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T
«©VERlVOR’S MESSAGE.
EXECUTIVE DEPARTMENT, ?
MlLT-EDGEVILLE, NOVEMUEK 7, 1843. J
Fellow-Citizens of the Senate,
and of the House of Representative! :
You have assembled ns the first Representatives of the
people, chosen under the amended constitution, for the bi
ennial session of the General Assembly. The topicswhicli
will engage your attention are not more important, nor ne
cessarily more numerous, than under the former regulatiun,
with the exception, tlmt it becomes your duty to alter tile
law prescribing the inode ofehoosing the electors ot Presi
dent, and Vice President of the United States to which this
State is entitled ; and to elect officers to fill the places of
those whose terms expire in November next •, and to pro
vide for commissioning them at the time, at which, by exist
ing constitutional provisions, they will be required to enter
upon the duties of their respective offices. The law in re
lation to the election of electors of President and Vice
President, should be so altered as to render the convention
of the Legislature in extraordinary session unnecessary,
except on the failure of a choice by the people, or the death
or resignation of one or more of the electors chosen.
I lay before you a document marked A. wliicb exhibits
the amounts received by the Executive, from the fund pla
ced nt his disposal for the payment of the public debt, and
the manner in which the same has been disbursed, except
the sums drawn in favor of the Treasurer for the payment
of interest on State 6 pr cent, bonds, which will appear in
his report. The accounts between the State and the Geor
gia R, R. Banking Co., embracing heavy transactions for the
payment for, ami transportation of. Iron for the Western
and Atlantic Rail-Road ; with the Merchants Hank of New
York; with the Central Bank ol Georgia; and with John
P. King. Esq., agent, are also laid before you. These last
are vouchers in support of the first named document, anti
Telate exclusively, to the same fund. The sum of $40,000
constituting apart of the amount to the credit of the State
in the Merchants Bank of New York, was deposited in Gov
ernment slocks which had been received on the military
claim, and the interest on slocks credited in _ the account,
arose upon that deposit which explains these items. The
possession of these funds enabled me to save a considera
ble sum to the Sta'e, which must otherwise have been lust
in the sacrifice of Central Bank notes. Certain paymenis
were to be made (or postages; purchases fertile use of the
State; to creditors of the State, Ac., for which specie funds
alone would be received, and in all such cases tbe amount
was drawn from tbe Treasury by warfaut on the appro
priate fund in favor of the party to whom it was due. which
was paid in Central Bank notes and despoaited in the Cen
tal Bank to the credit of the State, and a check given in
exchange. The Central Bank had borrowed in New
York the sum of eighteen thousand dollars, to pay the inter
est on the public debt for which it had pledged iliirty thou
sand dollars of its notes. The item for the exchange of
that sum was to enable it to redeem said notea.
There now remains an unexpended balance of this fund,
of thirty-six thousand five hundred and twenty-nine dollars
and seven cents, ofwliich there is to the credit of the Slate
in the Central Bank, the sum of thirty-six thousand four
hundred and thirteen dollars and nine cents, and in the
Georeio Rail Road and Banking Company one hundred
and fifteen dollars and ninety-eight cents.
The report of the Treasurer will place before you an ac
count of the fiscal operations of the year, so far as the same
•have been connected with his Department. Had the de
mands upon the Treasury come up to the estimates of the
last year, its means would not have been adequate to meet
them, notwithstanding the large amount received for
Grants. The appropriation for troops for the protection of
the southern frontier, founded on estimates, exceeded the
amount required, as reported by the Paymaster, eighteen
or twenty thousand dollars. Jf the sum now in arrear for
interest on 6 per cent bonds, which has not been presented
for payment, were added to the foregoing, it would have
swelled tbe demands against tbe Treasury, to an amount
which :t would not have been able to meet, without en
croaching upon the funds arisiug from the last assessments
of taxes. *
I am gratified to have it in my power to state, that the
present and prospective condition of the finances is more
.Battering than when I had the honor last to coimnanieate
with the representatives of the people on this subject. The
receipts into the Treasury from taxation and oilier contin
gent ordinary sources, according to the estimate of the
'Comptroller General, a copy of which is herewith submitted,
will he more than sufficient to defray the ordinary expen
ses of the Government, and pay the interest on the public
debt. The total receipts may be estimated as follows:
from taxation and other contingent sources of revenue,
m , , 8290,000 00
"To the credit of the State in Central Bank and
■Georgia Rail Road Bank, subject to Execu
tive checks, $36,529 07
'To tbe credit of the Treasury in Central Bank, 21,967 00
•Balance of Military claim on Government, 74,795 73
i aggregate or $423,291 80
To this is to he added the balance on hand on the 3Jst of
October last, less the amount received on assessments of
taxes for 1843.
_ Appropriations for many objects, for the political year,
■eighteen hundred and forty-three, were inadequate for the
purposes far which they were intended, and those for the
year 1844, must necessarily he increased. The contingent
fond, accidentally overdrawn a few hundred dollars, has
long since been exhausted, and there are in consequence,
r.ow outstanding debts chargeable to it, arising from cases
of small pox, postages attorneys fees for prosecuting de
linquent Banks, printing Bank Reports. Ac., amounting in
the aggregate to ten thousand dollars, or thereabouts, for
•which immediate provision shonld 1-e made. The expen
ditnres for the present year, may be estimated as follows:
Expenses of Legislature, 95.000
Civil Establishment, 37,475
-Contingent fund including the balance for last year, 30,000
Military Fond, 5,000
Printing Fond, 17,000
Special-appropriations, 15,000
Interest on public debt, 95,000
Arrearages of interest for former years,
paid by the Treasurer belore
coupons can never come, in al
the holders of tbe bonds to which they
i they were cancelled. These mediate measures should lie adopted to procure the alien- the paymaster. I refer to you copies of letters received
.11 probability, to the hands of .dance of witnesses.—Most of them reside in.other counties, from Captains North and Deas, on this subject, which will
bieh they were attached, so as ! Copies of the final report of the Hon. Wilson Lumpkin, put you fully in possession of th M ■ I
the objections urged against
16,000
Making an aggregate of
ng deducted frt
atm
$312,475
balance subject to Legislative disposal of $110,816 80.
This sum is to be increased by the balance on hand on 31st
tilt, ns alluded to above. Tbe large sum $32,000 for the
.pay of the troops on the southern frontier, is included in the
special appropriations paid the last year. No similar ap
propriation will be required hereafter.
It is proper for me to remark, that I have engaged, upon
the receipt of the balance of the appropriation from the Gen
eral Government to apply at least fifty thousand dollars of
that sum to the reduction of the debt due Reid, Irving A
Co., which, from the foregoing statement, it will be per
ceived, may very readily he done without, in the slightest
degree, embarrassing tbe operations of the Government.
To the sura of the estimated receipts into the Treasury, as
hereinbefore mentioned, may be added the proceeds of the
sales of such of the reverted lands as the General Assembly
may order to be disposed of. From that source, if all the
reverted lands drawn in the lotteries prior to the Cherokee
lotteries are sold, the snm of fifty-thousand dollars, ut least,
may he expected to be realized.
As you may not be assembled again daring your constitu
tional term of service, provision must be made for the ex
penses of the Government, and the interest on the public
•debt for the political year eighteen hundred and forty-five.
