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• «VAV\'rt Uflflfl kfiV other heoessary alteration* of the Constitution.— but ail act of justice when T say that in my be 13 promised in this State, and i. was there the pr-posed new work of Hon. Howell Cobb, sale of a road; u.- ,us tun ratMi'iww . 1 r , Bru l extrnvaeant
(jOVEKNOfi. S MESSAGE. sb.uild a reasonablereduction bemad*, theeavingof; opinion, the State has at no time had connected j secured by the State. 1 therefore recommend of Houston, which is an enlargement and im- pose that any cot tpany of sensible men, sim-, the banks from such reckless ‘ P
| expense at a single nesaioo of the Legislature would ; w ; t |j t | lc Road, in any capacity, a more com[ie- that the sum of $2,500 be appropriated to pay provement of his Analyses and Forms ; and in ply because tlio State would agree to indorse 1 speculation and over-issues as . y r ,,citecl
p, Obi-rut ffthe Senate and nearly p*}-tbu expenses of the convention. Tbo * tent trustworthy and Valuable public servant the salary of the superintendent, and ijiat this bo | the event of a favorable report bv the Cotnmis- their bonds under the very binding restrictions suspension I recommend that the auo
ditm andmilMvInfTemblS^'lert l.to,icIdS! 1 It will be seen by reference to his Report, that an annual appropriation for that purpose till the sioners, it was also made mv duty to subscribe J above propost .1, for a sum'sufficieiit to purchase law bo so changed as to make it the J , .
■ ' ■ . . ’ «’•.!. • 1 *1 A 4 • i.A Hint ... 1. line K..nh TiSIll 1TI - inPilllua ilf tin. 1 I i v t i f 1111 - ) t« *I*(TT 11Mltllpif-nt fill’ >ll«’}l 111111 il it • I - fll Pfltlips: fiir t ill. til.. In Vir.tr tend i)ti> iiv.n invnet itlT*V 111 OVlTV SUCH Osl.
H use of Representatives •
In til# UPTl'iT rTli i — of the torst article of
r. . .n of tins Sint.*, it ».- declared that
bill shall be read three times, and on thrse
separate dajf in each branch of the General As-
V.. ;» .!>■ tl liana tir.lssa in rait* nf actual
ch branch of th
auall pass, unless in case of
iHTlriOB li.A... t *»tit ii and in the nunc section
ti. fl.'ircd, tl.ut " all Acta shall be signed
by the i*r» 'i ;• nt in the Senate and the ^Speaker in
the iious# oi lt< prttacutAtives.
aiLta t.ost* vntcB were kut enobosskd asd ts-
ROLI.KD.
t • i»i tlir niljournment of the Legislature,
;> 1 :i>£ -*i »i(»ti, m> largo a number of bills passed
both 11#®##* thnt it wai not possible lor the en
"ing Hiid enrolling clerks to copy and prepare
all for flu* -ik:n?iturt*a c»t the President of the* S&nate
and the speaker ft the House, befo:o the hour of
adjournment Consequently, ult bills in this
>'-i- lost, llnd they been enrolled after
the L gia'.aturo had adjourned, they could not then
Care been signed by the President in the Senate
nor by the speaker in the House of Represents
tlves. •
.N--1 SliiSlD BY PRESIDING OFFICERS.
A number of other bills which had been properly
• i nail prepared tor signature, but which, by
•*tt##MMKftbt iu tho hurry of business, had not
been signed by either one or tho other of those otfi*
csrs,^ ero brought to the Executive Office, about the
:....* ot adjournment . and finding on ezaminati **
qftert '. I t...>r Aud ottjourni <1, that tho conatituti
u( provision above mentioned had not been compli*
li 1 v ittihi hi my aignaturv from them, believ
Ing that it could not then give them tho force of law.
Th m« bilk* arc herewith returned to tho respective
: • s in w hich they originated. It is believed that
many of tho»n were never read a second time, on
any previous day of the session, but that, when they
came up iu their order for a second reading, tho cap
tions ot titles only, and not tho entire bills, were
read. The Confutation is Imperative thAt not Only
the title, but the biU t shall be read, i.s well on the
socond ns on the lir.-t or third reading. If any ono
reading may bo di.-pei.sud with, all may; and the
bill,no matter lu»\v important, may bo passed upon
leadings "1 its title only, while its provi.-i-
i are unknown to many of the members of each
t i-? not reasonable to tmp- Bank suspensions in future, and of restraining : of like amount falli nR due at
UUI iruavn 1 - ’ - -’ -j.t—and many of them refuse tu rf -
0,547 80 or bom* AN '„ ^
AND 150,500 OF BONDS f'
There being a large unexpendM ''; 1
the Treasury, after providing f-!?; Sj
that mentioned in
and unreasonable, it is believed that much ol this
unnecessary expense has resulted from the practice
have been paid into the Treasury ' ed, (should they deem it necessary for the wel-
s.-al year ending 20th (>ct, lsO'j. fare of the institution,) to einjiloy an atMiti^na 1
on about 25 miles of the track has, Professor for the same. By virtue of this au-
Hi.
ksri %V INCONaintllAT* LIC
EM NED.
The numerous examples of hasty and inconsider
ate lcgi.-l.ition, which we mo often witness, are be*
•omii.g a source of great detriment to the Gtate,
mm should b«- discouraged by all prudent legisla
tor.-. Out* ot the great evils of the age is. that wo
legi-lnte too much. As n general rule, the failure of
a bill that ha.- merit III it i» leas to be regreted thai
t . P linage «>t H bad law. \N holeaome rule.- ot law
o i.t, u J: eti the people havr become familiar, ?
not be chw igei, uuies- for good cause, alter very
suture deliberation. A failure on the part of th
Legislature to observe this rule has involved
iMTSi* much uncertainty, and naa otten kept the
peiq igm»rnuce ot their true maaning. Our
hg^luion 3Srift»quei,tly given too little attentioi
hh their dltkiduring the earlier part ol the busines
c/the session, mod have Ult the greater part tho bu.-i
i.c>m*t tr.< •.-ion to be transacted within the last lew
'•uya before scyourumcnt. Hence, their inability to
Fire to each important measure, brought bet
them at tho close of the session, the attention and
dehbrr.difU lioces-ury to its proper diaposiUou.—
l ln nisi quence li:».- tieeii, that we bav * “ 1 ‘
inconsistent miu unwise legislation. 1
t.-arn wisdom l>y experience, we might do much to
correct this evil in future. 1 feel it uiy duty to use
all tho influence and power of my position to that
end. 1 shall not, therefore, hesitate to lay aside, and
withhold ray sanction from, all such bint passed
the hurry and confusion which usually precede
.. r .u.t :.t, n- I Mil to command the approbation ol
niyjudgraent, together with all ™ K —
nml dollars have
too often adopted by the Chief Clerk and Secretary, !?, lir ‘ n ^ 1
of emnlovin* a large number of supernumeraries. lllC Old iron on _ . • j , iat" ? » , ,»
During the , t s»ion of 18*3, »n,l lthe clerk l.ir. .since 1st January, lS5t?, been taken up and its I thonty they engaged the services of the Rev.
in tin House of Hcpresontatlvei nmi.unted to n, I j ,lace supplied with heavy netv rail. The l’oad-1 J. W. Baker; hut on account of the reduction
and in the tjenate to 8T,n IS. Sineo_ than, r law | nn( j t | ]e superstructure and tnaehinery are J of the number of cadets occuring soon after his
kept in excellent order. No new debts are con- j appointment, and the consequent diminution of
traded which are not promptly paid monthly, the incomes of the Institute, lie has not received
if demanded; and no agent appointed or re-1 his salary. As lie was employed by the author-
tained in office during my administration, is j ity of the Legislature, good faith requires that
known to he a defaulter to the amount of a sin-1 a sum sufficient to pay bis salary for the time
^ _ uch as have
beeu plainly and"correctly enrolled and signed by
th* proper officer,.
TIUrUL, LOCAL, INDIVIDUAL, * CLANS LEGISLATION.
I would farther lUKtteat the ; ropriety of dispens-
itiff with a greet deal of the trivial, local, private.
UgWltn II f 1 ai cioax oi iuo iri»*»*, iwlbi,
-ud til MS legislation which is introduced into almost
every General A.numbly, much of which is osslen
because It bent fit* no one, and much of it is unjust
and mischievous, because it benefits a few individ
uals at the expt use of the many. Let it be remem
bered tket each useless local act introduced and
passod cumbers tho journals and the pamphlet of
acts* snd that the Stat.e pays out of the money rais
ed from the people by taxation, for printing -1,000
oepio# of the Journals of each House and 5,000copies
ot tho aot itself; and that ou« day spent by the
i»r u- nil Assembly in the passage such acts, costs
the State over e2*500* in pay of members, oflicers,
uml other expense. A proper and just regard for
eeonomy dasufli reformation in this particular.
