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MACON, NOVEMBER 9, 1858.
VoLorE XXXIII—No. 8.
Tin: oFMGLymmimi
lit:
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DA V MO ItNIXO.
TR CM-*:
I,(11.1.AKIN ADVAN(.'R
..,-vcry <ms > when' the .iilisc-ription
,1 cult or lilt- I
i>„m the Unity Federal Union.
^ n «'n TVTOCOQ ri'O try must necessarily remain subject to panics, un-
jOVSrnOI O ilicooag C. Jer heavy pressures, nntl at certain, if not frequent
Raw ITIYK PEPAKTilWt, j
MilledRtviUe Sot. f.rd, 1 856.
■ r.li-./nt >r //.' SrvnU ■ ’'f,,
,11,'! 1! . «• <'/ K, jifctentalire* :
in!., iin' much pleasure tu be able to state
financial condition of the country isgreat-
ihc adjournment of your last
Previous to that time, the commercial
7? ,. £ rn »t' il by a general suspension of specie
..j* the luvnks of many of the States, in
i'.■ r.o-t Ol tlie 'tanks of ibis Stale, attended
v A tre .. and loss of confidence, had depressed
i-Criu ef ottr people, and seriously affected all
' interests of our State.
“ -> •({ d.iv of DecemberInst, both branches
., . tirneral As-unbly passed, by a constitution-
nl , without Executive sanction, an act cn-
■ art to I rovide against the forfeiture of
cirri! hank charters iu tiiia State on account
on-Kti*' ptyieent for a given time, and for
r nuroows therein named. This act made it
ttuivofdw Governor to withhold proceedings
L .j 0 tc t of j« !■< for the forfeiture of the clmr-
L '.‘ueh h""'-‘ ill tilia Stale as had violated the
I .aid acre in a .tato of suspension, until the
t ,; 1V of go. present month, or till thehappen-
of certain contingencies mentioned in the act.
j. vir«- donbiles*. of the great imposition prec-
j open the people bv the banks, in taking from
„ nlorv under the name of exchange, and oth-
he the usury laws of this Btate, so far Map.
hi,, to banks, were changed by the eighth and
* ,:i sections of said act; by which ilia made
dioranv !>ank or bank agency, by itself, its
or agents, directly or iudireetly to loan
i .,i a greater rate of interest than seven per
: ,-r annum, and at that rate only for a longer
,‘rt, r time; or to discount or purchase notes,
■- or elide aces of debt nt a greater discount
•cu'ii per cent, per annum. And all notes,
1 drafts and contracts of every sort whatever,
en for money loaned at a greater rate of jntcr-
thuii semi per cent, as well as all notes, papers
•iHer.ee-of debt discounted or purchased in
ti,.n of said act, aro declared to be utterly
tad void, and irrecoverable in law.
* tilth section of the act regulates the per
«ioi a Inn!, may receive for exchange, when
a tills are tendered atitacoiuiter in payment
or, by a citizen of tins State.
sections containing tlicae provisions were
. inserted in the act for thopurpose of pro-
: the people against the usurious and exor-
, actions of the banks. And to prevent, as
.••slide, violations of the act, in the purlicu-
ve referred to, ills enacted bytlie eleventh
that, •• The affidavit of bank oilieorti to
mud and scnn-nmmal reports, shall, in all ca-
. that the hank of which they nre officers, has
-. If, its officers or agents in any particu
itcd the provisions of this ai t." And the
< .ution makes the offence perjury, should
ifiiccr* swear falsely in makingtiicirrcpoits.
...iriiig of bank officers the solemn guaranty
mill, under heavy penal sanctions, that the
i. not been violated hy them, the Legislature
•At Mii-vcd they had protected the people
■t .inli illegal practices in future,
V jgh I withheld my sanction from the act on
nit at other objectionable features in it, and
munit of the doubts I entertained n* to the
iiutioimlin of portions of it, I have no doubt
din welt portions of the act as prohibit the
g of am; by the banks and regulate the
n r of ttuUiig their annual and semi-annual
Is; which apply alike to all banks in the State,
)i;i coiutiitmoiisl and expedient. Kntcrtain-
tlirsr viion the 1st day of June last 1 is-
Iror j nc!miatiort calling on the banka to make
rtturti- according to law, and to comply with
•leveath -ution of the act of did December,
As tills .vet had been passed by the Legis-
: nuirir forth®relief of the suspended lianks,
it t!»' earnest solicitations of their friends, I
r son, in common with all law nbiding citi-
i r! the State, to suppose that they would
r c',Corfu) obedience to all its requirements.
* ih much regret, how ever, that 1 have to
;• the Legislature that by far the grenter
mf tbe banks whose suspension had been
irgviwj, and whose churl era had been so
■th rtlipTod from liability to forfeiture, in open
- of the statute passed for their relief, as
•ii t!s oaiiks in tho State which had not
rtuW, either neglected or openly refused to
the and make their returns as directed
I tire mandate of the statute; thereby
!• iii't'ivos in a position of defiance to the
--.oil authorities of tho State,
agate of tilings 1 issued my proclamation
•hi by law, publishing the names of such
banks, ami notifying the Treasurer of
■,« their hills would not be received ill
cl taxes, or of any debt due the State ot
lb! hank until they should comply with
■ w 1 make t! eir returns as directed by the
; uni this they have hitherto neglected'to
Ii i> evident, i .tercforc, that the penalty of
hat thiir hills, now prescribed by law for a
v vu mate their returns, is not sufficient to
*1 ' i i • to the requirements of the slat
ltori ,„. uc 0 y tbe banks have made
f !>r t a ; - 5 , sri nm j by disregarding in other
bb ; • act ot did December last, tiian they
wt hr suffering the present penalty for not
a; return. i n accordance with existing lows,
r ikr|us 0 ,c 0 f compelling these corporations
tU "'vd.rnee to Urn law in future, J respect-
reeoTnir,that the penalty for disobedience
‘'IfHiirl in addition to the penalty already
n lint a ta S 0 f two per cent, a month up-
summit ol the capital stock mention-
tie darter of each delimiuent bank be levi
“t'fiifttrd in gold and silver for the entire time
- *U:i snv MH-h bank may in future remain
•’•sh of ili.ohcdici.ee, and fail to make its re-
*' i&tcted l.v the statutes. There can be
■ won* n in wealthy cor|ioralions should be
■i'f at their pleasure to set the law at defi-
‘•‘"' irxiiviiluals are couijieHed to sulTer rig-
tr-ealti,.* for its violation. The mandate* of
* *®«M be obeyed us promptly and implici-
i' r mo.I influential and wealthy as by the
'"• asJ most needy. This is republican ciiual-
* our people should be content with nothing
'Uer had the act of Utlil Ifoeember, 1837,
"Cvl, than the banks, forgetful of their
•• to expand their circulation, to discount
w! relieve the country, refused to discount
v ver good, w hen oflorcd to them in a 1c-
iiiurse of hanking business, or to extend
’ -.lions to any except perhaps to a favor
*• .,di a* cotton buyers and other specula-
■etrluata and others compelled to have
, «*W, were generally nimble to ob-
., °[ 'ftia three per cent. The price of
' i-ivlia^ al |d monetary distress liecamc
•-Mug!,on, jjnate.
tidog tints abused the generous con-
^ in them by the Legislature, contin-
t i, *•*■' b ■nclits of tiro suspension long
i i" ®f the great cities of the North and
" - •'•r-mcil specie payment, and until the
j-'ntUun of an injured ta'ople expressed
" < i-ublic ;,r,ss, by public meetings and
n,’ ( ' V40| c >o preraleut that tliev felt com-
- ir „t future consequences to retrace
V. ill-1 curtail the speculation they otlier-
; «e made out of the suspension. Tliev
v-^rwrrd to re.nine on the 1st day of
, ! “ baitting, liv their resumption six
no ”,*4 01 the time fixed by the statute,
, v i nr, 'i.jty as they represented to the
Ji_. " tr did exist for the passage of the
, ' -wnim of great ability and worth, who
j i', ' °foiie ot tiie most important and in-
fliii -. !'V ni , the State, in liis report of May
: g, '.‘“••'•Siting for the suspension, and re-
lid11 '?“'■• that the legislature had given
•it*| L , ^ of November, says: “Our banks,
>d, 0 r ‘he supposed odium of suspension,
t ].. ^“'eoatho 1st of thepreaent month,
ro-ji * ,|r "‘f-rence, therefore, that the
-.. j’i 'J Tt ' ontinqcd the auspensiou till the
t... t : 'o art for them to resume ; but for
li. ’ Hhiic opinion, and their imiiatunrr
“uoa | odium of suspension, 1 ’ Pub-
!*;• tliUs compelled tho baulcs to re-
tilDe hxed bv the sutute, and the
we, as rational men, should
“- v vxpcnonce, and try to provido as
"u?,*** abuses of their puvflegcsby
s "**«">< in future.
idV.*® ““ l he deuied by any one, that
Wv,, 1 ’' 11 (ou liberal and unguarded grant
rKin , and privileges to moneyed
kiaf,,. Au d‘t islielieved that a future ex-
* tiwould soon enable thtse mo-
-A-ti , ,ro * *he government of Georgia,
"xadv „, p fdie subject* of their power.
