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Western dr Atlantic Rail Road.
For a statement of the present c mdition of the
Western fc Atlantic Railroad, its operations and
incomes for the fiscal year ending 30 th September
last, I beg leave to refer you to the report of Dr.
John W. Lewis, its able and efficient Superintend
ent, who has himself to be a most vigilant,
active, and vuluable public servant. In passing
this well merited compliment upon the faithful
Superintendent, I would do injustice to hisjasso
ciatc officers, and the other agents and employees
of the Road, wore I to fail to express my entire
confidence in their integrity and business qualifi
cations, and to commend the zeal ami energy wi i
which they have exerted themselves for the success
of the Koad and the advancement of the best in
terest* of the State. For their efficiency, fidelity
and integrity, they have my sincere thanks, and
are, in my opinion, entitled to the thanks of the
whole people of Georgia.
Owing to the commercial pressure, and the con
sequent stagnation of trade and business, the gross
incomes of the* Koad during the present year, from
freights and travel, have been less than they were
for the previous year, which was one ot unusual
prosperity. The low price of corn, wheat, and
other kinds of grain during the present year, has,
ill a great degree, prevented their shipment. Not
only were the prices of wheat much lower than
they were the year previous, but the quantity made
in all that section of country which supplies the
Koad with freight, was much less.
Merchants limited their purchases ‘of goods to
the limited demand for them iu the country: hence,
the diminution of incomes to the Koad on account
of freights on merchandize.
That portion of the Koad track between Tunnel
Hill and Chattanooga, (seven miles excepted) was
in a very had condition when Dr. Lewis took charge
of the Koad, and it has required u great deal of
costly repairs. A considerable portion of the track
between those points has been taken up and thor
oughly repaired, and small stones pounded into
the earth under the new cross ties at several places
where in wet weather the earth is So soft that the
Road-bed could not otherwise Ik: made firm. This
kind of repairs is quite expensive, but is believed
to be cheapest in the end, as the track in these soft
places will remain firm when once bedded in stone.
The entire track is believed to bo in better condi
tion than it has been for several yeare V: (a force of
about three hundred hands having been employed
in its repair most of the summer,) and all the roll
ing stock is in good order. Repairs have also been
made at Alatoona, Petit’s Creek and the Tunnel.
Since your last meeting one thousand tons ot
new T iron have been purchased, which has all
beeu paid for since the Ist day of January last.—
This will lay about eleven miles of the track with
new, heavy bar. Part of this iron has already
been laid down upon the track, and the remainder,
now being received, will soon be laid down. Oth
er new ironyviil be purchased as fast as it is needed.
It is a matter of great importance that the Road
be kept in good order. For this purpose it is
proper that several miles of the track at different
places should be laid with new iron every year;
otherwise the iron on a large portion of the track
might wear out at the same time, requiring a very
heavy outlay to replace it. I hold that no ad
ministration, for the purpose of paying money in
to the Treasury or otherwise, has a right to let the
Koad run down. He who does it deserves to be
condemned: and I am willing that my adminis
tration, so far as the management of the Koad is
concerned, shall be judged by this standard.
According to the report of the Senate Commit
tee, the present Superintendent, when he took
charge of the Road, Ist January last, was charge
able with assets amounting to about $.‘>7,324 13,
due from connecting Roads and solvent agents,
with a balance in the Treasury of $13,907 43.
And he paid, according to the report, from Ist Jan
uary to Ist July the sum of $137,773 23 to credit
ors of the Road, on account of indebtedness con
tracted prior to Ist January, 183 H, and had in the
treasury of the Koad Ist July a balance of $35,010
96. It will be seen therefore, that the amount in
the treasury was much smaller Ist January than
it was Ist July; anil that the amount of debts
contracted by former administrations of the Road,
and paid by die present Superintendent, from Ist
January to Ist July, LKSB, was $100,449 08 larger
than the amount of solvent assets turned over to
him. The present Superintendent would seem,
therefore, to be entitled to this sum, paid out of his
net earnings as a cash credit. In this sum is in
cluded the price of 400 tons of the new iron above
mentioned, which was ordered by the former ►Su
perintendent prior to Ist January last, and has
Keen paid for and laid down by the present Super
intendent since that time; who has also, through
the Treasurer of the Road, paid into the State
Treasury, commencing with the month of March
last, $200,000. Os this sum $173,000 had been
paid in at the date of his report of 30th September,
and $25,000 since that time for the month of Octo
ber. The current expenses of the Road have been
paid. No new debts are permitted to accumulate
which are not promptly paid, if the creditor can
be found, at the end of each month.
The new passenger depot at Chattanooga is in
process of construction under the superintendence
of the Chief Engineer of the Road, with workmen
hired by the general Superintendent. The build
ing is 101 feet wide and 303 feet long, and is a
very solid and *well built structure. It is built
of stone to the spring of the arches, which are
turned with brick. It is expected to be comple
ted and ready for use in a few All ex
penses of this structure have been paid monthly.
It is intended that the depot he used by all the
Roads connecting at that place. As some ol
these Roads were not in a condition to incur the
expense at the time the work was commenced of
contributing to its erection, it was thought best,
as there was great need of the depot, for our Road
to go on and build it, and take the obligations of
the connecting Roads for their proportion of the
expense. The Nashville A Chattauooga Road
takes one fourth interest in the depot, and pays
SIO,OOO. The East Tennessee and Georgia Rail
road Company agrees to take another fourth, and
to pay a like sum, at two arid three years from
the time they are ready to use it, with semi-annu
al interest at the rate of seven per cent per an
num ; audit is believed that the Memphis and
Charleston Road will also take a fourth interest.
Dr. Lewis took charge of the Road the Ist day
of January last, and was under the necessity of
applying the net earnings of the months of Janu
ary and February in payment of debts against
the Road which existed prior to that time, and
for necessary repairs on the Road, including pay
ment for iron previously ordered. It will he seen
that the payments made into the State treasury
from the Ist of March last to the present time,
have averaged twenty-five thousand dollars per
month. It is believed in future that all necessa
ry repairs can be made, all current excuses
promptly paid, every department of the Iload
kept in first rate order, and that an average of
$25,000 a month can he paid into the State treas
ury, from year to year.
This may be regarded by some as an over esti
mate of the legitimate net earnings to be realized
in future from the Road. As an evidence, how
ever, of my confidence in its correctness, I have
no hesitation in saying that I would risk my per
sonal fortune on the result. Were 1 satisfied that
it were the desire of the Legislature ami jcople of
Georgia, I would bind myself as au individual to
take the road for a term of ten years commencing
Ist January next; and I would give bond iu any
reasonable sum which might be required, with
ample security, to return it in as good order as it
was Ist January last. I would lay down ten
miles of new T iron uu the track every year, the
old iron taken up, or the price of it, being mine.
I would take the benefits aud the burthens of all
contracts made by the authorities of the road
since the Ist of January last, receiving all sums
owing to the road and paying all debts owing by
the road on contracts made since that time. I
would bind myself that the present price of
freights should at no time be increased, if such in
crease would make the freights higher than the
average price charged for freights by the other
rotfds in Georgia; aud 1 would pay iuto the trea
sury of the State £25,000 per mouth for the use
of the road, its equipments and appurtenances, to
be paid monthly iu cash or iu bonds of the State,
or in the bonds which now constitute the funded
debt of the Road; for the payment of which, the
faith of the State has been pledged for years. And
every time a payment should be delayed twenty
five days after it was due, I would forfeit and pay
to the State SIO,OOO for the delay. This would
be $300,000 per annum principal besides interest.
And a term of ten years at these rates, counting
ssmple interest at seven per cent per annum on
each monthly payment from the time it was paid
into the Treasury till the end of the lease, would
yield the sum of $4,041,250, for the use of the
road for that time.
-Regarding the question as settled, therefore,
that the road with proper management will pay
into the Treasury $25,000 per month, or three
hundred thousand dollars annually clear of all
expenses and repairs, the inquiry naturally ari
ses, what disposition shall be made of the money?
Payment of the Public Debt. Common School. I
The public debt of the State amounts at pres
ent to $2,030,500, payable at different times du
ring the next twenty years. A large portion of
this debt ha.'* been contracted from time to time
on account of the State Road. This debt it will
be remembered, is subject by legislation, already
had, to be increased $900,000, on account of the
State’s subscription for stock in the Atlantic and
Gulf Railroad Cos. This would make the whole
debt $3,530,500, should no part.of it be redeemed
before the bonds of the State for the above men
tioned $900,000, shall have been issufd. By the
terms of the contract with the bond holders,
$289,500 of this debt is now subject to be paid at
the option of the State, though payment cannot
be demanded till JSO3 and JB6B. The Central
Bank bonds are also falling due in considerable
sums annually. Good faith ‘requires that the
debts of the State be promptly met when due.
