. The evil is sufficiently extensive to authorize the Legislature to compel, by penal enact merits, those who may have public arms in their hands, to deliver thorn up to some designa ted officer. The stale in which the public arms were found which have been collected into the Arsenal, ren dered it necessary that considerable expense should be incurred in cleaning and repairing them, to preserve them fit for public use. In executing the act passed at your last ses sion, directing the Department to have sold such of the public arms as might he deemed unneces sary to retain, an order was issued to the Military Store-keepers to select and sell according to the terms of the act, the useless arms under their care. The reports of the Military Store-keepers, co pies of which are laid before the two houses, will show the manner in which tiiat act lias been car ried into effect; and the condition of the public arms in each of the Arsenals. The appropriation of ten thousand dollars for a geological survey of the State, will he expended before the end of the present year. It will he necessary that on additional appropriation shall lie made, if it is the purpose of the Legislature to continue the operations of the Geologists un til an entire survey of the State shall be comple ted. The building which is now being erected fora Lunatic Asylum, will he completed before your next session, and ready for the reception of the insane, f would call the attention of the Legis lature to tho necessity of prescribing the rules upon which its inmates shall bo received; adopt ing proper regulations for the government of the institution ; appointing a Board of Trustees for its superintendnnee and inspection, and a Physi cian for its Medical direction. There are at present one hundred and sixty convicts in the Penitentiary. This number is too large to he employed within the present, buil ding. or to admit of the convicts being subjected to solitary confinement, the number of cells now erected being only one hundred and fitly, Tho Principal Keeper, his assistants, and the Board of Inspectors, have discharged the duties of their respective offices in a manner which has se cured for the institution as successful management as can he given to it under the laws which at pre sent control it. There have been no disturbances among the prisoners during the past year, hut one escape, and the amount of labor of the con victs exceeded in value that of any previous year, upwards of eight thousand dollars. But no efforts of the officers, however well directed, can make the Institution what it ought to he, a terror to evil doers, and the means of reforming criminals, without the aid of a well regulated po lice. It is especially necessary that the unre strained daily communication which is now per mitted among the convicts should he prohibited, and that a separate building should be erected for the reception of female convicts. Upon the subject of the reforms which are ne cessary in the government of the Penitentiary, the Legislature is respectfully referred to the re ports of the Board of Inspectors, and of the Com mittee of the Legislature. 1 would respectfully recommend the repeal or modification of tho law passed at your last scs sion, to promote the culture of silk. From en quiries nia le by this department, it has been as certained that the premium of fifty cents offered by that law for each pound of silk cocoons, raised in the State, is twice the sum of their value; so that, the producers, receiving the premium, will receive certainly twice the value fjr cocoons, and three times, if they can find a market for them. The extended plantings of tho moms multienulis mulberry tree, which has already been made in this State.; the facility with which it can he rap idly propagated; its quick growth and early fit ness for feeding the silk worms . and the ease with which any quantity of the silk worms may ho obtained; render it highly probable that a suf ficient quantity of silk cocoons will bo raised, en titled to premiums, to exhaust tho Treasury in a few years. There can he hut little doubt that this will be the case, if our climate, soil, and cheap lands, admit of the application of labor, to the cultivation of the mulberry tree, and raising silk cocoons, so ns to derive therefrom the ordina ry profits received from other employments. If not. then all tho premiums which shall have been paid will he so much public money thrown away. As the law gives an implied pledge that the pre mium shall he paid for ten years, regard for the public faith, as well as the public interest requires that if it is to he repealed or modified within the ten years, it he done nt once and before very extensive obligations shall have been incurred to our citizens under it, or large amounts of the pub lic money paid away. Besides these objections to the particular pro visions of the law, tire policy in which it is founded is itself very questionable. The people of this country are so keenly alive to their own interests; so little under the influence ot long continued usages; aiuVchangc from one employ ment to another so readily; that the interference of the Government in giving a forced direction to I their labor by bounties, can scarcely ho justified in any instance whatever. As the raising of silk cocoons requires neither extVaordinaryjcapital nor skill; has been known to the people of this State from its firs* colonial settlement; is designed to snpplv the demands of luxury and not of neces sity; and therefore encouraged by the- 5;-rrO to enlarge the sources of profit; there is no strong er inducement for its encouragement by bounty, than any other production which the Legislature mav he of opinion can he raised with advantage. If the Legislature should be of the opinion, however, that the law is founded in sound policy, and ought to be continued in force. 