The aame objections that arc applicable to trivial
and local legislation, apply to much of our private,
or individual* andciass legislation, with many other
objections on acconnt of its injustice and inequality.
It would* in my opinion, be much better for the Leg
islature, with ii w exceptions, to lay down general
soles of law. and let all alike regulato their conduct
by them.
• EXLRCJ9E OF THE VETO POWER.
Entertaining theseviews. I have, during my term
in i.tlloe, frequently withheld my sanction from bills
of tbo character above described. In so doiug, I
do not consider that I have been wanting in respect
for th - Gem-ral Assembly. The Constitution baa as
signed to tho Qovtrnor, os well a, to the Genera!
Assembly, otlirial powers anil duties, and the people
should t.*>Id him responsible for tho Independent ex-
eeolMOf his oflicinl powers, as wel! AH the faithful
tUtoharpeof hi, offi. ial duties. Neither House of
th* General Assembly ft els tliat it is wanting in res
pect for the other when it refuses to pass a bill which
it doe* not approve, though it may have beon passed
S f the other. The Constitution doelares_ that the
overnor *' shall have tho revision of all bills passed
by both Home*, before the same shall become laws;"
and it only gives to tho General Assembly power to
nasi laws, “ notwithstanding hi, dissent, by t
third, of both Houses.
If the Governor, therefore, out of respect for tho
two Houee*. signs a bill which his judgment does
not upprovo, he denies to tho people the exercise of
t’t* Executive revision, which, nnder the Constitu
tion, they have a right to demand, as a protection
against hasty or unwise legislation.
NEW COUNTIES.
I bereave to call the attention.of the^General
ytn our new county legislation. There may
have existed a necessity, a few years since, for the
creation of several new counties, r-ome of the o.d
cnTt which were laid out when tho population was
very sparse, svero found to he too large for con
venience when they became more densely settled,
and legislative Interference beesmo necessary.—
Hlnoeuteprecedent of forming new counties has
been established, it Is believed it has sdready been
follow, d farther than the public interest may have
required. Hills for the organisation of new coun
ties covering small strips of territory, are now pas
sed which, ten years since, would bavo^met with no
fflWnr 1“ the Legislature.
The number of applications for new counties in
creases in a ratio almost double that of the number
Bad* »t each session. Wo now lisvo one hundred
amt tauty-MTS Cininit<» '»» O.o ti.to. Tho whole
amount of tax paid into the State Treasury, by each
of a considerable number ofour ....u»tic, Is trtt.oj
several hundred dollars, than the amount drawn by
encli of them from tin Treasury in paymnnt of it*
members, ami for other usual and necessity purpo
se. This deficiency of several hundred dollars
must, therefore, be made up to each out of tax paid
other.-. 1 roecommond in future, as a general
by otl
» p
rule, to which I think there should he low. It any,
exceptions, tliat no new county he formed which
does net embrace within its limits n territory at least
as largo BS the average "i.oef the present counties,
without reducing the old eounties from which it is
taken, each to a less area than that proposed for the
new county, ami that no ouch act he passed until
theLcgis-attife is satisfied that the State tax to he
paid by the proposed new enmity, when tori
X,. at toast sudicient to reimburse the but
moneys which she wilt ho Compelled to pay from
In-r Treasurj on account of its formation . and that
each County from which territory shall hav
taken to form the m-w ono will he left with the liko
ability.
Jias been passed, limiting the number of clerks to b'
employed ; and J recommend a further enactment,
fixing the pay of each clerk, except two enrolling
clerks, at e t.00 per day, and tho enrolling clerks
each at 85,00 per day. There would lie no difficul
ty in obtaining the services of any number of clerks !
needed, at these prices, who are j!iite as competent
as those heretofore employed at six and seven dol
lars pi r day. Thu Secretary of the Semite and
Clerk of the Houso of Representatives, during the
last session of the Legislature, I which lasted only
thirty-nine days.) received each seven dollars per
day, ami an additional sum of five hundred dollars
appropriated to each. This appropriation and per
diem together amounted to 13 dollars and ninety-
seven cents, each, per day, besides all rho contin*
gent expenses ineiilent to tho office of each, which
were also paid out of the Treasury. Neither of
these officers had, I think, five days of official labor
to perform after the adjournment of the Legislature.
1 recommend that the compensation of cscli of
these officers, be fixed by law; and I would suggest
that the actual contingent expenses of tho ertieo of
each ho paid, and that each receive not exceeding
t en dollars per day for tho time be is engaged in th e
duties ofliis office, without further appropriation.—
I am satisfied that it would also ha better to fix the
per diem ofmemheraoftho Legislature by law, than
to Lave if as heretofore, to be determined by them
selves at eaob session.
On account of the lateness of the hour in the ses
sion when tho hill appropriating money forthesnp-
port of tho government, is usually passed and pre
sented to the Governor for bis sanction, he is some
times left to tho alternative of giving it his sanction
when it contains Hems of appropriation, which are,
in bis judgment, unnecessary and exorbitant, and
which ho does not approve; or, of vetoing it and
calling an extra session of the legislature to pass an
appropriation bill without those items; which would
cost a much larger sum than tho amount contained
iu the parts of the bill to which he objects.
If the compensation of tho members and of all of
ficers of every character connected with the body,
were fixed by law, much of this embarrassment
would be avoided; as any proposed change would
then be brought up in a separate bill and acted up
on with reference to its individual merits. Indeed,
propriety would seem to dictnte that no appropria
tion of doubtful expediency, should be fastened up
on the regular appropriation bill, the legitimate ob
ject of which is only to appropriate the several sums
of money which are known to he necessary to the
support of the government. All other pr.ip'naeil .ip
preprint ions should bo acted upon separately, leav
mg each to stand or fall on its own merits.
CUANGE OF TIIE CONSTITUTION.
In accordance with my recommendation, a hill
isseil each branch of tho General Assembly, nt its
last si ssion, by a constitutional majority, entitled.
An Act to change the 1st Section of the 3d article
of the Constitution ol this State.” Tho object of the
proposed amendment is. to authorize a change of
venue in the trial of criminal cases, when,in the opin
ion of the presiiling iudge, tho ends of justice may
require it; so that a defendant indicted for murder
or other crime in one county, may, if tho Judge
deems it necessary to tho ends ofjustice.be trans
ferred to, and tried in another county adjoining tho
one in which the crime is charged to have been com
mitted. Tho hill was properly enrolled, and was
signed by tho Speaker of the House of Hi-presc-nta-
tivaa, hut was not signed by tho President of the
Senate. As the Constitution requires that a bill of
this character shall pass two successive legislatures,
each by a two-third majority, before it shall become
a part of the Constitution, and as a diversity of opin
ion seems to exist among members of the legal pro
fession, ns to the necessity of the signatures of the
■presiding officers of the Legislature during the Ses
sion at which tho bill was first passed, I thought it
advisable to publish the bill, as required by tho Con
stitution, (which lias been done.) and to submit it,
with tho facts, for your consideration. I deem the
proposed change of the Constitution an important
one, for the reason given in my Isst Annual M
sage.
Amendment of the Penal Code.
While on the snhjoct of criminal law, I desire to
call the attention ot the legislature to other changes,
which I deem important. When a defendant under
Uieprc-sentlawisconTictedofacrime, the punish
ment of which is death or penitentiary imprison-
inent. and tho case is carried to the Supreme Court
and tho judgment of the Conrt below isaffirtned, the
defendent, if he is not on hail, must remain in jail,
a charge to the county, until the next term of the
Superior Court, which Is sometime* nearly six
months, before he can be re-sentenced. To avoid
this delay of justice and the consequent unnecessa
ry expenso to tho connty, in aneli casts, I would sug-
gost that tho law be ao changed as to authorize the
Judge ol tho Superior Court in such cases tore-pro-
nouuco the sentence, in vacation at Chambers, upon
motion of tho Solicitor General without delaying the
execution *f the law till the next regular term of the
Court; w hich delay sometimes enables the guilty to
escape, and which in almost every case, imposes a
heavy tax upon the county.
Uy the 13th Section of the lttli Division of the Pe
nal 'Code, it la enacted "that any person against
whom a true bill of indictment is found for an offence
not affecting his or her life, may demand atrial at
tho term when the indictment is found, or at the
next succeeding term thereafter, which demand
shall be placed upon the minutes of the Conrt, and
ifsnch person shall not ho tried at tho term when
thedemandlo made, or at the next snccoding term
thereafter. Provided, that at both terms thero were
juries empannolled and qualified to try such prison
er, then lie or sho shall he absolutely discharged and
gle dollar.
