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4D»Ji'E.» 50 I'JIOi k 5
WC. Ehl. MO. 4®*
Mj";jj .2 > tanbavb of
;t) Y ?. . fi. ’A OBCCM £ 0 ’.V >
TiAltsher (Bj Authority,) of Ike Laws
of the Lulled Statist
Office «u Greene Street. nearly oppo
site <he Market.
Issued eveiy Tuesday moi ning.at $3 per annum
N« subscripxion taken for less than a year
and no paper discontinued, but al the option ot
the puoiisher, until all arrearages arc paid.
Advertiseniests conspicuously inserted at the
usual rates —those not limite I when handed in,
will be inserted ’till forbid, and charged accord-
Ue '’' CHANGIJ OF DIRECTION.
We desire such of our subscribers as may a
anv time wish the direction of their papers chan
ged from one Post Office to another, to inform 1
us, in all casts, of the place to which they bad
been previously sent; as the mere order <o tor- ,
waid them to a different oilice, places it almost
outof our power,tocomply,because we have no j
means of ascertaining the ofiice from which they
are ordered to be changed, but a search through
our whole subscription Boek, containing severa
thousand names.
POSTAGE.
It is a standing rule with this ofiice, as well
as all others, that the postage oi all letters and
communications to the Editor or 1 roprietor
must be pai l. \\ e repeat it again, and re
cjucst all persons having occasion to address us
upon business connected in any wav with the
establishment, tn bear it in mind. Persons
wishing to become subscribers to the Standard
•f Union, are particularly requested to give their
attention to this; or they will not have tie pa~
er forwarded to them.
NOTICE.
"W® r ILL I e sold on the fifteenth day ofDrccm-
W her next, at the late residence of Mrs.
Sut.minli Holsey. dec’d a number ol articles con
sisting of Household and Kitchen furniture. Beds, :
Corn. Fodder, Pork uu I stock Hogs. Horses, and
a largo stock of cattle and sheep ; plantation and
farming tools, with many other thu gs too tedious
ty mention Sale to continue fr. . . di.v today,
until ali is sold. The jiLmatii.n v. ill be disposed
of on tliat day, if nut previously sold. Terms on
the day.
GIDEON HOLSEY.
HOPKINS HOI.SEY,
JAMES M. HOLSEY.
Hancock. Ga. 42—tils.
The Southern Recorder will please publish the
above until the day of sale, and forward their ac
count for payment.
Fulaski Skerifl’s’ Sale. I
be sold at the Court house in the i
v ? town of I! irttord Pulaski county, on the
first Fue-day in Deccmbvi next, the follow ing pro
perty to wit:
One small Bay Horse, levied on as h- proper
ly of Elisha Hodge, to satisfy a til i issued Lou. .
the superior court of Laurens county, in favor of :
Robert Goode, vs. Elisha Hodge, property point
ed out by Elisha Simpson.
JAMES DYKES, Dep. Shiff
Guardian sale . Agreeable to an order
of the Inferior Court of Coweta county, j
w hen sitting for Ordinary purposes, will, or the |
first Tuesday in January next, within the legal
hours be sold, before the court-house door, in
said county, the tolhiwing property to wit ■
The south lot of No. 14. iu the first district of
Coweta, a« the property of Martha Ann Powell,
(minor.) Terms made known on the day.
WM. SPRATLING, Guar’n.
Nov. Ist—42-tds.
Executors sale— win be sold on
I Wednesday the 28th of December next at <
the late residence oi John V, oodall deceased in De-
Kalb county, all the persona! property of said de
ceased. except tlie negroes, consisting ot Horses,
Cows Hogs &e. One set of Blacksmith Tools,
two Still*, on? Roa I Wagou.—Sa|j to continue
from day today uutiil all is sold. Terms made
known on the day of sale.
JOHN DOBBS.
HASTEN D. PALMER,
Nov. 17 Executors.
A Plantation £or Sale.
IWILL sell ruy plantation on the waters of
Kegg Creek in Washington County, conain
ing six hundred mid twenty-eight acres about two
and fifty cleared and under fence vv ith a goo I dwel
ling and out houses, Gin house. Gin and running
gear. A liberal credit will begiven—for terms
apply to L. Augustus Jernigan Esq in Sanders
villc. PHILIP T. SCHLEY.
Columbus,Nov. 14—44 3-t
MONTHS after date application will
. bo made to the Honorable the inferior court
■oi Hancock county, when sitting for ordinary pur
poses ; fur leave to sell lot of laud No. 133, in the
22d district of old Lee now Stewart county, it be
ing a part of .he real Estate of Edward B. Brook
ing deeeased, and not included in Ins last will and
testament, and sold for the benefit of the h.-irs
of said deeeased.
REBECC \ A. BROOKING.
Nov 17—11 Amr’x of the last wilt of dic’d.
T ANELLxH’KJN & H \MMO.ND—lnaddi-
D-Jtioj: to thoir extensive and splendid slock of
F an and Winter Goods, areyeceiviug a fine assort- 1
meat of
Ready Made CJothingf,
manufactured in the best manner, an 1 according
to the latest froliious.
They have al-mjust received a g .ml supply of 1
HATS, BOOTS ANOSiJOIiS,
of every devcriptiou, whirl; they will .-.eli unreason
able terms.
ALSO, A V/.RIETT OF
fLITLVHCI.iI'JIK BITS,
A VD
Cbenonl Sh;»w is of»':e largest size.
Beside; which, their stock comprises every
article of Stiifl- unit
found in any uthi r esiablish.nnit.
Their friends, an<t the pu'dic •.•‘•<i< rally, are in
vited to ca i, as they are r.omed lo use every
effort to give general s itisfacliu.