—These expenses will he diminished by the amount of the
pay of the Legislature and charges incident to legislation.—
For that year the probable expenditures will he:
Civil Establishment, $37,475
Contingent Fund, 20,000
Military Fund, 3,000
Printing Fund, (no Laws and Journals,) 5,000
Interest on public debt, 100,000
Special appropriations, 15,000
8180,475
If the revenue should reach the estimate for the present
year, viz : $290,000, there will be a surplus of one hundred
and nineteen thousand five hundred and thirty-five dollars,
applicable to the reduction of the debt due to Messrs. Reid,
Irving, A Co., should you continue the provision of the act
of last session, directing the application of tbe surplus to
that object. If you should direct the sale of reverted lands
drawn in the Cherokee lottery, after the expiration of twelve
months, o revenue of at least eighty thousand dollar* may
he expected from that source. Hence, it will appear if
there be no error in the estimates, the means at your eon
trol will enable you to adopt nil the measures hereinafter
recommended, without interfering with the annual reduc
tion of the principal of the public debt, of at least fifty thou
sand dollars.
Should tny recommendation in relation to the amendment
of the Constitution, to reduce the number of members, and
tho change of the tune for the meeting of the General As
sembly be adopted, and the pay of the members fixed at the
rale which was for a long series of years customary in Geo-
pia. and is now the usual compensation in an adjoining State,
die most fortunate results may be expected. The sessions
will he shortened to an average of forty days, the daily cost
of legislation will not exceed six hundred and fifty dollars,
and the aggregate biennial expense reduced to twenty-six
thousand dollars. The amount thus saved, will be a sensi
ble relief to tltehurdens of the people, and the ameliorating
effects of the change will soon be felt in the improved char
acter of lire State at home and abroad.
Forged notes purporting to have been issued by the Cen
tral Bank, were circulated to a considerable extent in cer
tain parts of tbe State, in the early part of the year. The
Rank, by the vigilance ofits officers, has escaped imposition
from that fraud ; but its existence suggested the necessity
Of guarding the public interest at oilier points against the ef
fects of forgery. Coupons attached to Stale 6 per cent,
bonds are so easily counterfeited ns almost to invite the
crafty to the undertaking. To protect the Treasury from
assaults from that quarter, an order was issued by die offi
cer nt its head, with the approval of (he Executive, reqnir-
ing bonds in nil rases, to be presented with the coupons at
tached when interest was demanded. Appeals have been
made to the Department qa to modify the rule, ns to admit
of the payment of the interest upon the presentation of the
coupons, with an affidavit that they were cut from the bonds.
But ns such a modification would, *amanifestly destroy, in
n great measure, the beneficial object of the rule itself, it
was not made. It is material to prove the genuineness of
the bond from which coupons are detached, and this cannot
he tlone by strangers who are unacquainted with the auto
graphs ef the officers,w!:mm- signatures they bear. There
can he no safety in n departure from the rule. In its strict
observance, there i., perfect security as is attainable in
such cases. It accomplishes another object. a«i looked to,
•'t the time of its adoption, and which is proven by the loss
from the Treasury of several coupons after they had been
observed, the Treasurer has paid two forged coupons , placed in his charge. His office expired in January la3t, ! affidavits of the men who performed the service,
which it is supposed were presented detached from the by the terms of its limitation in the law which created it. ' I call your particular attention to the letter From the pay-
bonds. This shows the indispensable necessity of an ad- Since that time; the Chief Engineer, has redeemed outstan- ! master, relative to Capt. North’s roll, and recommend^ that
herence to die rule, and I recommend its establishment by ding scrip whenever presented in such sums, as to equal the every dollar to whichlhemeu of his company are entitled,
law, as demanded for the security of the Treasury.
I lay before you a list of .Executive appointments made
during the last political year—and also ot Executive War
rants, drawn on the Treasury during the tame period.
Thete are now outstanding several demands against the
State, which are required to be paid from the Contingent
Fund; but which, from the smallness of the amount appro
priated, I have been unable to discharge. I would recom
mend your early attention to this subject, and the immedi
ate enactment of a law to provide for demands chargeable
loibisfuni) In examining pay mentsmade from the Con
tingent Fond, you will hud chatged to it several items
which are not properly contingencies, such ns overpayments
to the Treasury by Tax Collectors, accounts for small pox,
Ac. The legitimate object ofa Contingent Fund,is to pro
vide for expenses which could not be foreseen by the Leg
islature, and to meet which, appropriations could not there
fore be made. I recommend the repeal of the law, which
requires all expenses incurred on account of the small pox
to be paid from the Treasury, and that in lieu thereof, pro
vision he made, that a supply uf fresh and genuine vaccine
matter be kept constantly on hand at different and con ve-
nient places throughout the State, at public expense, and
that it be enjoined as a duty, that every individual be iuno-
culated therewith. Each count^should be required to de
fray the expenses of its own poor in receiving the benefits
of this benevolent regulation. In this manner this loath
some disease may be kept out of our limits. During the
year, a case of small pox occurred in the county of Pike,
and on the discharge of the patient a quantity of clothing
was burnt by order of the Inferior Court of that county, ana
an account was presented against the State for their value.
I submit to you the copy of a correspondence, which states
the grounds on which payment was refused. As the own
er. however, lost his property under order of Court, it may
well form a subject for your consideration, whether he shall
not be paid.
A mistake was made in the appropriation to Mrs. Aman
da Taylor, to reimburse her for an overpayment of taxes.
The Senator from that county called and made knewn the
error. . The true amount has been paid. The appropria
tion for the balance ought to be repealed.
I have had a book prepared for the registry of all coupons
for 6 percent, bonds, taken up at the Treasury, which will
bean additional guaranty agaiust fraud, and will, at all
times, exhibit the amount of interest paid, and also afford
the means of information of the amount unpaid. All cou
pons redeemed, have been entered thereon, except those
that have been lost from the Treasury.
Two small warrants on the Treasury for fifty-three dol
lars and fifty-five cents, both properly chargeab'e to the con
tingent fund, but one inadvertently drawn on tbe wrong
fund, ard both paid by the Treasuret without the approval
oftlie Comptroller, shonld be allowed that officer.
d of last
efficient
have
succeeded beyond expectation. Notes of tile Bank amount
ing to eight hundred and thirty-seven thousand six hundred
and fifty-one dollars, have been redeemed, and under the
act ot the last session, burnt. Ot' this, the sum of $100,320
was on hand on the seventh day of November last, and
since that time, the sum of $381,186 40, has been collected
on debts due to the Bank, and the balance was redeemed
with eight per cent, bonds. Between tbe seventh of No
vember of last year, and the second day of the present
month, the circulation of the Bank, was reduced from $1,-
453,533 to $680,923, and by the time the tax of the present
year is paid into the Treasury, if the amount has been cor
rectly estimated, there will be in actual circulation in the
hands of the people, not exceeding $380,000. The amount
in the Treasury will, however, be disbursed as demanded
by the calls oftlie Government, but after the payment of the
Legislature, these calls will be inconsiderable and gradual,
and by no means equal to the collections of the Bank.
The liabilities of the Bank, of every description, amount
to one million three hundred thousand six hundred and
ninety-nme dollars and seventy-five cents- In these, the
circulation and eight per cent. Bonds, issued for the re
demption of its notes, constitute the principal items, making,
conjointly, the sum of eleven hundred and ninety-nine thou
sand and sixty-six dollars and sixty cents. To meet these,
it has assets, estimated to be good by the Director, amount
ing to one million seven hundred and twenty-four thousand,
three hundred and twenty-sight dollars, showing an excess
of available means, over liabilities of four hundred and
twenty-four thousand, two hundred and thirty-six dollars.
But allowing an additional sum of two hundred thousand
dollars for depreciation of the stock of the Bank of the
State of Georgia, and of Augusta and other losses, and it
will be seen how abundantly able this Institution is, under
future correct management, to discharge all its liabilities,
and have « handsome surplus, independent of that portion
of the Bank stock which was a total less, Brunswick It.