1 would rec ommend that it he so modified as to take off :hc bounty now allowed upon silk cocoons, and in- I crease that allowed upon silk, and especially up. !on raw or reeled silk. Frauds are so easily com i milted in weighing cocoons that they cannot he prevented. There is besides no object to he ef fected bv encouraging the raising of cocoons at present, as there is no sufficient market for their sale in the United States, and because they can -1 not be sent abroad on account of their great bulk | in proportion to their value; the injury done them by compression; and their liability to decay when exposed to the damp of the occr.n. Raw silk, on lh£ contrary, finds a ready market to any amount in England or France, and is so light in propor tion to its value, as to be sent abroad at very li tie expense. If silk is to he made in this State in sufficient quantities to become one of its staple productions, it will most probably he in the form of raw silk, and,therefore, encouragement should he given to it in that form, if at all. No distribution has been made during the past 1 year of the funds appropriated by the acts ol 1837 and 1838, to establish a general system of educa tion by Common Schools. This delay has pro ceeded from the exhausted state of the Treasury | and the inability of the Central Bunk *o advance the amount, except in the bills of the Darien Dank, which the Treasurer refused to receive. Whilst the general system of education isyet incorporativc, a suitable opportunity is afforded the Legislature of again enquiring whether the means proposed to be used by it arc calculated to answer the end designed. With a view to such an enquiry, it may be proper to observe, that the primary objects to be attained n estab lishing such a system, are generally understood to he the building ot comfortable slicool houses, of durable materials, in every school district; the placing in them a library for the use ol all the scholars, of hooka calculated to impress uoon them religious, moral, and practical truths; and the increase of the number and qualifications ot the teachers, by providing certain and sufficient public funds to effect that purpose. A very slight examination of the Acts of 1837 and 1838, will show, that these objects are net provided for at all, or very inadequately, by the proposed system. These laws direct that the trustees of the school districts shall locale and superinlcd the erection of suitable school houses in their respective dis tricts; but expressly prohibit their using the school fund for that purpose ; no hooks can be purchased except what may he necessary for the children whose parents are unable to supply them; although the Stale could perhaps in no way advance the cause of education more efficiently than by causing tho highly improved class hooks which have lately been published in this coun try, to he placed in the hands of every chil l.— Neither il ics the system provide adequate funds to procure, the necessary supply of qualified teach ers. The academic and poor school funds and the interest derived from one-third of the surplus revenue received from the United .States, make np the entire sum appropriated for the support of the general system of education, and may he con sidered equal to sixty thousand dollars per annum. The law intends that this sum shall ha so expen ded as to extend the advantages of education equally to all the children of ill? State. The ex tent of the State is equal to sixty thousand square miles, so that if there should he a school in each sixteen square miles, as there must he to bring a school houss within reach of all the children, the whole sum applicacble to the payment of the teachers of each school, will he sixteen dollars, including in that sum what may he necessary for purchasing books and stationary for the poor children. Another view may perhaps present the subject in a yet clearer light. The whole number of children between the ages of five and fifteen, be ing those, who arc entitled to the benefits of the system, exceed one hundred and six thousand.— An equal expenditure of the sixty thousand dol lars among them, will allow somewhat more than fifty rents to he applied to tho education of each child. When, therefore, from this sum of fifty cents for each scholar, or sixteen dollars for each school, is deducted what may he necessary to sup ply the poor children with books and stationary, what may remain undrawn from t.ie Treasury, and that which may he misapplied or not applied at all by agents, it will scarcely he necessary to estimate the sum which will remain of the sixty thousand dollars, to show its entire inadequacy to pay teachers for all the school districts, and to educate nil the children in the State. It is true that the law provides that in aid of the funds whicli have been appropriated, the trustees of the school districts may raise money by voluntary subscriptions, and that the Inferior