And souud policy dictates that such bonds as are
due or not, at the option of the State, be taken up
as fast as she has the means.
The net earnings of the Western and Atlantic
Railroad are already pledged for the payment of
a large portion of this debt. I therefore recom
mend the passage act setting apart $200,-
000 per annum of the net earnings of the road, to
be applied in payment and purchase of the pub
lic debt. And, in view of the great and acknowl
edged necessity* existing for the education of the
ehildreu of the State, aud of the immense advan
tages which would result from tba establishment
of a practical Common School system, I further
recommend that a sum ns large as the entire
amount of the public debt, be set apart as a perma
nent Common School Fund for Georgia, to he in
creased aslant na the public debt is diminished: and
that the faith of the State be solemnly pledged that
no part of this sum shall over be applied to. or ap
propriated for, any other purpose than that of
education, bet the act make it the duty ot the
Governor each year as soon as he shall have ta
ken up the $200,000 of the State’s bonds, to issue
$200,000 of new bonds, payable at some distant
period to be fixed by the Legislature, to the Sec
retary of State as trustee of the Common School
Fund of the State, with semi-annual interest at
six per cent per annum. The bonds to be depos
ited in the office of the Secretary of State. As
the public debt is annually diminished the School
Fund will be annually increased, until the whole
debt is paid to tire creditors of the State, and the
amount paid converted into a School Fund. And
as the fund is increased from year to year, the
amount of interest to be used for school purposes
will be likewise increased.
Should this plan be iu a few years the
school fund of Georgia, including the present fund
for that purpose, would be in round numbers $4.-
000,000. The amount of interest accruing from
this fund, to Imj expended in erecting school hou
ses and paying teachers, would be $240,000 per
annum. I am aware of the difficulties which
have been encountered by those who have at
tempted heretofore to devise a practical and equal
school system for the State, owing iu a great de
gree, it is believed, to the fact that portions of our
State are very deusely, while others are quite
sparsely populated. Rut the fact of our inability
to accomplish ail we may desire is no sufficient
reason why we should neglect to do that which is
in our power. Probably the principal cause of
our failure in the past is attributable to a lack ol*
funds aud of competent teachers.
With the gradual increase of the fund proposed,
it is not doubted that the wisdom of our State
would, from time to time, improve our present de
tective system till it would be so perfected as to af
ford the advantages of an education to all or near
ly all the children of the State. Let the teachers
be paid by the State, aud let every free white child
iu the State have an equal right to attend and re
ceive instruction iu the public schools. Let it be
a Common School, not a Poor School System.—
Let the children of the richest and the poorest pa
rents in the State, meet in the school-room on
terms of perfect equality of right. Let there lie
no aristocracy there but an aristocracy of color
and of conduct. In other words, let every free
white chiidin Georgia, whose conduct is good,
stand upon an equality of right with any and eve
ry other one iu jhe school-room. Iu this way the
advantages of education might be gradually dif
fused among the people; ami many of the noblest
intellects iu Georgia, now bedimmed by poverty
and not developed for want of education, might be
made to shine forth in all their splendor, blessing
both church and State by their noble deeds.
Should $4,000,000 be insufficient to raise annu
ally the sum required, the fund might be increased
from the incojnes of the Road, to any amount ne
cessary to accomplish the object. The interest
on this fuud should be semi-annually distributed
equally, rmong the counties, in proportion to the
whole number of free white children iu each, be
tween six aud sixteen, or of such other age as the
Legislature may designate. Authority should also
b cleft with each county to tax itself, at its own
pleasure, to increase its school fund, as at present.
And it should be left to the Inferior Court or
school commissioners of each county, to la v off
the county into such school districts, as will be
most convenient to its population, having due re
gard to their number and condition.
Education of Teacher*.
Assuming that provision will he thus made to
raise all the funds necessary to build school hou
ses and pay the teachers to educate all the free
white children of the State, the next question
which presents itself, and perhaps the most im
portant one of all, is, How shall the State supply
herself with competent teachers? raised in her
midst and devoted to her interests and her insti
tutions?—southern men, with southern hearts,
and southern sentiments?
For the purpose of educating Georgia teachers
in Georgia colleges, I propose that the State issue
her bonds payable at such distant times as the le
gislature may designate, bearing interest at seven
per cent payable semi-annually. The interest to
he paid out of the net earning of the State Road;
and the bonds to be redeemed out of its proceeds,
should it ever be sold. That she deliver $200,000
of these bonds to the State University, at Athens,
as an additional endowment: $50,000 to the Geor
gia Military Institute, at Marietta, and $50,000 to
each of the three denominational Colleges in the
State, iu consideration that each of said five Col
leges, will bind itself to educate annually, one
young man as a State Student, for every S2OO of
annual interest which the endowment given by
the State pays to the College; furnishinghim with
board, lodging, lights, washing, tuition, and all
necessary expenses except clothing, which might
be furnished by the student himself or his parents.
The interest on this $400,000 of bonds would be
$28,000 per annum. This sum would maintain
aud instruct as above suggested one hundred and
forty young men annually, being one from each
eouhty in the State, and two from each of the
fourteen counties having the largest population,
unless other new counties arc formed. I propose
that these young men he selected from all the
counties in the State, from that class only of
young men whose parents are unable to educate
them, and that only such be selected as are of good
moral character, industrious and attentive, who
desire an education, and who give promise of fu
ture usefulness. That the selection be made in
each county by a competent committee appointed
by the Inferior Court, after au examination at
some public place in the county of all such young
men as desire to become beneficiaries, and who
will attend on a day to be fix ed by the Inferior
Court, after giving due notice. Let the commit
tee be sworn that they will be governed in the se
lection by the merits of the applicant, without
prejudice or partiality ; and that they will select
no one whose parents are known to he able to give
him a collegiate education without doing injustice
to the rest of his family. And I propose that the
place of any such student in college be supplied
by another, whenever the faculty of the college
shall certify to the Inferior Court of his county,
that he is neglecting his studies or failing to make
reasonable progress, or that he has become addict
ed to immoral habits. I propose that the State,
in this manner, give to each of the poor young
men thus selected his collegiate education, on con
dition that he will enter into a pledge of honor, to
make teaching his profession in the county from
which he is sent, for as many years as he shall
have been maintained and educated by the State
in College; the State permitting him to enjoy the
incomes of his labor, but requiring him to labor
as a teacher.
Many of these young gentlemen would no
doubt, adopt teaching as their profession for life.
This would supply the State utter a few years with
competent teachers. And as these young men
while teaching in the various counties in the State
would prepare others to teach without going to
college, pure streams of learning would thus be
caused to flow out from the colleges, and be dif
fused among the masses of the people throughout
the State. Then xve xvouid not so often hear the com
plaint, that the child must unlearn at one school
wli.it it has taken it monthsperhaps to learn at an
other under an incompetent teacher. This plan is
intended to equalize as far as possible, the poor
with the rich, by giving to as many of them as
possible, at the expense of the State, .an opportu
nity to educate their sons in college, a privilege
at present confined almost exclusively to the rich;
as poor meu have not the means to educate their
sons however deserving or promising they maybe.
Under the plan above proposed it is not inten
ded to mako a donation, or absolute gift to the
colleges, of a single dollar of the bonds of the
State. It is intended only to deliver the bonds to
the colleges and to pay to them the interest semi
annually, as a compensation for them to maintain
and educate annually, one hundred aud forty
young men of promise, who could iu no other xvay
enjoy the advantages of a liberal who
in turn are to diffuse intelligence among the great
body of the people, thereby supplying the State
with Georgia teachers well qualified to teach the
youth of Georgia ; and who would be, at the same
time, the natural friends of her institutions. Asa
part of this plan I also propose that a General
Superintendent of schools for the State, be appoin
ted with a salary sufficient to secure the best talent
whose duty it shall be to collect valuable infor
mation upon the subject, and report annually to
the Executive, to be laid before the legislature ;
and to traverse the State in every direction, visit
the schools, address the peopie, and do all in his
power to create a lively interest on the subject of
education.
Carry out this plan and who can estimate its
benefits to the State ? I regard the education of
tie children of the State as the grand object of
primary importance, which should, if necessary,
take precedence of all other questions of State
policy. For I apprehend it will be readily ad
mitted by ev,cry intelligent person,that thestabili
ty and permanence of our republican institutions
hang upon the intelligence and virture of our peo
ple. No monarch rules here! And it is the pride
of our system of government that each citizen at
the ballot box possesses equal rights of sovereign
ty with every other one. Thanks be to our Heav
enly Father, the popular voice cannot here be
hushed in the silence of despotism, but the popu
lar will dictates the laws. May it thus ever remain!