I confess that the amount paid into the Treas
ury from tho road, during the past year, lias
somewhat exceeded my expectations. For this
I am indebted not only to the Superintendent,
but also to the untiring efforts of tho honest,
industrious and faithful officers and agents as
sociated with him and under his control.
It has, I think, been clearly shown within
the last two years that tho Itoad owned and
controlled by the State is a productive piece of
property ; and with proper management in fu
ture, I feel safe in the prediction that it will re
main so, and that tho incomes from it wiil con
tinue to increase with the increase of popula
tion, business and wealth in the country.
So long as the Road remains under my con
trol, I invite strict scrutiny into its manage
ment ; for I subscribe fully to the doctrine that
it is proper to hold public functionaries to rig
id accountability. And I am willing tliat judg
ment be pronounced upon mj’ official conduct
under the application of this rule.
In the construction of the Road under State
management, it is not doubted tliat thcie were
in many instances too lavish an expenditure of
the public money, and that it cost a much lar
ger sum than it should have cost I am not
prepared, on tliat account, however, to admit
that any good reason exists why a State may
not manage a great public work of this charac
ter with as much honesty, economy and_ suc
cess as a corporation. To accomplish this ob
ject it is only necessary that the officer having
the appointing power, selects agents who are
competent, honest and faithful; that lie lay
down strict rules for the government of their
conduct; that ho give so much of his individ
ual attention to the work as will enable him to
know whether or not those rules are violated;
and, in every case where he discovers he has
been deceived in the selection of a proper agent,
or where an agent, has palpably violated the
rules laid down for his government, that ho have
the moral firmness and nerve, without regard
to personal considerations, to apply the correc
tive, by a prompt removal. The observance
of these rules is, in my opinion, a duty of the
appointing power, from which lie should never
shrink. If be performs this duty, he can sel
dom fail of success.
Regarding it as a matter of interest, I have
endeavored, at the expense of considerable la
bor, to ascertain the original cost of the State
Road; but I find it impossible, for the reasons
given in the able and very valuable report of
CoL P. Thweatt, Comptroller General, who has
also given much attention to this subject to ar
rive at a conclusion with entire accuracy. It
is believed that the Report of Mr. Garnett, then
Chief Engineer, made in 1847, of tho amount
expended to that time, is about correct He
estimates the whole cost to the date of his lle>-
port, $3,305,105 88. Since that time there
has been appropriated to the construction Of
the Road, its equipment, ic., in cash, and in
the bonds of the State, the sum of $1,130,36G.-
27. Add these sums together, and we have
$4,441,532 15, as the total amount appropri
ated by the Legislature, and paid out of the
State Treasury for the construction and equip
ment of the Road. This, in my opinion, is a
very near approximation to correctness.
I am aware that some persons, in accounting
completion and distribution of the work among) bring, if sold, a.sum suti
the counties, 1 advanced to Col. Cobb, in accor
dance with the spirit of the resolution, .*3.000.
nt to pay for only
the counties, 1 advanced to Col. Cobb, inaccor- die part of the iron for the price of which the in specie
State would be liable. Capitalists do not usu-: tiff lie en
refusal to redeem the note
.. hen presentedand that the plain-
titled to judgment at the first term of
he has served, be appropriated.
At their last joint meeting, the Board of Trus
tees, and the Board of Visitors, after much dc-
iilieration, agreed upon a bill to be laid before
the legislature, proposing such changes in the
law for the future government of the institute
as experience has shown to be necessary. A-
mong other things, it is proposed to abolish
both the old boards, and to substitute in their
place a single board, to be charged with the
entiro government of the institute. It is also
proposed to connect tho institute with, and make
it part ot, the military organization of the State,
and to give to the Commander-in-Chief the same
control over its officers which he has over oth
er military oflicers of the State. This, it is be
lieved, will secure more strict military govern
ment, which is considered indispensably neces
sary to the success and usefulness of the insti
tute. I therefore respectfully recommend the
passage of the bill proposedby the joint boards.
MILITARY SYSTEM—VOLUNTEER CORPS.
For the purpose of giving new life and ener
gy to our military aystem, which is now almost
entirely neglected, the importance of affordinj
to'a portion of the youth of our State a thorougl
military education, cannot be too highly appre
ciated. The pcopleofmanyofthoStatcsofthls
Union arc falling behind most of the civilized
nations of the earth in military training. With
in the last twenty years, the more powerful na
tions of Europe have probably advanced more
in military science and skill, and in all thcarts
of war, than they had during any previous cen
tury. It is believed that no one will doubt the
correctness of this remark who lias observed at
tentively the late struggles between the contend
ing powers in the Crimea and in Italy.
There is not a more brave and patriotic peo
ple on earth than those of the United States;
and there is probably no nation whose militia
is so Ircliablcon the field of battle, yet in this
day of constant advancement in Military science
those who depend alone upon patriotism and
valor enter tho field, even in their own defence,
under great disadvantage. Should our country
bo invaded by any of the great powers of the
other hemisphere, our people would be found at
the commencement of the struggle to bo almost
destitute of military training. Until this defi
ciency could be supplied, they might be unable
to contend with the disciplined troops of a reg
ular army, without great loss of life and much
detriment to our national character.
There is probably no State In the Union, cer
tainly not one of the old thirteen, in which mil
itary training is more neglected than our own.
thor. It is expected that the remaining $12,000,
due on tho State’s subscription, will he appro
priated at your present session.
WEIGHTS AND MEASURES.
An appropriation of $10,000 was made at the
last session, for the purpose of supplying all
the counties not then supplied with standard
weights and measures. Soon after the close of
tho session, I caused circulars to bo addressed
to the Clerks of the Superior Courts of the sev
eral counties, informing them of the fact of
such appropriation, and requesting each to re
port to me whether his county was supplied. , , _
with these standards; and further notifying!^ 0 proposed pian to tho development <n
each, that his county would be considered as t ^ ie resources ol the State; and it may be
supplied unless he furnished the information. : what are the advantages ol State
In reply, I received information of the dcficicn-1under this plan ? To this it may be n plted,
cics which existed in ono hundred and thirteen ^ 1U company, with tho State s cmiorse-
counties. From the remaining nineteen coun-) incuts upon its bonds, can g. II them at par in
tics no reply was received, and I was left to market, and thereby save itself from the
presume that each of the latter was fully sup- ruinous loss which it would have to bear should
plied. I have since caused to be manufactured compelled, by its necessities, astuca cont
end supplied to each county whose alcrk in-1 pantos often are, to expose its bonds in the mar-
formed me of any deficiency, the standard j without such endorsement, for the purpose
weights and measures which were considered °f nus ^ n 8 money to complete its road. Many
* - - * companies which, arc now doing a prosperous
State’s aid bv the endor :ncnt of their boml-, J lie declared to bo a high misdemeanor and pun-
—i .» /• i ■!—» -i j ii-c i a- —k(t„„..„.„i an( ; hard labor m the
ordered v-S
to give notice, n. the public gaJ ‘V
would redeem, at par, at the •]. ; >
Augusta or Savannah, the bead* *
not yet due. After several month/-..' 1:
ment, he was able, to find only $99
not due, which the holders wer/ w- . I
with at par. These he redeemed t
$1,297 50 of interest which hid,
for a term not less
unless they were satisfied that the road was a | ished by confinement at
public necessity, and that the stock, after the | Penitentiary of this State
road should he completed, would pay reasons- than five years, nor more than ten years,and that
blc dividends. the t iranil Sury of each county in this State, in
The law, if passed, should be a general one, which a bank is located, shall, at the opening
;iving to every company in the State, engaged 1 of each term of the Court, in addition to tho
giving to every company ,— 0 - 0
in the construction of a railroad, ihe same aid, I oath tlow prescribed by law, further swear that
subject to tho samo liability. It may bo oh-1 they will diligently inquire, aniltrueprcsent-
jeeted, that the terms upon which it is proposed ment - make, of all cases of bank suspension
to grant the aid are so onerous that no prudent j which have occurred in the last term of the
company would avail themselves of its benefits, ! Court, and in case any Grand Jury shall pre-
and that no encouragement would ho given by sent any bunk as having suspended specie pav-
* ' " " ■■■'* *’ ' ment, that it shall be the duty of tho Solicitor
General forthwith to make out bills of indict-
We know not how soon we may be brought to . . ' ,
«!_ *:~i -r —j: , The library' is at present kept in one of the
the practical test of defending ourselves against
the assaults of foreign ambition, or the more un
natural attacks of those who ought to be our
brethren, but whose fanaticism is prompting
them to a course which is daily weakening the
ties tliat bind us together os one people. The
father of his country has admonished us to pre
pare for war’ in time of peace. If we would
profit by his advice it is necessary that we re
organize our military system. I do not hesitate
to say, that the State should ofler every reason
able inducement for the organization and train
ing of volunteer military Corps, as the best and
most efficient mode of reviving the military spi
rit among our people. This cannot be done un
til she has made provision for arming such com-
for the gross incomes of the Road since its com” P* n * es v A* present, the only provision for this
plction, have charged largo amounts of these
incomes to construction. Thi
tese sums were, I
think, generally more propet lj chargeable to
repairs, Ac., than to original construction. As
an instance, the Etowah bridge was burned
down seme years after tho road had been in
operation, and it became necessary to build a
new one. The cost of this could not be proper
ly be chargeable to original construction, but,
was, I think, properly chargeable to repairs on
account of casualty.