Road and Canal stock, and other similar worthless paper
which has been estimated as apart of its capital. It is to
be lamented, that imprudent legislative action, exciting a
distrust of its power to meet demands against it, deprecia
ted in the hands of the people, the notes of a Bank whose
ability to sustain itself, is now demonstrated. Public confi
dence is, however, reviving in regard to it. and specie pay
ing banks will, no doubt, at an early day, find it to their in
terest to receive its notes in payment.
Notes and hills of Exchange, discounted by this institu
tion, amounting to six hundred and ninety-seven thousand,
seven hundred and forty-five dollars and ninety-five cents,,
exclusive of interest, are in the hands of Attorneys for
collection. I wonld respectfully ask, if when the notes of
the Bank reach par value, indulgence might not be granted
to debtors upon terms entirely compatible with the public in
terest 7 The eight per cent, bonds, may, at the-oplion of the
State, run throngh a period of five yeara from the date of
theirissue. Hence, little inconvenience to the State, cculd
ensue from this act of liberality to debtors. The faithful
conduct of the ministerial officers of this Bank,-is a guaran
ty that its important interests are safe in their hands, and
that no change in ita administration or mode of management
for closing its affairs, need be made with the expectation
of greater security to the public, or with the view of obtain
ing a mote abiding fidelity in the agents employed. Any
change by which its assets might be placed in the fatal cus
tody of a receiver, would be the preliminary step towards
charging its indebtedness to the Treasury and raising the
means of payment from tbe people.
The transfer of a part of the claim of the Central Bank of
Georgia against tbe Bank of Columbus, was made to Henry
W.Jernigsn, ns directed by resolution of the last Legisla
ture, according to tbe terms therein specified; and as no ap
propriation had been made by Congress for its payment. I
addressed ihe Georgia delegation on the subject, referring
them to the proceeding of tho Government respecting it. A
cojre of my letter is herewith submitted.
lit consequence of reports of meditated frauds, npon the
Central Bank, which were communicated to me from Col
ambus, in a manner and of a nature to require my official
attention, I directed an inrestigau'on of them, and for that
purpose, appointed H. G. Lamar, arnlA.H. Chappell, Esqrs
Though they were satisfied that the fraud was contempla
ted, they were equally convinced that the projectors had
made no pr« gross in its execution and that no one maintain
ing an honorable name, was at all implicated in it.
A mercantile firm of New York, Messrs. Davis Brooks
A Co. as agents of an English house, hold fifty thousand dol
lars of the notes of the Bank of Darien. Should that insti
tution prove unable to redeem them, they rely on the State
ns a Stockholder, under the terms of the charter, to make its
proportion of them good. I have on two occasions commu
nicated to the General Assembly documents, exhibiting a
transaction between the Bank of Darien and the New York
Banking Company, of a moat extraordinary character, by
which upwards of two hundred thousand dollars ofits notes
were pledged by the former to the latter, without the sligh
test rocipocral benefit or advantage. If the notes held try
the gentlemen named be of that parcel, unless they hold
them without notice of the fraud express or implied, their
claim cannot be recognized. I lay before you a correspon
dence with them on the subject.
I refer you for information in relation to all matters con
nected with the Penitentiary, its managemenicondition and
prospects, to the very ample and detailed report of the Prin
cipal Keeper—copies of which are laid before you. It will
be seen, by a comparison of its affairs for the last four years,
with those of the four years which preceded them, that the
results are altogether commendatory of the improvements
which have been made in their administration during the
Uttar years; but that there are still great defects in the sys
tem, to_ remedy which, the ameliorating hand of the Legis
lature is required, I would invite your especial attention to
the practical suggestions which are contained in the repprt,
and recommend that yoji select from them the best means
of applying labor and perfecting our prison discipline, with
a view to promote the interest of the State and improve the
moral condition of the convicts. I would also, urge the ne
cessity of relieving the Institution from its embarrassments.
It is impossible for its operations to be advanugeously con
ducted wit houl either credit or means. Since eighteen hun
dred and thirty-eight, it has had to contend against the de
pressing change of times, and even under the energetic con
duct oftbe present able and efficient Keeper it has fallen
short, by actual sales of manufactured articles,to realize
cash tomeetits necessary expenditures. This difficulty,
could in a great degree, be remedied by its removal to "a
more eligible location, and much advantage might be deri
ved from directing the labor to different ob) .cts. I beg leave
to ask yoor attention to the views which I had the honor to
submit to tbe last Legislature on these subjects. By adop
ting them. the Penitentiary would be withdrawn from com
petition with that highly useful and respectable portion of
our fellow-citizens engaged in the mechanical arts.
The Legislatureof eighteen hundred and forty-one, ap
propriated a sum of money for the payment of three Inspec
tors of the Penitentiary, but the law was so altered as to ad-
mit of the appointment ofoneonly. Mr. William C. Derry
was appointed, who performed "the duties with great dili
gence and fidelity, devoting the whole of his time to them.
The sum appropriated for all, is an inadequate compensa
tion for his services for that year; and I would recommend
that the whole of that, at least, be allowed him,
amounts of bonds in his hands for its redemption. HehSs ■ be allowed, but that measures be adopted to remedy such
also settled accounts contracted by himself. My observation
and experience have convinced me that the expense of a gen
eral superintendent or disbursing agent on the public work,
may be entirely saved, and that all the duties heretofore re,
quired of those officers, may be performed by the Chief En
gineer, with the aid of his clerk, or payments made uponhia
checks at the seat of Government. As less service was re
quired of the Chief Engineer, duringthe present year than
heretofore, I felt it my duty to reduce liis salary one thou
sand dollars, including the discontinuance of the allowance
for contingencies! It is due to that officer, however to say,
that this was done from no chauge uf opinion in respect to
his skill, ability or efficiency, but from a sense of duty and
justice to the public.
It will be perceived that but little progresi has been made
with the road during the year. Iron has been laid on tbe
track, commencing at Marthasville, the southeastern ter
minus, and extending to a point thirteen or fourteen miles
north of Murietta, a distance of about thirty-three miles.—
Two passenger cars and other cars for the use of the road,
have been constructed in the Penitentiary, in a style and
strength of workmanship, which urovetliat if that institution
were conveniently located, the convicts might he profitably
employed in works of that description for the Slate and oth
er roads. A locomotive has been purchased, but it has not
been thought expedient to run the cars regularly, until a
greater extent of road is completed, or until one of the bran
ches, forms a junction with the State road. One of the brid
ges was burnt in, August last, by the gross misconduct of
au overseer. The loss will be repaired by the first of Jan
uary next.
A contract has been made fur the purchase of four hun
dred and sixty tons of iron, the quantity necessary for the
completion of the road to the termination of fifty-two miles
as provided for by a former Legislature. It is to be deliver
ed in 8avannah during the present-month. The heavy duty
on this description of iron, adds greatly to the cost of our
public works. 1 would suggest to you die propriety of me
morializing Congress for the remission of the duties. As
our improvements when made, must afford great facilities to
the Government in tnattersconnected with national interests,
and as they were all undertaken under the inducement of
the free importation, of iron to be used in their construction,
we might justly hope for the most favorable consideration of
such an application. It wpuld certainly, greatly reduce
the cost of our works, and to that extentj he a relief to our
citizens.—Since the adjournment oftlie last Legislature, the
sum of twenty-six thousaud dollars of State six per cent,
bonds has been issued to raise the means of paying for the
iron whose arrival is daily expected, and to this amount
only, has the issue of State bonds for the purposes of the
road been increased. This smn deduced from the balance
of appropriations'on baud in January last, which was two
hundred ami ninety-six thousand three hundred arid ninety-
nine dollars and twenty cents, leaves now unexpended, and
subject to the prosecution of the work, the sum of two bun
dred and seventy thousand and ninety ninedollars and twen
ty cents. I wonld respectfully submit to your consideration
whether in the existing state of forwardness of the Branch
roads, it is not the part of a safe policy to equip the road with
motive power, ntul cars amply sufficient to engage in active
and extensive business. Georgia has not trot committed her
self to an amount of indebtedness which 4^>uld be a tempta
lion to a people of a less stern morality, to disregard their
obligations. Itis the .delate of wisdom, to keep within these
prudent limits. For the present therefote. I would recom
mend that, after equipping the road with all the necessary
means of vigorous operations, and the expenditure of remain
ing balances of appropriations, on the construction, the pro
fitsof the road be applied to its gradual completion. - Un
der such a regulation, this great enterprise maybe consum
mated without additionalcost to the people.