. aitucd ’iy soma tint they now bav«
ventions and elections of our State, and in this way
to crush those who may have the independence to
atand by the rights of the people in opposition to
their aggressive power. ) trust that the bold, in
dependent nnd patriotic people of (Icnrgia may
never tic compelled to bow the neck in subjection
to the yoke thus intended to be inqiosed by tltc
corporate powers of tiro State. Let it not be for
gotten however by those who have watched with,
anxiety the growing power of corporate influence,
that the price of republican liberty is perpetual
vigilance.
The monetary and commercial affairs of the cuun-
. —. iy tows that they now have
• COUlljinAtmna anj ^ ftf) USC Of
tho political con-
mg,' /'““binationa and
“ on *5 to control tl
intervals, as long ns our present banking system is
continued ivitli its enormous powers ami privile
ges, which have been enlarged and extended by
legislative enactments, chartering new banks
from year to year. The people should take this
subject into serious consideration and pronounce
pnon it a calm and deliberate judgment. Every
intelligent person must admit that it is impos
sible for a bank having a paper circulation
three times as large as the amount ot its spe
cie, to redeem all its bills in specie ou demand.
Should all its bills be presented for payment at any
one time, and tho specie be demanded, it can then
redeem but one third of them. In that case, if
the bank bos sufficient assets, or property, the
other two thirds may possibly not* be an ultimate
loss, but payment must be delayed till the money
can be realized by a disposition ot those assets anil
property, which may not bo till the end of a lengthy
and uncertain litigation. It is clear, tliereiore,
that our present paper currency is not a currency
convertible at all times, into gold and silver upon
presentation ; and that only one third of it, should
payment be demanded on rxll it one time, can, in
the nature of things, be so convertible, so long os
the banks Issue three dollars in paper for one in
coin.-
In my judgment no paper currency issafe which
is not so regulated as to be all times readily con
vertible into gold and silver. It is true our peo
ple, by a sort of common consent, receive the bills
of the banks and me them as money, though in
reality they rest upon no solid spccio basis —But
sad experience has taught us that sueli circulating
medium subjects tiro country to panic at the first
breath of distrust or suspicion, which may lie pro
duced by the failure of a single bank having a large
circulation and extensive connections with other
banks, and may widen and extend to the prostra
tion of the credit of tiro whole country. Such n
currency, having no solid specie basis, can be a-
vailnblc only so long as the community will con-
sent to receive jirmnur* to /xry ./icmry in j,lacc of
uitmeg ittrlf.
The people take from tiro banks their bills
tiiotui/. The banks receive interest, and often ex
change upon them. When requirej to redeem
their bills in specie, they suspend, if they choose
to do so; and then, if an attempt is made to coerce
payment in specie, they resistit holding a rod over
the people hy threatening to make them pay upon
a specie basis the debts contracted by them for the
bills of the banks; not withstanding those bills
when they received them, rested on a basis of one
third specie. The high prerogative of exercising
banking privileges, and issuing their own notes or
bills to bo circulated as money, not resting upon
any solid specie basis, is secured to the banks un
der our present svstem of legislation as an exclu
sive right, while the exercises of similar privileges
upon like terms is denied to all individual citizens
ot the State by stringent penal enactment-.
The privilege of using their own notes as money,
gives to the iavored few who enjoy it, immense
advantages over their fellow-citizens, and may of
ten enable the managers of these corporations to
aniaaa great wealth bv their high salaries and large
profits. It may however be said, thatmnny of the
stockholders nre widows and orphans, that the
stock is in the market for all, and tlmt the divi
dends arc not greater than the profitsrcalizedfrom
other investments. This may he admitted. In
deed, it seems in practice, to he generally true that
corporate privileges <lo not result so much to tlie
benefit of the mass of stockholders as to the bene
fit of the few who manage tiro corpora tine. To
estimate correctly the profits made out of tho peo
ple by those engaged in banking, we must not only
count the dividends of seven, eight or ten percent
distributed among the stockholders, but we must
also take into the account the banking houses, real
estate and other property purchased out of the
profits of the bank and lield by the corporation.
Besides, we should consider a reserved fund of two,
three or four hundred thousand dollars made up of
accumulated profits, and often kept back bj our
larger banks and not distributed among tltc stock
holders, together with the high salaries of all the
officers of the bank, which must be paid before
any dividendsnre distributed.—These sums, though
made out of the people by tha banks, are nut f-e~-
innuallv divided among the stockholders. To
these add all sums paid to attorneys, agent*, &e.,
and all amounts lost by defaulting agents, which
while they cannot be set down as profits of tlie cor
poration, .'nice neither its officers proper nor its
stockholders arc benefited thereby, are still sums
of money which, under the wqrkim?a tlie sys
tem, are drawn by the corporation from the pock
ets of tlie people.
To all this add the largo sums lost almost every
year, on account of broken banks, whose bills are
left worthless in tlie hands of tlie |ieople, xvho have
paid full price for them us money. And take into
the account tho further fact that the State, in 1818,
and 1 SI!♦, issued $515,000. of her bonds to meet
her liabilities on account of the Central Bank $210,
000 of which arc sti'l outstanding. And that in
1855, she issued $48,500 of bond.* to pay lier in
debtedness on account of tlie Darien bank, which
are still unpaid, making $280,500 of bonds on ac
count of those two batiks which still remain a por
tion of the public debt, the interest of which is paid
annually out of the taxes of tho people—and we
may form some estimate of the amounts which tlie
people of Georgia have paid and continue to pay
in taxes, and suffer in losses to sustain the bank
ing system.
Again, in many instances, those who control the
corporation may’have great advantages in being
able, if they choose, to obtain such accommoda-
tions na they may desire, by the use of its funds,
when a favorable opportunity for speculation oc
curs. The dividends paid tostockliolders are there
fore no proper criterion by whicii to judge of the
advantages cf the corporation to those who hold
it* offices, and control and manage its capital and
its operations; or of the sums lost by the people on
account of the workings of the system.
Thus far I have discussed this question upon tlie
supposition that the liabilities do not exceed three
dollars for every one of specie actually on hand
in tlie banks to meet and satisfy them. This sup
position ia more favorable to many 'of the banks
than facts will justify. The law of their charters
only requires tliat tlicir liabilities shall not exceed
... in . <i.in Af utiiviliil kfnt'k nutilill-
its bills be justly considered safe as a circulating,
medium, or <m isonry, if >* cannot redeem them
promptly on demand
In consideration ofnll tiro imperfections and.ibu
scs of our present banking system, 1 am of opin
ion tliat wc should do all in onr power to bring a-
bont its complete reformation, and if this be not
possible, we should amindon it entirely. I am Hie
advocate of no harsh measure that would either
violate the legal rights of the present corporations,
(liow ever unwisely they were granted,) - or that
would bring distress upon the people, by a Midden
return from a paper to a specie currency. A re
formation so radical, if attempted, must be the
work of years. If the legislature would continu
ally refuse to charter any new- bank, or to enlarge
the capital stock of, or ii-farter any bank now in
existence, tlie system would gradually work -itself
out by efflux of lime; and we might, without any
sudden shock, return safely to the currency of the
constitution, plant ourselves upon a firm specie ba
sis, and rid ourselves of a system against which
the great and good men xvlio conducted the rev
olution and formed our constitution, intended to
guard tlicir posterity, when they declared in tlie
constitution that nothing but gold and silver coin
should be made a legal tender.
In two of the .States of this Union banks arc
prohibited by constitutional provision ; two others
have no banks, and another had but two small
banks, whose charters it is said, have been for
feited by the late suspension. And I am inform
ed upon wbat 1 consider reliable authority, tliat
the late commercial pressure was comparatively
but little felt within tiro limits of those States.
Should onr people determine, however, to con
tinuc the present banking system, and to charter
new banks, increasing tlicir number and thereby
increasing tlicir power in the State, I would res
pectfully urge the importance of guarding all char
ters with much greater stringency in the future.
Let tl^e charter of each provide tliat tlie entire li
abilities of the bank shall, at no time, exceed three
dollars for every one of specie actually in its vaults
and bona fide the property of the banks on pain of
immediate forfeiture. Let the simple fact of sus
pension of specie payment render tlie charter ab
solutely null and void. This would deter them
from engaging in such wild speculations and ever
issues as compel them to suspend in case of pres
sure. Let provision also lie made that ail execu
tions issued against the corporation may be levied
upon the property of any stockholder until the
creditor be satisfied, leaving the stockholder to his
legal remedies against tlie rest of the stockholders
to enforce contribution suiting themselves. Let
the bills of tlie banks in the hands of tlie people
at the time of suspension, hear interest from that
time till paid. And let the Legislature retain the
right, by express reservation in tlie charter, to al
ter, modify or repeal it at pleasure. In my opin
ion it would be best for the Legislature to refuse
to grant a charter to any corporation for any pur
pose whatever without retaining a similar power,
should its exercise be required by the interests of
tlie State or the public good. Il the corporation
is unwilling to trust the people with this repeal
ing power, liow milch more should the people be un
willing to trust the corporation without it.
rBomr.iviox or suat.L hills.
