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About Weekly constitutionalist. (Augusta, Ga.) 185?-1877 | View Entire Issue (Jan. 24, 1866)
CONSTITUTE) NALIST ” GOVKRSOIvS MESSAGE. EXECUTIVE DEPARTMENT. ) Jan 15'-h, 1866. j Senators and Representative* : Accept mv greetine upon the resumption of your duties after a brief recess. During that interval supoosed by some to be fraught whh peril, ahbough there have occurred in different localities shockir g exhibitions ot crime, we have witnessed no general or concerted disturbance of public tranquility Doubdesa this experi ence will awaken in all hearts renewed gratia tude to. and trust in, an overruling Providence; and enonrage persistent effort to ipcreate, from our recent chaotic condition, social order and prosperous domestic economy. Within a week after your adjournment, his Excellency the President of the United States was pleased to relieve of hia trqat the late Pro visional Governor, and to remit the govern ment of the State of Georgia into the hands of the choaen agents of the people. This was certainly a cheering advance in his restorative policy, and lllu"tratea bo h the kindness of hia purposes and the wisdom of your patient wait ing and prudent action. During nearly the whole period of your ab sence from the capital, the Congress of the United Btates has likewise been Id recess, and there have, therefore, been no decided demon strations of the policy that will be pursued by that branch of the Federal government. But enough has transpired to justify the expectation that not many months will elapse before our people will be represented in the Halls of Con gress. As surely as the laying of a foundation gives promise of a superstructure, just so surely are wo guaranteed an early restoration to all of onr rights as members of the American Union. In popular governments*, the highest legis lative function is that of framing or altering a written coristitution. History furnishes no record of a people, not only permitted, but ur gently invited, to participate in the exercise of this high function, actually exercising it, and then arbitrarily denied participation in the ordinary legislation Bpringing out ot it. An amendment of the Constitution of the United States has been proposed by the Congress, in the mode prescribed by that instrument, to the Legislatures of the several Stales, and its adoption depended upon the concurrence of the Legislatures of three-forths of those States.— These bodies assumed, seriatim, as they came into session, toact upon it; those Slates which had never separated or attempted to separate themselves from the Union, and whose gov ernments, therefore, had never suffered dis organization, aciiug first. A point was reach ed when a concurrence of the requisite number had not been attained, and po.-sibly might not be. At this juncture, Sta es, situated as was Georgia, were one after another getting again into an organized condition; and their Legisla tures, upon their assemblage, were distinctly invited, by Federal authority, to take action upon this V( ry important amendment. Most, if not all of them, among whom was Georgia, not only acted, but gave their concurrence.— A proclamation has gone forth announcing formally, that the proposed amendment bad been ' adopted by the Legislatures of throe fourths of tho States, the names of which are set forth. In this catalogue are embraced Georgia and several other States not recently represented in Congress, but now prepared and desirous to be so represented. Strike their names from the catalogue of the proclamation, and it would have no constitutional basis upon which to rest. If those States be not in the Union, the Federal theory, upon which tl}p war was waged is wrong, and they could not rightfully have voted ou the adoption of the amendment. Yet their votes were distinctly solicited, havo been counted, and have given it the desired sanction. Shall it be said of a Confederate Republic, that certain States were in the Union for one purpose, and out of it for all others—that whilst invited to participate, and actually par ticipating, in the making of fundamental law, they were incapable of participation in the most trivial act of oidinary legislation—that whilst, they, with other States, ordained that certain things be done by the National Legis lature, they can havo neither part nor lot in the doing of them ? Imagine the criticism upon republican government which such a state of things would evoke from monarchists of the old world. Let us not anticipate this result It would be too great an outr ge upon the exeluded States—too disturbing to the self-respect of the actors—too damaging too free institutions—if not too hiah a crime against them, at I list too conspicuous a blun der in the legislation of their chief exemplar.— Such an idea mny possibly possess the minds of a tew persons, havi g peculiar in ellectual and moral tdiosynoracies, but surely will never control the action of the Congress of the Uni ted States. Then, let us be not so uncharita ble as to harbor the suspicion. Being recog nized Conatitutioti-makers/or the Union, we shall be, erelong, legislators in the Union. I have said thus much on the subject because of the disquletMt produces in the public mind, wta eh l would fain aid in allaying. REPORT or THE COMMISSION. Tho Commission appointed by the Conven tion, which met in October last, to prepare for your consideration a code or ay stem of laws for the government and protection of persona recently emancipated from slatorv. ami for Other purposes, havo reported, and I trausnit a copy of their reporljlierewiih. Without dwell ing upou its provisions in detail, I take great pleasure in commending it, as a whole, to your most favorable consideration. It is just and liberal, as it should be, to the (Voedman. It is safe, as it should be, to the citizen. It