How important it is, therefore, that the masses of
the people be educated, so each may be able to
read aud understand for himself, the Constitution
and history of his country, aud to judge aud decide
for himself, what are the true principles and policy
ofhis government. But how much more impor
tant it is, iu my opinion, that every person in the
State be enabled to read for him or herself the
the Holy Bible, aud to comprehend the great prin
ciples of Christianity, inthe eternal truths of which,
Tam a firm, though humble believer. Educate
the masses and inculcate virtue and morality, and
you lay broad and deep, in the hearts of our peo
ple, the ouly sure foundation of republican liberty
and religious toleration ; the latter of which is the
brightest gem in the onstitution of our Ceountry.
By adopting the proposed line of policy we
have it in our power, without increase of taxation
or burden to our people, to place Georgia, as far
as education is concerned, m the proude*t po*i-
tion of any State in the Union. Let her educate
every son and daughter xvithin her limits, and she
may then justly boast that she is the empire Stale
of not only thetfcouth, but of the whole Union.—
By tfte public debt would be reduced,
and the school fund increased, annually,s2oo,ooo;
and the interest amounting yearly to $28,000 on
the bonds dMivered to the Colleges, xvouid be paid
semi-annually, out of the net earnings ofthe State
Road; ami there xvouid still be left? an-, annual in
come from that source of $72,000, Id Iw applied
to other purposes.
Reduction of Taxes.
The present annual expense ofthe Government,
including the civil establishment, the interest on
the public debt, support of Asylum, Academy for.
the blind. State Cadets in Military Institute, Ac.,
amount to about $446,000, without including any
ofthe extraordinary appropriations. The pres
ent annual incomes to the Treasury from the State
tax, the tax on bank stock, railroads, dividends on
bank stock, and from other miscellaneous sources,
such as copy grants, testimonials. Ac., amount to
about $446,000. exclusive of incomes from the
►Stitle Road. It follows therefore, after allowing
some $22,000 pr. annum of special appropriations,
outside of the actual expenses ofthe Government,
that the taxes might be reduced front the incomes
*of the Koad about $30,000 per annum besides es
tablishing. and providing for the sueeos-d'iil oper
ation, ofthe proposed school system. Should the
Legislature, however, after providing for the re
duction ofthe public debt, the support ofthe school
system, and the education of teachers, make any
considerable appropriations, other than those
which may be absolutely necessary to support the
Government, no material reduction of the taxes
could be made.
In the exeat the Legislature should disapprove
ofthe proposition to apply the net earnings ofthe
Koad to the payment ofthe public debt and to the
education ofthe children of the State, I respect
fully recommend that $150,000 per annum, in
stead of about fifty thousand as above proposed,
be applied in reduction of the taxes of the people;
and that the surplus be used for such purposes of
internal improvement as will tend most to the de
velopment of the resources of the State. I am
aware there are those who object to any reduction
of taxes, believing it necessary in order to attach
the people to the Government, to raise large sums
of money from them by taxation, to be appropria
ted in some way by the Legislature. 1 takea dif
ferent view of this subject, and believe that all un
necessary, wasteful or extravigant appropriations
should be avoided: and that no more taxes should
he raised than the necessities ofthe State require,
under an economical administration of the Gov
ernment.
I cannot believe that the ]ample’s loxe for the
government would be increased by high taxation.
When the people were paying increased taxes to
build the Western A Atlantic Krailroad. they
were told, that if they would submit to this, the
incomes ofthe Koad, xvheu finished, should be ap
plied in part at least in reduction of their taxes.
I think they have a reason to expect, and a right
to demand, that these pledgt s shall be redeemed:
and I respectfully urge upon you as their repre
sentatives the propriety of enacting such laxvs as
will gix*e them the benefits of the incomes of the
Koad as above suggested. This, in my judg
ment, would be infinitely better than to squan
der the funds in large appropriations of doubt
ful propriety. If the Koad be faithfully and
economically managed, the net earnings paid
monthly iuto the Treasury, and applied to educa
ting the youth of the State, the payment of the
public debt and the reduction of tho taxes of the
people, it will then in reality be, what it should
be—a blessing to the whole people of Georgia.
Atlantic d’ Gulf Railroad.
I am informed that the work upon the Atlantic
& Gulf Railroad is progressing xvith reasonable
rapidity under the management of Dr. James P.
►Screven, its able and active President. Early in
the year the ‘necessary evidence was furnished to
me. that the individual stockholders had paid in,
twenty per cent upon $600,000 of the stock, which
entitled the Company, under the provisions of the
statute, to call for t wen tv per cent upon the State’s
present subscription of $500,000. I accordingly,
in connection with Col. Watkins, our industrious
and faithful Secretary of Slate, issued and deliver
ed to the Company at parjs 100,000 of six per cent
State bonds payable in New York, xvith coupons
attached. The bonds bear date Ist February.
1858, and have twenty years to run. The inter
est is payable semi-annually. This Road is in
tended to develop the resources of a large mid in
teresting section ofthe State.
State aid to Railroads.
Other sections of the State are still destitute
of the advantages of Kailroad facilities. lam
decidedly of opinion that it would be good po
licy lor the State to lend her credit, to aid in
the construction of such Rouifo as may be
necessary to develop her vast resources, pro
vided, she be made perfectly secure beyond
doubt against ultimate loss. This could be
done by the endorsement of the bonds of the
company, by the State, after a certain propor
tion of the Road is first completed, for ail
amount sufficient .to enable tin* company to
purchase iron for the road. The bonds thus
endorsed should be made payable twentyyears
after date, with six per cent interest, payable
semi-annually; and let the State take a mort
gage upon tlie entire Road, and all its appur
tenances, declared by law to be prior to all oth
er liens; to be foreclosed, and the road and its
appurtenances sold in sixty or ninety days af
ter the failure of the company to pay any in
stalment of either interest or principal when
due. And in the event the whole Road and
its appurtenances, should fail under such mort
gage sale to bring a sum sufficient to pay the
entire amount for which the State shall have
become liable, on account of the Company, let
the law provide that each solvent stockholder
shall be liable to the State, according to the
number of the shares he may own, for his pro
portion of the deficiency. This, in my judg
ment, would make the State secure; while it
would enable each company engaged in the
construction of a Koad necessary to the devel
opment of the resources of the State, to obtain
the money requisite to its completion, upon
such time and terms as would enable the com
pany, should the Koad prove ns remunerative
as its projectors anticipated, to refund it out of
the future net earnings of the lload. Os course
such a law should be a general one, alike ap
plicable to all Roads in any part of the State,
in the benefits of which, all Roads now in pro
cess ol* construction, or to be hereafter projec
ted, on equal and well defined terms, condi
tions and limitations, might participate. Guard
the State against possibility of loss, and I am
decidedly in favor of State aid, by lending her
credit in the construction of all such Roads as
may be necessary to the prosperiiy of her peo
ple, and the development of her resources.
Tltc Georgia Penitentiary.
The report of Gen. Eli McConnell, Principal
Keeper of the Penitentiary, will inform you of
the present condition of that institution. The
walls badly constructed £t first, have stood for
a long time, and are now nearly ready to tum
ble down. The whole structure is in a dilapi
dated condition, and will require action on the
part of the Legislature at its present or some
early session. It is a question worthy of your
attention whether it should be rebuilt where it
is, or be removed to some more favorable loca
tion; or whether it should be entirely abolish
ed, apd some other mode of punishment sub
stituted iu its stead. Asa place of reforma
tion of the convicts it is believed to have pro
ved a failure. It brings together an assemblage
of the worst men in the State, many of whom
are beyond the hope of reformation. In the
midst of such an assemblage the young offend
er has but little encouragement to reform. Ob
servation has shown us, that a considerable
proportion of those who have served the term
of a sentence, have, after going out, very soon
violated the law, and been sent back for a se
cond, and some even for a third tlffire. Some
of the States, as Alabama and Texas, have
leased out their Penitentiaries: and it is re
ported that this plan has worked well in those
States, and has relieved them front all burdens
in maintaining their prisons. I commend the
whole subject to the careful consideration of
lie Legislature.
The State Asylum.s
For the consideration and management of the
State Lunatic Asylum, the Academy lor the
Blind, and the Asylum for the Deafand Dumb.
I beg leave to refer you to the respective re
ports of those entrusted with their manage
ment. These asylums have already done much
to improve the condition, and mitigate the suf
ferings of the unfortunate persons who are
.heir respective inmates. The State has been
liberal in her appropriations to found and sus
tain them, and 1 trust that her liberality may
prove a permanent blessing to her people.