Several of the States have already passed laws
irohibititig the emission by their banks of small
dlls. I once entertained doubts whether onr Lcg-
siature could do this without a violation of the
chartered privileges of the banks; but on more
mature reflection and caicfnl examination, those
doubts arc entirely removed from my mind. I
therefore recommend the passage of a law pro
hibiting tlie emission of small bills by the banks of
this State and forbidditig, under heavy penalties,
the circulation within this State of bilis of a like
denomination issued by banks of other Suites. Such
an act might prohibit tlie circulation of all bills of
a denomination under ten dollars, after twelve
months after the passage of the act, and those of a
denomination under tw enty dollars in six months
thereafter, or at snch other stated times as might
lie thought best, so as not to embarrass the busi
ness transactions of the country. The effect of
such a law would be to cause smullbillstobe with
drawn from circulation, anu as they must be I
deemed by the banks witli specie, the specie would
go into circulation in their stead. This would
cause gold and silver io takethe place of bank bills
in all tlie smaller business transactions. The labo
rer would then receive the price of his labor in
gold and silver, tlie fanner of small means would
generally receive the priee of his produce in gold
mil silver, which would remain good however much
auk bills might depreciate.
srB-TKK*srRY svsTasi.
three dollars for every one of capital stock actual
ly pttiil i:,; and not three dollars for every one of
s'liocie on hand to meet those liabilites. As an il
lustration of tlie error of our present legislation in
incorporating hanks, suppose the amount ofthe cap
ital stock of the bank be limited by the clffirter to
$5(10/100 which is to be paid in, in gold and silver,
by the stockholders. The charter then provides
tliat the liabilities of the bank shall at no time ex
ceed three times the amount of the capital stock
actually jm»W The Stockholders pnv in tlie
$.M a ip a si, in gold nnd silver. Theifircetors ofthe
bank may then, without any violation of tiro letter
of the charter, incur liabilities against the bank to
any amount that does not exceed$1,500,onO; and
tliat too, without anv obligation on their part to
tell ill their vaults the $500,000 actually )«,id in
or a like sum. If they should take out $inn,oon
of their specie and invest it in real estate or other
property, leaving hut $100,00" of specie in the
vaults, tliev may still contract debts to the amount
of a million and a half, and may point in triumph
to the language of tlicir charter, and to tiie fact
that the $500,000 of capital stock was once actual
ly paid in as tlicir authority for sodoing.
This lunik legislation or our State docs not seem
to hare been wen understood by our people. They
have generally believed that our banks, by the let
ter of their charters, were required to have on
hand at all times an amount of spccio one third as
largo as the entire amount of tlicir liabilities, me
banks Imre understood the matter very differently,
and have not onlv claimed, but exercised the right
wlien they regarded it tbeir interest to extend their
liabilities far beyond three dollars for every one of
specie actually on hand to meet those habmties.
Bv examination of tbeir roterns made to this J'e-
partment in October, 1857, it will bo seen that at
the time ofthe late suspension of onrbanksinAu-
ensta and Savannah, the liabilities of one of them
for bills in circulation nnd individual deposits, ex
ceeded Mirfren dollars for every ey dollar of both
specie and bills of other banks winch it thou had
on hand. Another had only one dollar in fparte
in its vaults for crery dollars ot >t*
ties for bills in circulation and deposits. Atfothcr
had not owe dollar in fperie for ttvery ..-irs of lia
bility for bills in circulation and deposits; and an-
other had onhr tmt dollar i* > or every e»cv-
en dollari of iu liabilities of tho character men-
Ucned above. It is true these banka had other as
set*. but those assets were not money. The qoes-
tion naturally suggrets itseir, how cansucha car-
rency be convertible into gold and silver—tne
money of the constitution—on demaud « Fe
tation? How can a bank
cash liabilities for every ono dollar m specie, or
even offive dollars for one, pay itliabihtiesproiti?^
Iy on demand ? It is Impossible. And how can
I also beg leave to call the attention of the Gen-
ral Assembly to the propriety of establishing by
law, a svstem for our
urj system mine united States, the wisdom of
which bus been fully demonstrated by the benefi
cial results of its practical operation. I earnestly
recommend the adoption of a»ch a system. Let
all payments into the treasury, after a reasonable
time to be fixed by the Legislature, be made in
gold and silver, and let the State pay tlie interest
upon lier public debt, tlie salaries of her officers,
the per diem of her Legislators, the money due
the several comities for school purposes, together
with nil hor other liabiltit-s. in gold ami silver. Of
course the system should go into operation gnul'
ally. This, in connection with the prohibition of
the circulation of small bills, would keep out of
the banks and in circulation among the people a
large amount of coin, placing the currency upon a
much mors solid specie basis—making the people
more independent of banks, and enabling them to
witlisiand tlie shock with much less injury in ease
of a commercial.crisis and bank suspension. It is
believed tliat noscrious inconvenience could result
to the tax payer from such a law, as tiro gold and
silver paid into the Treasury by those indebted to
tlie State, would he returned by the State in tlie
payment of her debts due to her creditors, and
would again go into circulation among the people.
Should any inconvenience be apprehended in tlie
transportion of specie from the treasury to tlie
Creditor, provision might be made authorizingcar-
tificates of deposite to be issued, which might be
paid to tiie creditor at liis request in place of tlie
coin. These certificates of deposit might be of
such denomination ns the Legislature may pre
scribe, handsomely engraved upon steel plates,
which plates should be deposited in the Trcasury
for safe keeping. Each certificate might be signed
by Uic Treasurer and countersigned by the Secre
tary of State, with the impression of the great seal
of the State stamped upon it, and a register of the
issue of each kept in the Treasury to prevent coun
terfeit. These certificates might lie made payable
to the person to whom they first issued or to bear
er. They would supply the place of b-nk bills so
far us tiro conveniences of a paper currency
are concerned, while they would be subject to none
of the fluctuations of value and the uncertainties
of bank bills. They would be taken at the op
lion only ofthe creditor in place of gold and silver.
The gold and silver, dollar for dollar, would, when
they were in circulation, remain in the vaults of
the Treasury to redeem them when rctnrueil to it.
These certificates, thus predicated upon coin iu tho
Treasury, dollar for dollar, would be receivable in
payment of taxes or of any debt due the State.
They w ould be a safe medium of exchange, and
would, to the amount of their issue, be a paper
currency nt all times convertible into gold and sil
ver upon presentation at the Treanurv. Each dol
lar of paper would have for its basis a dollar of
specie in the Treasury, and ns the faith of the State
would pledged for tlicir redemption, it would lie
impossible for any citizen to sustain loss upon
them. They would be currency at sill times and
under all circumstance* of uniform par Talue. This
would render tiro gox-ernment of the State entirely
independent of all lianks and hank agencies, and
would in a very great degree destroy the power
of the lianks over the people, whilo it would give
the people gold and silver charge in all tlicir small
transactions, and a paper currency perfectly secure
in many of their larger ones.
The suggestions made by tlie Secretary of the
Treasury ofthe United States, (Mr. Cobb,) in his
late report to Congress upon the subject of the cs-
tahlishirtent ofn Sub-Treasury system by the States,
similar to that of the United States, and tlie prohi
bition ofthe circulation of bank bills nnderthc de
nomination of t^'Uty dollars, are, in myjiidgment,
founded in wisdom, and commend themselves to
tho serious consideration of the Legislature. The
State of Ohio has already shown her appreciation
ofthe wisdom of these suggestions, by transfering
much of their substance to her statute book, al
lowing sufficient time for the gradual inauguration
of the system into practical operation.
tVtSTIBN A ATLAKTIC RAIL ROAD.
For a statement of the present condition of tlie
Western A Atlantic ltailroad, its operations and in
comes for tiie fiscal year ending 3uth September last,
j leave t<> refer you to the report of Dr. John
VV Lewis, its able and efficient Superintendent, who
haashown fiimself a must vigilant, active, and val
uable public servant. In pawing thiswel! merited
cnnnlimeiit upon tiro faithful .-upormtcncl. pt, I
wmfddo injuitice to lus associate officers,and the
other agents and employes ofthe Eoad,were 1 to fail
b«*st inter»*Nta of tbe Mate. For tbeir efficiency, fi-
(It'litT and intf ffritv they bare u»y sincere thanks.
a£d2tJ!i« my opinion, enlitlad to the thanka of the
abuitf iHM>plt) of . ;i,'i ffv ',
Owing- to the commercial pressure, and tho conso-
ciueutfitagnati w «>f traJp au.vi b-j^ne>s,th« gru^» ,n-
comta ofthe ‘limn? :ha present year, from
! s\in>c h «>nr failure iutho past is attributable to a
lack of fuuiliMuul of competent teachers.