A portion of the iron originally laid down on
the track became so much worn as to be unsafe,
and it was necessary to procure and lay down
new iron in its place. Tho cost of this was al
so properly chargeable to repairs and not to
original construction. If a Depot building was
sufficient, when the road was completed, to
Lit.- all who had l.u-im -sat tin- p!a .-.
decay
purpose, is tho distribution of the small quota
of arms which the Stato receives annually from
tho general government, and which is wholly
inadequate to the demand. The consequence is
tliat many of our volunteer companies are with
out arms, while many others would bo organis
ed were it known that they could be supplied
with suitable arms.
" Frequent applications arc made to this De
partment for arms, with a view to the organi
zation of new volunteer companies; and when
those who apply are informed that they cannot
be supplied, all further attempts to organize
such companies are abandoned.
• For the purpose of encouraging the organiza
tion of volunteer corps. I recommend that all
laws now in force requiring the performance of
necessary. If the supply needed by any coun
ty lias hot been shipped to its nearest railroad
d"e;>ot, the fault rests with its own officer who
tailed to furnish information of its necessities.
I have also caused to be deposited in the
State arsenal, at this place, twenty-seven sets
of standards similar to those furnished the coun
ties above mentioned, which are subject to the
future direction of the Legislature.
These weights and measures are of a very
superior quality, audit is not doubted that they
arc entirely accurate. They were manufactur
ed by John W. Kissam, of New York, under
the supervision of Col. John T. Smith, of that
dity, who was formerly a Secretary in this De
partment.
census or 1859.
In accordance with the requirements of the
Constitution, the last Legislature made provis
ion for taking the State census this year, which
has been done; and it will become your duty
to make the septennial apportionment of mcn-
bers among the respective counties, in propor
tion to their respective population.
LIBRARY.
For several years past, an annual appropria
tion has been made,‘of $1,000, to ncreaso tho
State library. It should be the pride of Geor
gia to supply herself with a library as extensive
and valuable as that possessed by any other
State in the Union; and I trust her Represen
tatives will continue to provide for its annual
business, while constructing their roads, were
compelled to sell their bonds at sixty cents in
tho dollar, to raise money with which to com
plete them. Had the bonds of any such com
ment against tho President and Directors of
such bank. In my message to tho lust Legis
lature, I expressed the opinion that in view of
the imperfections and abuses of our present
banking system, we should do all in our power
to bring about its complete reformation, and if
this be not possible, that wc should nbandon it
entirely. 1 consider tliat the people of Georgia
have endorsed this opinion, and! respectfully
$1,297 50 of interest which had a/,
them, which was not yet due.
$150,000 OK EDUCATIONAL Bu;,;,,
As directed by the statute, I hav, . '
the redemption of these bonds, tig*? 1
bonds, dated the first day of this"” t -
twenty years after date, beafcig s ,
interest, payable annually. Tits*
payable to the Secretary of Stn„-, /..
of the Educational Fund of Gc.'i - j
deposited in his office; the intere,',. ‘
will, in future, he distributed aaatm?
of tlie School Fund.
duty or ordinaries.
The seventh Section of the S.!,,.
thorizes the Governor, before dnu ,
rant upon the Treasury for the am ,
fund to which each county i.s
entnloU
urge upon their representatives the enactment
each Ordinary to furnish him with t
of children in his county betii.v
eight and eighteen—the number e,
mentary branches of an English awj
number taught the higher bran,
tion, and the rates of tuition in the t
branches, and in the higher br,i;
other fads and statistics which ;>
rooms of the Capitol, which is entirely too small
for tho purpose. "Many valuable books and
documents, for want Oi room in the library, are
now kept in the basement rooms of the State
House, where, on account of the dampness of
rooms, they aro much injured.' I, therefore,
recommend that an appropriation of $10,000
or such other sum as may bo necessary, be
made, to build a fire-pooof brick building on
the public ground, East of the Slate Ho Use, to
be used for the purpose of a library.
MINERALOfilCAL AND GEOLOGICAL SURVEY.
In the event of a future mineralogical and
geological survey of the State, one of tho rooms
in flic proposed new building might be used as
I ‘ tble
pany had the proposed endorsement they would
have commanded par in ihe market, and thus
a cabinet for tho deposit of valuable specimens
of ores, fossils, Ac. I do not doubt that such
a survey would bring to light immense wealth,
which is now buried in .the bosom of our State.
I, therefore, renew the recommendation made
acquitted of the offence charged in the indictment.”
9 lie Supremo Court first held that the defendant I but which afterwards, on account of the decay . , , , „
might make tho demand at anyterm alter tho find- of the structure or increase Of business at the t>°n tax be assessed and collected, from each
ing of tbo bill ofindictnn nL They have since held location ana found lia insufficient nnd it person of twenty-one years of age, or upwards,
that tho demand can only he made at the term when S^nl^^to ln.ild n new one iu c J is subject to do military dSty in the Stato
the indictment is found, oral tho next succeeding became necessary to build a new one, its cost J a-tnembea an ortranizedvrd
Term. For tho purpose of ranking the Iaw i sore could not be justly chargcdto original construe- wno is noi a tnciuucR oi an organizeu vol
certain* I recommend that this Section be so amen-1 tion unteer corps which drilled at least once a month
ded asjto permit the defendant to makefile demand | -\yjthout multiplying instances of this kind, throughout the year, preceding tho collection of
. . * » 0 . . . ihn tnv Thsts to V ChAllltl Itn lilWnn nnounk
fendant or bis counsel that the bill lias been found
trno by tho Grand Jury. And on tho other land,
for the purpose of promoting tho ends of justice by
seenrin# a speedy trial of offenders, I recommend
snch change in the law as shall compel defendants
in criminal cases* to come to trial, at farthest, by
the second Term ot the Court after the Term at
which the bill of indictment is found, unless forth-
*r time be Riven by the Conrt on acconnt of very
special Providential cause.
and that all such enlargement of buildings, re-1 ^
construction of bridges, renewals of superstruc
ture* repairs of track, <£c., <£c., as were after
wards required for the safety of transportation
and travel over the road, or for the nccommo
NATORS ASD R*p.
Tho farther fact that the number of Senators and
Hoprt■!*» ntatives i* increasing with the increase of
th» number of new oountiui* is, to my mind, another
reason why faw* if any, other now counties should
bo formt'd. <>nr legislative Assembly is already
inuult to.* lnr£t»,expensive,and unwieldly. A Senate
coinpi't'fd of one hundred and thirty-two members
differ* but little troin a House of Representatives, ex
it-, n.mr It i* uhnust impossible for so lar^e a
body to maintain that calm amt aigmneo Ojnnpren,
nnd to net with that coolness, deliberation, and cau
tion, which nreindlipoxisable to tho proper discharge
of the hi«;h functions of a wise and grave Senate;
which, when property organized, isjustly looked to
one of the strongest bulwarks of liberty in a Re
publican government.