Courts of the counties may levy a tax. But that system is no system at all. Its operations must he too uncer tain and variable to he relied upon for any valua ble purpose whatever. In addition to these de fects of the system, it may he added, that the ex penditure of the school funds as directed by it will he very unequal. In nil the populous and wealthy districts and counties, where school houses will ho erected, teachers employed, and children taught whether any aid is received from the public funds or not, the proportion of the school fund to which such counties and districts may he entitled, will he received and expended, whilst the sparsely populated and poor districts and counties, whore schools arc not supported at present, will receive nothing; because their pro portion of tho school fund will he too small to enable them to employ teachers nr maintain schools. Entertaining these opinions of the effi ciency and inequality of the general system of education by common schools, I consider it my duty to recommend to the Legislature, cither to amend it so as to make it what it purports lobe, or to abandon it altogether. The two houses will find in the accompanying papers, several acts and resolutions, passed at the last session of tiro Legislature, with the reasons why they were not signed or returned to the Houses in which they originated. I regret to inform you that the Legislature of the State of Maine has declined taking any meas ures to give satisfaction to this State, for the vio lation of its constitutional rights, by the refusal of Governor Dunlap and Governor Kent to deliver up to its authorities upon their demand the fugi tives from its justice, Philbrnok and Kellcran.— You will perceive from the proceedings of the Legislature of Maine, at its last session, that up on reference to it of all the documents insolation to Pliilbrook and Kellcran, il contented itself by resolving that tho whole of that subject was ex clusively within the province of the Executive Department, and that it was inexpedient for the Legislature to take any order in relation thereto, notwithstanding that the Legislature had passed a law nt its previous session, defining the power of the Executive Department in arresting and de livering up fugitives from justice, from other States, and evidently with the view of justifying Govcrncr Dunlap in his previous refusal to de liver up Pliilbrook and Kellcran to the authorities of this Slate. This conduct of the Legislature of Maine and tho previous conduct of Governor Dunlap and l" Governor Kent, prove conclusively that the op i position to the institution of slavery is so great among the people of that State, that their author ities are prevented from obeying the injunctions of the Constitution of the United States, when required to deliver up fugitives from justice charged with the crime of violating the righls of properly in slaves. This Slate must therefore protect by its own authority, the rights of its cit izens in slave property against the disposition of the people of Maine, to violate them. For this purpose you wiil he justified in declaring by law that all citizens of Maine who may come within the jurisdiction of this State, on hoard of any vessel ns owners, officers, or mariners, shall be considered as doing so with intent to commit the crime of seducing negro slaves from their owners, and be dealt with accordingly by the officers of justice. I have not called a Convention of the people of the State to take into consideration the course they ought to pursue in maintaining their rights in consequence of the refusal of Maine to do them justice, as directed by the resolutions of the Legislature, passed at its session of 1837. for the reason that the Legislature failed to provide forthe expenses of such a Convention, and because a Convention for another object had already been called by the Legislature, and its proceeiting* submitted to the people for ratification. Your attention is called to a law which has been passed by the Legislature of the state of * a New-York, to authorise the arrest and detention of fugitives from justice from olherstates, and the Territories of the United States, a copy of which the Legislature of New Y'ork has caused to be transmitted to the Governors of each of the states in order that similar laws may he passed by all the stales. The copy received at this Depart ment accompanies this message. I also lay be fore you copies of very interesting proceedings of the Legislature of the State of South Carolina i and the State of New Jersey, in relation to the | controversy between this Stale and the State of Maine. The amendments to the Constitution, which were proposed to the people for ratification, by the late Convention, have been rejected by the most decided expression of public opinion. This : is the second time that the people have refused | to sanction the proceedings of Conventions, held to reform the Constitution ; and in both instan ces have probably been induced to the course pur, I sued, by the belief that the amendments ufTcreA S,, i for their approval, were intended for sectional or | temporary party purposes. Thatthc proceedings jH | of these Conventions, should have been liable to ! such decisive objections, is very much to be re j gretted, since the amendments to the (Jonstilu- I lion, which they were called to make, arc indis | pensablo to the good government of the State.