November 9, 43 lt.
GEORGIA FEMALE COLLEGE.
API IJi.IC exHinitiitiim of thi» In c.ituti<m w ill i
commence on Wedm-sd <y, 23! and con
tiuue two days. Th ■ cvniln • to.ii in music, and
the Concert will been tin: altcrnoou and evening
U f the last day.
Parents, teachers, and friend,are invited to be 1
present,
L. LATAriTE,
J'riucipul.
Nov. 10—2-45.
|S& fiitwSgrS of
A KS&Lafi. .1,
7’ci be entitled “ .In Act to establish and organize a Court for thc\
< orrcct.un oj Errors, and to regulate the proceedings thuuf. J.
St'.c. 1. •><.’ it ' iiacted by the Senate and House of Representatives
or tin State ot t. . m-'g.-.i in General Assembly met, and it is hereby enac- (
fc./ by the authority of the same, That, iu pursuance of the amendment .
id the first sectional the ihnd article of the Constitution, there shall be, ,
and is h r . established, a Court lor the Correction of Errors, to be t
calle,! b Supreme Court of the Stale of Georgia. The said Court '
shall consist o! three Judges, who shall be elected at the present session v
of the General Assembly, one for the term o. six years, one for the term
of four years, and one lor the term ol two yeais, during w Inch terms tliev ! (
shall respectively hold their offices, unless sooner removed, iu the man- i (
uer poll ted out by the Constitution. No person shall be eligible to the
oliice jf Judge, unless he shall have been duly admitted and licensed I (
to plead and practice in the Courts of Law and Equity in this Slate, j
ten v ea: s, at I. a.'i, |r: i io his election. '1 he Governor shall, vvithin j a
twenty days alter L.e election oi said Judges, commission them, res- j ,
puetively , fur tiivt tii.s lor which they shall have been elected. Hi case ! |
of the death, resign. uion, or removal Irom oilice, ol any of said Judges, ! (
the Governor shall appoint, and commission, some litand proper person i (
to till such vacancy, till th.e meeting of the General Assembly next, after I s
such vacancy, w i;e:i the General Assembly shall till the same. And if t
any such vacancy shall occur during any session of the General Assem- ! ,
bly, the same shall be iit.ed at such session. Every Judge of said Court, I •
who shall be elected after the present session of the Geaeral Assembly,' .
(except where he is elected io till a vacancy,) shall hold his oilice for, ‘
and during die term o; sit. y ears, and shall be commissioned accordingly |
by the Guveinor. & | (
M.c, d. A.:d be it enacted, S;c. That each of said Judges shall re- ,
reive a salary of dollars, per annum, to lie
salaries of the Judges of the .Superioi Courts are now paid. The
amount of the salary of a Judge of the said Supreme Court, sha" ,iot
be increased or diminished during his continuance in otf>- and no t
Judge shuil receive any other ti e, perquisite, rewar 1 . co’mpensa- c
tio.i than ttie amount of Ins sal try. Each and every Judge ol said ,
Supreme Court sh-di, before the Governor of the Slate, and prior to {
his receiv i.ng iiis commission, take the oaths to support the Conslitu-I
tion, ag.iinst dueling, and oilier oatl.s now by law required of the Ju- ■
dicial officers in tins State.
Sec. 3d. .'.nd be it further enacted, i hut the said Supreme Court |
shall be holdeu at the timesand places follow ing, and within, and fori
the districts following, tliat is to say : On the first of
in each year, for the first district, to be composed ot tiie Ocmu’wee and
Northern judicial districts, at ; on the Monday
of in each year, for the second district, to be composed
of the Flint and Southern judicial districts, at ; on the !
Monday of in each year, for the third district, to I
be composed of the Chattahoochee and Coweta judicial districts, at; g
>■ on the Munday of in each year, for the I v
fourth district, to be composed of die Western and Cherokee judicial I r
districts, at ; on the Monday of in ! t
each year for the fifth judicial district, to be ccniposcd of the Eastern ' s
and Middle districts, at j
Sec. 4th. -im/ be it further enacted, That it shall be the duty of all i <;
the Judges of said Court, to attend al each term ot said Court; but if,' s
from providential cans.', any one of said J udges cannot attend a Court, I (
such Court may be holdcn by two Judges. If, at a Court at which on! v! h
two Judges preside, the Judges be divided in opinion on anv cause I->
beard before them, then the judgment iu the Court below shad stand | s
affirmed, and be so certified by the Judges. If only one Judge shall ; o
attend at a Court, 1. snail be iiis duly to open the Court, and to adjourn : f
it to a day, when all toe J udges can attend. In cases of necessity, two ! n
Judges, under tiieir hands, may older an adjournment of the Court to a j
day nut inure than two weeks beyond the regular term. | p
Sec. otli. And be d enacted, Cyc. I hat the said Supreme Court i t |
shall hear and determine, at the first term of each Court, all such cases i o
in law and equity as may be brought item any oi the Superior Courts'
of this State, within the District, as created by this act, for whichsaid ■ o
Supreme Court i-. silting. All cau.-cs ol a criminal or civil nature mav, ■ s;
fur alledgr d < rror in the judgme nt, sentence or decree us any such j
Superior ( ourt be c arried up fre m the counties in the respective dis- |
iricts, aforesaid, to the Judges oi t! e Supreme Conn, at the respective! |j
terms ot Court, iur such district, to be Ly the suite Supreme Court re- q
vised and determined. Any criminal cause may be so carried up to
the Supreme Court, on a Bill of exceptions in writing, specifying the 0
' error, or errors, of law complained of, to be drawn up by the party com- s
. plaining of error, iiis Counsel or Attorney, within four days after the 0
I adjournment of lite Court at which judgment or sentence has been pro
: nouticed, and submitted to the Judge of the Superior Court, before s
| whom such criminal cause may have been tried, to be by him certified n