exteuds no political rights to the former, but it gives ample security to hia rights of person and of property. Liko a great majority of the States which never admitted, or have long since abolished slavery, we are wholly averse to invest him with political rights and pri vileges. For that very reason, we are under Uie highest conceivable obligation to protect him in his rights of person and property, and to aid, by alljust means, his advance in rivU V nation. This aid we gave him, this advance we effected for him. whilst In slavery. Why should!; be withheld now? Whilst we insist upon occupying, in relation to th se persons, the position of the governing class, let us fully aud fairly meet its responsibilities. With the original report, I also transmit a copy of it with alterations suggested by tho commissioners themselves, upon revision. I iuvoke for the product of their, labors careful examination, divested of ail lingering preju dices. The commissioners have earned your grali.ude. aa well aa the compensaiion sug gested by the Convention, which it will be your pleasure to make. TUB WESTERN AND ATLANTIC RAILROAD. This very valuable item of §t»te property has, a3 you are well aware, suffered great de triment from the war. The government of ttie United States, upon takiug possession of it, through the military authorities, made such repairs as were necessary to make it available for their own uses, but these were not of a j permanent or substantial character. When delivered to the State authorities in September last, not only was the condition of the road itself bad, hot there was an almost entire des titution of rolling stock, machine sboj a for repairs of locomotives and cars, material to be nod in them, ordinary supplies, ands el.— I Tbereport of the Superintendent (which will be laid before you as soon as receive- ) will in j form yon mat he purchased of the articles above enumerated from the United States government, upon the terms elated, a very considerable quantity, the cost of which wasa little short )of four hundred thousand dollars. Although this purchase involved the assumption of a large discretion, when it is considered that there was at the time no higher authority ema nating from the people which could be con sulted—that, without the property purchased, the road, so necessary to commerce and to the supply of the wants of the people, could not have been operated—that it could not have been purchased elsewhere on a credit, and there fore not at all—and that even in its dilapi dated state, the road, in ihe short space of two months, yielded a nett income exceeding one half the amount of the purchases—the wisdom of the act will be fully exemplified. But large as is this outlay, it falls far short of what must yet be expended to repair the damages, and put the road in a condition to meet the demands upon it in the transportation of passengers and freight. Several of the largest bridges were destroyed, and must be re built. Three of the temporary structures erect ed to supply their places have been either swept away or greatly damaged by freshets during your recess, so that no trains can now run con tinuously between Atlanta and Chattanooga. Dally communication in both directions is in deed maintained, bnt at much trouble and ex p use, and with greatly diminished ircome. The night trains are now unavoidably dispensed with. I doubt not you will be admonished, by this unfortunate result, of the necessity of mak ing speedily such expenditures aB will effectu ally prevent Its recurrence. The funds necessary to the object must be raised upon the credit of the State. So soon as I am furnished with an estimate of tho proba ble cost, I will lay it before yon for com-idera tion. You will, lam persuaded, feel no hesi tation in incurring such debt as may be neces sary for the purpose, in view of the assurance furnished by its past operations, that the road will soon work out its own redemption, and then resume its tuspended functions of feeder to the treasury. Nothing now is needed to make it a Bource of immenso revenue, tbai solid, permanent improvements, motive capaci ty corresponding to its position in connecting ineaof railroad, and skillful m inagement. All lhiß Georgia can supply, and will, without un necessary delay, if true to herself. The last mentioned condition of its success, skillfu' management, demands present consid eiation. Although I should derive from it incalculable personal relief, I cannot concur in the suggestion, that the management of this great public interest should be transferred to a Board of Commissioners, to be elected V»y the people or by the General Assembly. In dis charging the responsible duty of" giving you from time to time information of the state of the republic, and of recommending to your consideration such measures as 1 may deem expedient," I shall yield neither to sugge tions of morbid delicacy nor the fear of being re proached with lust of power. In discussing the relative merits of the present and the pro posed schemes for the management of the road, both of which have been brought to the ex perimental test, the former finds aburdant support in the fact, which I think will scarce ly be contested, that the greatest success has been achieved under it. But I rest not the ar gument on this alone. With a Board of Com missioners you will have divided responsibili ty, divided counsels, bickerings, criminations and recriminations, and the inevitable loss of respect for the immediately controlling au thority. Be that authority vested in one, or in many, ho or they exercising it must be so compensited hat other avocations mav be en tirely abandoned, and the whole time given to the work. If there be several inadequately compensated, each will look to some other em ployment to supply his deficiency of attention to their joint trust, and thus a treat interest will