The time ts not remote, and will probably arrive before
your next biennial assemblage, whennctunlexperimenlwil!
afford a test oftbe value of the State road, both as respects
revenue and commerce. The two roads intended to form a
connexion with it, and which form a part of a system of im
provements adopted by the State, are urged forward with
all the energy admissible by the limited means oftbe ctjm-
paniesengaged in their construction. In eighteen hundred
and thirty-six, tlieact was passed, which embarked the State
in the great enterprise of connecting the waters of the west.
With the Atlantic coast, by means of a Rail Road. Char
ters had been granted to private companies by previous Le
gislatures, to constroct roads penetrating westwardly into the
interior, which, no doubt, contributed to this undertaking.
These charters authorized the construction of roads to sere
ral designated points, stopping short of that established as
the terminus of the State Road; and to render the project
less difficult and expensive to the State, the policy was adop
ted of encouraging citizens to form themselves into compa
nies, and in litis way to secure their means in aid of the
State, in tbe aecompiuhnicnt ofits great design. With this
object, was the tenth section of the act of 1836 incorporated
among its provisions. It declares that “for the encourage
ment oftbe construction of branch rad roads from the termi
nus of the said State R. II: on the Chattaoochee, to the se
vend towns of Athens, Madison, Milledgerille, Forsyth and
Columbus. Be it furtherenacted, that.so soon as Charters
shall have been obtained for the construction of said Branch
Rail Roads or any of them, and one half of the stock shall
have been subscribed for, in ail or either, it shall be the du
ty ot tbe Governor to subscribe in the name of the State, for
one fourth of the capital stock of such company or compa
nies: .Provided, that said subscription shall not exceed two
hundred thousand dollars, to anyone branch." Relying on
the honoi of their State, thus solrntnly plighted, many valu
able citizens were induced to engage in a work supposed
to be of great private at well as public interest mid utility.
The act, they saw, contained no provision that, if befttre the
day arrived on which the State might be called on to sub
scribe, reverses should come, she might recede from her en
gagement, aad leave the prospective disadvantages on the
hands of those who had confided in her. One oftbe com
panies— that, havingthe authority to construct a road from
the tei minus of the State Road to the town of Forsyth,^n
the 3d ofNovember last, submitted tome, evidence that all
the pre-requisites to a demand oftlie State ofits subscription
to one fourth of the stock had Wen complied with. To guard
the interest of the State at every point, the Executive ob
served great caution, and required statements on oath to as
sure bim that the proceedings of the company in obtaining
the subscription, had been in good faith, and that they had
obtained responsible names. Accordingly,'Joseph Day,
Tbaddeus G. Holt, Esqrs. and Dr. George A. Winn, gen
tlemen of unquestionable character, deposed, to the list ot
names presented to the Executive, as subscribers for the
stock, and further demised, that each individual whose name
appeared'thereon, subscribed for the number of shares an
nexed, either by himself or agent; that each share was for
one hundred dollars, and the aggregate amount of the sub
scription was for six hundred and sixty thousand dollars;
that on four thousand five hundred and thiity-one shares, the
sum i f tttree hundred and lift) -five thousand seven hundred
and eighty-eight dolls rs, had been actually and bona fide
paid; that ten per cent, and more, on each of said shares had
been paid; that the whole subscription had been fairly, bo
il from
ation
they had been able to obtain, the subscribers were general-
The murder of the guard, while on public duty, under
circumstances oftlie blackest atrocity, has already been
made known to you in the report of General Nelson. The
offenders should be brought,tojustice. Two individuals ac-
cased, and against whom bills of indictment hare linen found
in the Superior Court of Twiggs county, are iu confinement
owaitiug their trial. The Court hat been adjourned to Jan
uary. I have engaged the professional services of Bailey
and Johnson, Esqr’a. in aid oftbe prosecuting officer. Ini
na fide and unconditionally made aud that they believed
the personal knowledge they had, and the best inform
they hail been able to obtain, the subscribers were gen
ly good, and that the whole oftlie stock would be paid. Evi-
deuce was also submitted that the track on said road corres
ponded in width with that prescribed for the main trunk.
Under the law and this testimony, thesabscription was made
and with this full statement, it is referred to your decision,
whether the statute and the proceedings under it, impose
any, and what obligation on tbe State.
I appointed Q.. L. C. Frauklin, Esq. to execute the reso
lution ot the last Legislature, in relation to the books, vouch
ers, scrip Ac.cf the VV. & A. R. Road. He posted up the
books, arranged the vouchers and adjusted the accounts, as
far as the im period state of the books would enable him to
do it. He deposited a scheduleof the accounts as required
by the resolution, in this Department and the Comptroller
General’s offige, and accompanied the same. With an expla
natory report, copies of which are submitted to you- I a-
greed to allow him for bis services in proportion to the time
tnat he was employed, the same compensation provided by
law fot the Secretaries of this Department, but as the con
tingent fund was exhausted before the completion of his la
bors, 1 was unable to pay him in full. Advances of small
amounts were made him during the progress of the work.
I transmit herewith, copies of the report and accounts cur
rent of the Commissioners of the Western and Atlantic R.
Road, made by those gentlemen and deposited in the Exe
cutive office agreeably to a resolution of the last General
Assembly.
Copies of a correspondence with Dr. Earle jn relation to
an account alleged to have been made with thc]Commissiqn-
ers, and of which he demands payment, are also laid before
you.
Coupons from bonds issued, for interest which accrued
before they were issued, have been returned to. and filed in
this Department. I would recommend that they be exami
ned and burnt, as well as al) state bonds which have been in
any manner redeemed. It is the request of the agent of
Messrs. Reid, Irving & Co. that the coupons for interest
which has been paid on bonds held by that bouse be preser
ved, as they may possibly he needed on a final settlement.
A coupon, for twelve pounds ten shillings sterling from
one of the bonds originally held by these gentlemen has been
lost, and the interest cannot be paid without legislative au
thority, which justice requires should be given, upon satis
factory proof of Ibe loss to the State’s agent. Redeemed
coupons for interest on sterling bonds held by the Bank of
Augusta, will be found in this Department.
State six per cent bonds to the amount of seven hundred
and fifty dollars, a part of those not used in the redemption
of scrip, alluded to in the report of the late Commissioners,
as having been left with Marsh and Briers, for that purpose,
have been returned, which ought to be added to, and in
crease the balance of unexpended appropriations for the
State road. _ Jths
In execution.of the act of Q7th December last, “to provwf
for the [>ay. forage, subsistence, and transportation, of the
troops, ordered out by His Excellency, the Governor, and
by Generals Knignt "and Hilliard, for the protection of the
southern frontier of this State, against the intrusions of the
8eraino]e Indians," Col. Jas. Rogers, of tffis place, was ap
pointed paymaster, who proceeded to examine ami report
to this Department, all such claims as were presented under
said act, together with the evidence in oupportof the same.