and signed. Any cause of a civil nature outlie Law sideofa Superior c
I Court, may in like manner be carried to the Supreme Court on a Bill of n
Exceptions, in writing, specifying the error, or errors, in law complain
: ed of, to be drawn up by the party complaining of error, his counsel or
I attorney within twenty days from the time oflhe hearing or trial of the p
f case in tiie Superior Court, and submitted to the Judge ofthe Court before t j
I whom tiie same may have been heard or tried, to be by him certified and s
signed. Any cause on the equity side of a Superior Court may be „
| carried to the Supreme Court, on written petition, specifying the er- (
; rors or injustice complained of, to be signed by the party complaining, (
i iiis counsel or solicitor, and presented within twenty days after tiie hear- a
ing to tiie Judge, before whom such cause in equity mav have been tried, f
to be by him certified and signed. Upon the exhibition of any such tl
! Bill of Exceptions, or petition to the Judge of the Superior Court, it
! shall be liis duty, if such Bill or petition be true and consistent with t
I what has transpired in the case before him, to certify and sign the same. a
1 Sucli Bill of Exceptions, or petition, shall operate as a super-sedeas to s
I the jud .meat, semeace, execution or decree ofthe Court beiow, if in
! civil causes in law or equity, the party complaining of Error, shall, on
I exhibiting his Bill of Exception-’, or petition in manner aforesaid, pay
' all costs which may have accrued, and give bond with security, to be
approved of by tiie Clerk of the Superior Court, and conditioned to
pay the eventual condemnation money, and all subsequent rests, and, if c
in a criminal cause, where theofl’ence is by law bailable, the party com- j
1 plaining of error shall enter into a recognizance, vvitii security, to be in r
I like manner approved, conditioned for the appearance, in person, of
i such party complaining, to abide the final order, judgment or sentence
|of Court. Ami if the oflence be not bailable, or if the party be sou
j tenced to imprisonment in the Penitentiary, and be unable to give the
I security required, the Judge of the Superior Court may order a super
sedeas at the time of certifying and signing the Bill of Exceptions.'*
I When such Bill us Exceptions or petition shall have been signed and | !
j certified bv the Judge of the Superior Court, and such bond shall Lave j ’
| been giveii or r •cognizance entered into, and costs paid, notice of the j'
i signing of such Bill of Except ions, or petition, shall be given, if in a 1
criminal case, to the Attorney or Solicitor-General, or in civil causes in | 1
’ Law or Equity, to the adverse party or his counsel within ten days after
i such signing end shall be filed in the Clerk’s ofiice immediately there- '
! after ; and on .ucli notice being served by a Sheriff or Constable, or by i
an Attorney of the Superior Court, and filed in the Clerk’s office, witli -
the poll ion, or Bill ot’ Exceptions, it slia 1 be the duty of the Clerk of ’
the Sap-rior Court below, to certify and send up to the Supreme !
Court a transcript of tiie rec< rd of the cause below, duly certified under
j li's seal of office, ar.d, also, the Bill of Exceptions, or petition, within
1 ten day after he shall have received the origin il notice, with the en
| dors ‘me t ; service thereon.
S:?;. (> h. And be, it enacted, That the said Supreme Court
dial! pr coed at the first Term, (unless prevented by providential
--a 1 i.*,) to 1 arri determine each ami every cause which may,in man-j
icr tdbii sail, be snt up from the Court below upon the record, the]
| 3'll oi l' x<- qitiun:■ or petition, as the case may be, and the "rounds there- j
'in specific I, and on no other grounds. Upon the decision ofthe said Sit- !
I prem • ( ourt, on nutters ol Law or principles ot Equity which may arise ;
! in the Bill of Exceptions or petition, (which decision shall always be in
j writing and be delivered by the Judges of said Court seriatim, except ;
in cases where they arc unanimous,) tiie Court shall certify to the Court i
' below, such decision, and award such or ler and direction in the prem-
ises a ■ may he consistent with tin; justice ofthe case, which decision, so I
! nui'lered, i'id ordered, tmd direction so awarded, shall bo respected
j and carri-d into full effect by tiie Court below. If the decision and!
; ju i rirvit of ti><- C I'trt below be for any sum certain, and be affirmed I
' in the Supreme C-iurt, tiie Plaintiff may, in the Superior Court, enter
jiideinent against the Defendant and liis Securite'S tor tiie amount of
principal, in’erest and costs, and ten per cenl. daniam-s, without fur
ther proce liu' s a-' 1:1st the securities, and have execution immediate
ly after the di-cisimi of the Supreme Court: t , roridid, That if any
one or more of the .iu lg ■ ; of the Supreme Court certify that, in ids
or their opi i'o.i, s t’ li <• > ne was not taken up for delay only, the dam
-1 a.'cs shall no’be allowed. Ju lgmoiits in the Court below, if affirmed
on error in the Supreme Court, sha 1 not lose any lien or priority by
reason of the p-m ee linos in the Court above.
St/:. 7:h. 1' I r >i it further r.nnr.ted, Sfr.. That if any Judge of the
I Sup -rior E I'trr, sli ill r- In e to certify a Bill of' Exceptions when ]. ro
per!/ tendered, or if any Ce.k or Sheriff shall retuse or neglect to
I erf rm aay d ny imposed upon him by this act, said Supreme Court,
while in se.-sion in any District in this Stale, may issue a writ of Man
damus to such officer apd enforce Qbedicnco thereto, if necessary, by
tiEOlttiU, Tift ft RSIftAV MOKmiW, IWWKJISEiKR 21. ISIYfS.
attachment. And in case that such refusal bj any sucli officer have
delayed the party applying for, or tendering a Bill of Exceptions, or
petition, as aforesaid, beyond th. time limited in part of this act, In
shall not lose his remedy by such delay, but may proceed as if the
time limited had not expired.