1 would, therefore, most respectfully, but earnest
ly, urt*' upon your consideration the importance ol
an fitr 1 v t ban^e «>f the Constitution, so as to reduce
the nun her of Senators and Representatives.’- I
W( ,uid siitfscst tliat the Senate be reduced to thirty-
thro*- membe r^, which would be an av«*ra^e of one
for every four counties and the House of ltepie-
i*ent!iti\«-s to one hundred and fifty-two members,
which would be two to each Of twenty counties hav
injj the highest representative population, anti one
to each of the remaining counties. Each of these
botii* a would then be quite large enough for the pro-
n**r di>< barge of all its constitutional functions.—
Eubcouhty would haves diitinot and separate
voice in tho House of Representatives, tho twenty
having each two Representatives. The adoption of
this .-ULVcftion would reduce the present number of
8tnnlors nnd Representative*, from three hundred
and ono, to one hundred and eighty five, being are-
ductiou ot one hundred and sixteen. Upon the score
„f Jait economy, this reduction should be made, if
at tbo Term when the bill of indictment is fonn- and T ,, ... ' L, " ,1.. r }l the tax. This tax should be large enough to
a statement of the nose read in open Conrt Ity the 1 conclude that as soon as Lnc Lc 0 islsturc njdt . enffiejent to arm Hip entire unlnn
Solicitor General, or at the llrrt or second ■<tin appropriated a Sufficient sum to complete the p" sc a SUU1 f c, CI ,„ ..fFj,I , ® n tirc '°Iun-
tliereaftcT, or at tlio third term, if tho Solicitor falls I road, and to rilacc upon it the superstructure force of the .. t.i tc, it itn the latest and most
""P h J,f 1 ‘*0“ w t .M. t ?°„To iu , and machinery necessary to the transaction of approved style efarms. As soon as a sufficient
enda'nTo" hi," L^fi'u “S ^ the business oflered by the sountry to the road, shall he collected in this way, I recom-
thc original construction account was atan end, ^ ^. m ^° procuring toe contempla-
and that all such cnlaruement of buildings. tZ I ^ anui N be expended m the erection at
some suitable location m toe State, of a State
Foundry for the manufactory of aryis and other
munitions of war. This would make toe State
much more independent in case of emergency.
dation of increased business,arc properly charge
able to expenso of keeping up the road, nnd not
-isiaimm sans — -U —,——A . -l i.i. imn
During my term in office I have seldom excr- ration. Had the road remained unproduetivc
cised toe pardoning power. Whilo I admit) to toe Treasury for n quarter of n century, on
that there arc rare cases, as in the case of the | account of had crops, casualties from firo or
newly discovered evidence after too conviction, 1 flood, commercial pressure, bad management,
which might reasonably have changed the re- ! or from any other cause, it could only have
suit, had it been before the Court on the trial, been evidence that the origjnal investment was
and a few other cases, where the power should an unfortunate one for the time; but surely toe
bo exercised, I do not doubt that its exercise repairs made, and all the State’s losses during
may be, nnd often is much abused. I have that time could not, in justice to tho officers
therefore thought it my duty to exercise it with afterwards in charge of the road, be properly
great caution, believing that it Is far better, ns chargeable to original cost in calculating the
a general rule, for the safety and welfare of so- per cent which toe road might afterwards pay
ciety, that the decisions of the Courts and Ju- upon the original investment,
rics deliberately made, with ail the tacts before Estimating the original cost, therefore, at
them, should not he disturbed. I l ove no sym- $4,441,532 15, the road, during the past fiscal
potoy with tliat sickly sentimentality, which : year, (ending 20th October last), lias paid into
always, forgetful of toe injuries inflicted upon the treasury of too State nearly nine and a half
the innocent by toe guilty criminal, would in per cent upon the original investment And it
the name of mercy, turn loose upon the com- should not bo forgotten in this connection, tliat
inunity every felon in whoso favor a syinpa- it was built at a time when railroading was not
thetic appeal can bo made. J have not only well understood, and that it was built asapub-
refused the exercise of the pardoning power— lie work, at a cast greatly more than Would have
except in a few very special cases, such as in been expended in its construction, even at that Harris, and David Irwin, were elected commis-
my opinion were contemplated by those who time, by a private company. sioners to perform that important service. The
* " fc m - • -..... mmm *— —’ ’ two former declined to accept tho appointment
■_ , ^ . The statute provides that any vacancy which
whsp in my opinion, after an examination of! whole cost of the road would not proliably
the evidence, tho finding of the jury, and the 1 have exceeded, if it even had amounted to, $3,-
judgment pronounced by tho Court, were in ')00,000.
conformity to law, and the principles ofjustioe. j Tho sum paid into the treasury during the
In such cases ray opinion is. that too officers of past year is .fourteen per cent upon that sum.
the bw should not be hindered in its cxecu-) In comparing the present management of the
tion; and I have not therefore, suspended the! road, with company management, it is certain
over one-third of toe cost of construction would
have been saved to the company. As an illus
tration, suppose it wilt cost $600,000 to build a
road between two given points, and tlio road, if
built, would be of much public utility, and do
much to dcvelope the resources of an interest
ing section of the State, and a solvent company,
without the cash at present, undertakes to
build it upon credit, by the sale of its bonds,
as such roads are often built, the bonds must lie
offered in toe market, and will bring only sixty
cents in the dollar. It will cost $1,000,000 of
bonds to raise the $600,000 in cash. When
due, these bonds must be redeemed by the com
pany at par. It will, therefore, cost the com
pany $1,000,000 to build the road But sup
pose the State endorses tho bonds; they will
then bring par, and $600,000 of bonds will
bring $600,000 in cash. The company in that
case would have but $600,000 of bonds to re
deem ; consequently, it would cost them only
$600,000 to build the road. The State’s en
dorsement would, therefore, be worth $400,000
to the company. The State would remain per
fectly secure, and have her resources greatly
developed, and too lands of .her citizens in the
vicinity of toe road much enhanced in value,
which would increase not only too aggregate
wealth of tips people, but the amount of taxes
due tho State.
AYithout tho endorsement of the State, the
road would not probably be built • Before tho
company would undertake to build it, the stock
holders, as prudent men, would calculate the
per cent it would probably pay in dividends
after its completion; and they might be satisfi
ed that it would pay eight per cent upon the
cost if it could be built for $600,000, and bo
willing in that case to incur the liability and
proceed with the work. Should it, however,
cost $1,000,000 to build the same road, it could
then pay in dividends from the same amount of
business, but little over half of eight per cent,
and in tliat case they would refuse to incur the
liability, or to proceed with the work. Conse
quently the road would not be built; tho re
sources of the section would not be developed;
tho price of lands would not be raised, and the
of such laws as will carry it into practical effect.
The liability of the banks and bank officers,
should be made so stringent as to deter t hem in
future from trifling with the rights of the peo
ple, for tlie purpose of advancing their own in
terest and their own speculations.
EDUCATION.
ThelastLegisIatuae, by Its liberal enactments
and enlightened views upon tlie subject of Com
mon School Education, not only rendered the
State most valuable service and’ entitled itself
to tlie thanks of the whole people, but set an
example of liberality in favor of education which
challenges the approbation and deserves the
imitation cf all its successors. It is true, the
Common School System adopted, was not per
fect, nor was this to have been expected. So
great a work must be progressive and a succes
sion of wise enactments, guided by tlie light of
experience, can alone perfect it. But the last
Legislature did take a most important step in
the right direction. It laid broad and deep the
foundations of a system upon which, if its suc
cessors are equally wise, a most beautiful and
perfect structure in all its magnificent and sym
metrical proportions, will soon be reared.
In addition to the sum heretofore appropria
ted and distributed annually for education, it
made an annual appropriation of$100,000, to be
paid outjof the net proceeds of tho tY. & A. Road,
and providcd'that the school fund should be fur
ther increased, annually, as fast as the public
debt is decreased; and that the interest hereto
fore paid to the State’s creditors, shall in future
may require said Ordinaries to
turn, and which may he deemed u-
future legislation.
Under this Section, I caused cim.
addressed to all the Ordinaries of ')
calling on them to furnish such fact, *
tics as, in my opinion, might be usd
future legislation. Most of the Out;
performed their duty and forward! •
sary information. Some have, hottitJ
very imperfect returns; and some]
none. It may become my duty to vi
fund from the counties whose Ordic;
default, till they shall have made ttl
In such case, I shall not fail to make j
the people of the county the rcaso;
fund is withheld, and give them an c .
at the hallct-hox, to hold tlie proper-J
ponsihle. The Ordinary of ea. h
power to withhold too fund from tint
till they furnish him with then .ve
rnation. This will, no doubt, besofigJ
alty to enforce performance of dutv :
part.
SCHOOL STATISTICS.
Thus far, returns have otdjbta no
from 102 counties. These retun.;
valuable information. I haveln4t -_.
ed in a statistical table, which is ■
and will be at all times subject 101
of members of the Legislature. So,
Ordinaries of the oiner counti-.
their returns, the table will bepriaid, I
ed by the General Assembly. 7
from those 102 counties furnish th
I
I
: paid into the treasury would not
in my message to the last Legislature, that
provision be made by the State for such a
survey.
BOUNDARY LISE BETWEEN GEORGIA AND FLORIDA.
