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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