A copy of his report is laid before you. The evidence c n
which it was based, is to be found on the files of this De
partment. Some of the officers are discontented with the
allowance made them and tbe men under their command Ly
abuses as are disclosed on the part of that officer.
A warrant has been drawn for the sum of $32,000, for the
payment of these troops, which exceeds the amount of claims
reported. This sum will cover every small amount of addi
tional claims which may he proven, and the pay and expen
ses of the paymaster, who will account for any balance. I
regret that the illness of this officer has hitherto prevented
the execution of the duties assigned him. I addressed a
letter to the President of the United States, on thesabjectof
the payment of the above troops, and also invited the atten
tion of the Georgia delegation in Congress toil. Unexpect
edly to me, the President referred the matter to the then
Secretary of War, an officer with whom I could not commu
nicate with regard to it, alter the evidence of his insinceri
ty, as exposed in my message to the last General Assembly.
After I was informed by the Adjutant General of the Army,
that the rights of the State were to be controlled by so un
worthy an influence, I deemed it due to the people, whom I
represented, to have no further iuteicourse respecting them,
with any officer subject to be biased by his prejudices. I
cannot torbear, however, calling your attention to aytassage
in his letter of the 27th February last, to a portion of the
Georgia delegation, a copy of which is herewith communi
cated, in which to justify his conduct iti opposing the right
of Georgia to pay, be remarks that, “there was no outiiage
committed by any Indians in the State of Georgia, during
the year 1842, ana there was no probable or plausible ground
to apprehend any. Its southern border was guarded by ten
military posts and by an unceasing vigilance, which afforded
the most effectual protection.” These assertions are "made,
notwithstanding the Document 200. to which he refers in the
sentence immediately preceding this, being a communication
made by himself, to the committee on Military affairs, con
tains a letter from Major Gen. Knight, giving information Of
an Indian murder, committed on Tom’s Creek, in the coun
ty of Ware, in the month of February, of that year. Itis
true, that in one of the Documents is contained a letter from
an officer of the army, which is intended to create a doubt
whether the murder was committed by Indians. But
the evidence adduced is inconclusive on tlmt point. I lay
beftire you, an extract from a letter from Capt. Clyatt, of
the 26th Sept. 1842, which proves, that in August, of that
year, the Indians had passed into Georgia, and there had
an engagement with a company of Georgians and Floridians.
Should there be an error in Capt. Clyatt's geography, which
seems impossible, as he examiued the lines, the Indians had
certainly passed the ten military posts, and there was at
least “ plausible” ground to apprehend Indian outrages.
I appointed the Hon. John P. King, Agent oftlie State of
Georgia, to receive from the General Government, this
Slate’s portion of the proceeds of the sale of public lands,
under the act of Congress, making distribution thereof a-
mong the several States, and also to attend to the settlement
of the military claim of the State against the Government,
for which au appropriation of $175,000 was made by Con
gress. I cannot permit the occasion to pass, without bear-'
iug testimony to the highly honorable and disinterested con
duct of this gentleman, in the gratuitous performance of this
important service for his State. The amount retained by
him is a hare reimbursement of his expenses.
The appropriation made by Congress, falls short of the
sum actually expended by this State $35,000: but the vouch
ers were so loosely taken by militfa officers unacquainted
with the formula in such cases that very-few of the accounts
couform to the regulations of the Departments at Washing
ton, and the collection of proof at this late day, will be at
tended with great difficulty and expense. Col. Rogers has
beep engaged in this service also. It is-but just to the offi
cers at Washington to say, however, thatthey are disposed
to ( throw no embarrassments in the way of the settlement of
the claim with respect to tbe proofs, which are not demand
ed by long standing rules and usages established for the se
curity of the Government against impositions. But While I
make this statement, I cannot admit the authority oftlie offi
cers of the Government, tu demand of this State formal
vouchers to sustain accounts paid by Gov. Schley, as the
Agent of the Governmentof the U. States, and for which
Georgia has presented no claim, as a condition on which she
is to be paid a claim, for which provision has been made by
Congress. My correspondence with the Secretary of War,
and the Third Auditor of the Treasury, will place this sub
ject fully before you.
As requested by resolution of the Legislature, I opened a
correspondence with M'. St. Clait Clarke, Esq. ou the sub
ject oftlie claim of the State of Georgia, against the General
Gorertmient, founded on advances made by the State ro the
Georgia line,during tlie revolutionary war, which hai been
confided to his agency for investigation and collection. He
referred me to Dncumeut No. 1,090 of (he Hous.e of Repre
seutatives of Hie second Session of the 27th Congress, as
furnishing the best evidence of the proceedings had upon
the claim. This paper is to be found of file iu this Depart
ment. among the reports of committees of that session of
Congress, and will exhibit the views entertained uf relation
to it, by the committee on revolutionary claims.' Their qr-
gumeut is long and labored, hut its conclusions are not such
as flow necessarily from the premises. It is not my purpose
to review these proceedings, but it may not he amiss to call
your attention to certain parts of them. In June, 1784, Con
gress “Resolved that the several States should he credited
in their accounts with the United States, for the specie val
ue of all sums by them paid to their officers and soldiers in
the contineiial army, due from tbe United States, provided
such payment shall have been notified to the paymaster gen
eral, ana by him charged to such officers and soldicis, in set
tling their accounts with the United States; and said States
shall be allowed interest on the sums so paid, from the time
of paytneut."
In the year of 1785, the Paymaster General of the United
States, who was also commissioner of army accounts, re
paired to Georgia, and made a settlement with the officers of
the Georgia line. This State had «nade ad vances to tbe
officers, and it was for balances only, that were found to he
due them, that certificates were issued. These certificates
settled the old accounts with the officers, and it was on these
certificates alone, that payment could he demanded of the
Government, so that individuals could practice no fraud on
the Government, by demanding pay on the accounts which
had been previously settled by Georgia. The commission
er, by his certificate, did not put the claim on interest, and ou
this circumstance much emphasis is placed by the Commit-
tee. This certificate, however, ascertained un amount paid
by the State of Georgia to its officers and soldiers in the con
tinental army, due from tho United States, and the several
sums paid to each, were deducted from their accounts by the
Paymaster General oftlie United States, when he settled
with them, and were therefore charged to them, in the very
terms of the resolution. The sum thus paid by Georgia,
was credited to her, as contemplated by the resolution, and
therefore, under the resolve of Congress, bore interest from
the time that the State made the advances to theofficers.and
soldiers, and there was no occasion for the certificate tocon-
tain any specification in regard to the interest. The com
mittee express an opinion, that the conduct of the commis
sioner, in giving the certificate, tvas extra official. It was
recognized by tne Government as embraced within the scope
of his duties, acted on and affirmed by being carried to the
credit oftlie State. A doubt is entertained by the comrait-
liether this sum was not embraced in the settlemeutrc-
ned by the commissioner for the settlement of revolu
tionary accounts in the year 1793, and violating all rule they
require Georgia to prove a negative, that it was not so em
braced. They refer to the letter of the Secretary of the
Treasury of April 9lb, 1791, as establishing a presumption
of payment, from the statement which itemtains, that this
sum had already been passed to the credit of the State of
Georgia, in the books of the pay officer, and that it would bo
included in the statement of the general board of commis
sioners for selling the accounts ot the several States, with
the United States. But on the lOflt of January. 1797, when
the circumstances connected with this transaction were com
paratively fresh, Mr. Baldwin, advocating this claim in Con-
ress, declared that in July, when the Agent of the United
ilates came to Georgia, it was found that it was not included
in the statement of the board nf commissioners, as promised
by the Secretary. The truth of this declaration, was not
questioned by any one, and if true, the presumption of the
committee is changed, and the conclusion is almost inevita
ble, that the State has not been paid. 1 refer you to the a-
bove mentioned document for the evidence and argument on
every side of this claim. I have not been able to discover
any thing in this Department, which throws addt.ional light
upon it. I commend it to your consideration. If the claim
he unjust, it ought not to be persisted in: if it be just, Con
gress ought to award its payment.