Sec. Stli. And be it enacted, That tito Sherilf of the coun
ty wherein the Supreme Court is liolden,or liis deputy, shall at
tend tiie sessions thereof, and obey all lawful ardors, enforce al! I awful
commands, and execute ail lawful processes of said Court. Ho shall
receive from each party bringing a cause befofu s.tid Court, the sum of !
Tua Dollars, which shall be a part of’the b|! of costs, but shall al- I
ways be paid in advance by said party, bebre his cause proceeds.
And for the service of any process, or order of s.iid Court, he shall re
ceive the fees allowed for like service in the Superior Court, to be <
taxed and paid in like manner.
Sf.c. 9th. And be it further enacted, That tl.e said Supreme
Court shall appoint some fit and proper person as Clerk thereof in
and for each ofthe Districts where tiie Court is held, who shall hold bis
appointment for six years, unless removed by said Court, upon com
plaint made and cause shewn, (or incapacity, improper conduct, or neg
lect of duty ; said Clerks shall k“ep offices at tiie places of holding tiie
Court, where all Books, Records, and Archives, and the Seals of said I
Court, for each District shall remain. They shall attend all the ses- i
sions of said Court in their Districts, and obey ail the lawful orders i
thereof. They shall keep, in substantia) bound books, fair and regular
minutes of the proceedings of said Court, a record of ail its judicial acts, i
a docket of its causes, and such other Books as said Court may, from i
time to time, order and direct. They shall certify, when required, ■
upon payment of tiieir fee?, all proceedings of said Court in the manner i
now in use in the Superior Courts of this State. And the records and •
minutes of said Supreme Court, and copies thereof shall be evidence in I
the same manner, and under tiie same circumstances, as those of tiie ■
uperior Courts now are ; said Superior Co- rt being, lo all intents and i
urpeses, a Court oi Record. ,
Sec. 10th. And be it enacted, S,'c. That the said Clerks shall be ;
entitled to the following fees, to be taxed as part of the costs i»i each i
case, but to be paid, in every instance, by tiie party for whom the ser- , i
vices are rendered, and when they are rendered ; and, for the payment I '
j of which, the Attorney of Record shall always be bound.
For Docketing each case, .... ,
“ Entering each interlocutory order, for every one ( ;
hundred words, ) ,
“ Entering Final Judgment, - - - - .
“ Certifying same io Court below, - - ,
“ Ceritfying copy of Record, or from the minutes ) >
under seal, ) j ■
For every one hundred words over one page ofthe above, | ,
“ Every certified copy of Rule or Order, ] ,
“ Examination of Books or Records. ij
Sec. 11th. And be it enacted, Sfc. That some fit and proper person |,
sha’l be elected by tiie Legislature, at its present session as Reporter, I t
who shall hold his otiice during the term of six years, unless sooner i
removed by tiie Court, and shall receive for iiis services a salary from I q
tiie State, of dollars, per annum. Said Reporter ; f
shall attend all the sessions of said (’ourt and report, in a proper and i e
professional manner, all the decisions there trade, with tiie reasons tiiere I c
for, and he shall not, during his service as Reporter, appear as coati- ; w
sei or act as attorney in any case, before said Court, or anv other i n
Court of this State. The Reporter shall, from time to time, publish ' c
in good and substantia! forms, the Reports so made as aforesaid, and if 5
at any time he shall neglect to publish within four months after theses- j p
sions for each year have closed, tiie decisionsof that year, lie siiall forfeit i a
one-fourth of his salary for that year, and another fourth for every addi- ’ Sl
tional month’s delay : Provided, That if the Judges of said Court, or a ' f
majority of them, shall certify that such delay was not from any fault or \ c
neglect ofthe Reporter himself or of those wliom lie could control, such : |j
forfeiture shall not be incurred. Tiie Reporter shall, also, be allowed :j ;
the copy-right, provided that the retail price shall not exceed the rate p
of dollars, for each octavo volume of five hundred pages, I t|
exclusive of binding. And, provided, that he be bound to furnish, free ! r
of expense and well bound, one copy of said Reports to each Judge of
said Court, for the time being ; one copy to each of the Clerks, to be j p
kept in bis otiice as public property ; and twenty-live copie- to the j o
State, to be delivered to his Excellency the Governor, as soon as may i si
be after the publication, and disposed of as the General Assembly may 1 >,
direct. ■’!(.,
Site. 12th. And be it enacted, S,'c. That the Cierks and Reporter ! p
of said Court, before entering on the duties of tiieir respective offices, ' <,
shuil be sworn to the faithful discharge of the.r duties, and take ali u
other oaths prescribed by law for civil officers. o
Sp.c. 13th. And be it further enacted, Sfc. That the said Judges e
shall have power to establish rules of practice, aid to regulate the ad
mission of Attorneys in said Supreme Court, and o award all such pro- 1
cess as may be necessary to enforce obedience tolheir orders andjudg- j
ments, and as are usual in other appellate tribunals ; and, also, to es- I . ,
tablisli and procure a seal for said court. | p
Sec. 14th. And be it further enacted, Tint in case the Plaintiff j ;i
in error shall fail to cause the transcript of tiie record to be filed with , ,
the Clerk of said Supreme Court, by the third day ofthe term next! ,
succeeding the time of the certifying and signing tiie petition or Bill !
ot Exceptions, and the filingof the same witli the Clerk of the Superior : r,
Court ; and the adverse party siiall file with the Clerk ofthe Supreme |
Court, a certificate that such petition or Bill of Exceptions, certified
and signed, was filed in the office of tiie Clerk of the Superior Court
from the Clerk thereof, then tile Supreme Court shall affirm the judg
ment below on such certificate.