A recent visit to the Academy for the Blind
in Macon, has satisfied me, that those in charge
of that Institution are laboring faithfully lor
the instruction, and the amelioration of the
condition of that unfortunate class of our fel
low beings, for whose benefit the Academy
has been provided. The new building is be
ing erected, and will, when completed, be a
beautiful structure, well adapted to the pur
pose for which it is intended. lam informed
by the Trustees that they have arranged the
plan of the building, and shaped the contract
with the builders, so as to bring the expense
of the whole within the appropriation, and
that there will be no call for an additional ap
propriation, to save the State from the loss of
the appropriation already made. Their con
duct in this particular deserves commendation.
Georgia Military Institute.
For the condition and prospects of the Geor
gia Military Institute, at Marietta, I also refer
you to the report of the Trustees of that Insti
tution. Early in the year I purchased for the
State the remaining interest of the stockhold
ers, and paid for it as directed by the statute.
The whole is therefore the property of tlie
State. I attended the. examination of the j
classes at the late commencement, and take I
pleasure iu saying that the young gentlemen j
acquitted themselves with much credit, both
to themselves and the faculty, I
Weights and Measures .
A large number ofthe counties of t|ic State,
l especially the new counties, liave never been
supplied with standard weights and measures,
the number originally purchased by the State
proving insufficient. Frequent applications
are made to the Executive by the destitute
counties for a supply, and there are none at
hi* disposal, it will cost a considerable sum
to purchase the requisite number. I rerotii
lnend, therefore, that an appropriation be made
sufficient to supply such of the counties as are
destitute of them, and to defray the expense
of their distribution.
Salaries of tlu: Judges.
Al your last session an act was passed in
creasing the salaries of the Judges of the Su
preme and Superior Courts of tlii> State; but
by some, oversight no appropriation was made
to pay such increase to those who, under the
constitution were entitled to it, the appropria
tions having been made for the amounts only
of those salaries as fixed by previous laws.
One of the Judges of the Supreme Court who
was elected at the last session, and two or
three ol* the Judges ofthe Superior Court,
who were elected in January last, hold com
missions bearing date since the passage ofthe
act, and are, therefore, clearly entitled to the
increased salary. Six ofthe Judges ofthe
Superior Court, most of whom had, each, al
most a full term to serve, resigned their offices
soon after the adjournment of\ our last session,
aud having been re-appbinted bv me. now hold
commissions bearing date since the passage
of the act. They, as well as those elected
since the passive of the act, are, in my opin
ion, clearly entitled to the increased salary;
which has been withheld from them on aeeount
of the appropriation not having been made.
I therefore recommend that an appropriation
be made immediately, sufficient to pay each
Judge whose commission bears date since the
passage of the act, the balance of salary due
him. In view of the sacrifices made by
them, the heavy responsibilities incurred and
the great amount of labor performed, I am of
opinion that no class of officers in Georgia
have been so poorly paid as our Judges. I
therefore regard the act raising their salaries
as wise and just, and regret only, that the con
stitutional prohibition prevented, and still pre
vents, a portion of them from receiving its
benefits. 1 think equality in this case as well
as in others, is equity. There is no good rea
son why a Judge who was elected soon after
the passage of the act should receive $2,500
per annum, tor his full term of four years,
while one whose commission bears date a few
days previous to that time, and who probably
has a more laborious Circuit, should serve the
same term of four years for SI,BOO per annum.
Taking this view ofthe question of justice
and right between then), I felt it my duty to
re appoint any one, who, having most of a
term before him, thought proper to resign and
take lus chance for re-election in January
next. I see nothing in their course deserving
censure, and I do not hesitate to take my part
of the responsibility, so far as the reappoint
ments are concerned.
I have no sympathies in common with those
who, vote away thousands, and tens of thou
sands of dollars, of the people’s money, in
large appropriations, often intended by the
movers more for the advancement of individ
ual interests than lor the public good, and then
attempt to raise a popular clamor should the
Slate do justice to her public officers, by giving
them"a reasonable compensation for their ser
vices. Which is now, in many instances, much
less than their talents would command at oth
er employments. One appropriation of doubt
ful propriety, about which but little may be
said, often draws from the Treasury more mo
ney, than all the increase of salaries of all the
publie officers of the .State. In I s 11, when the
salaries of our Judges were fixed at SI,BOO per
annum, that amount of money would purchase
more property than $2,500 will purchase now.
A negro or a horse might then be purchased
for but little, if any, over half as much as a
similar piece of property will command in the
market now. It follows, therefore, that our
Judges and other public officers, are not as
well paid now as they were then. Our great
State is not too poor, nor too parsimonious, to
do justice to those who render her important
public services; nor is it her policy to drive
iier best talent from public positions to make
room for those who will agree to occupy them
for leSs money.
Subscriptions to Legal I Voris.
At your last session resolutions were passed,
requesting me to subscribe in behalf of the
State for 1,500 copies of Hines’ Forms, at the
price of $2 50 per copy ; and for 500 copies of
Reese’s Manual, at a reasonable price, and to
pay for them out of the contingent fund. I
subscribed lor and received the books, and
paid Mr. Ilines SI,OOO, and Mr. Reese SSOO,
one third of the price agreed upon Tor the 500
copies of his book delivered at tho Capitol.
On account ofthe heavy drafts made upon the
contingent fund, to pay other sums taxed upon
it by resolutions of the General Assembly, be
sides the payment of the salary of the Repor
ter ofthe Decisions ofthe Supreme Court, for
which no appropriation was made, l found it
impossible to pay the whole amount due for
the books, and to meet the ordinary demands
for the payment of which the fund is intended.
The balance of $2,750 due Mr. Hines, and sl,-
000 due Mr. Reese, remains unpaid. I re
spectly recommend that appropriations be
made in, their behalf, for the respective sums
due them.
The Penal Code.
I beg leave to call the attention of the General
Assembly to what 1 consider a delect in our pe
nal code. The Bth section ot the 4th division of
the Code is in these words: “ Voluntary man
slaughter shall be punished by confinement and
■abor in the Penitentiary lor a term not less than
two years nor longer than four years.” There
are doubtless many of voluntary manslaugh*
ter committed by persons of extreme youth, or at
tended by other extenuating circumstances, for the
punishment ol which, two years of imprisonment
is sufficient. It may often happen, however, from
the ingenuity of counsel, the creation of sympa
thy on account of tho long standing of a case, and
from other causes, that persons guilty of deliber
ate murder, are convicted only of voluntary man
slaughter. The Judge who* presides in the case
may be fully satisfied that such is the fact, but
he has no power to imposj a heavier penalty than
that of four years imprisonment. The communi
ty feel that the punishment is inadequate, but there
is no remedy, a* the Court has gone to the extent
of the law. If we would suppress crime and
bloodshed in our State, we must exec ute the crim
inal laws, and discard that sickly .-entimenlality,
which always sympathises with the criminal, hut
has no tear to shed over the unfortunate victim of
his revenge. I recommend that the section of the
penal code above re:erred to, be so amended as
to enlarge the discretion given to the pre-iding
Judge, in cases oI voluntary manslaughter, com
mitted alter the passage of the act, so that ihepun
jshment snail not be less than two, nor longer
than twenty years imprissnment and labor in the
Peniteutiary. I also recommend such alteration
in the law as will compel persons accused of crim
inal offences to come to trial at the earliest pe
riod, when a fair and impartial investigation can
be had. As the law’ now stands, and is constru
ed by our Courts, the worst easevS are often worn
out by continuances, from term t > term, till some
of tiie witnesses die, or removefrom the State, and
others are almost impoverished by long attendance
upon the Court. Alter years of delay should it
happen, as it frequently does, that the witnesses
are out of the xvay, and the community have be
come careless about the case, the accused is then
ready for trial. In this way many of the most
bloodthirsty and abandoned criminals in the State,
are permitted to escape, often with very light, and
sometimes w ith no punishment at all. If the de
fendant and hi? counsel will exercise ordinary dil
igence in the preparation ofthe cas, I am satis
tied, iron years of experience ai the bar, and
upon the bench, that no reason exists why a trial
should be delayed in any case, longer than the
second term after the finding ofthe bill olind ct
ment, unless it be for very special Providential
cause.