Iam informed that the last' Legislature of
Florida agreed to thejpropositfons contained in
tiicjoint resolutions passed by the Legislature
of this State at-its session of 1857, for the set
tlement of the boundary line between tocso
States, upon tho basis agreed upon by too lato
Executives of the two States. The Governor of
Florida, being desirous that the line between with tboso now in opcr ^ ioll . gome of these
the terminal points Minch have been agreed companies are now making very large profits
upon bo re-surveyed, as contemplated by the and whilo 1 desire to see them prosper, and
amount of tax
bo increased. Hence, I concludo that it will be
a wise policy, on tlie part of the State, to grant
the aid upon these'terms, that no prudent com
pany will receive it until the stockholders are
satisfied that the road will pay when completed,
and that tho aid will bo very valuable to it com-,
pany engaged in building such a road.
It is sometimes sait\ that in justice to too
railroad companies already in existence, the
as fast as the debt is paid, be added to toe school
fund, and distributed for educational purposes, i * ,lto resting tacts:
This $100,000 appropriation teas made under ! her of children between the ages cf
the supposition that the net incomes of toe 1167,825; 2s umber between S and 1:
State Road would not exceed $300,000 per an-) 1859, <57,155 ; total of all persons
num. As before Stated, the Road has during | Cf these, 49,090 are males,
the last fiscal year, paid into the Treasury of j ? re females. W holo number of m
the State $402,000, clcarof all necessary ex pen- i ) n 'be elementary branches, 29,238;
ses and repairs. I females, 22,6S1. V. hole numbu-
Estimating the future incomes from the Road ■ taught in tlie higher brandies, 8,032.
at a like sum perannum, I see no jus t reason ! 7,013. Average tuition per ann
why the annual appropriation for school pur- , mentary brandies, $15 50; in the
poses, may not be safely increased to $150,U00. ! cs - $20. M hole number of s
exclusive of tlie interest on the old fund, ami 1 1775 ; number of scnools, ITg. J
tho interest on tlie bonds which are to bo issued ) Methodist Male C ollegcs, 4, in wh; ;
for educational purposes as the State debt is paid. ; been taught .‘i5S pupils ; MetoodatH
I earnestly recommend this increase of $5u,000, jeges, 4—pupils, 524. Baptist 1L
perannum, in the annual appropriation. 1 f "—pupils, 297; Baptist rcmalel
this be made, the amount for distribution next j pupils, 322. Presbyterian Male Cleji
year from tho State Treasury for Educational Pj'-S ID ; Presbyterian female Co_e
purposes, will be nearly $200,000. pils, 325. Colleges aud lligbSd.'
DEPOSIT Wirn BANK or SAVANNAH.
The School Act of last year authorized me to
deposit the School Fund, and other surplus funds
in toe Treasury, with any of the banks of Au
gusta or Savannah, at interest, upon the best
terms I could make with the banks. Under
this authority, I was able, on the 14th day of
January last, to deposit the sum of $100,000
with tho Bank of Savannah, for which it gave
|G<
that
(bsei
tpo
Inior
Stateshould not aid or ciicourage"tl)o C bmIding^ ^ obiigation to pay interest .on the amount,
of other roads which may comc°in competition^ atthe . ra - to -? f S - CVCI ? P- er ccnt ’ * cr annum >- “9
The God of Nature has supplied us, in rich pro-
[ftaioiV with all the materials necessary to the
accomplishment of this purpose.
volunteers, they would cxliihit' much mlfitarf
pride; and the young gentlemen educated at our
State Military Institute would, in all probabili
ty, be elected to toe command of many of the
companies, who would bring into practical op
eration, in training our militia, toe soBence and
skill which they have acquired at the Institute.
In case of war, we could then bring into toe
field a large force of well trained volunteers,
commanded by officers of thorough military ed
ucation, who would, in almost every case, be
natives of our soil Our untrained militia, if
called into the field, with such a force, and such
joint resolution of the Legislatures of tlio two
States, has appointed B. F. M'hitncr, Esq., as
Surveyor on the I'-wt of Florida; and I have
appointed Prof. Orr, of Emory Collego, ns Sur
veyor on the part of Georgia, who will proceed
soon to run tlie lino, and thus terminate, 1 trust,
all further misunderstanding between the two
States, in reference to this vexed question.
I recommend toe passage of an Act author
ising the Governor, so soon as thesurvey is com
pleted, to draw his warrant upon the Treasury
for such sum as will compensate Prof. Orr tor
his services.
officers at their head, would at once become in- p' cU < ? CS r CI ?; C<1 »°nument to bis memory,
fused 'with the niilitarv snirit. and seen with IhoBoarelof Directors, since the date of my
fused 'with toe military spirit, and soon with
much of tlie military skill, of tlie voluntcers,and
would constitute with them an invincible army.
codification or tub laws. ■
Provision was made by the last General As
sembly for the codification of tlie laws of this
State, and lion. II. V. Johnson, Iverson L.
itence, nor referred tlie case to-your consid- j lyjust to the present officers, who did not build
tion. The Constitution does no't £ay tliat j it, to count the per cent upon sucli sum only
sente
oration. MHL ,. *HHB
the Governor, in such cases, shall grant’ a res-1 as tlie road should reasonably havo cost, had it
pite, but only tliat lie may do it. It is evident, been built by a company, and not upon such
may occur among tho Commissioners, shall be
filled by tho next General Assembly. To pre
vent a failure of the commission, and the defeat
of tlie object had in view by the Legislature, I
proceeded at once, in aceorilaiieo with the pow
er vested in me by the Constitution, to till said
vacancies, till the next session of the General
Assembly, by tho appointment of the lion. T.
R. R. Cobb and lion. Iflchard II. Clark
ATLANTIC AND GULF RAILROAD.
In May last, I visited the Atlantic and Gulf
Railroad, and 1 take great pleasure in saying
that I consider it an excellent road, so far as it
is completed, reflecting great credU.vpon the
able, energetic, and efficient oflicers who have
had the work in charge, and upon tho trust
worthy and intelligent Board of Directors u ho
have tho supervision and direction of its affairs.
M-- —I- — --— — * — I—— Iw.r-n fnithfully
donc, my opining is tliat those having the con
trol have permitted no wasteful or extravagant
expenditure of the State’s money. In common
with tho citizens of Georgia, 1 deeply" regret
the death of Dr. James P. Screven, the late able
and untiring President of this road It is said
that in his extraordinary efforts to push forward
to its completion tin's great thoroughfare, which
is to giro new life and energy to a largo and
very interesting section of our State, he con
tracted the disease which terminated his valua
ble life. The work, when completed, will stand
would not wish to see their dividends reduced
below a point where toe stock would bo rea
sonably profitable, no matter how much other
the third Monday in toe present month, which
is the time fixed by too statute for tho distribu
tion of the fund among toe counties. The in
terest to be received from the bank will be near
ly $6,000 which will be added to toe amount
to be distributed, together with some $10,000
interestemight thereby bo Jtomotcd, I am un-|?'; : : . L"-“ n -n.lucu-.ncnt
willing that such sections of the State as arc \ nf to*
without railroads should be denied their bene- JL. fcOi* /./r 1 f . 3
fits on the ground that the largo incomes of ol for "?‘ Ich \\ furnishes the
some of tho wealthy companies now in exist-1 „ . arc ^’ ™ , V11 *? * ort ‘ crn
encc, might be reduced by giving these sections ' , ?. L . . . . t *, *’y ° , 01 1
an opportunity to participate in the advantages <1 ri w k
4usv oaYaiinah requires me to state, that it has been
whmh would result to them from the construe- d { iberal ( , u . discharge of its ob-
tion of other roads. Indeed, I entertain no fl,;* . . ,a,h
doubt that The interest of the people requires I ^ . s ’. 1 . . , 11 ?, on ~
>1 * ,i „ „ vinccd, after a correspondence with several other
that tho number of roads be increased n( > banks in the cities of Augusta .and Savannah
one shall have a monopoly of the business of • ° - -
tarian—male, 10; pupils, 773; 1
pupils, 1222. Number of Acadraaarl
of tlie 102 counties, 99 have appciix
to examine teachers, and 1297 teach®:!
sedan examination. The < .
49 of the countiesof this State havcg
as required by the statute, for tin t
burseinent of the school fund. Tbtr:
83 have not yet complied with the Is-
particular, and will not be entitled: 1
fund until they shall have given boril
tod by the statutes. For the G: I
constituents, I shall have the n.r: f
faulter; published soon.