Sec. 15th. And be it enacted, 6fc. That t shall be the dutv ol .1
the Attorney er Solicitor-General of the Judicial District wherein
any criminal cause is tried, and which may betaken up in manner afore
said, to appearand attend to said cause in the Supreme Court. *
Georgia.
7’o the Honorable, the Pre.iidcrit, and Members of the Senate,
and the Honorable the Speaker, and. Munbe sos the House >a \
Uepresentatives oj the Stale oj Georgia,yn General Asstmbty
nu t:
The Memorial of the u'idersjjned,
Respectful'y shcircth :
That by a Resolution of the R til Road Convention, recently as- >
sembled at Ma-on, they have been appointed a committee with instruc- c
i tions to “prepare and present to me Legislature, a Mcmori.d, in lur
[ therance of the object contemplated by tne Convo'iiion, and to endea- i
' vor to procure the necessary legislation to cany that object uno idi 1
I effect.” That body, composed of individuals oi mm hrespectabiltv and c
1 intelligence, assembled Irorn different parts of the State,nave wi h r a: t
unanimity concurred in tin; result, wlmh they have imide it tiie duty oi u
Hhc undersigned to announce to the Legislature of Georgia, and which h
! is expressed in the following Resolutions. 1
Resolved, That it be recommended to the Legislature to commence 1
I a system of (tail Road Improvements, by constructing a Rail Road from >
■ a point on the Tennessee line, at, or near Rossville, to some suitable
point at, or near the Ciiattahoochie river, running through tiie Chero- | t
kee counties, on the must practicable route, between said points, i <
hereafter to be ascertained by Legislative provision. | i
2d. To authorize any ccnipames that may have charters, and to!’
create others, where they do not exist, to branch from any point ol 11
said m tin trunk, to tiie towns of Columbus, Forsyth, Athens, Mil- ' 1
ledgcviile, and io such other places as tiie Legislature may designate ; ! 1
! the State investing 0:1c tout th of tin: capital necessary for each branch. ( t
j In discharge ofthe duty thus assigned to them by the Rail Road;
Convention of Mac on, the undersigned would solicit the attention ofj
' vour honora.iie !>odv, to some of the considerations which belong to
; his very interesting subjee;.
Legislative power is a iiigii and solemn trust, confided to the Rep-
I resentative, by his constituents, 10 be exercised for their benefit. It'
I tiie theory oi our political as-ociatiuiis is practically realized by those
. who are selected to cany it into operation, lie to whom the people I
, i have delegated tiie sovereign power of legislation, will seek in the ex- j
I ’ ercise of tiiat power, tiie advancement of their interests, solely under I
I j theg uidancc of an enlightened patriotism. When a measure is pro- !
I 1 posed for his sanction, it will lie only necessary to shew, that it is with- 1
r m the scope of his constitutional powers, and the fiscal means ofthe!
j State, ami that its acconipiishmc nt will conduce to the public benefit, i
. The undersigned will tbeielore rely with ll;e most entire confidence '
. on tiie success of the application, which they have been instructed to
v I make to the Legislature of (Borgia, if they can succeed in demon-'
s | strating the truth ofthe following propositions.*
_ | First, That the Stale lias at its command, an active capital, which is
,j j adequate to the construction of the contemplated road, a proposition,
y i which of course involves a consideration of the cost of the work—ami
Sirond, That the positive and comparative advantages which will
( . result to the people of Georgia, from the use of this road, will justify
_ such an employment ol its capital.
o 11 tlicse two positions can be 1 siablisbcd, it fvill remain to cot sider
~ Third, In what mode, and undi i wii.il superintendancc, the ac.
| teal const rue 1 , ion oi tiie load can be most economically, and scientifi
cally, and effectively accomplished.
Our
The first enquity to which the committee would invite the attention
ofthe Legislature, is of a fiscal character. It relates to the “way
and mean,” which the Stale can command, tor the construction of tlii
great work, and is of course connected with an enquiry as to its cost.
Let us look tiu n at the resources, which, without injury to other im
portant interests ofthe people ot Georgia, may be rendered applica
ble to this object.
In other States, when an enquiry of this sort has arisen, the atten
-I’o.l lias been directed to the number i f persons, within tiie splier; c
1 in ; mtlmmce of die contemplated improvenient ; ol those, whose con
ii.tion would be benefitied by its construction , and their number ha.
!><’en taken as a measure of the resources applicable to that object,
w ether those resources were called forth, through the medium o;
chartered companies, or by the direct agency of the State. If such •
measure we re assumed in the present case, it would be co-extcn v
with tiie limits of Georgia, and would embrace every individual am >u.
its citizens. The enquiry would then be, whether a State whose p >p
ulation (looking to the time which must necessarily be employed in tin
construction of the work) may be safely estimated at seven hundred
thousand persons, is competent to build a Rail Road, one hundred and
iiiirty miles in length, and to contribute ill the specified proportion , to
the several branches, recommended by the convention. It would in
deed be humiliating to the people ot Georgia, if the answer to such an
enquiry could be doubted.