Frem the vast number of applications for Grants to lands
under the actof.28th December last, it was fouud impossi
ble for the officers to issue them in time to prepare the books
for the sale of reverted lots, and the Commissioners whose
appointment was authorized, to complete their duties by
the time specified in the act. In addition to this difficulty,
itself insuperable, upon a critical examination of the act, it
was found that no provision was made for the protection of
the rights of orphans, and other persons laboring under sim
ilar legal disabilitses. The second section of the act con
tains the provision that its “ operations shall nut apply ta
lands drawn by orphans, until twelve months after the
youngest one shall have attained the age of twenty-one
years .only so far as to authorize the Commissioner, or
Commissioners, to issue a Certificate to the highest bid
der, as hereafter provided: but a Grant in no instance
shall issue on said certificate, until the purchaser shall file
the affidavit of two or more respectable witnesses, that
the privilege of the orphan, or orphans, under the pro
visions of this act have expired.” It appears then, from
the act, that the lands of orphans were to he sold, and cer
tificates issued to the highest bidders, but Grants were not
to be issued, until die privileges of the orphans, said to be
reserved under the act. were proven have expired. Upon
examining the law. it appeared that no privileges were re
served to orphans. This was so manifestly nn oversight,
that I determined to decline acting on the subject until the
matter could be submitted to your consideration- It is now
referred to you, with the recommendation that the lew be
so amended ns to protect effectually the rights of orphans,
id
aid he has had, he has not been able to perforin this service
I recommend that a resolution he passed directing the war
rant to be delivered, and tljat he be authorised to bring up
his books, and that suitable compensation he allowed him.
Judgements of forfeiture have been pronounced against
the Bank of Columbus, the planters arid. Mechanics^ Bauk of
Columbus, the Chattahoochee Rail Road and Banking Com
pany, aud the, Ocmulgee Bankpf the Staje of Georgia, un
der proceedings .instituted in-conformity to legislative enact
ments. Scott Cray, Esq. has been appointed receiver offlie
assets of the last named Bank, an unsuccessful effort haring
been made to obtain tlie services of three gentlemen to exe
cute the same office as required by the statute. I have ten
dered similar appointments to close the affairs of the ether
Bonks named, to several gentlemen at Columbus, whose ser
vices cannot be commanded on account of the heavy bond re
quired by the act of the last General Assembly. The inter
est of creditors and stockholders may possibly suffer by al
lowing the affaiwof tlie.se Banks to rfcmain in their present
condition. An assignment of its assets, it is Understood, was
made by one of these Banks prior to the judgment ot forfei
ture. but as the assignment was made,pending proceedings
agaipst it,aud manifestly to defeat the provisions ofthe sta
tute directing the disposition of it* assets, it is questionable
if it is not void. It is probably. I will remark, that its as
sets will be. as faithfully administered by'the assignee as a
receiver. The latter, however, would act under all the as
surance of good conduct, that a bond with security could af
ford, while persons interested have to rely on the individu
al character and responsibility of tjte former; for if he gave
bond to the Bank on receiving the assignment, that became
ineffectual by the nullification of the charter. Judgment was
awarded in favor of the Bank of Hawkinsville, in the pro
ceeding against it-
The publication of the semi-annual report* of the
Banks, has resulted in no advantage to the people, and
is attended with great expense. Their accounts oVe
often so made up as to bo unintelligible, and in one in-
stanen at least, the oaths of the officers ofa branch bank
hnve been wickedly used to cover their delinquency.
I would recommend that the hanks themselves be re
quired to pay the expenses of these expositions, or that
the law requiring them, be repeal-d.
All the official bonds of the former Treasurer, the late
Thomas Haynes, Esq. were placed in the hands of Au
gustus Reese, Esq., Solicitor General of the Ocumlgee
Circuit, for collection. McAllister ft Cohen, F. H.
Sanford and James Smith,' Esqrs., were employed Jo aid
him. The last named gentleman haring declined, Daily
As Johnson, Esqrs., have been engaged in his stead.—
The Solicitor General considered it his dutv to sue oti
the last of these bonds alone, for the entire defalcation of
that officer, and in which case a verdict has been ren
dered for the defendants. I have directed an appeal to
he entered. An appropriation should he made to defray
the expenses of ibis litigntion.
The bond of the Rev. Elijah Sinclair, former commis
sioner of the indigent deaf and dumb, has also been
placed in suit, and the professional services of William
V. Hanscll and F. H. Sunfotd, Esqrs., have been engag
ed with the Solicitor General of the Ocniulgce circuit to
prosecute the same. A verdict has been rendered in be
half of the State from which the defendants have appeal
ed. 1 -
A list of the banks whose officers have forwarded re
ports for October, is laid before you, and the reports
themselves are subject to.tlte order of the Legislature. .
I have suspended the operation of executions issued
b\- the Comptroller General, against the Monroe Rail
Road and Banking Company, for taxes for the years
eighteen hundred and forty-one, and eighteei hundred
and forty-two, on that part-of the capital of the Compa
ny employed in banking, upon the application of the
President of the Company, claiming un exemption, on
the ground, that during those years sin putt of the capi
tal was so employed. The correspondence with the
President is herewith submitted.
For reasons stated in a petition for that purpose here
with communicated, I have suspended proceedings n-
gainst the Tax Collector of Chattooga county, on an
execution issued against him and his securities, for the
year eighteen hundred and forty-two. The money will
he collected, unless further indulgence is given.hy you.
In May last, the Comptroller General issued an exe
cution against the Mayor and Council of the city of Co-
ltunbus, for the amount due tile State, bn tho loan to
build the Bridge at that place. The defendants made a
payment of thirty-six hundred dollars, nnd submitted a
proposition for indulgence bn the balance—copies of
which, with my reply, are laid before you for your con
sideration. ' .
Richatd \V. Elli9, Esq , in exploring the country, dur
ing the past summer, discovered that a parcel of land in
the twelfth district, of the county of Early, has not heen
surveyed, numbered, or drawn for. I lay before you
copies of n correspondence on the subject, nnd recom
mend tlujt he he employed to survey the same, on such
terms as you may consider reasonable and j ust; and that
it be disposed of for public use.
To carry into effect a resolution of the last Legisla
ture, an agent wasappointed to collect, for binding, hooks,
papers, and other public documents belonging to tlie
State, or any of its departments. Those that were col
lected, were not such as were deemed to be embraced by
the object of the resolution, and were not hound. If it
wns the intCRtion of the Legislature to imve had all
books, documents, &c., belonging to the State, rebound
where tho binding is much injured, several hundred vol-
, umes would have required -renovation. But such not
being die terms of the resolution.! did not feel nt liber
ty to extend its meaning. While on this subject, l .votild
respectfully suggest that the dampness of the basement
story of the c.ipito! materially injures hooks and docu
ments, that nrc deposited there. I would ■ fectrtnmecd
the construction of a fire proof edifice for the spfe keep
ing of nil the public books and records. Damage from
the cause above mentioned, ns well ns the danger of
their destruction by fire', would justify.the measure.—
Tho difficulties and embarrassments in which our citi
zens would he involved-hy the loss of public records,
nrc incalculable.''
I have been unable to hnve tlie cnpitol repaired, as di
rected by the Ins t Legislature, in consequence oftbe'
insufficiency of the fund from which tlie work was to be
(laid for. * .