The constitution of Georgia provides that all
criminal cases “shall bo in the county where
the crime was committed.” Since the State has
l>een cut tnto small counties it may often happen
in the most atrocous cases of murder, that a public
investigation may be had, before ihe committing
magistrate, or on a fiist trial beforo the Superior
Court, whieh from some cause may not be final,
in which, on account of the excitement in the
community, the evidence may be detailed in the
hearing of nearly a'l the citizens ofthe couniy,
subject to do jury duty, and at a subsequent term
of the court, it may therefore be impossible to get
a jury in the couniy, competent to try the case, and
the criminal on that account may escape convic
tion and punishment. In view of the happening
of such a contingency, 1 would most respectfully
suggest an alteration of the constitution, so as to
authorize the presiding Judge, in >uch cases, when
in his opinion the ends of justice require it, to
change the venue and order that the ca*-e be trans
ferred to, and tried in, any adjoining county which
he may designate ; the county where the crime
was committed to bear the expense of the trial,
should it tall upon the county.
Tax laucs.
I beg leave to invite your attention to the sug
gestions contained in the able report of the Comp
troller G meral, pointing out certain detects in our
preseuttax laws, and proposing important amend
ments ; also to valuable and interesting statistical
information appended to the Report. By exami
nation ot this report it w ill he seen that the present
tax on bank agencies of other States, located in
this State, is less than the tax on bank capital in
this State. This is a discrimination against our
own banks, which is unjust and requires further
legislation. II any discrimination between those
agencies and our own banks is made, it should be
in favor of the latter. It will also he seen that
several of the Railroad Companies in this State,
whose roads are in successful operation, pay no
tax whatever, under the present law. Some w'hich
pay tax, and others which do not, are exempt by
their charters from ever paying a tax of more than
one-hall ol one per cent, upon their net incomes.
I refused my sanction so two bills chartering Rail
Road Companies at your last session, because the
proposed charter* contained this! provision. Ido
not believe the Stale should ever yield her right to
tax. to any extent her necessit e- may require, any
and all properly within her jurisdictional limits.—
Should it ever become necessary, on account o
invasion, or other public calamity, greatly to in
crease the revenue of die State, I can see no good
reason why millions of property belonging to weal
thy corporations within her borders, should, by
imprudent and partial legislation, be exempt from
bearing adjust proportion of* the public burdens,by
being subjected to a nominal tax only. And if
there ever was any reason for granting such ex
emptions in the past, that reason no longer exists,
since* the* building of railroads in our State has
ceased to be an experiment. Therefore, I think
such exemptions from taxation should not be ex
tei ded or encouraged by future legiTation. But
as the public exigencies do not require high taxa
tion al present,"and as several ofthe most wealthy
Railroad companies in the State have in thei - char
ters the provision before mentioned, 1 recommend
that the lax, for the piesent, on all the companies
in the Stale, he made uniform, and that each be
required to pay a tax of one half of one percent,
on its net incomes; to be paid into the treasury
each year without cost to the State.
1 also recommend that a heavy tax be imposed
upon each and every person who as commissioner,
agent, trust* e, or in any other capacity, shall be
engaged in drawing any lottery, or pretended lot
tery, or in selling lottery tickets, within this State.
It is time the moral sense of our people were arous
ed for the suppression of this deceptive, fraudulent
and demoralizing practice ; which encourages
among tho people a sp.rit of hazard and gambling,
depriving them of large sums of money every
yea r , w hich too often brings distress upon help
less women and children ; while it pampers idle
drones in society, who neither labor nor produce
anything, but who grow rich by the credulity and
misfortunes of others.
The Military System.
The attention of the Legislature lias again and
again been called to our defective Military system,
and to the great neglect to perform Military duty
in the State 1 doubt whether any recommenda
tion which I could add would be of any service.
At your last session, the usual appropriation for
Military purposes was withheld ; and after this
decision by the Legislature, 1 did not feel it rny du*
ty to order a rigid enforeem “til of the military,
laws. The time may e me, however, when we
xvill have cause to dep ore our present inactivity
aud lack of discipline c*nd military spirit.
‘The Boundary Line mjticeen Georgia and Florida,
The Resolutions massed at your last session in
reference to tho boundary question, between the
State ot Georgia and the Slate of Florida, were
communicated by me to the Governor of that
Slate, soon after your adjournment. I received
from his Excellency, as nranees of his desire for
an early and amicaolo adjustment ofthe difficulty,
with a promise to lay the resolutions before the
Legislature of that Mate at its next session.
Index to the Records of Rial*.
The index to the records of plats of lands gran
ted under ihelaw ol head rights, had
up in the Suivvyor General's office, from 1737 to
1829, in a very large volume; which is now in a
very mutilated condition. There is no Index of
plats issued ti nee 1829. This is not the fault >f
the present laborious and faithful offiicr.r, who has
charge of that department, as his predecessors for
nearly 30 years had failed to keep up the Index.—
Believing it a matter ol importance that the large
number of books, containing these very important
records, be indexed to the present time, I employ*
ed Maj. H.J.G. Williams, an excellent clerk,
of great exactness in comparing lire records, and
of laborious research, to copy the mutilated Index
Book;supplying it wherever lost from the origin
al records; and to extend it from 1829 to the pres
ent time. When completed the whole will make
two common size volumes. I presume there can
be no difference ol opinion as to the propriety of
preserving ihe public records in good condition
I recommend the passage ol an act, authorizing
the Govenor t< draw his warrant upon the Treas
ury, for a sum ufficieut to pay for the work when
completed; and that three suitable persons be ap
pointed to examine the work, and report its val
uc to the Executive.
The Agricultural Interests,
While the State has made large appropriations,
from time to time for clearing out rivers, con
structing railroads, and for the encouragement of
commerce, and other pursuits, it is much to be re
gretted that so little has been done to encourage
her gieat agricultural interests—upon which al
most every other class is dependent for assistance
and support No other occupation is more use
ful than agriculture No class is more honora
ble than our farmers, who as a class, are honest
and patriotic. They bear without a murmur their
full share ol the burdens of the Government.—
Why then should they be longer denied their share
in its benefits? I shall cordially co-oporato with
the General Assembly in any and all legislation,
which will promote this great and vital interest.
In this connection we should not forget the ne
cessity which exists for the developement of our
great mineral resources. I trust the Legislature
will authorize the appointment of a suitable Geol
ogist and Chemist, to make a geological survey of
the State, and acl errtical analysis of the soil, in
| different sections, so as to develop the mineral
wealth ol the State, and to determine the produe-
I tions to which each kind of soil it best suited.
Many of the most inteligent and useful citizens of
our State, devoted to her great agricul ural and
meebanical pursuits are taking much interest in
our agricultural fairs. The object loiflbese exhi
bitions, is to bring together as much as possible of
of tho intelligence ol our State in council, for the
purpose ot devising the best means for the ad
vancement of agriculture, mechanics, &.e. By
awarding premiums, a generous rivalry is encour
aged, which often causes valuable improvements,
and leads to very useful discoveries ‘I he Ladies
contribute much to the interest of these occasions,
by their presence, and the exhibition of magnifi
cent specimens of their handwork. The line arts
are encouraged here. At these exhibitions plan
ters aud mechanics from different sections ol the
State, are brought together, and valuable improve
merits made iu one section become known to all.
The fair grounds at Atlanta, where the meet
ings for the whole State are held, are in had con
dition. I am informed that several of the States
have made liberal appropriations to encourage
these exhibitions. I think it good policy I there
fore recommend an appropriation sufficient, to
put the State fairgrounds in good order, and to
erect the necessury bvildings; and that a small
annual appropriation be made u> keep up the. ex
hibitions, in case the incomes of the society should
be iusuffiieient. 1 think the farmers and mechan
ics have a right to demand at least these small
sums.
Report of Scnutc Committee on W.& A. R. R.
Tm committee appoinaed by the Senate at your
last Session, to investigate the affairs ofthe Wes
tern Atlantic Railroad, have made their report
to me, as directed by the resolution ofthe Senate,
with request that 1 have it published in pamphlet
form. Incompliance with iheir request I have
had 5,000 copies primed for distribution. Any
number of printed copies which may be desired by
the General Assembly, or by the members for dis
tribution among their constituents, will be furnish
ed on application at the Executive office.
I cordially concur with the committee, in their
recommendation, to place the defaulting agents
upon the road on the same fooling with tax col lec
tors, so far ato auahorize the Comp’r General to
issue executions against each and every defaulter,
and Ins securities, who does not, within rea
sonable time alter demand, pay into ihe Treas
ury ofthe Road the sum due by him, —with au
thority to collect 20 per cent on the principal,
from the time ofthe demand and refusal till paid.
Legislation making the books of the Road legal
on the trial of cases in Court against defaulting
agents has long been needed.