But a more specific answer may be given to this question, by an
exhibition ofthe monied capital of the State, which is actually in its
I treasury, or which will certainly be there during the progress of this
work. Looking to the annual reports ofthe Central Bank, the commit
tee find that the capitalstock ot the State on the 7th Nov. 1836, was
s24t>o 243 42. But an additional amount ofcapital has been unexpected
ly added to the resources of the State. The government of the union
which is constit tionally invested with the power ot providing a reve
nue adequate to its wants, finds itself encumbered by a redundant
treasury. This extraordinary state ofthings lias been tiie result ot a false
system of legislation, adopted in opposition to the will, and persevered in,
in des|«ite ofthe rcmonsttances of Georgia. But as if forcibly to illustrate
i the proverb, th it “good often comes out of avil” at tins precise moment,
! when tiie awakened spirit ofour people has led them to project the
magnificent enterprise which is now recommended to the Legislature,
the funds thus improperly abstracted from the pockets of that people,
are in (lie process ot restoration to the treasusy ot the State. This
extraordinary concurrence of circumstances, cannot fail to arrest the
attention of the most casual observer of events, and their causes. If i
the money thus restored to us, shall be wisely and faithfully applied to
the completion of this great improvement, which will not only bring
i into juxtaposition the remotest and most widely separated portions ot
j our own State, but open au easy and rapid communication with our j
I iramontane brethren ; even such an observer will be forced to acknow- j
! ledge that under the guidance of a benificent Providence, the very abuse I
' of power by those in authority, may be made to eventuate in benefit
1 to a people.
The committee have considered the question whether the State will !
or will not receive the monevs which are tendered to us, under the act ;
for the distribution ofthe public revenue, as beyond the sphere oi tiieir ;
enquiries. The considerations connected with it, are ot a political
character, and the decision of them belongs exclusively to those to ■
whom tiie constitution has confided the power. Iu irauiing this me
morial, tliey have assumed the iact, that the Slate ot Georgia will in'
cominun with her sister Stales, receive her dividends under the distri
bution law. What then is the probable amount which wiil thus be I
placed at her disposal? VV itiiout entering into any particular examin- ;
ation of tiiis question, the committee have been content to refer them
selves to the views which are contained in the Annual Message of his '
Excellency the Governor. It is then stated that the amount to be ic- ;
teived by the State of Georgia (during the year 1837) wi.l prob ibly
be one million of dollars. Looking now to the fact that the comprom
ise of that unhappy question winch so long and so seriously menaced
tiie peace of tiie Union, whatever opinion may be entertained oi it by
tiie people of Georgia, will not probably be disturbed during the pe- •
riad originally prescribed for its continuame; we have yet four years.;
during which it is reasonable to expect tint tiie national treasury will'
be iu a state of repletion. If by the progtessive reduction ot the duties ;
on imports, and the continued intervention ot the Government in tiie
salfo*f the public lands, it should seem p’obabla that this annual sur
plus wiil be diminished, we must look 01 tiie other hand, to these
counteracting causes, which are to be iourd in the rapid increase ot our ' 1
papulation, and the extraordinary impulse which has been already J
given to our commerce, by the facilities ti intercourse, which are at
tins time completed, or in an advance stage of their progress, and both
of which will tend to sw ell the amount of our imports. But without
entering into these speculations, let us assume as a minimum, which '
the committee think may be safely done, that the States dividend ol
■he annual surplus remaining in the national treasury, and subject to
distribution, will be five hundred thousand dollars per annum, tor the
residue ot tiie period, during which tiie tariff compromise wiil proba- j
lily be undisturbed, an 1 we shall have the sum of three millions oi Doi- 1
tars, receivable from tiie national treasury, during the progress oi the |
contemplated Work, to be added to the amount already in the Treasu- 1
<y of lire Slate. The a live capital of tiie State of Georgia which is
•ppltcable t j any desirable purpose oi internal improvement, may then
staled thus—
Capitol stock of the Slate on tiie 7th Nov. 1833 $2,460,243 42
Amount receivable uuUertlre distiiuution .aw 3090,000
$5,46a,243 42
The committee have considered the amount receivable under the
disiribution law, as a part ofthe active capital oi tiie State. They do
not anticipate any possible circumstances, under wiiieti it can be re
claimed irom our T : fasuiy. The debates al Congress, which prece
iej tiie pass ige of the oil!, will, they iliiuk mi'quivocaliy shew, that
riitlmogl- intir- i a lone, tor die purpose oi relieving tiie couscientiocs
1 4 * 1" 1 I 1
■c-'oj ms ot soinu ol its member., it is in suff.s;a.nee ana 111 tact, an abso
lute transfer; a rendering to Cre.sar, of tire things which are Caesars,
i lie , ar;: assured also, mat tne concm ring interests of twenty-six States I
(for Michigan will ere long nave an interest in the question) will I
iiirouglioui al! time, present iis reclamation. The large amount of
money, wiiitn will thus lie found in the Treasury ofthe State, i.s com
mitted to the guardianship oi the Legislature. It is a sacred trust,
which tire people have confided to itieir own selected agems? What
shall be done withit? Itconuut be suffered to lie idle. If, as between
individuals, a trusree is held responsible for the profitable investment of
capital, when profit could have, been made from 11, how much higher is
he obligation oi a Representative us the people, to active diligence,
iu the employment of tne talent entrusted to his care, in tile fullness oi
that cotifidance, which subsists between the Representative and his
constituents? ll iw then shall it beemployed? Shall it be deposited in
tiie Centra! Bank and distributed in loans to our people, or shall it be
appropiiatedto purposes ofinternal improvement, and such portion of it
as may be necessary lo that object, specificiaily to the purpose recom
mended by the rail road convention ol Macon. Before an answer is
given to the enquiries, it will be necessary to attempt to count the cost
of the proposed operation.