With the gradual increase of the fund proposed,
it is not doubted that the wisdom of onr State would
from time to time, improve our present defective
system till it would bo so perfected as to afford the
advantage* of un tnliicalhwi to all or n* ilv all the
freights and travel, have JhVii Ice# th*P tl©
for the previous year, Mhicli wavonoof u»iu»ti
prosperity. The low price of corn, wheat and r
kinds of grain during Oh* preset year, has in a m ..t
decree, prevented the shipment. Not only were the
prices of wheat mnch lower thap they were tlio^ yt«r
previous, bnt tlie quantity lnadein all that section of # —j
country which anjqdie* th** Hoad with wwa J children of the State. Let the teachers be paid by
inneblear. * I the State, and let eYery free white child in the State
Merchants limited ttyeyr purchase* cf goods to the j have an equal right to attend and reeeiv** instruc-
limited demand for them in the <*otmtry; hei>«»i*. the I lion in the public schools. Let it be a Common
diminution of incomes to the Hoad ou account of j School, not a Poor School System. Let the children
freights on merchandize. I ofthe richest and poorest parents in the State, meet
That portion of tin* Road track between Tnnnel I iu the school-soom on terms of perfect equality of
Hill and Chattanooga, (swren miles excepted) was I right. Let there be no aristocracy tbero out an arv
in a -bad condition whim Dr. Lewis took charge of J istucracy of color and of coudoct. In other words,
the Hoad, and it has required* great deal of costly I let every free white child in Georgia, whose conduct
repair*. A considerable portion ofthe track between | is good, stand upon a u equality of right with any
those points has l»een taken np and thoroughly re-1 and every other one in the school-room. In this way
paired, and small stoues pounded into the earth un-1 the advantages of education might be gradually dif-
aer tho new cro?s ties at several places wherein wet I fused among the people: and muny of the noblest
weather the earth is so soft that the Road-bed could I intellect* in Georgia, now bedimmed by poverty and
not otherwise be made firm. This kind of repairs is J not developed for want of education, might bo made
quite expensive, but is believed to be cheapest in the I to shine forth in all their splendor, blessing both
end, as the track in these soft places will remain firm church and state by their noble deeds,
when once bedded in stone—The entire track is be- I Should £4,000,000 bo insufficient to r»i*e annually
lieved to be in better condition than it has been for I the sum Tequired, the fund might be increased from
several years, fa force of about three hundred hands I the incomes of theTiqed, to any amount necessary
having Leeu employed in its repair, most of the sum- to accomplish the object. The interest on this fuud
raer,) and all the rolling stock is in good order. He-1 should be semi annually distributed equally among
pairs have a*so been lately made at Alatooua, Petit's I the counties, In proportion to the whole number of
Creek and the Tunnel. ’ I free white children iu each, between six und sixteen
Since your last meeting one thousand tons of T I or of such other age as the Legislature may desig
iron have been purchased, which has all been paid nate- Authority should also be left with each come
for since the 1st day of Januaiy last. This will lay J ty to tax itself, at its own pleasure, to increase its
about eleven miles of tho track with new heavy bar. I own school tuud,as at present. And it should he
Part of this iron has already been laid down upon I let! to the Inferior Court or school commissioners of
the track, and the remainder, now being received, j each couuty, to lay off the bounty into such school
will soon belaid down. Other new iron will bepnr- I districts, ns will be most convenient to its nopula
chased as fast as it is needed. J tion, having due regard to their number and condi
It is a matter of great importance that the Hoad 1 tfon
be kept in-gnudorder. For this purpose it in prop-1 . gprcArioit or ttuntr.it
er that several mile** of the track at different pla- I *.>
CCS uhould be laid with new iron every year; other- r . ., th Jj - uud , ^, ecesllsJ . y to bu ji,i sch( ; ol i, 0 „.* ’
wise the iron on a larae portion of the traeh j *nd nay the teachers to educate all the free white
ri> e «“ e t i"? e ’ 1 5 e ,7 u ‘ ru, « * children ofthe State, the next question which pro-
V *° replace it. I hold that no administration. I sunfcl jtaeir, perhaps the most important one of
Pjvposs of paying loomy into the Treasury j a |j jSj jj ow fc ha]l the elate supply herself with coin-
a n 8 ,lt f< ? * et ,h ^ 1 u “ ' 1 ‘ 1 "' 1 - petent teachers ! raised iu her midst and devoted tc
-mEr.r 0 !* “ <, ®?cr»'ee to be condemned ■ and l am intere . u and imitations '-Southern gj
iT' i. 'r .h »d“ u >*»« r *“oiL so f*r as tiro m»n»se- south( , rll Ilear!s alld 80ut hern sentiments ?
j”F° f, , he “ concerned, shall be judged by Kof the purpo , 8 of educating Georgia teachers in
IU A-firHanf..,v. „r«i, a I Georgia colleges, I propose that the State issue her
, r f l ’?5l ,°^ Il 0 °„S r I bands payable at such distant times as the Leglsla-
t! e ^ tur « may designate, bearing interest ot seven per
ante 661,1 semi-annually. The interest to be paid
{n*thoTVrasur^of 11■'d^aeeord' I tii'be^edeemeif out of its ^rodeeds/ahould
sum**©/®!■^3*‘’^ri'creditors^ , ^h!l , Boai?<m a*‘* I bond^toThe StoUrVidveniUy a't Athens as^n^ad*
smaller IM*January than' it xvii lM Jffiv and tint “cate annually one young man as a State student,
Zimoint iSSS SSnSSMbA a3mZ
tiyton, ofthe Hoad, and paid1 byAh, pretest tiuphr- j SShgS^gias^lJag^llSiS^Sa^.lS
woab/.eivm'rheref ire tn^'ie ?mblel tn't{!branm ,> nald ‘“‘crest ou this $100,1100 of bonds would be S28.000
I per annum. This sum would maiutain and instruct
is iuclLd^ th^cTof 4r« «on* ^th' e new iron a-1 ” Zi r Z. nd . Z?. ?° u .?
s.uciuuca inepncB o«oi new irou»- auuually, being one from each county iu the
hove mentioned, which w»» ordered by the former I «. t d t ivi> f.on» each of tht* tburtPHn jLinntim
commencing will, the month of March last. $200,000. *«* ^^“. '' L hlni fii Z, , "S ,
Oftbi,«um$173.000had been,-aid in at the date.rfhia STJ 1 i
ed as are of goud moral character, industrious ami
1 promise or future usefulness. ThaMhoselectioS be
made in eaeh county by a competent committee ap
mited to a cumulate which are no promptly paid. illted b the iuferior Court. after an examination
month 15 can be found, at the e.m of **cb| fooSe public place iu the county, of all suen young
The new passenger depot in Chatanoogais in pro
at some public pla«*o wMIP „
nu-ii as desire to become beneficiaries, and who
wili attend on a day to be fixed bytlie Interior Court,
ceasof construction tinder tho superintendence of „ "i " i ? I
the Chief Engineer of the Itoad, with workmen hired Zt.h.vwiMllZcroe, fenraitl n
^et 1 'wi^^'aa’-irriZ''/nd ^ ri.““PW^n^ «‘r.hom prejud^rp^Ii',*:
pected^oliifconipietr*^ aild'read'yVornse in a fow ~>i0“ witbomffi^ udwt.ou tothorest of his tarn
tlieao i ri, * r Omtof hi=» county, that he is neglecting his
n . ^ ^ Z ? ' l l Studies, nr failing to make reasonable progress, or
Friburino ’ '^if^SStrs, that he has.bcwme addicted to immoral liibits. I
tributlng to its ereenuii, it was thought f propose tliat the State in thU manner, give to each
there was great need ofthe depot, for our Hoad to I * f f r V onnff men thus kp!pot^d 1.7« pnllp.rJot#,
go on and l.uild it.and take the obligations of the " , on comiTlfon Bwt he will enter into',
e^ingltoadsfortheir proportion of expenses ^“‘T.i,ouor?fomae t^hioghii profLionin
interea/fo'tlfA^lVi ,n Fn!"il niva *10noo"* *Tb<f^ud ,I|C ' ooau, V fro “ 1 wl ‘‘chhe ia sent, for ns many years
v'ZJL “ ' he d ;; p, ' t - fqn.ouo. The Last a3he slia| -[ , lav(J beon InajutHiDBd and educated by
xvitli semi-annual interest at the rate of seven
"iior i,sa teachca*.