The Committee were in se-sion 50 days. Their
task was a very laborious and responsible one.—
They have received no compensation lor their ser
vices. I advanced from the contingent fund an
amount only sufficient to pay their actual expen
ses. It is proper that an appropriation be made
sufficient to compensate them liberally for the
services rendered.
The Financial Condition of the State
For a statement of the condition of the Treasu
ry, I refer you to the report of Col.Jobn B- Trippe
the vigilant and trustworthy officer who presides
over that department. As Georgians we have
much reason to be proud ofthe financial condi
tion of our State, and of her high character abroad
Probably the bonds of no other State iu the Union
are more current, or command a higher price iu
the market. Her people entertain a sense ofhon
or that will never permit a stain to rest upon her
proud escutcheon; and they will see to it that her
high character is maintained In consideration of
her ability to pay, it may justly he said, that her
public debt is little more than nominal. Without
reference to any other of her great resources, the
Western <& Atlantic Railroad will in my opinion,
command from eight to ten millions ol dollars in
the market by the time the last installment of
the public debt is due. The whole debt does not
amount to half that sum, and may in a lew years,
be extinguished from the incomes of the Road
alone.
The State with from one to two millions of in*
habitants, a large territory, a salubrious climate,
immense mineral wealth, vast agricultural resour
ces, and extensive system of internal improve
ments, may then be out of debt, and in possession
of ten millions of dollars worth of State property.
And by the exercise of a little prudence and fore
cast in her legislation, she may also have a com
mon school lund as large, and a standard ot edu
catirn as high as any stale in the Union.
This is no fancy sketch. It is a conclusino
drawn from facts. But i must turn from these
proud anticipations of the future greatness of our
State, with the expression of the ardent hope, that
they may be much more than realized.
In closing this communication, I desire to join
with the General Assembly in returning sincere
thanks to Almigity God, for the abundant mer
cies, and rich blessings, which have been poured
out upon our beloved State since we separated.
There has been no lack of provisions in the
land. The laborer of every class, has been able
to supply his necessities by the fruits ofhis laboi.
The barns of the husbandmen teem with plenty
for both man and beast; and with the exception of
the visitation of yellow lever, upon the kind and
hospital inhabitants of our beautiful seaport city,
Savannah, which I am happy to say has been less
destructive than at former periods,though it has
deprived her of some very valuable lives, (to the
beteaved I tender my sincere condolence,) yet it
may be said as truly as in any former year, that the
devourer has been rebuked, and the pestilence
which walketh in darkuess has been stayed; while
the Holy Spirit has been poured out, in many
part* of our Stale, in more copious *hower* than
in. former years, causing the Christian's heart to
leap with joy, and sing for gladness.
I earnestly invoke a continuation of these rich
ble sings upon the people of our beloved State
and trust they may never be unmindful of their;
constant dependence upon Him at whose bidding
States and Empires are created and destroyed
JOSEPH E BROWN.
MILLEPGEVILLE correspondence.
Milledc, f.ville, Nov. 2, fBSB.
Mu. Editor—The Legislature convenes to
morrow. The members have nearly all arrived,
and the little city of Millcdgeville is alive with
bustle ami commotion. The two, branches or
ganize to-morrow, probably by the re-election of*
the same officers. The Message of the Governor
will be submitted after the organization. It is a
long and well written document, and its exhibit
ofthe condition and prosperity ofthe State, xvill
meet xvith the approval of the people.
The Sena tux Aeudcmicus will convene .in the
Senate Chamber, on Thursday the 4tH instant.
IV Trustees of Franklin College assemble to
morrow for consultation and business.
Among Jhe visitors present, I notice tho Hon.
William Dougherty, Benjamin H. Hill, Judge T.
W. Thomas, Judge A. K. Cochran, Hon. Asbury
Hull, Judge Henry 11. Lumpkin, Mr. Sneed, edi
tor Savannah Republican. Maj. J. H. Steele, edi
tor Griffin Empire State. Mr. Burke, editor Griffim
Independent South.
Hon. John E. Ward, the appointee by the Pres
ident to the China Mission, xvill not resign his
seat as Senator from the county of Chatham. He
xvill leave in January and xvill have Pekin for his
head quarters.
From an enquiry of the members representing
the various counties through South-Western Go.,
1 am induced to believe that the farmers will make
from eight to ten bags of cotton to the hand.
In Cherokee the corn is poor, and the xvheat
crop is only an average one.
More anon. C.
n>Ll Mill s, FRIDAY. NOVEMBER 5. S8&&
Mobile A Girard Kailroad.
In an article from ihe Mobile Register, publish
ed in another column, our readers xvill find an
encouraging reference made to the above enter
prise. The citizens of Mobile arc exhorted to
shake off their long indulged.apathy in relation to
this xvork, and embark in good earnest in its con
struction. It is becoming painfully apparent that
by this means alone they eaji save themselves from
the ruinous competition which Pensacola, by rea
son of tile railroad projects, now in contemplation
and in course of construction.xvill soon be enabled
to make for the produce of Northern, Middle, and
Southern Alabama. Montgomery has pushed her
Pensacola road to a point of progress xvlierc its
ultimate completion is no longer a matter of
speculation; and now, ►Selina, impatient of her
dependence upon the “capricious clouds for the
egress and ingress of her produce and supplies
has resolved to connect herself xvith the latter road
and secure an overland transit to the Gulf. In
this posture of affairs, Moblile can see no other
alternative, to building her end of the Mobile and
Girard Road, but a confinement of her trade to
eastern Mississippi and a small slipe of Western
Alabama.
The indulgence of an inert policy a few years
longer xvill realize, what she has long considered
the interpretation of a distempered dream—a
neighboring city, on the same coast, possessing
superior advantages of location, having the ele
ments of an amazing expansion, rising into a posi
tion of dangerous rivalry with her, and if not de
stined to overshadow her, at least, capable of
sapping the foundations of her prosperity. Except
as a matter of pride in the completion of the
Mobile A Girard road, xve presume that Columbus
has ceased to foci any concern in the matter.-*-
That road xvill certainly be built to the intersec
tion of its line of location xvith the Montgomery
and Pensacola road, and for all material and
practical purposes a connexion with Pensacola,
equally xvith Mobile, xvill subserx'e the interests of
our city.
The Eastern Hunk of Alabama.
This Institution is now about commencing ope
rations at Eufaula. The Bank of Columbus,
which has held, for some time past, a special de
posit from it, of about one hundred and twenty
thousand dollars in gold and silver coin ($120,000)
delivered that amount yesterday to X. M. Hyatt.
Esq., who was appointed by the bank to receive it
and take it to Eufaula. We congratulate our
sister city upon the auspicious movement thus
inaugurated. The advantages to the commercial,
mercantile and industrial interests of her popula
tion, which will flow in natural sequence from the
establishment in herinidst of a Home Banking In
stitution upon a reliable basis, cannot xvell be es
timated. Our oxvn city is enjoying the rich fruit
of such an enterprise in the beneficent operation
of the Bank of Columbus. If our friends in Ala
bama xvill accept a model for legitimate and prof
itable management in their new undertaking, we
commend to them that institution for their gui
dance.
MILLEDGEVILLE CORRESPONDENCE.
Miklkdgeville, Nov. 2d, 1858.
Mil. Editor:—Both branches of the General
Assemby convened to-day. Mr. Ward—the Pres
ident of the Senate—in taking the chair stated
that it was the first annual session under the
Constitution as amended—there was a difficulty
in the minds of many as to present officers hold
ing their positions without being re-elected —that
to relieve the Senate from any embarrassment, he
would vacate the chair and leave the question,
xvhieh was a novel one, to the discretion of Sen
ators—Mr. Reynolds of Newton, took the chair
and after a discussion of the propriety and neces
sity of anew organization, in which Messrs. Cone
of Bullock, Whitaker of Fulton. Slaughter of
Dougherty and others participated, Mr. Ward ten
dered his resignation with a view of relieving all
doubt and was re-elected. The subordinate of
ficers were then re-elected. The sense of the Sen
ate was that there was no necessity for a re-organ
ization. This was shown by the failure to act
upon a resolution declaring that in future the of
ficers should be elected at every session. Prior to
the balloting, the members from the new counties
were sworn in by Judge Joseph H. Lumpkin ofthe
Supreme Court.