SCHOOL TAX COLLECTED RV l
It further appears, by these t
proper authorities of only 84 of the li
ties, have levied and collected eachta
to be added to the school fund of
The eo mtie- of Clarke and Etliniu.
assessed fifty pet cent upon the L;|
school purposes. This is the high.- I
levied by any county. The « "
wether only assessed five per oait
State tax, which is the lowest per «
by any one of the >4 cumufts
amount raised by the > t eon - |
purposes, is $04,997. As each of C-
her cf the counties which draws iHji
portion of the amount distributed fr j
'Ms
be Co
rdcci
bSaKsa&as ^-satar,
greater the cSmpctition H
lower will be tho freight and fare, and the bet-
last Message, having certified to me, as tho sta-
■ the
tute requires, that the second, third, and fourth
instalments, of sixty thousand dollars each,
have been paid in by tbc private stockholders,
on their subscriptions, I have, in each case, is
sued fifty thousand dollars of tlie State’s bonds,
as the statute directs, and delivered them to the
company, at par, as the State’s instalments due
upon her stock. The whole amount of bonds
issued to this time, on account of tho road, is
$250,000, for which the State holds that amount
of stock in tlie company. The Directors hav
ing lately notified me that the fifth instalment
of $60,000 has been lately paid in by the pri
vate stockholders, I have prepared $5O,U0O
more of the bonds, which are now ready for
delivery, and will be demanded in a few days.
STATE AID.
ter for those who travel(pnd ship freight over
them. When there is no competition, for the
purpose of accumulating larger incomes, the
freights are usually placed by the company at
a very lilgli llgurc, and tho ohippor must b«U*
tho loss.
Again, deny that any’company has a right
to complain tliat injustice has been done it by
the State, should she permit or encourage toe
building of such roads as the. interest of her
people in different' sections require, which do
not in any manner violate the chartered, rights
of such company. Most of our railroad char
ters^ contain guarantees to the respective com
panies that no lateral road shall bo built Within
a certain number of miles of the road of tho
company to which tho guaranty is given; say
twenty miles as an instance; These edrpora-
tions claim that the charter isa contract between
tho State and the company, and they cling with
tenacity to every chartered right given them by
this contract, and exercise it, if profitable, no
matter how onerous its exercise by them ma
required by tluMct of 1857. I consider it not
therefore, ho content with the contract; and
should not be heard to complain when the State
exercises rights reserved by her When she grant
ed to them their charters.' The State, in the
case above supposed, as an instance, when she
granted the charter, guaranteed to thq compa
ny an exclusive right over a strip of her territo
ry forty miles wide. With toft guarantee they
tvero content, accepted tho charter, invested
their money and built too road. The interest
of a large number of persons outside of the lim-
only a solvent institution,, but as prompt and
reliable as any bank in toe State.
SCnOOL COMMISSIONERS.
The second Section of tlio School Act of 1858
imposes upon tho Grand Jury and Ordinary of
each county the duty of devising a plan for tlie
advancement of education in tlie county, and
gives them absolute control over the applica
tion of the fund. This portion of the law would
seem to require amendment The appropriate
duties of toe Grand Jury connected with the
Court, usually require their entire time, while
in session; and they cannot in connection -with
their other duties, give, to this subject tlie at
tention M hich its importance demands. I there
fore recommend such change in tlie law as will
transfer this jurisdiction to an intelligent Board
of School Commissioners, to be chosen annual
ly by toe Justices of the Inferior Court and Or
dinary of each county.
mauer lion onerous 1LS exercise Dy tncin may superintendent of education and ordinaries.
be to other interests in the State. They should,
tax of at least 25 per cent upon th
to be added to toe amount which iti
Hon. T. In my annual Message to tho last Legislature, i ts embraced in the guarantv, probably after/
. These I gave it as my opinion that it would ho good wards requires that they have a road; thcState
nml in I nn hir llin Vintn in lAml lure iif 4r\ ..LI 2_ I -. . . ! .
Ihe School 1 uml of each County is now paid
by the Treasurer of the State to the Ordinary of
the county, who is under bond for its proper
application and faithful disbursement The
sum now annually distributed is large, and there
is no provision ot law which requires each Or
dinary to report to the Governor or the Legis
lature, or to any other authority at the Capitol,
how he hap disposed of the fund in his hands.
To prevent any misapplication of-this fund, .and
for tlio purpose of holdiflg all persons who havo
control of the public money to a strict accoun
tability, 1 recommend the appointment, in such
f the General Amcm
1 ijv u ill)im nothing impaired by it. L*t us look at
thi- question for m moimmt, iu this light. Should
th- of tho last Gonoral Aasomhly.tho mom
fe-rs ol which voted themaolvoa each six dollars per
day, bo followed h> a precedent (the propriety of
wjnch l..v» boon doubted.) these one hundred and
Mxtr*?nS«H:or.sand Representative* will, in future.
<iraw fr in tin- Tinisury six hundred and ninety six
dollar* j-flr day, during th« session. If the session
contin :-- but forty days, this will amount to H40
' <> t*iii h •.--Jon. To this add #31 00 to ouch, which
is about the nvt riq;e mileage of a member, and the
mib-HL’u of the one bundled and sixteen would
amount to tli.’*:'»> 00 . which, added to the per diem
d, makesatotal of#31,430 00, there
should the proposed reduc
tio 1 be made, that sum, each ression of forty days ,
sh< u!d the session ha longer tho sum will be greater.
Hut it is believed, row that tho sessions are annual,
that the people do not expect them to he protracted
he <»nd forty days, ind that no sufficient reason ex-
i»i? for so doing, a* I ho necessary business, with
diligent attention <h ring the earlier part of the ses
sion. may be dispatched within that time. Tlie above
■uni is now raised annually by taxation from the
opV. and is in my opinion, expended in a manner
nay as ah.
therefore, that it i*» made his duty to exercise a
sound discretion, in determining whether or
not the case is proper to be referred to the de
cision of the Legislature.
PENTTENTIABY, ANIt STATE ASYLUMS.
For a statement of the present condition and
management of the Penitentiary, the Lunatic
Vsylum, the Academy for the Blind, and of the
Institution for the Kducation of the Deaf and
Dumb, I refer you to the respective Reports of
the persons in charge of those institutions.
General Eli McConnel, principal Keeper of
the Penitentiary, in his official capacity, by' my
instruction, took control of its repairs and re
construction. as contemplated by the act of the
last Legislature, which appropriated £30,000
for that purpose. He »s eroding the buildings
with convict labor, and .os each building is com
sum as it may have cost under the extravagant
system which is sometimes practiced in the
original construction of public works.
GEOKGIA MILITARY INSTITUTE.
It is to be regretted that the Georgia Military
Institute at Marietta, has not been as prosper
ous the last year as its friends had anticipated.
This may be the result chiefly of our defective
legislation for its government As at present
organized, it is under tlie control nnd manage
ment of a superintendent, a board of trustees and
a bojird of visitors, whose powers, respectively,
arc not well defined. In this conflict of juris
diction, that decision and dispatch is wanting
which is absolutely necessary in maintaining
government in the Institute. The consequence
has been, that the number of cadets has greatly
diminished, and tlie character of the Institute
pletctl, toe value of its construction i.s to lie es- has suffered in public estimation,
lima ted by good mechanics, who arc disinter- At tho end of the last term, Col. A. V. Brum-
csteil, anil tho sum awarded by them, is to be f!>v, the late able superintendent, and CapL Mc-
paid to him as principal Keejicrfor the use of Connell, late commandant, resigned their re-,
too Penitentiary, out of the appropriation. The I speotive offices; and Mnj. \V. F. Gapers, who ret -' ir 7 °f State; as an entire Act, it was consid
appropriation will not, probably, be sufficient has for a number of years held a similar po.si-1 LTC< * indispensable that the Commissioners have
plcted, will contribute much to systematise and
simplifteour laws, which will enable the peo
ple much more readily to comprehend their
true meaning. The timp allowed the Commis
sioners by the statute within which to finisli
the entire work, is only twenty months. I
think it hardly possible for them to complete
tlie work within that period with that caro and
accuracy which are indispensable to its con-
templated usefulness. I would, therefore, re
commend an extension of the time to two years,
nnd that the compensation allowed each Com
missioner be fixed nt three-thousand dollars
per annum, whilo-engaged in tho work.
As it wili^he proper tliat a very plain ami
legible copy of tho entire code, as finally agreed
upon by the Commissioners, should be prepar
ed in manuscript, to he laid before each House
of the General Assembly, and if adopted by
them, that n copj- he filed in the office of Scc-
« ur.-e than usoltl*—*a the General Assembly, under
its present organization, is Relieved to be a less safe
nl efficient body than it would he if orgauized upon
the plan above proposed, h'or tho purpose of as*
certaii.ine tlie sense of the people directly upon this
subject. J recommend that a law be passed by the
present Legislature, authorising tlie call of* enliven-
lieu iif the people, to take into consideration the
propriety of the proposed change, or inch other
change as will accomplish the object, together with
to defray the expense of the erection of all nec
essary buildings for Work-shops, 1 lining-room.