;r cent m r -iiinnin • a-i.l it is believed that tlie I ofthese young gentleuieii would no doubt, a
einphis and Ctinrle^’on Itoad will.also take a fourth ^ t ld ‘^gF,h"sVZ iZf^'^.rawUhcompe-
I>r! Lewis took charge orthe Itoad Hie 1st day of **>«^hera. And asttoe yung msn, white teach
Isi^SsSSSSSi SSSSSSSSESS
which existed prior to thattime,' fnd fornecess.rv SfSe^ffiSS^!? uUsSfL" 1 ’?!* ‘' ,0
«,.,Mrea.nZlrom the 1st of ““learn at one school what it ha. taken it months,
HK i--* 5 u n . r} .Z,;! perhaps, to learn at another under an incompetent
ty-five thou land dollars per mouth. Ii is oeneveb j T ^injplan is intei.ded to equalize, as fur as
TMs'LybeVaranfeJiiy some as an over estimate XrfS T dri
of the legit iniate net earningato be realized m future , llldlu a ri J,L tion . „ r ^Lohltr gftto tiro colffiges
from the road. As au evidence of ita correctness. I ofa<ins , e dolIar oft|le boIlds y tate . ‘'iuffo!
have no hesita.1011 in sayin„ that I would riA v I rlld ed only to deliver tlie bonds to tlio colleges and
persona fortune ontho result. Mere I t o pay to them the interest semiannually, as a com
t were the de.wr*» l* ■rtOatoi’e and p60p 1 , )( . ng!lt j on f or them to maintain and educate annual-
part of this plan, I also propose that
since the 1st of January last, receiving all sum. ow- I » Gcucraia..perfn.endentof schools, for the State,
I driyr b. to
bind myselftbat the'presuut l.rice of freight, should 'Z? ST
nt no time be increased,if such would mike tlie fregl.ts f‘g,* 0
hieherthin theaverneenrieechanted for freights by . .“• Audio trayerse tlie state in every direction,
tlroothsr roads in Georgia; and! xvould pay into ‘hs schools, address the people, and do all in bis
tlie treasury ofthe State $23,000 per mouth for the * lve J ’ , “ , crc st Die subject of
SlflSfi monthly £«. liad «• h»
or in till, bonds which now constitute the funded e b f dr Hi! nf tll^Mntn s. l 'a ? f the
debt of the Itoad. for tiro payment of which, ‘h“ p n ^ * 'tfeh Lu“n' B .f r * nd object of primary
faith of the State has been pledged for years And japortaueu. which should, it ueeessary, take prece-
every time a payment sl.ould bedetoyed twenty- d6 ^^“^'^*»ua of tmg, policy, borl
five days after it wss due. I would forfeit and pay ffg^”****” Zrt!a^hT-.“ dm, f t '‘ d byeVery
to the State $10,000 for the delay. This would be *»•«»««“» person, that the stabdity and pennanenoo
8300,000 per annum, principal besides interest. And «Pt>“lkemtelh
a term of ten vears at these rate*, counting simple I Ke“ce a.oi v.rtue of «mr ncple. Ao monarch rule!
intere-t ot seven percent per annum on eachmontii- ° f B overn
ly payment from fire time it was paid into the Treas- me » t , ead ! «“*«“ #t , the b “ lklt box, possesses
my tiu the esd of tho lease, would yield the sum of jwi#* 1 "Khte of sovereignty with every other one.—
$t,0tl,25n, for tlie useoftheroad forth.it time.' TTiauks be to ourllea ve.ilyh at her, t he popular voice
Kegarding the question as settled, therefore, that °' es P ! ” , .*f ,n -
the road with proper management will pay into the Sax.•** P®)*' 1 ‘J^ J1, j y lt Vj 11 ®
Treasury $53.00“ per mouth, or three hundred thous- V JT* '* •*, therefore, that
and dollars annually clear of all expenses and re- £/“*““ of he people be educated, so each may
pairs, the inquiry naturally arises, what disposition! be “ble to rear! and understand for himself, the con-
shall be made of the money ! s'.tut.on and h,«„ry ofh.s country, and to ,udgc end
J I decide for hiraselt, what are the true principles and
payment of tiie ri Diif DEBT-—common .school I policy of liia government. But bow much more im-
system. I portant is it, iu my opinion, that every person in the
The Public debt of the State amounts nt present gate be■ enabledito read for himself or heraolf the.
, $2,630,50;. payable at diffierent times during the Holy Bible, and to eomprelieud the great principles
next twenty years. A large portion of this debt lias Christianity, in the eteroal tnithsot which, I am a
been contracted from limeto time on account ofthe firm, though humble, believer. Educate the masses
Itoad. This debt it will be remembered, i* subject »“<1 inculcate virtue and morality, and von lay
by legislation, already had, to boincreased $300.0 o, broad and deep, in the hearts of onr people, the only
on account ofthe Stiite’s subscription for stock in “re foundations ol repub .<•«. liberty and rel.g.ous
the Atlantic*and Gulf ltailroad Co. This would folcration ; the latter ol which la the brightest gem
make the whole debt $3,530,500, should no part of it I ,u *h$ constitution of ourrountry.
be redeemed before She bond, of the State tor the a I |‘y adopting the propoae.l hue of pulley we have it
bove mentioned $900,000, shall have been issued. >}>“ our power, without ...crease of taxation or bur
By the terms ofthe contract with the bond holders, fie" four people, to place Georgia, so far as educa-
$2*9,30(1 of this debt is now subject to be paid at the ‘‘on is concerned, in the proudest position of any
option of the State, though payment cannot bo de-1 state in tiro Linou. Let her educate every son aod
manded till 1*63 and 186c? the Central Bank bonds d*“ghter within her limits, and she may then justly
are also falling due in considerable sums annually, boast that she is the empire state of not only the
Good faith requires that the debt* ofthe State be I South, but of the whole Union, lty this plan the
promptly met when duo. And sound poliev dictates I P u khc debt would fund
thatsucii bond* a* are due or not,at the option ofthe ‘“creased annually, jaW-OnO; aud1 tho interest a-
State, be taken up a* fast as she has tho means. mounting yearly to $3$,000 on tho bond* ueliverod
Tire nett earnings ofthe U'estem and Atlantic •“ ‘he 'iolfcges, would be paid semi annually, ont of
Railroad are already pledged fortho pavinent of a ‘ earmnga of the btate Hoad ; and there would
large portion of this debt. I therefore recommend be left an annual income from that source of
tiro passage of an act setting apart $200,000 per an I -."M to he applied to other pur|ioses.
uum.of the earnings of the Road, to be applied in I nzDO'CTlox or TAXF.S.
paymeut and purchase of the public debt. And. in I
view of tho great and acknowledged necessity exist- j . Tiro present annual expenses of the Government,
ing for the education of the children of the State, I including the civil establishment, the interest on
mid ofthe immense advantages which would result b , jc dcbt support of Asylums, Academy for
^ll^h^teuTrri^m inelttdfoo anv
he entire amaui t of the public debt, be set apart as I anioant to about . M6, without including any
.i permanent t'omown School Fund of Georgia, to be J of the extraordinary appropriations. The present
increased as the public debt is diminished; and that I annual incomes to tho Treasury from the State
tlie faitb ofthe State be solemnly pledged that nol Tax, the tax on bank stock, railroads, dividends on
part of this sum shall over ba applied to, or appro- 5^ gtoc |< an d from other miscellaneous sources,
priated for, any other puroosethn.. that of education. , grants, testimonials, ic., amount to
Let the act make it the autv of the Governor each { . „ . Aij vaSa *_
ycar noon na be shall have taken untlie €300.0001 about $446,000, cxdusnc of incomes from the
of t?UU; bonds to issue
able at some distant period t
lature. to the Secretary of State r.s trustee of the I outside of the actual expenses
Common School Fnnd ot the .State, with semi-annu-1 that the taxes might be reduced from tho incomes
al interest at six per cent per annum. The bonds to of the Road about s 5 o,000 per annum besides cs-
Fond will be ann -ally increased, until the whole “on of the proposed School system. Should the
debt is paid to tho creditors of tin. State, and then- Legislature, however, after providing fortho reduc-
inocnt paid converted iuto a School Fund. And as I tion of the publio debt, the support of tho school
the fund t* in.-reased from year to year, the amount I system, and tiie education of teachers, make any
mount of Interest to be used tor school purpose* considerable appropriations other than those which
will be likewise increased. • I ma y be absolutely necessary for the support of the
Should this plan be adopted, ina few year* the Government, no'nmterial reduction of the taxes
school fund of LeonriA including the present fund I Mu ] d bc niadc
In the event the Legislature should disapprove
fund, fobs e.-i-roded in erecting schorihouses aud of (he proportion to apply the net earnings of the
paying teach'is, wouid bo' $2*u.oou per annum. I Boad to the )iayment of the imblic debt, and to the
am aware ot ;iie diliicoltroa which have been en-J education of the children of tiie State, I res|iect-
cuunteredby '«ose who have attempted heretofore I fullv recommend that $150,000 per annum, instead
to duvise a pr ••tleal and eq^Us^md system for .the 0 y ibout fifty tbonsaud, as above proposed, be ap-
State, owingbt ■jTyjsR-? “believed, totha 1!ed j n reduction of the taxes of tlie people 1 ; and
iTtd ^plns be used for such purposes of in-
fact of our inability to accomplish all we may desire temil improvement a* will tend most to tho devel-
ianosnilicii'i tWasou why we sliuulj m gieit to do opment ofthe resources ofthe State. I am
that which i» in 'nr powar. Urobably the principal | aware there aro those who object to any roduetion
of taxes, believing it necessary, in order to attach
the people to the government, to raise large sums
of money from them by taxation, to be appropria
ted in some way by the Legislature. I take a dif
ferent view of this subject, and believe that all un
necessary, wasteful, or extravagant appropriations
should be avoided ; and tliat no more taxes should
be nliscd than the necessities of the State require
under an economical administration of the Gov
ernment.