A Committee consisting of Gen. Cone of Bul
lock, Reynolds of Newton, Paine of Telfair, on
the part ofthe Senate and Milledge of Richmond,
Irwin of Wilkes, and Colquitt of Baker, on the
part ofthe House, waited on the Governor to in
form him of the organization of the two branches
and that they were ready to receive any commu
nication from him. Whereupon the Annual Mes
sage was presented to the two bodies by Mr. Mc-
Combs—the Governor’s Secretary—and read.—
The death of Gen. Coffee of Rabun was announced
in the Senate and touching eulogies delivered on
his character by Messrs. Harrard of Lumpkin,
Thomas of Gwinnett and Billups of Morgan. The
♦Senate then passed a resolution to wear the usual
badge of mourning during the Session. The Sen
ate then adjourned to meet at 10 o’clock to-mor
row. The House adjourned after the reading of
the Message. I notice the arrival here, in addition
to those 1 last mentioned, of Gov. H. V. Johnson,
Hon. A. R. Wright, Col. Porter Ingram and Dr.
Alonzo Church.
From Washington.
Washington, Nov. 2. —The War Department
has given a’guaranty of military protection to
Mr. Butterfield’s overland route to the Pacific.
The forces now engaged in the Indian warfare
in Texas are to be augmented by a regiment ‘from
Leavenworth, and armed with the Minnie and
Sharpe Rifles.
New Orleans, Nov. 4. —There were seventeen
deaths by yellow fever in this city, on Wednesday.
Savannah, Nov. 4.—There were six interments
here to-day, four of wbloh were oauted by yellow
ftver.
< OM MBl S SATFRDAY, NOVEMBER 6, ls.vs
Foreign Bank Agendo.
The Editor of the Culmiibns Tiiftes. in his issue
of the 27th instant, has fallen into a common error.
He regards the money, that is, the bank notes
brought into the Stajp by the agents ofthe Smith
Carolina Banks, as so much capital added to that
in the State. Now. they do not add one dollar of
capital—if they did t£ey would abstract it from
the vaults of tire l Carolina banks. Wlmt they
bring is simply credit, and a credit not halt so
good as that of our own hanks—all of .xvhieh ap
peared from the comparative statement published
last October at the time of suspension.
When a Carolina Agent buys cotton of a Geor
gia farmer, he pays in promises to pay, i. e. the
notes or the credit of a Carolina bank. That is
just xvhat he trades on, but he receives in return,
cotton, which is as much cash as golden ingots,
since the bank drawing against the cotton when
shipped, receives for.the same gold or silver, and
a premium oh its sterling exchange into the bar
gain. When, hoxvever, citizens of Georgia unite
and pay in various values, constituting the capi
tal stock of a bank, that is capital, and it is capi
tal at home, and the issues of bank notes based
upon it can be redeemed for gold and silver with
out going or sending into a neighboring .State, —
The history and exhibit ol* the Newberry, the
People’s, South Western Railroad, :ad other
banks of South Carolina, show conclusively, that
in the laic crisis, the people of Georgia were
much nearer suffering heavy losses by trusting
outside banks, than theyex er imagined.—Corres
pondent Georgia Telegraph,
The writer of the above paragraphs takes ex
ception to our terminology, and, so far as wc can
perceive, to that only. In commenting upon the
recommendation to our Legislature, by the Comp
troller General, Mr. Thwcatt, to amend the tax
laws of the State in relation to Foreign Bank
Agencies, we employed the term, used by that
functionary, of “ foreign Bank Capital.” This
expression has been made the subject of a criti
cism in which xve are informed that Bank notes
are not capital, and that money (specie) is. Strict
ly and technically speaking xve were wrong, and
so is our critic. In a politico-economical sense,
money, whether metalic or paper, is not capital.
It is merely an instrument for facilitating ex
changes—of obviating the difficulty of effecting
exchange in kind, or commodity for commodity.
The phrase, however, is accepted in mercantile
parlance, and in that way xve adopted it. But,
perhaps, xve are doing injustice to the Telegraph's
correspondent to suppose that lie would have writ
ten a half column merely to convict us of error in
phraseology. In our previous article, to which he
made reference, xve expressed our disapproval ol
the policy of Legislative discrimination against
foreign banks, and thought that equal taxation,
or free trade was the correct principle. Express
ions in the article from xvhieh xve have made the
abox'C extract, hint to us that this opinion is not
entertained by the writer. Being unable to im
agine any solid objection that can be urged against
the principle xve have espoused, xve shall withhold
ottr defence until an attack is made. We xvill not
allow the thought, that there can be found a man
xvho would support the policy of discrimination,
unless upon a more intelligent and reasonable ha- i
sis, than the relation of the subject to an imagina
ry line.
The xvriter, abox'e says : “ When a Carolina
agent buys cotton of a Georgia farmer, he pays in
promises to pay, i. e. the notes or the credit of a
Carolina hank.” That is all very plain, and it is
exactly what the Georgia agent does, except that
he pays the farmer with ‘* the notes or the credit’’
of a Georgia bank. Now why does the farmer
take the notes in either case? Obviously and
simply because he prefers the notes to the cotton :
and if the cxchagc serves his convenience, surely
we outsiders should not quarrel about it. If he
wants the specie for the notes of either, he is. gen
erally, obliged to go to the batik whence they were
issuedor pay a small premium for it. To a Geor
gian. the mother bank in this State may be ad
mitted to be a little nearer to him than that in Car
olina, but this difference is too trifling to be seri
ously thought of. The xvriter also makes a com
parison of the Carolina aud Georgia banks, not
very flattering to the former, and tells us that, iu
the late crisis, xve were much nearer suffering heavy
losses from trusting Carolina currency than we
ever imagined. We should feel obliged to him for
not revealing to us the danger till it has past,
since it would have produced a great deal of un
necessary alarm, lie may be right, i however, in
the assertion, but xvhat guaranty have xve that in
the next revulsion the tables will not be turned.
Besides, in xvhat xvay is it to be imagined that the
policy of discrimination will avoid such a result ?
Or is it contended that a doubtful should he taxed
higher that a solvent institution ? Let us have a
reason !
Larceny from the Wagon.
Rather a novel exhibition of villainy occurred
in our city on yesterday morning. A man calling
himself J. W. Hill, arrested a negro wagoner who
had brought a load of cotton to market, belonging
to Pike Hill, Esq., of Harris county, for camping
on the North Common near the Opelika Depot.—
He represented himself to the boy as one of the
City Police,“whose duty it was to confine him in
the Guard House for that offence. By way of
commutation of the punishment he agreed to se
cure the negro for a fexv hours in the woods—pro
mising that, at the expiration of that time, he
xvouid release him. lie accordingly carried the
boy a mile or two up the river, and having bound
him securely, returned to the city. In the mean
time the Opelika train coining in, the negro's
mules xvere frightened thereby, ran away ami
made a promiscuous distribution of freight and
wagon. The thief had the cotton, six bales, haul
ed into the city on drays and sold it to Mr. Daniel
Stone. Os course he pocketed the cash and va
mosed. The negro becoming restless in his con
finement, set to work to free himself, and finally
succeeded. Most ofthe above particulars are his
oxvn statements ; but it is believed by many that
he was in collusion xvith the white villain. Our
police are making a vigilant search for the latter
Pensacola News.
The Pensacola Gazette says that Major Chase,
President of the Pensacola Railroad, has made en
gagements for the purchase of sufficient iron upon
x'ery satisfactory terms, provided the city of Pen
sacola will issue her bonds to the amount of $130,-
000—the said bonds to be endorsed by the Kail
road company and used in the purchase of the
iron. A number of citizens have already signed
a petition to the city authorities, requesting them
to issue the bonds immediately. The Gazette
thinks that the road will be completed from Pen-
sacola to the State line in the course of six or eigh
months. There is an ugly gap of seventy-five
miles between the State line and Greenville, for
which we do not see that any provision has been
made, but the friends of the road are sanguine in
their belief of its early completion, all the way
from Pensacola to Montgomery.
The Gazette takes ground against the movement
for the annexation of West Florida to Alabama,
characterizes it as “sinister,” and “absurd.” and
thinks that no citizen of Florida with any State
pride will countenance it.
The Augusta Constitutionalist says, that Judge
Magrath, of the United States Court, in Charles
on, recently decided that the liabilty of a steamboat
company on freight does not stop when the goods
on freight are landed on a wharf. The shipper is
compelled to see that the produce is delivered to
the consignee or his order. In case the shipper
cannot find or deliver the goods to the consignee,
it is his business to have the goods sent to a ware
house or placed in responsible hands subject to
the order of the owner or consignee.
The yellow fever is on the decrease at Gal
veston. On the 25t1 ult. there were two deaths
from this disease, and on the 27th the same num
ber. At Houston the yellow fever deaths for the
weekending 26th ult., were twenty-five; on the
25th there were four deaths.-and on the 24th two.
The whole number of cases in the city at last dates
was sixty-five.