By the net of eighteen hundred and thirty-eight, a
standing salary was fixed for the Military Store-keepers
in Savannah and tills place, but the pay of that officer
in Milledgerille was reduced hy the net of eighteen hun
dred nnd forty, nnd again in eighteen hundred and forty-
one. No appropriation was made, by the last Legislator
for him, nnd ns the two acts above referred to were con
fined to the years respectively which followed, he cannot
he paid but under the act of eighteen hundred aud thir
ty-eight. It being questionable whether it wns the in
tention of the Legislature to revive the former act as to
his salary, by n failure to make an appropriation for it,
I refer the matter to you for your decision. ^ '
James Gardner, Jr’.. Esq., the Attorney General, was
directed hy the Executive, in April last, to repair to the
county 6f .Muscogee and prosecute >'n indictment against
sundry individuals, nnd amongst them the Solicitor
General of the Chattahooceee Circuit, charged with a
daring violation of the law. He perforntrd the service
required
fioin d'
which
Nathan Green, comicted'of murder.befnr. .t"" *
nor Court of Lumpkin county, and sentences, .“V
cuted, Iras been respited until the fifteenth s ^
cetuber next. I lay before \ mi conies „f the , y . of t>e.
given on Ins trial, und of petitions fur an, .“'.'“'otv
pardon. H««t»t|^
I would invite your attention to the net for th
ment of the constitution pussed by the t; a **n4.
setnbly,for the reduction of the number t.f n* M ?*
the Legislature. It will beperccived.thntif
ment he adopted by you, it will tiecomc vouroi**"' 1 -
niake the arrangement of diSlricls nnd sbnoni™ ly
members, contemplated hy it, during font n, '“'of
sion, bv an net to lie introduced after^it «balt k****®^
adopted. There U but one mind among the .
regard to the necessity of this amendment. ’lw* ia *
forward to its adoption, with a degree «f ut,tu ■ ^
most without a precedent in regard to <to *>
public measure. All ngree that the proposed
ts demanded by every consideration cf patriotism ^
.dienfcy anti sound policy. It is a fact, estahr
our own, ns well as the experience of si«t f . r Si,',- ^
a Legislative Assembly less numerous rttanouix."*’^"
favorable to wholesome, accurate nnd eeonond l -'» l i*i' no ''
lntion. Tlie Legislature of Georgia, after the
oftbe amendment, will be more numerous tl a J" 01
of many of the more populous States, and the red •
of members.as now proposed, will not affect t|T»2**
pies of Representation ns nt present reguUted' S ^!l C, '
great object of diminished numbers and, conw^ ^
diminished expense, will be attained. The
pense of legislation may he estimated, in roundne^* 1 '
at one hundred thousand dollars unmiallv. Ati ^
umendmenr, and you reduce it one lutlf, n ' n 'd ,, 'Jf* fti
sions of the General Assembly will herealter lieiii«^
the cost of art entire session in every period of t»o ^
will be saved, and the heavy sum ‘of one bnurir-J****
fifty thousand dollars, now devoted to the
legislation, may he applied to the important
redeeming tho State from the thraldom of del,
this manner relieve the people from aportioncf theb ™
dens of taxation. Expedition in business will h '
of the consequences of diminished numbers,and 1*5
respectfully ask if all the legislation demanded hf'
necessities of the' State, might nolle -nccmrmh.c'j!'
tween tlie fourth Monday in November attd thek. ,
period of the adjournment ot the Legislature! [ro .
would be well to fix that as the day for the meeti», !i-
the General Assembly in future.
. The inability of institutions of learning, w ],kji;
pend on the meagre means to he derived from writ»
liberality for their endowment, to afford thcrouslro ”'
tific education, manifests both the wisdom of thsu
vision in the Constitution, which imposes onyouiJ j
ligation to provide for the promotion of the attg
ences, nnd the necessity tlmt that patriotic dun
be faithfully executed. I commend to your liberal • -'
tronage, the institution which is peculiarly (he Statl"'
and that it he placed in a condition lo enable every
gian to find al home, all the facilities for mentalcuhn»
that are to he had in sister States of the Union. ™
For my views in regard to a system of education lot
the poor, I refer you to a full cominunicstica oj
subject placed before the last Legislature. Refiectka
has confirmed the opinions then expressed. One In-
... . impression on too
ely, that would soon be seen in the moral nnd mtellecto
of improvement of the. people. Such men, addins a.
periinent.il and practical knowledge to that aeqairtt'
ild become valuable accessions to 0; ,
idiots, lunatics, and others in tlie like condition. The request to he transmitted to you, hut they were
scarcity of money has, no doubt, caused the forfeiture of a too late to he copied for that purpose. They a
great many lots drawn in the Cherokee gold and land lot-
teries, by persons in indigent circumstances. I would re
commend that twelve months, at least, be allowed drawers
Of lands in these lotteries to take out tlteir Grants.
The Surveyor General, not having recorded all the plats,
on which tlie numerous Grants for lands, have been issued
during tlie year, 1 have been constrained in obedience to a
resolution of the Legislature, to wilhold the warrant for his
last quarter’s salary, though 1 am satisfied that with all the
dinary service, performed nt considerable expense, out
of the limits of his Circuit, I recommend that, in con
formity to uniform usage, adequate compensation he
made him,
A vacancy in the office of Jude of the Cherokee Cir
cuit was occasioned in March last, hy the sudden death
of that efficient nnd meritorious officer, the Hon.George
D. Anderson.. John A. Jones. Esq., ol the county of
Paulding, was appointed to fill his place.
The Solicitors General of the Western, Chattahoochee
nnd Southern Circuits, have resigned tliir respective
offices. In place of the first, John W. Wilson, Esq., of
Taliaferro county, was appointed; for the Chattahoochee
Circuit, John M. Belhune, Esq., of the county of .Mus
cogee, wasappointed; and for the Souther Circuit, Wil
liam L. Morgan, Esq,, of the county of Lowndes, was
appointed.
I lay before you the copy of a letter from Brigadier
General Andrew J. Hansel, resigning his command of
the Second Brigade of the Seventh Division of the Mi
litia.
The office of Brigadier General of the First Brigade
of the Thirteenth Division of the Militia, lias been va
cated by the removal of General Brockman W. Hender
son from the brigade.
Early in the year, I issued orders to the several offi
cers in command of Military Divisions, to cause returr s
to ha made to me of the effective force of earh military
district in the State From the almost total neglect of
militia duties, it was found (hat this order could not be
executed. I invite your attention to this subject, with
the hope that efficient measures will bn adopted ro insure
a more perfect organization of the militia.
The recent failure of a Court Martial, ordered for the
trial of a General of Brigade, against whom charges
were preferred, furnishes additional evidence of the ne
cessity of strong measures, to insure strict attention to
this necessary branch of the public services. Officers
were detailed as members of the Court, who appeared
to bo in commission by the recorfls of lilts department,
but who had resigned many months ago; some of those
in commission were prevented by sickness from attend
ing, and others, from causes nnknowo, but which will
bo investigated, did not appear. A new Court lias been
detailed to sit in this place on the fifth Monday in Janu
ary next.
During tlie year I-have received from the General
Government standard tneusures, and also weights ol the
smaller sizes.
I have also received a large number of copies of the
Census nnd statistics of the United States, which it is
presumed you will order to he distributed for the infor
mation of the people.
1 have received the report of the commissioners for
the improvement of the navigation of the Oconee River,
showing an unexpended balance iu their hands, of six
teen hundred and ten dollars and ninety-eight centR,
which they say is composed entirely of the item of in
terest.
They lmve returned a journal of their proceedings, a
map,and nn account current with vouchers, which they
civ It roil I ,1
purpose, i tiny arc in this
Department,subject toyour inspection.