— The present number of ihe members of the Leg islature, must be reduced, and the representation of the people equalized, to secure to the country a wise, economical, and just system of public | policy. From whatever causes the failures to I amend the Constitution may have proceeded, it I continues to be an object of the highest impor tance to ihe people of the State, that it should be amended. According to the Constitution, the power of amending its defects belongs exclusively to the Legislature; and to that body I would therefore respectfully refer the consideration of the subject. The necessity for establishing a supreme ap pellate jurisdiction, in order to give security to private rights, by correcting the. errors, rendering uniform and certain, and making public the de cisions of our Superior Courts, has been fre quently brought to the attention of the Legisla ture, in previous communications. The contin ued, indeed, increasing importance of such a tri bunal, arising out of the increasing wealti and population of the State, and the enlarged value and diversity of the interests, which must of con sequence be adjudicated by our Courts, make my justification for again recommending to the Leg 'll islature, the organization of a Supreme Court for correction of errors. "Long continued ill health must he my apology for the imperfect manner in which these views are presented to the Legislature. I have been prevented by the same cause from giving an ex position of the present state of the public finan ces, and attempting to show how the millions of money which have been received for public lands, and from other sources of revenue, have been continually wasted, either by mistaken appropri ation or improvident management, until die trea sury is not only so exhausted that it is without the funds for carrying on the first great work which has hern undertaken by the State, hut a public debt has been contracted of more thnrk> a million of dollars. I must content myself wrtk reminding the Legislature, that whilst for several years its appropriations have been greater than the treasury could pay, the general annual faxes, which belong properly to the treasury, have been given away to the counties, and of what is, per haps, still more important to be remembered, that the credit of the State lias been sacrificed, and its character disgraced, by the protest, in snother State, of a debt of throe hundred thousand dol lars. contracted by the Central Hank under the authority of the Legislature, and which the Le gislature has prevented the bank from paying when due, by requiring that its means should he applied to other purposes. The present state of the finances, and the system of public revenue and expenditure hereafter to be adopted, arc sub jects of the highest importance, and demand, as I irust they will receive, the prompt and earnest attention of the Legislature. About to retire from the Executive department, I must avail myself of the present opportunity of expressing to you, and through you to the peo pie. my deep sense of gratitude for the kindness and confidence whicli I have received from the country, during my now extended public, life, and the strong desire which I must continue to feel, that (lie Government may be so conducted as best to secure the honor of the State, and the pros perity of the people. GEORGE R. GILMER. ‘MIUONICI.K AND SKNTINKL. A II (i V S T A . THURSDAY MORNING, NOV UMBER 7. Health of the City. There arc a still a few cases of fever, and fitter deaths have occurred, during the week ending yesterday, at noon; viz: Hezeldah Bailey, Mas ter Charles Ogden, Jacob D.mibrth, and Mrs Gay. Considering that our population has very much increased, this is a decided improvement, from the previous week. Our people are return ing to their usual avocations, and business is be ginning to revive, very considerably. Cotton comes in freely, and we do hope our troubles are near their termination. Still, we have no frost, and the river is ns low as ever. We have looked for a change of weather, till “ hope deferred” has almost made the “heart sick.” But we be gin to think this change is now at hand. While we write, wo feel a cool nir, hear a fresh wind, and see the clouds gathering. If they do not dis appoint us, our next paper will announce that the pestilence has left us. In the Minutes of the proceedings of the Mer- I chants’and Planters’ Convention, in Macon, Wil liam Longstroet and J. S. Coombs, arc represent ed as having appeared ..nd taken their scats in that bo ly, as del t'ales from Augusta. We are author ized and requested to state that this is a mistake. These gentlemen happening to be at Macon on business, attended the meeting frem mere curiosi ty, and were requested by the Convention to / mingle in their deliberations as representatives of Richmond; which county, for reasons given by the Mayor of Augusta, was unrepresented. They yielded to the request of the Convention, and thus became members of that body. The City Corporation of Baltimore have au thorized the issuing of City Change Tickets to I the amount of $400,000. A“poixtme\t bt the President.—R. B. Gilchrist, of South Carolina, to be Judge of the | United States, for the District of South Carolina, in the place of Thomas Lee, deceased. Specie. —About $70,000 in specie arrived in St. Louis on the 18th, from the Springfield (Mo.) land office in wagons.