I cannot believe that the people's love for the
government would lie increased by high taxation.
When the people were paying increased taxes to
build the Western A Atlantic ltailroad, they were
told that if they would submit to this, the incomes
of the Road, when finished, should be applied, in
part, at least, in reduction of their trxes. I think
they have a reason to expect, and a right to de
mand, tliat these pledges shall bc redeemed ; and
I respectfully urge upon you as tbeir representa-
tives, the propriety of enacting such laws as will
give them the benefits of the" incomes of t! o Road
as above suggested. This, in my judgment, would
bc iufinitcly better, than to squander the funds in
large appropriations of doubtful propriety. If the
Iload be faithfully and economically manager', the
net earnings paid monthly into tlie Treasury, and
applied to educating the youth of the Sutc, the
payment of the public debt, nnd the redaction of
the taxes of the people, it will then in reality be
what it should bc—a blessing to the whole people
of Georgia.
ATLANTIC AND GCLF RAILROAD.
1 am informed that the work upon the Atlantic
and Gulf Railroad is progressing with reasonable
rapidity under the management of Dr. James 1’.
Screven, its able and active President. Early in
the year the necessary evidence was furnished to
Die that tlie individual stockholders had paid in
twenty per cent upon $600,000 of tho stock, which
entitled the Company, under the provisions of the
statute, to call for twenty percent upon the State’s
present subscription of $500,000. I accordingly,
in connection with Col. Watkins, our industrious
and faithful Secretary of State, issued and deliver
ed to the Company at par $100,000 of six per cent
State bonds, payable in New York, with coupons
attached. The bond3 bear date 1st February,
1858, and have twenty years to run. The interest
is payable semi-annually. This Road is intended
to develope the resources of a large and interesting
section of the State.
STATK AID TO RAILROADS.
Other sections of the State are still 'destitute of
the advantages of Railroad lacilitics. I am decid
edly of opinion that it would bc good policy for
the'State to lend her credit to aid in the construc
tion of such Roads as may bc necessary to devel
ope her vast resource*, provided she he made per
fectly secure beyond doubt against ultimate loss.—
This could bc done by the endorsement of tlie
bonds of the company, by the State after a certain
portion of the Road is first completed, for an
amount sufficient to enable the company to pur
chase iron for the road. The bonds thus endorsed
should lie made payable twenty years after date,
with six per cent interest, payable semi-annually ;
and let the State take a mortgage upon the entire
Road, and all its appurtenances, declared by law to
bc prior to all other liens ; to be foreclosed, and
tho road and its appurtenances sold in sixty or
ninety days after the failure of the company to
pay any instalment of either interest or principal
when due. And in the event the whole Road and
its appurtenances should fail under snch mortgage
sale to bring a sum sufficient to pay the entire
priation not having been made. I therefore re
commend that an appropriation be made immedi
ately, sufficient to pay each Judge whose commis
sion bears date since the pnssage of the act, the
balance of salary due him. ill view of the sacri
fices made by them, the heavy responsibilities in
curred and the grent amount of labor 'performed,
I am of opinion that no claw pf officers in Georgia
have been as poorly paid as our Judges. I there
fore regard the. act raising their salaries ns wise
and just, and regret only that tlie constitutional
prohibition prevented, and still prevents, a portion
Of them from receiving its beuefits. I think equali
ty in this case as well as in others, is equity.—
There is no good reason why a Judge who was
elected soon after the passage of the act st ould re
ceive $2,300 .per annum, for liis full term of four
years, while one whose commission beam date-a
few days previous to that time, and who probably
has a more laborious Circuit, should serve the same
term of four years for $1,800 per annum. Taking
this view of the questions of justice and r ght.be-
tween them, 1 felt it my duty to re-appoint guv
one who, haring most of a term before him, i bought
proper to resign and take lus chances for re-elec
tion in Jan’y. next. I see nothing ill thcii course
deservin'* censure, and do not hesitate to take my
part of the responsibility so far as the re-appoint
ments are concerned.
I have no sympathies in common with those who
vote away thousands and tens of thousands of dol
lars of the people’s money In Urge appropriations,
often intended by the movers more for the advance
ment of individual interests than for the public
good, and then attempt to raise a popular clamor
should the State do justice to lier public officers,
hy giving thorn a reasonable coinpensali m for
tlicir services, which is now, in many in* oners,
much less thou tlicir talent would command at oth
er employment*. One appropriation ol doubtful
propriety, about which but little may be said, often
draws from tho Treasury more money than all the
increase of salaries of all the public officers of the
State. In 1841, when the salaries of our . udges
were fixed at $1,800 per annum, that amount of
money would purchase more property than .‘<2,300
will purchase now. A negro or a horse might
then be purchased for bnt little, if any, over half
as much as a similar piece of property will com
mand in the market now. It follows, therefore,
that our Judges and other publio officers are not
as well paid now as they were then. Our great
State is not too poor, nor too parsimonious to do
justice to those who render her important public
services; nor is it her policy to drive her bt st ta-
ient fioin public positions, to make room for those
who will agree to occupy them for less money,
srnst'iuntoxs to legal works.
amount for which the State shall have become lia
blc, on account of the Company, let the law pro
vide that each solvent stockholder shall bo liable
to the State, according to the number of the
shares he may own, for his proportion of the de
ficiency. This, in ipy judgment, would make the
State secure; while it would enable each company
engaged in the construction of a road necessary
to the development of the resources of the State,
to obtain the money requisite to its completion,
upon sueli time os would enable the company,should
tlie Road prove as remunerative as its projectors
anticipated, to refund it out of the future net earn
ings of the Road. Of course such a law should be
a general one, alike applicable to all Roads iu any
>art of the State, in tlie benefits of which nil
loads now in process of construction, or to be
hereafter projected, on equal and well defined
terms, conditions and limitations might partici
pate. Guard the State against possibility of loss,
and I am decidedly in favor of State aid by lend
ing her credit in tbc construction of ail such Roads
os may be necessary to the prosperity of her peo
ple and the development of her resources.
THE GEORGIA PENITENTIARY.
The report of Gon. Eli McConell, Principal
Keeper of the Penitentiary, will inform you of the
present condition of that institution. The walls
badly constructed at first have stood a long time,
and are now nearly ready to tumble down. The
whole structure is in a dilapidated condition, and
will require auivu w.. r —» a. t ** 0 ;oia$upsk
at its present or some early session. It is a ques
tion worthy of your attention whether it should be
rebuilt where it is, or be removed to some more
favorable location ; or whether it should be entire
ly abolished, and some other mode of punishment
substituted in its stead. As a place of reformation
of the convicts It is believed to have proved a
failure. It brings *ogx*.ti«*- «»> af tin
worst men in the State, many of whom arc beyond
the.hope of reformation. In the midst of such an
assemblage the young offender has bnt little en
couragement to reform. Observation has shown
us that a considerable proportion of those who
have served the term of a sentence, have, after
going out, very soon violated the law and been sent
back for it second, and some oven for a third time.
Some of the States, as Alabama and Texas, have
leased out their Penitentiaries ; and it is reported
that this plan lias worked well in those States and
has relieved them from all burdens in maintaining
their prisons. I commend tiie whole subject to
the careful consideration of the Legislature.
THE STATE ASYLUMS.
For the condition and management of the State
Lunatic Asylum, the Academy for the Blind, and
the Asylum for tiie Deaf and Dumb, I beg leave
to refer you to the respective reports of those en
trusted with their management. These asylums
have already done much to improve the condition
ami mitigate tlie sufferings of the unfortunate per
sons who are their respective inmates. Tho State
has been liberal in her appropriations to found and
sustain them, and I trust that her liberality may
prove a permanent blessing to her people.
A recent visit to the Academy for the Blind in
Macon, has satisfied me that those in charge of
that Institution arc laboring faithfully for the in
struction, and the amelioration of the condition
of that unfortunate class of our follow beings, for
whoso benefit the Academy has been provided.—
The new building is being erected, and will, when
completed, be a beautiful structure, well adapted
to the purpose for which it k intended. I am in
formed by the Trustees that they have arranged
the plan of the building, and shaped th« contract
with tho builJore, no a* to bring the expense of
the whole within the appropriation, and that there
will bc no call for an additional appropriation to
save the State from the loss of the appropriation
already made. Their conduct in this particular
deserves commendation.
GEORGIA MILITARY INSTITUTE.
For the condition and prospects of the Georgia
Military Institute, at Marietta, I also refer you to
the report of the Trustees of that Institution. Ear
ly in the year I purchased for the State tlie re
maining interest of the stockholders, and paid for
it as directed by the statute. The whole is there
fore the property of the State. I attended the ex
amination of the classes at the late commencement
and take pleasure in saying that the young gentle
men acquitted themselves with much credit both
to themselves and the faculty.
WEIGHTS AND MEASURES.
A largo number of the counties of the State, es
pecially the new counties, have never been sup
plied with standard weights and measures, the
number originally purchased by the State proving
insufficient. Frequent applications are made to
the Executive by (he destitute counties for a sup
ply, and there arc none at his disposal. It will
cost a considerable sum to purchase the requisite
number. I recommend, therefore, that an appro
priation be made sufficient to supply such of the
counties as are destitute of them, and to defray
tho expense of tlicir distribution.