I lay before you the copy of a letter, ftotn'certain citi
zens of the United Slates, resident in Paris, directors of
the American Alheneum in that city, cstnbli-hed with
the most liberal objects towards tlteir countreymen who
may sojourn tligrc. Titov ask for a complete set ol our
State laws to the present lime, anil any other documents
connected with our legislation aud statistics—u request
that you will scarcely’ refuse.
from books, wou
State nnd National Councils.
Our penal laws require amendment in severs! inner,
tant particulars. It is held, under existing is» f ,
upon the indictment of a bank officer for tlie fro bruit,
ment of batik or other notes confided to Itis chart! rk
notes embezzled must he described in the bill oljsija.
ment and proven on the trial, by their amounts, nooifs,
&c. Their genuineness must ulst^he established,
strictness has been held necessary to protect the tats
ed from a second prosecution for the same offence,stilt
the impossibility of a conviction uuderir, leaves sociat
open to the rapacious altat ks of the faithless and trick
ed. The bank officer who, having the custody of in
notes, applies them to his own use, is the anlv pran,
perhaps,.who could identify them and furnishiheiim
of his conviction. If he purloins and passer, tbfati,
it becomes impassible to distinguish them from owt
properly paid out by him in the ordinary coutseofLsi.
ness, and no matter how great the outrage or atrocious
his delinquency, he escapes unpunished. This gUriig
evil, which extends to thefts of hank notes commititi
by any individual, should be remedied. Tbe genuine,
ness of the stolen or embezzled note, shonld is ill cun
be presumed.
The frequent abuse of trusts, hy executors, admits,
trators, guordians and other functionaries, bv the m,
or misapplication of funds and property conftdrd toihu
management, is nn evil which requires correction. 11*
secuiitv requireffbv law, under tne ever fluctuairagt»-
cumstances of men, has proveu an inadequateproirctn
in many cases, to that class of dependent persons tk
the law pronounces iucapahle ot acting fur thcnwlm
Toguard such persons from wrong, the powerful uaii
the law, should be extended. Fidelity should lee-
forced by penal enactments, and this additional AW
thrown nronnd the interest of orphans and others, iatic
like legally helpless condition.
A new species of fraud has recently grown up inw
lease or "purchase of lands from irresponsible perstit,
known to have no title, or a defective title, merely is
the purpose of obtaining possession and comniiitis? im
passes. There are cases also of injury to rail tstw,
for which ordinary civil remedies, instead of affording m
dress, on! v aggravate the wrong by theaccaowhtW
costs. These evils ought to he suppressed by suitdit
legislation.
Tltc law to prevent the use of deadly weapons hn
exerted a happy influence on society,yet it hss notl«-
so efficacious in the prevention of crime as -a ns ei[vn
The fault is not so much in the law, as in the citScalty
of its enforcement. Those who carry such rnf*
whether concealed or openly,-do it for the purpose eitte
of committing unprovoked violence, or for being iW
to resent, unto death, slight assaults or personal iusuiu.
If the evil is to be eradicated, you must strike*!™
root. If the use of such weapons was made cooclasw
evidence of malice on the part af the accused, on al. te
als formurdcrund assaults with the intent tom*
the happiest cousequences might be expected tom* 1
to social order. ., .
Our law for the purpose of providim nnimrertalw
bunal for the trinl of criminals, has established > nurtl
which to test the qualification of jurors, which, **
practical operation, is likely to subvert the fuixleino®
rights of society. The object of the law, to erc/stfc
the scat of his judges, all persons who entertsin pet*-
prepossessions for or against an accused, or who l* n
prejudged his case, is- unquestionably jast andpmP*^
out for the accomplishment of thisobjbet, a niJei* -“j
down which is unreasonable, wrong, end ntinotrt >*j*
tendency. It ought to be altered. On all trials K
crimes when the punishment is death or imprison!** 1 *
the Penitentiary, jurors are required to answer o«o®
if they have formed nnd expressed an opinion iu trfC-
to the guilt or innocence of the prisoner."
pretation of this rule excludes men ftotn serving cuje I
ries, who arc honest, capable and conscientious. I*
ever active human mind will draw conclusion* M
facts stated, and often the expression of opinion py -1
individual, does not extend beyond tho declerstrj* ,1
the law, “that he who commits murder shall di*i If!
yot ho is declared incompetent. The rule fl '°° I
changed. Itis unknown trt the country whose c L ;l
law w e have principally adopted as our own. *“■*•’ I
al of the States it is not allowed. It screens tlrt p* I
and perverts justice. It reflects upon the inlf?™- I
the free citizens of the State, and ministers to rkTI
trivances oftlie artful and cunning. It rri)dfrsd®“*r
and, at times impossible, the trial of persons cro,-
with the commissi n of crimes under circutMt***’
great atrocity. In changing the rule, however, My'
uiiml object ofimjtnrtial justice oueht not tobeov ^
cd. Individuals entertaining feelinga ol P 1 ' r .*>'p. j L
tilitv, or whose minds nrc imbued with P rr J ul |,
incapable of awarding a righteous judgment, aDd
not to be forced upon the accused. Bui the <"
of opinions formed upon vague rntnoiir. '.i- 1 .' 11 i
ed l>_v evidence, ought not to disqualify iarotI
free from persoual bias.
While ot this subject, I wonld repeat a re
tion heretofore made, that all persons, wbetntf, .
Grand or Petit Jury list, lie required to sero - '
for the trial of offences of the higher prw - .
enmmiurd bv white persons, free pers '
slaves. There is no sufficient reason* why 1 ■
ous duty should he imposed exclusively on ■ ,
zens who are selected ror Petit Jurors. A«« n *
al improvement in the administration of enmity*
I would also advise, that the Coat t lie '‘ d 11 ,! . '
cases w here talesmen arc necessary. to . ra"
the Jury box. _ . . , c ;-
The attainment of justice, is the princip* 1 *j ,
Government. If nations in their intercourse
other, were to observe strict justice, there " f ,
f nations. It iodin. «»»*
ight dispense
would be no need ct^,
necessity for the law of
regard tltesame rule, we mi
and criminal code. There v.—— -
But such is not the case. In our itnperic- *
are compelled to have both laws and a ; rfrfj
them. These laws are necessarily the sttnj ^ tj
struction, nnd t tie- constructions have the* , tfcirf
furcr of law. 11 is essential to tin*
seen therefore, that these constructions shot*
tain and stable as the law. They should ^ peg
If they have not these attributes, there
stability nor uniformity in the law itself- c.jijble. ^‘ .
trators of the law nre neither perfect nor it) - '^•,.; c h *-
urc liable to err. A community 11)ere cere |
eleven judicial heads, lias clc'yii sy-y L “ "
none of them perfect. Eneli judge is
own district, construing ns he pleases, ; ^,
trolling influence to any opinions hut Die
over-ruling them. Such a system J 3 r!U ,~ r flijt
so intolerable, that itis n mattei °* f ip£lf
lightened people should submit to tt fo
Yet such is the judiciary of Georgia- .- f
provides for its amelioration, m .terms •
obligation as tiny part ot ilia
been carried into effect by legislation* .: PC i,s* .
been done. * ,h8 ^
otnmeua
correction «. v.. — * ,
suro sperih and uniform jn slice to u- -
least possible expense in tiaattahimcat. ,•
The very limited demand lor tne ‘ ‘. j lT ,,f i-- ‘
tennined bv our court*, published by <’■' * fn :
lature, is evidence that ihe bem hts
ie. I call vonr attention to the ■ -*i ft f t I
the establishment ofa Supreme 'I
>n of errors, which, in it L‘I