Imports of Dry Goons at New York. —The
Journal of Commerce states that the total imports
of dry goods at Now Y ork for October is $565,722
greater than for the Corresponding period of last
year, and only $lBO,Bll less than for October, 1856
The imports thrown upon the market, including
those withdrawn from warehouse, exceeded the to
tal of last year, in a proportion •till greater than
th* dirsst raaaipts.
MILLEDGEVILLE CORRESPONDENCE.
Miu.edokvji.i k, Nov. 4tll 1858.
Mr. Editor: —The ►Senate was engaged this
morning in the introduction of bill^ Several bills
for new Counties and State aid were read the first
time. Bills, by the way, which should not p:i>
without pressing necessity. The House ni<*t al
the hour of 9 o'clock aud adjourned until 3 o’clock
i*. m. xvheu the deaths of Hon. Jacob \\. M <>ore
of Glynn, Jesse M. Jones of Warren, aud Geo. J[
Julicn of Forsyth, were announced and appro
priate addresses delivered by Messrs. Gordon of
Chatham. Milledge of Richmond, Lew to of Greene,
aud Hillyw of Walton. After which the Hun.-e
adjourned for the day.
In the afternoon at 3 o'clock, the .Seinttus Aea
demieus assembled in the Senate Chamber. Gov.
Joseph E. Brown, ex officio, President of the
Board, took the chair. Asbury Hall Ksqr, of Ath
ens. as Secretary, read the minutes of the previ
ous meeting. Dr. Church then read a learned <-
iay on Education—recommending a 1 Diversity -
a system of Com mow Schools, complimenting the
present students at Athens as being the meat or
derly of any over whom he had presided for the
last 39 years, ami announcing his intention to re
sign within one year.
The following members of the Benatus A cade
micus answered to their names, to wit: Iton. J 1
V. Johnson, Win* Dougherty, 15. H. Hill, Iverson,
L. Harris, Henry Hull jr. W. H. Jackson, John
Billups, David W. Lewis, Joseph Henry Lumpkin,
W. L. Mitchell, David A. fcese, Asbury Hull.
Sec’y,
After an eloquent and impressix e speech from
lion, Joseph Henry Lumpkin upon the necessity
of a University, the Senates Aeademicus adjourn
ed until 10 o’clock to-morrow. The following
trustees hax e been elected to fill vacancies, T. so
It. Cobb, Thomas W. Thomas, and James Jackson.
Hon. Robert Trippe, and Hon. Jaine* Jackson,
are present in Millcdgeville.
CQRRESPOXnKNCE OF THE TIMES-
Ex chan ok Hotel, Montgomery, Ala. ;
[November, sth 1858. j
Dear Times :—I avail myself of a leisure in
ment to say a word for you of things over this
way. Your sister city is full of life, to the over
flowing, xvith strangers aw aiting the abatement ot
the Fever iu Mobile and New Orleans, with visi
tors In attendance upon the State Fair, xvith cot
ton waggons, hacks, carriages and vehicles of ull
kinds, with city swells, ami country boors, xvith
beautiful women and sturdy men. The occasion
of greatest interest to our State folks just now i
the Annual State Fair, which has been in progress
all this week. 1 have taken several looks at the
exhibition xvith much gratification, and am glad to
say that the most sanguine of its friends have been
more than satisfied xvith the result. The stoek is un
usually fine. More noble horses are here on exhib
ition than ever have been before. The cattle are
very much improved, quite a number of useful in
ventions and discoveries in the mechanical and
scientific departments evince a lively interest in
this direction. Georgia industry is well repre
sented also. Upon the xvbole the success must
certainly be the most cheering to the managers of
the Fair. I cannot in this passing notice particu
larize. nor is it necessary.*East Alabama, hoxvever.
over a large portion of which your Journal ex
tensively circulates, has a large list of contributors.
The Tuskegee Methodist Female College had a
most beautiful exhibition ot paintings, drawings
and designs. Some designs of xvall-paper, carpet
ing, dress patterns Ac., show an entirely and
distinct feature in the organization of this excellent
Institution, and should be so encouraged as to in -
duce further energy in that direction.
Anew chemical disinfectant of Prof. Darby s
took a premium, and had a most thorough report
from a committee of scientific gentlemen. Mr.
Ferrell, of Chambers, exhibited a full blooded
Morgan Stallion, which came so near getting the
first premium that the committee could not help
but make most honorable and hearty mention of
it. Mrs. Flournoy, of Macon, took a premium on
a quilt. Mrs. Sayre, of Tuskegee, one on a bead
ed fruit stand. A lady from Barbour, one for hair
embroidery and leather work, and several others
too numerous to mention.
The tournaments were admirably performed.—
This feature attracted much attention from all. I
must refer you, however, to the papers for mere
particular accounts of them.
The election of officers of the Society on Thurs
day night, resulted in the re-choosing of all the old
officers, xvho were living or residing in the State, a
result most indicative of their harmonious action
and confidence in their abilities.
Col. Isaac Crorn, of Greene county, President.
Dr. N.B. Cloud, of Montgomery, Secretary.
Col. Chas. T. Pollard, of Montgomery. Treasu
rer, with an Executive Committee, and one Vice-
President from each county in the State.
The Prizes xvere distributed Friday at 12 o'clock,
in the presence of an immense concurse, at the
Amphitheatre, and id though everybody did not
get one, there was general satisfaction given.
But I xvill not weary you.
As ever. PEN DRIVER.
Hon. W. M. Slaughter, of Dougherty -Remarks.
Remarks upon the Resolution of Mr. Briscoe,
expressing it as the opinion of the Senate that a
new organization was necessary, before proceed
ing to buxines* at the present session-.
Mr. Slaughter said : The question presented by
this Resolution underwent considerable discussion
in the Senate at the last session. There were two
points connected with the subject, and growing out
of the amended constitution upon which a differ
ence of opinion was expressed by members of the
Senate*. First, whether the Legislature elected in
1857, could hold the first regular annual session
under the amended Constitution ? and in the se
cond place, whether anew organization would be
come necessary before proceeding to business ?
Since the adjournment, the Governor, xvith a view
to his oxvn guidance, has submitted these questions
to the Judges of the Supreme Court, xvho. respond
ing to the request, have given their opinion ad
verse to the position maintained, and sought to he
made a precedent by this resolution. They decide
that xve assemble under the organization of 1857.
The Governor has acted upon the advice thus giv
en, and it remains for the Senate to say whether
they will disregard it, and set up its own judgment
in opposition to that ofthe Supreme Court.
This opinion, it is true, has not the authority
of a judicial decision : it does not profess to be an
adjudication, it is merely advisory, but emanating
from the highest appellate tribunal in the State,
upon an important question of constitutional
law, eminently a judicial question. 1 submit that
it is entitled to great weight, and should be acqui
esced in by the other department of the Govern
ment.
But really, the question, aside from the author
ity of the Judges of the Supreme Court, presents
no difficulties for solution. What is the reason
assigned in this resolution for anew organization?
Siuiplv that the present is anew and distinct ses
sion : ami not a continuation of the last session of
the Legislature. The conclusion is clearly a non
sequitur. It certainly cannot be argued with any
show of reason, and in the face of express provis
ions of the Constitution, that upon the final ad
journment of the Legislature at its last session, its
organization was dissolved, so as to require anew
election of officers at a subsequent extra or regu
lar session of the same body. The Constitution
contemplates the continued existence ami official
capacity of at least one of the officers necessary
to the organization of this branch of the General
Assembly. I refer to that clause of the Constitu
tion which, iu certain contingencies, provides for
the exercise of Executive functions by the Presi
dent of the Senate. It follows from this that the
adjournment of the Legislature does not work its
dissolution as an organized body for the transac-
tion of business. But if tfie sine lie adjournment
did not produce this effect, what has transpired
since to require anew organization ? Nothing of
the kind is pretended.
The only clause in the Constitution upon the
subject is the simple provision that the Senate
shall elect its own officers. This power was exer
cised at the last session : we elected our officers,
and they hold by a tenure coextensive with that
of the Senate. The amended Constitution did not
terminate our existence as a Senate, neither does
it close the official term of the ojftcsrs necessary to
organisation.
These are my views, and” in accordance with
them I should have raised a question of order up
on a motion 4o go into an election. The President
of the Senate, prompted by sentiments of delicacy
which exerv Senator must appreciate, has resign
ed his position, and thus imposed upon us the ne
cessity of filling the vacancy, which has been done
by his re-election. Further than this, we ought
not to go ; we should not establish the precedent
sought by this resolution, and I trust it will not
receive the sanction of the Senate.
White frost In Havannah.
Savannah, Nov. 4, —There was a slight white
froti in the city this morning, or reported such by
tbt early rlatr*.