SALARIES OF THE JUDGES.
At your last session an act was passed increasing
the salaries of the Judges of the Supreme and
Superior Courts of this State; but by some over
sight no appropriation is made to pay snch increase
those who, nnder the constitution were entitled
it, tlie appropriations having been made for
the amounts only of those salaries as fixed by
previous Uws. One of the Judges of the Supreme
Court who was elected at the last session, and two
three of the Judges of tho Superior Court, who
were elected in JAnjr. last, hold commissions bear
ing date since the passage of the act, and are,
therefore, clearly entitled to the increased salary.
Six of the Judges of the Superior Court, most of
whom had each almost a full term to serve, resign
ed their offices soon after the adjournment of your
last session, and having been rc-appoiritcd by me,
now hold commissions bearing date since the pas-,.. , „ . - .-
.. . T , . , . • . trustee or in any other capacity, i-ball be engaged iu
■ age ot tlie act. They, as nell as those elected i dr _, w i D j. any luiterv, nr preieuded 1. ttery, or setting
since the passage cf the act, are, m my opinion, | lottery Tickets, within this State. ' Tt is time the mrrai
clearly entitled to the increased salary; which has I sense'of our people were aroused for the suppression
been withheld from them on account of th# appro-1 of this deceptive, fraudulent and demoralizing practise:
At your last session, resolutions were passed re
questing me to subscribe in behalf of the Sta c for
1500 copies of Ilincs’ Forms, at the price of $2 50
per copy; and tor 500 copies of Reese’s Manual,
at a reasonable price, and to pay for them cut of
the contingent fund. I subscribed for aud rec ;ived
tlie books, and paid Mr. nines $1,000, unci Mr.
Reese $500, one third of the price agreed upon for
the 500 copies of his book delivered at the Capitol.
Ou account of the heavy drafts made upon the con
tingent fund to pay other snitts taxed upon it by
resolutions of the General Assembly, besides tlie
payment of the salary of the Reporter of the De
cisions of the Supreme Court, for which no appro
priation was made, I found it impossible to pay tlie
whole amount due for the books, and to meet the or
dinary demands for the payment of which the fund
is intended. The balance of $2,750 due Mr. H ues,.
and $1,000 due Mr. Reese, remains unpaid. I res
pectfully recommend that appropriations bc made
in their behalf for the respective sums due them.
THE PENAL CODE.
I beg leave to call the attention of the General
Assembly to what I consider a defect iu our p:na!
code. The 8th section of the 4th division of our
code is in these words; “Voluntary manslaughter
shall bc punishable by confinement and labor in
the Penitentiary for a term not less than two years
nor longer than four years.” There are doubtless
many cases of voluntary manslaughter committed
by persons of extremo youth, or attended by other
extenuating circumstances, for the punishment of
which two years of imprisonment is sufficient- It
may often happen, however, from the ingenuity of
counsel, the creation of sympathy on account of
the long standing of a case, and from other cam es,
that persons guilty of "deliberate murder arc con
victed only of voluntary manslaughter. The Jui ge
who presides in the case may be fully satisfied tliat
such is the fact, but he has no power to impos t a
heavier penalty than of four years imprisonment.
The community feel that tlie punishment is inade
quate, but there is no remedy, as the Court l as
gone to the extent of tlie law. If we would sup
press crime and bloodshed in our State, we must
execute the criminal laws, and discard that sickly
sentimentality which always sympathises with t ic
criminal, but has no tear to shed over the unfor
tunate victim of his revenge. I recommend that
the section of the penal code above referred to, lie
*u a i — ! i.<>gc me discretion given co
tiie presiding Judge in cases of Voluntary- Maa-
slaughtcr, committed after the passage of the act,
so that the punishment shall not bc less than two,
nor longer than twenty years, imprisonment and
labor in the Penitentiary. I also recommend sueli
alteration ill the law ns will compel persons accus
ed of criminal offences to come to trial at the ear
liest period ii lieu a pair and Impartial Investigate i
can bc had. As the law now stands, and is con
strued hy our Courts, the worst cases arc often
worn out by continuances, from term to term, till
sonic of the witnesses die or remove from the State,
and others arc almost impoverished by long atten
dance upon the Court. After years of delay should
it happen, as it frequently docs, that tlie witnesses
arejout of tlie way, and tho community have become
careless about the case, the accused is thou ready
for trial. In this way many of the most blood
thirsty and abandoned criminals in the State are
permitted to escape, oftca with very light, and
some times no punishment at all. If the defendant
and his counsel will exercise ordinary diligence in'
the preparation of the case, I am satisfied, from
years of experience at the bar, and upon the bench,
that no reason ekists why a trial should bo delayed
in any case, longer than the second term after the
finding of the bill of indictment, unless it bc for
very special Providential cause.
The constitution of Georgia provides tliat all
criminal cases “shall be tried in tlie county where
the crime was committed.” Since the State has
been cut into small counties it may often happen
in the most atrocious cases of murder, that a pub
lic investigation may be had before the commiting
magistrate, or on a first trial before the Superior
Court, which from some cause may not be final, in
which on account of the excitement in the commu
nity the evidence may be detailed in the hearing
of nearly all the citizens of the county, subject to
jury duty, and at a subsequent term of tlie Court
it may therefore bc impossible to get a jury in tbc
county competent to try tbc case, and the criminal
on that account may escape conviction and punish
ment. In view of the happening of such a contin
gency, I would most respectfully suggest an altera
tion of the constitution, so as to authorize the pre
siding Judge, in such cases, when in his oipnion
the ends of justice require it, to change the venue
and order that the case be transferred to, and tried
in any adjoining county which he may designate
tho county where the crime was committed to bear
the expense of the trial, should it fall upon the
county.
TAX LAWS.
1 beg leave to invite your attention to the sugges.
tions contained in the able report of the Comptroller
General, pointing out certain defects in cur present tax
laws, and proposing important amendments; also to
valuable nnd interesting statistical information appen
ded to the Report. By examination of this report il
will be seen tost the present tax on bank agencies of
tber State* located in this State, is less than the tax
on bank capital in this State. This is a discrim
ination against our owu banks, which is unjus and re
quires further legislation. If any discrimination be
tween those agencies and our batiks is made, it should
be in favor of the latter. It will also be seen that sev
eral of the Railroad Companies in this State whose
roads are in successful operation, pay no tax whatever
under the present law. Some which pay tax, and oth
ers which do not, are exempt by tbeir charters from
ever paying a tax of more than one half of one per
cent upon tbeir net incomes. I refused my sanction
to two bills chartering Railroad Companies at your las*
session because the proposed charter* contained this
provision. I do not believe the State should ever yield
her right to tax to any extent her necessities may re.
quire, any and all property within her jurisdictional
limits. Should ii ever become necessary on account
of invasion or oiher public calamity, greatly toincrease
the revenue of the State, I can see no good reasons
why millions of property belonging to wealthy corpo
rations within her borders, should by impruaent and
partial legislation, be exempted from bearing a just
proportion of the public burdens, by being subjected
to a nominal tax only. And if there ever was any rea
son for granting such exemption* iu the past, that rea
son no longer exists, since the building of railroad* in
our State b.is ceased to be au experiment. Therefore.
I think such exemptions from taxation should not
extended orencouraged by future legislation. Bnt as
the public exigencies do not require high taxation at
present, and as several oi the most wealthy Railroad
Companies in the Slate hare in tbeir charters the pro
visions before mentioned, I recommend that tho tax
for the present on a 1 ! the companies in the .Stale be
made nnitbroi, and that each lie required to pay a tax
of one half of one per cent on its net incomes;'to be
paid into the treasury each year without c >*t to the
State.
1 also recommend that'a heavy tax be imposed upon
each aud every person who as’commissioner, agent,
which en courage* among the people a spirit of hazzaid
end garobliug* depriving them of large sums of tnon
or every year, which too often bring* distress npon
helpiets women and children ; while it pampers idle
drones in society, who neither labor nor produce any
thing, bnt who grow rich by the credulity und misfor-
tu ms of others.
TDE MILITARY STSTEM.
The attentiou of the legislature has again, and
again, been called Jo onr defective Military syaleni,
and to the great neglect to perform Military duty in
the State. I doubt whether any recommendation
which I could add would be of any service. ^ At your
lastaessiou, the usual appropriation fur Military pur
poses wa» withheld; and utter this decision by the
legislature, l did not fcel it my duty, to order a rigid
enforcement of tha military laws. Tho time may-
come however wheu wc will have cause to deplore our
present inactivity and lack of discipline nnd military
spirit.
Tits norxDAar Lixr-iienvEEN ororsia and Florida.
Tbo Resolutions passed at your lost session in refer
ence to the boundary question betwsen the State-of
Georgia and the State of Florida, were communicated
bv me to the Governor of that State, soon after your
adjournment, 1 received from bis Excellency, assu
rances of his desire for an early aod amicable adjust
ment of tbe difficulty, with a promise to lay the reso
lutions before tbe legislature of that State at its Dcxt
session.