The estimated cost of the Cincinnati and Ch; ra s'on rail road with
with double tracks, gives an average, a little over seventeen thousand
dollars per mile. Tiiis road must pass over the Blue Ridge, and Cum
berland mountains and various intervening ridges. In manv purls it
would require theaid of stationary power, and it was thought in mak
ing the estimate that some tunnels might probably lie necessary. Tiiis
therefore cannot be considered as a correct measure of the cost of the
road recommended by the committee. It had occurred at one time to
the committee, that it might be desirable to state in detail, the cost of
■ various flail Roads in different parts of the Union, but as thisfoforma 1
1 tion is accessible to those who may think proper to make the enquiry,
tney liavo deemed it better lo taxetae opinion of a competent on !, ineer
wiio has examined tire most difficult parts of the route. * Such an esti
mate, is oi course conjectural and approximate, merely lift it
will subserve all the purposes of this enquiry, which is to
shew that the funds of tiie State are adequate to tiie underta
-1 King, since these wiil be found greatly to exceed the amount which
| would be require I at the highest estimate which has been made for any
'railroad. With these means of information, the Committee have est'i-
j mated tiie cost ofthe road, al an average of about $16,000 per mile,
' which for its greatest estimated length would give an a<’<>rc"ato of
; $2,100,1)00.
j It will he seen then that the funds of the State are abundantly um-
I ph: for this undertaking, and that no loan will be necessary. Tiiis will
| be more obvious, when it is considered tiiat the disbursment will be
■ gradual, and spread over a considerable period of time, which must ne
; cessarily be employed in the construction of the work, it being only re-
I quired that die payments should keep pace with its progress. I
I 'i’he Committee will now proceed to invite the attention of your •
Honorable body to the second proposition before stated, viz: That the I
advantages which will result to the people of Georgia fromthe use of
! this road will justify such an employment of its capital,
I Tito measures which the committee, have been instructed tQ re
commend to your fostering care, proposes in its result to oncn a great
. highway through the State, from its northern boon iarv t<j its i
; Shores, with branches extending to the head of navigation, on its prin
■ ! ctpal rivers for tho transportatauou and the transit of
pt nListn:i) by p. i..
. passengers, its first and obvious elect,' will be to bring into close
■ o.inection, ali the various parts of the Slate, lo give to the inhabitants
• ftlie interior, an easy access to different markets on the seaboord and
a I along the line of the road, for die sale of their products, and for the |
p. rchase and transportation of those foreign commodities which are es- ’
sential to their comfort; and a corresponding increase to
lions, if We were an insulated people, if the effects resulting from this a
mprovement, were confined within the lin.itsof our own State, its ben- \
fits would be inestimable, since within those limits is to be found a va-W
.iety ol soil, and of climate, capable of a corresponding variety of pio- \
Juels, winch requires only to be aided by facility of communication, to\
be incalculably increased. By these means also, the mineral resources.-
jt our state wmrid be developed and rendered valuable. But the es-N
le<. ts resulting Irom this road cannot be confined within the limits of this\
SiatC. It looks to the far west, and still its march is onward. A com
pany already incorporated in Tennessee, will connect it with the river of*,
that name. Once .aunclted upon its waters,an unobstructed steamboac'k
navigation to the hio, will be open to us, as soon as the canal, notfx
actually in progress around the arnscle shoals, is completed. Beyond 5
this, wiio can prescribe the limits of our enter-prize, while in our pro-\,
gross tither, at different points, diss Bi ble stream will be connected by
rail roads, with various important commercial positions, from the
point where tiie road would strike the Tonnessee river, it offords an un
obstructed Steamboat navigation to Knoxville, and thus connects us
witli tiie great work to which our sister State of South Carolina is now
devoting iier most strenuous efforts—white au additional-arid more direct
commmiicatiou by the mountain pass iu Rabun, under the right which
Tennessee has reserved in her cliarter to die Cincinnati and Charles
ton Railroad, would speedily and certainly be mada our communications
with the north-west, west, and south west, will thus be of vast extent
a<id the last meutioued connection through rhe Rabun gap, will secure
tiie benefits of tiie improvement to our breiiwca in that quarter of the
Statu.
The committee would respectfully invite the attention of the Legis
lature toa consideration ofthe stimuipus which sucu a line of communica
tion would give to the industry of our citizens, the facilities of transpor
tation, and reciprocal exchanges, and the consequent increase of con
sumption and production; to tlte increased vid re us land, and to the
towns, and villages, which would spring up all along the litre of its
route ; to the means of supplying the Atlantic Ser.beard, and foreign
countries, with many of these pruduetiuns, whwh now find an outlet at
N Orleans, thereafter to encounter the dangerous navigation around the
1 capes of Florida; to tiie increase of domestic manufactories afoug the
western part of this extended line of communication, where labor is
cheap, and water power abundant, which would be exchanged for for
eign merchandise, imported into our Atlantic cities; tu the facilities
which it would afford for travel, for the transportation of tire mail, and
of men, and munitions oi war and to its salutary influence, in preserving
unbroken the bonds winch unite us with the otlrer members of this great
confederacy of States. In view of all these advantages may it not be
asked, if n,iy more desirable investment can be mr.de of the active cap
ital in our Treasury ? Shall we extend the systemcf Education? Un
questionably this is an object of co.niuanding interest. The preserva
tion ofour free and happy insti.utions will depend upon the intelligence
oi our people. But the Legislature has already made liberal provisions
for common schools, and whether it be owing, as it probably is, to the
sparseness ofour population, or to whatever other case, it is believed
It is not necessary however to disturb these provisions. The funds of
that die benefits which are anticipated have not been rexlized.—
the State are ample for both objects. Tire committee moreover confi
dently believe that tl.e-success ol the contemplated improvement would
impart an activity and energy to the public miud, and woulJ so increase
individual wealth, that the means of education would he placed within
<li ‘ reach of many to whom its benefits ate now denied.