Chapel, extension of Cell building, Ac. After
these shall have been completed, it is import
ant that the walls be repaired and parts of them
entirely rebuilt. I therefore recommend an
add tional appropriation of twenty five thou
sand dollars, to complete th» necessary repairs
anti reconstruction.
WESTERN AND AT!.ANTIC RAILROAD.
a clerk to do this clerical labor. I tin
j appointed B. B. deGraffenreid, Ksq.,
mandant. These gentlemen have both accept
ed, and are now at their respective posts, giv
ing, as far as 1 can learn, general satisfaction. It
is to be hoped that with the necessary legisla
tion for the government of the Institute, they
may soon he able to restore it to public confi
dence and raise it to a high state of prosperity.
For information in reference to the condition, j Maj. Capers yielded reluctantly to the call of
management and incomes of the Western and! the authorities of the Institute, and only upon
Atlantic Railroad, for the year ending 3uth Sep-1 the guarantv given by tlie joint board of trus-
lember last, you are referred to the Report of! tees and visitors that his salary suould he made
tion in our sister State of South Carolina, ha
been elected superintendent, and CapL W. J. | appointed B. B. deGraffenreid, Esq., of thi
McGill, of Charleston, has been elected com-1 cil y. who is eminently qualified, as clerk to the
Commissioners. 1 recommend that such sura
he appropriated to him, annually, while engag
ed in that capacity, as will amply compensate
him for his services. 1 would al>o suggest the
propriety of appropriating to each of the Com
missioners such portion ofliis salary as may be
reasonable, to he paid at such times, while en
tie
secure, beyond doubt, against ultimate loss. I
still entertain the same opinion. In lending
her aid in the construction of a road, I only
propose tliat tlio State endorse the bonds of the
company, after a reasonable portion of toe road
is first completed, for a sum sufficient to pur
chase tho iron to complete the rest, as fast as
the company, at its own expense, shall havo
first graded the road and laid down all tho tim
bers and superstructure, ready for the iron.
For tho purpose of securing the State against
loss, on account of this liability, I propose that
she take and retain a mortgage or statutory
lien upon tlie entire road, as well the part
completed before iter liability was incurred as
tho part completed afterwards, with all the su
perstructure, rolling stock, fixtures, franchises,
and appurtenances of every character belong
ing to the company, with the right to sell the
whole after sixty or ninety days’ advertisement,
whenever tho company fails to meet and prompt
ly pay an instalment of interest or principal
due on said bonds. And should any portion
of the State's liability remain unextinguished,
after the sale of the road, I propose that the
whole deficiency, whatever may be the amount,
be divided among the solvent stockholders in
benefits of what they insistupon as their con- | mmtoflhn Sehnnl^BW t^'T- 1 d ' s '* >ursc ‘
It ^ true, thejr.may notjtave so laige a | U^Tretm-y!
rccciv-
accompanied by too
contracted for, while another portion of tlie m /m'/V'm. 11 rIV/. 2?'^ '9 u . l ^ ie r s ’ to be recorded
monopoly as they desire, hut they havo all they ,
in too office of the Superintendent, iit a book
hooks, to he kept by him for that purpose, with
power in the Superintendent to call any Ordi
nary in the State to an account, at any time •
and in case any one shall lie found in default
to issue execution immediately against such
Ordinary and his sccurtties, for the sum for
" “ lcl1 “ c m:i y he so in default, with 2o per cent
upon the amount (ill the same ho paid Com-1
mon prudence would seem to dictate thisneces- I Father,
security, site complicates herself With none of I M> ' ar it c ‘ an amount of Mother,
its private management nl' it-all'.iit . is i < pi’-soVi. 1 ,l,non S so numer-1 Thomas,
Stato is developed and the people have the ben
efits of low freights resulting from the competi
tion.
Tho State lias taken stock in two railroad
companies. 1 oppose this policy, and do not
think site should boa partner with iter citizens
in such an enterprise. My opinion is, that she ^ ^
■Hould have no interest in any property over j ,,'n'o'n'u'i'c ‘
which she has not the entire control. By en-' 1
dorsing the bonds of the company with ample
the State for educational
tho counties would, no doubt, raise o
cent, as a matter of choice. If tfc
should assess and colloct but 25 pc f
would amount to about ilou.c
to die $200,iiimi distributed fr.I
ishould the annual :ip; rot.fiat. I
as above recommended.) would iaft
amount of public money to be rape
year, for education, to $300,000, "
would be still further increased, sat
the interest on the bonds to be issf-l
payment of the public debt This T
annually’ would he equivalent to six
upon a school fund of $5,000,000, i|
which any Stato might justly be pf I
this, however, would he only thretfj
the annual net incomes to the TrcisJ
tlie State Road. Probably no State ii
is now in a condition to do so muchfI
van cement of education, with so 64
burdens of taxation to inr ; . I
comes from her public property, if j
pended, will mania hcrtobuild_up , |
cent school fund, while her pe
cr tax than the people of any c
Union. .
The past year lias been one jff
during which our kind Heavenly ftp
stowed rich blessings upon the pe;
blc State. With hearts full cf
humbly invoke his aid ir, all our <
for the public good.
JOSEPH Ef
[his con
A Koiuarkiilslc FnR
A correspondent of tlie Ohio Cinq
the editor of that paper with th«*
remarkable family, residing at I
bon county, Kentucky:
Mr. Editor:—I send you esfl
Bourbon family, as obtained :r ' : ',
and sons. The old gentleman
Maryland, and is in his 70th year
to the State of Kentucky when - I
and has raised his family in tin 1 ' /
consisting of six sons ami thr<
In the following table tlie. * -
tire ago of the family are give:
Height
0 feet 4 inches
(i '• 4 “
i I
I I
6
RANKS AND
poratod in this State, 8tudl refuse or fail to pay i r '.^ -'etween the ages of eight and eighteen,
specie for any ofits bills, notes or drafts, orotli-, l> Relieved this has not been so successful in
r writing for which they may bo bound, when [ a . s the old laws upon the subject of the
demanded by any individual or individuals, ! v't'Rieration of tlio poor children, which made
they shall be liable to suit thereon, in any oftbi
Courts of law or equity in this State, and such
proportion to the number of shares owned by j individual or individuals in addition to the prin
.T General, under j cipal of said notes, and the lawful interest there
i t the duty of the Justices of the Peace, in
1 rspectho Militia Districts, to ascertain
each, and tliat the Comptroller ucncrat, unucr j cip ...
an order from the Governor, issue execution j on, shall receive ten per cent, damages for su
immediately against each, for his proportion of j refusal or failure upon the amount so refused
the deficiency, to he levied and collected by the j faded to be redeemed in specie; and it shall b.
in their
, — ascertain toe
nun ber, under the supervision and control of
the Ordinary.
Matthew,
Eli,
Daughter,
Total,
I ° r ^ich he may have ) verdict in favor iff the plaintiff against such ) School Act, and to^ue tZX, £ Z ^
gaged in the work,
shall designate.
cobb’s statutes and forms. | property
„ r _.. , By a joint resolution of the lost General As-) the State amply secure Indeed, it is not prob- J ages,” &c.
Dr. John W. Lewis, its very vigilant, efficient I secure. The position which lie resigned in I sembly, it was made my duty to appoint three . a hle that she would ever have to call upon the For the purpose ot protecting the people of L
and worthy Superinter dent 1 feel that I do! Charleston wes paying him es large a salary as I Gommissioners to examine "the manuscript of I stockholders to make up a deficiency, after the J the State as far as possible agakist the evils ol 1 g
daughter, are all wealthy. ,.
lies of Kentucky. I might» •
grand-children are over t’f
growing. ^ .
Two Feet of Snow.—A fi'kg . .A
from Chsteaugav, N. ' • ‘ 'A
i hen^/oj hank , for tlie principal, interest,dam- of thetn^oth^'^bondif falHng 1 due t tn°w)ual an*/ j it^was^tfif fallim*'
I');; 1 , l "; :tal ;" ll '' n , ts ’ till the whole debt is ex tin- j them part of New Yore. L
o sited. Ihe bond-holders are under no oblf- jan inch of snow fell at Cal» :S ,
gallons to return their bonds and receive others I of the 2th.
: General Assembly I Sheri 11 of the county in which the defendant j the duty of all juries in sucli cases, to find a
-M liSTITUTIli.N or NEW STATE BONDS FOB OLD ONES.
1 have found it impossible to call in all the
*om of the State in the hands of her creditors,
contemplated by the ninth Section of the
The family are all living v j' 0 j
‘o hd
1 t0 he]
‘-'ffiruil