INDEX TO Till RSCORn OF PLATO. .
The index to the record of plats of lands granted
under tho law of head rights, had been kept up in the
Surveyor General’s office, from 1837 to 182S, in a very-
large volume; which ia riow in a very mutilated con.
dition. There ia no Index'dpi lls iisued since lb2‘J.
This is not tho fault of the present laborious and faith
ful officer, who has charge of that department; • ns his
predecessor* for uearlr SO years had tailed to keep tip
tho index. Relieving it a matter of importance tliat
<l.o Ur g , number of Cooks containing Itif * *■•*?
rortant records, bc indexed to the present time, I em
ployed Maj. H. J. G. Williams, an excellent clerk ot
great exactness iu comparing the reemds, and of labor
ious ie.rarcli, to copy the mutilated inuex-Bock; sup
plying it wherever lost from tbe original reeords p end
lo'extend it from IS2J to the present" time* When
completed the whole wilt make two common size yol-
unu’S. I presnme there can be nodifferenceot opinion
as to the propriety of preserving tho public records in
good condition. "I recommend the passage of an act
authorizing the Governor to draw his warrant- upor.
the Treasury*, for a sum sufficient to pay for the work
when completed, and that three suitable person* be
appointed to examine the work, and report its vatue to
tbe Executive. . •
THE AGRlCC.-TLItAL INTERESTS.
While the State has made appropriations, from time
to time for clearing out rirers constructing railroads,
and for the encouragement of commerce and other pur
suits, it is much to be regretted, that solillle has been
done to encourage her great agricultural interesLv-rup ■
on which almost every other daaa is dependent for as
sistance and support. No other occupation is more
useful than agriculture. NodasamorebonorableHian
our farmers, wbo, as a class, are honest and patriotic.
They bear without a murmur their full share Of the
burdens of tbo Government. Why then should they
be longer denied tbeir share in its benefits! * *“““
cordially co-operate with the General Assembly in anv
and all legislation, which will promote this great and
vital interest. In this connection wo should not for
get the necessity which exists for the development of
our great mineral resources. I trust the Legislature
will authorize the appointment of n suitable Oeotogtst
and Chemist, to make s geological survey of tbc State,
and a chemical analysis of the soil in diuereotsections
so as to developo tho mineral ivealth rf tho btate. and
to determine the productions to which each .kind ot
soil l» best suited. ...
Many ot the most intelligent and useful citizens ef
our State, devoted to her great agricultural and me
chanical pursuits, nre taking mucu int west in our ag
ricultorsl fairs. The object of these exhibitions. Is to
bring together as much as possible of tbe intelligence
of tiro Slate in council, for tbr purpose ot devising tlio
best means for tbe advancement of agriculture, me
chanic*, Ac. By awarding premiums, a generous ri
valry Is encouraged, which often causes valuable i‘"-
pmovements, and leads to very useful discoveries. 1 be
ladies contribute much to the interest of these oc»-
sions, by their presence, and tbe exhibition of magnifi
cent specimens of their handiwork. The fine arts are
encouraged here. At these exhibitions, planters, and
mechanics from different sections of the State are
brought together, aud valuable improvement* made in
one section become known to ail. Tbe fair grounds
at Atlanta, where the meetings for the whole State arc
held, are in o bad condition. I am informed that sev
eral ot the States hare made liberal appropriations to
encourage these exhibition*. 1 think it good policy.
I therefore recommend an appropriation sufficient to
put t ie State fair grounds in good order, and to erect
the necessary buildings; and that a small annual ap
propriation be made to keep up tbe exhibitions, in case
tlie incomes of the society should be insufficient. I
think the farmers and mechanics have a light to de
mand at least these small sums.
REPORT OF SENATE COMMITTEE ON W. A A. U. R,
The Committee appointed by the Senate at your last
Session, to investigate the affiiirs of the Western ft
Atlantic Railroad, have made their report to me, as
direced by tbe resolution of the .Senate, with the-re-
quest that I hare it published ih pamphlet form. Iu
cimpliance wjjh their request I have had 5,000 copies
printed for distribution. Any number of the printed
c piea which may be dea : red by the General Assembly,
or by the members for distribution among their con
stituent*, will be furnished on application at tbe Exec
utive office.
I mntidb ***<■> —->'i* *mmuUm iu tbeir re
commendation, to place the defaulting agents upon tbe
road on the same footing w.th the tax collectors, so far
as to authorize the Comptroller General to issueexecu-
tions against each and every defaulter, and his securi
ties, who docs not within a reasonable time after de
mand, pay into tbe Treasury ol the Road tho aunt due
by him—with authority to collect 30 per cent on tbo
principal from tbe time ofthe demand and refusal till
paid. Legislation making tbe books of tbe Road legal
evidence on the trial of cases in Court against default
ing agents, has long been needed.
The Committee were in session 50 days. Their
task was a very laborious and responsible one. They
have received no compensation for tbeir services. I
advanced from the contingent fund an amount, only
sufficient to pay their actual expenics. It is proper
that an appropriation be made sufficient to compensate
them liberally for the services rendered.
TIIE FINANCIAL CONDITION OF TOR STATE.
For a statement of tbc condition of the Treasury, I
refer you to the report of Col. John B. Trippe, the
vigilant and trustworthy officer wbo presides over that,
department. As Georgians, wo have much {reason to
bc proud of tho financial condition of our State, aud ot
her high character abroad. Probably the bonds of do
oilier Btate iu the Union are more current, or com
mand a higher price in the market.. Her people enter
tain u sense ot honor that will never permit a stain to
rent wpowlror proud eacntcheon and they will See that
her high character is maintained. In cosaidenlinn
of her ability to pay, it may justly be said, that Tier
public debt is little inure than nominal. Without re-
lerence to any other of her great resources, tho Wes
tern ft Atlantic Railroad will, in my opinion, command
from eight to ten millions of dollars in the market, hy
dro time tbe last instalment of the public debt is due.
Tbe whole does not amount to half tbe sum, and may,
in a few years, be extinguished from the incomes of
the Rood alone.
The State with from one to two millions of inhabi
tants, a large territory, a salubrious climate, immense
mineral wealth, vast agricultural resources, and au ex
tensive system of internal improvements, may then bc
out of-debt, and in possession of ten million dollars
worih of State property. And by the exercise-of a
little prudence and forecast in her legislation, she may *
also have a common school fund as large, and a wand- £
ard of education as high as any State iu tha Uoiok-
This ia no fancy sketch. It ia a conclusion drawn
from bet*. But I must turn from these proud antici
pations of the future greatness of our State, with the
Repression of the ardent hope, that they may be much
wore than realized.
In closing this communication, I desire to join with
the Generaf Assembly io returning sincere thanks to
Almighty God, for the abundant mercies and rich
blessings, which have been poured out upon ottr be
loved State since we separated.
There have been no lack of provisions in tbe knd.
The laborer of every class, has been able to supply bis
necessities by the fruits of his labor. Tlie barns of
tie husbandman teem with plenty tor. both man and
beast; nnd with foe exception of the visitation of yel
low fever, npon the kind snd hospitable inhabitants of
o tr beautiful seaport city, Savannah, which lorn haj -
p.r to say, has been less deewnctive than at former
periods, though it has deprived her of some very valu
able lives, (to tho bereaved I tender my aineere c<md«-
le ice,) yet it may be said as truly as in any former
ytar, that the devottrer has been rebuked, and tbe pes
tilence which walketh io darkness has been stay til;
while the Holy Spirit has been punred out, iu many
parts of our Btate, in more cop ions shower* than in
tot mer years, causing the Christian "a heart to leap with
joi, and sing for gladness.
"] earnestly invoke a continuation of these rich bless
ing a upon the people of our beloved _ State; and trust
they may never be unmindful of their constant depen
dence upon Him, at whose bidding, States and Em
pires, are created and destroyed.
JOSEPH E. BROWN.
Ttac Jlavanu JLsizercttOM.
Some horrible statements arc made concerning
the secrets of the Havana lazarettos. It is des-
criltod, on good authority, that fever patients
have been heard to implore their attendants, in
piteous tones, not to put them into their\roffin*
unti l they were dead ! The captain of a ve.se!
belonging to Maine, who contracted for hospital
treatment by the job, was himself made a vic
tim to tliis system in the month of August last .
The mate of’a vessel now lying at Quarantine
was in, the hospital at the same time, and next
to him, and lie was ready to swear that this cap-.
tain was taken from his ward in the hospital,
and •arried to the dead house, some four hours
heroic ho died. Ho was heard by a patient, as
lie w is being carried out of the door hy the ne
groes employedforthe purpose, to ask them where)
carrying him. JIc was left in this condition in
tlie 3 tad house, where in his ravings he tore the
othis* from liis body, anti batter, j the (!. -it ot!
elcnfljed ii-t~ nrainst the wall. Snell facts are
latest too hon-ilfc for belief, hut the veracious
:tt i . f tin captains w ho li.-n ■ • u-!••'!
te iii orination leave no room to doubt (lie state-
nieutr