Shall we place this large amount of money in the Central, or in any
other Bank., to be given out on loan to our citizens ? So far as this ques
tion is political in its aspect, in so far as it may connect itself with
the contests of party, the committee would abstain from interfering
with it. It is only a question of political economy in tire most enlarg
ed and liberal sense of that term, that tl»y v<sOt^rc respectfully
an I briefly to consider it.
When the State assumes the office of a money lender it must, as in
all other cases, act by its agents. In the performance of so delicate an
office, asthe distribution ofthe public treasure among those whose neces
s:ties prompt them to ask it, no impartiality of conduct on the part ofthe
distributors, can prevent dissatisfaction among tire disappointed. The
voice of their discontent, may not be heard in the public councils. It
may speak but rar'lv,/vcn through the public presti. It nevertheless ex
ists in the public mind, and waits only a fit occasion for its devefope
menf. Independently therefore otthe advantages of any other mode of
employing the public, money, such a system it is believed, cannot be
purmanent. Its necessary tendency is to excite discontent and unless
the state should be peculiarly fortunate in the selection of its agents, it
would open a wide field for party or individual favoritism. It consists
witli the soundest maxims of good government, to guard against such an
abuse of power. But merely in a fiscal view ; let us suppose that two
millions of money could be constantly kept at interest, on securities
which would t nsure i s payment, and the punctual reimbursemei t of the
cap t <1; that no loss ;s should occur, and that it should be faithfully and
impartially distributed at the legal rate of interest, sl&.i,oUo less the
peuse iof the operation, would be received by the State. How would
tiiis compare with the advantages of such an improvement, as that rt—
commended by the convention at Macon? Inde|rendently of the tolls
which in other States have reimbursed, or ate rapidly reimbursing, the
cost of construction to tiie State, this would be a source of incalculable
in n‘fit to the community at large; not to alcomputatively few citizens
wiio are borrowers at the State Treasury, but to every individual of every
condition. In many parts of our State, the access to a market is dif
ficult; for many purposes impracticable. Let it ire asked ofthe Planter,
or meri i aiit, who is thus situated whether one, two, or three thousand
lollars for use the of which he is compelled to pay the legal interest,and
eventually to reiiniiurse the principal, would afford him equal advantage
with such a facility of transportation, as would enable him to procure
liis salt, iron and other, articles of necessity or of comfort,and todispose.
of his produce in return at a titlre of the present rate of freight? His
answer cannot be doubted. It is given wherever 'these improvements
exist, in thegaateful acknowledgements of those who most strenuously
opposed tiieir introduction: Even if they had been silent, it is found
all along the extended line of t hese improvements already completed in
otherstates of tiie Union, in the enterprise, activity and increasing
wealth of all wiio are within the sphere of their influence.
Tne Committee would respectfully suggest to your Honorable body,
that in the present stale of internal Improvement in tire United States,
it is no longer permitted to any one State to stand stiil. She must ad
vance, or relatively at least, she must retrograde. Iler citizens may
c intinue io enjoy the imperfect communications which they have here
tofore used.—T.':e citizens of other Stateswill advance in the carcerof
improvement which i> opened to them, leaving us in the distance, and
comparative discomfort, to which inactivity will consign us. Our sis
ter States of Alabama, Tennessee and South Carolina, encircling us
on everv side, are devoting all their energies to this object. A similar
ity of soil, an I climate, enables them to produce the same articles which
■‘VC off ;r to the foreign purchaser. Who does not see under what disad
vantages we must compete wtth them, if they should secure these facili
ties, and we siiould fail to procure them for ourselves? Who does not
perceive tiie necessary influence which it must have in retarding the in
crease of our population, not merely by presenting to emigrants advan
tages which wo cannot offer, Lutbytbe actual cmigiation of our owtr
P -ople ? .
i’iie Committee are quite sensible of the very inporfect manner >•* t
which thev hav-j Heated this important subject. They are perfect!’
ware of tiieir inability to execute, as it should be executed, the ' asfc
which iias been assigned to them by their constituents. Ih' , ( ] es j rc .
which has been felt to present this subject to the early notfr o ' of vour
Honorable body, h is necessarily so limited the time empfov <;d in
arlttion, as to render it even more imperfect, than it otherwise
have been. They will feel however that they hate discharged an im
-1 portant duty, if they shall be fortumito enough to Volu . f av „ rab | o
attention to tiris great enterprise, and will contig ..iitiy rely on the intellt
-1 genre of tiie Legislature, to correct their trrQrs, and lo supply their o»
missions
It only remains in considering thtj question, in what mode, and under
what superintendance the actual Consiructivn of the work, can be most
economically, set. ntittcally and effective]-; accomplished, that the com
mittee sho Id very briefly suggest lhc jr views.
I'wo modes oi operation occur. The first by the establishment of a
Boardot public wor ,s, the se c -ondby the appointment of a single su
perintendant, and a prrnct (I!t ] engineer, with power to each, to appoint
the reipi site as-ist.nits, | n the view of the Committee, supported as
they believe by experience in similar cases, the latter mode will best
secure the t!> cc great desiderata of responsibility in the agents, promp
titude - I t he operation, and accuracy in the execution of the work.
* b-..y beg leave therefore in the performance of the duty assigned to
. diem by the convention at Macon, respectfully but earnestly to solicit
your Honorable body, to give effect to the resolutions of that Conven
tiou by such Legislative provisions, as in your wisdom may be deemed
proper. Il the Legislature should determine to enter upon this great
i enterprise, and tho mode of operation suggested by the Committee
.1 should be adopted, the whole work would of course be under the genc-
I ral supervision ot the Executive, and open to any modification wh
Wlfor/E MO. 14S.