receive li tie faithful supervision. yUI cannot be adequately compensated for the yielding of their whole time, without incurring enormous expense. This, however, is the least substantial objection. It will b? conceded that capacity for the management of so vast a business can only be fully ascertained by trial.' Whoever may be ‘intrusted with it, or however appointed, should bo subject to removal instantaneously that in capacity, or infidelity, was developed; and usually the powers of appoiutmont aud removal are placed together. The people, in the nature of things, could not exercise the removing pow er. The General Assembly are not in session onevdxth of time, in an average of years, and when in recess, cannot convene of their’own pleasure, and therefore are unfit depositories of the removing power. If this were separated from the appointing power and voted in the Executive, (-opposed to bo always in place,) difficulties still present themselves. First, there would be danger of antagonisms arising between the Executive and Legislative Depart ments, or between the former an ( the great body of people, which would be unfortunate Secondly, vacancies made should bj speedily filled, but this oould only be done by giving to the Governor the power of app nntraeut for an interval longer or shorter, according to circum stances ; and thus by a free exercise of the power of removal, he might at last draw to himself, in a good degree, that of appointment. This, too, would occasion jealousy aud dissaiis faction. To my mind it seems abundantly clear, that system is the best, for such an enter prise, which' most certainly fixes personal re sponsibility, and most effectually secures prompt removal, for incapacity or faithlessness Tills is attained by having all therespons-ihiliiy ot superintendence centered in one—and ail the responsibility of his appointment and continu ance in office, centered in another, himself im mediately accountable to the people. The qualifications for superintendence and management of such a work are by no means common aid cannot be secured without ade quate compensation. Lack of qualification caL uot be supplied by the mere multiplication of employees. Less than one-half the aggregate salaries of five, and but little more than half the aggregate salaries of three commissioners, placed at the lowest rate that would command very moderate ability, doubtless secure one superintendent of high capacity. Hoping that the great importance of the subject will be regarded a sufficient reason for giving it so laree a space in this communication, I leave it. with the respectful recommendation that very little if any change be made in ihe present sys tem. and that the salary of the superintendent be Increased to such extent as, in your judg ment, will secure the highest capacity for the position. I earnestly request early action upon the whole subject, that there may be no un necessary delay in putting the road on the proper basis. THE PENITENTIART. Public opinion seems to have been greatly divided upon the expediency es the Penitentiary system. The burning of several of the build ings apartment to that institution, by the Uni ted States forces in their progress through the State, has furnished its opponents with a favor able opportunity for attack. The history of punitive justice in the United States, and iu Great Britain, from which coun try our ideas of jurisprudence, civil and penal, have been mainly derived, clearly aeveiopes through a series of years a perceptible reces s'on from sanguinary and degrading punish ments. For thes3 have been substituted punishments of decided severity, but redeemed i y their connection with reformatory appli ances. Chief among them is solitary confine ment at hard labor, for a term apportioned to the character of the offense. This, which makes the Penitentiary system, has been gen erally adopted in the States of the Union, and seldom, if ever, abandoned after trial. Its in troduction always makes a very marked change of system, and I am inclined to think that the disappointment so often expressed in Georgia with its results has been occasioned mainly by uireasonable expectations entertained in its inception. The wit of man can devise no scheme of punitive justice which will prevent the commission of crim’—under any system the criminal calendar will increase with increasing population. If the system which has so long existed in Georgia be abandoned, what shall replace it? lam aware of no other sugger tion than a return to that which preceded it.— About th’rtv years since, the General Assembly of Georgia made this experiment, but the scenes of the whipping post, and the pillory, and the exhibition in open court of the red hot brand, burning infamy into bnman flesh, produced in one year such a revulsion of popular feel ing, that their immediate successors undid their work, and restored the Penitentiary. It may well be questioned, whet er our constit uency would now look with more equanimity upon such pr eeedings. In making the change under consideration, the crimes now punish able by confinement in the Penitentiary, must be divided into two classes—the more aggra vated added to the list of those entailing capi tal punishment—the other remitted to the bar barcßis sanctions of an exploded code. To the later I have already alluded. In reference to the former, it may be well to consider the pro bable efficiency of the proposed penalty.— Statesmen, jurists, ana publicists of tuis day agree in the opinion that certiicty gives more efficiency to punishment than severity. Where trial by jury prevails, no reliable estimate can be made of thecerta.nty with which any pro p sed punishment will wait upon crime, with - consulting public opinion regarding its propriety. We arc not without some data for the application of this test. The number of crimes dow subjected to capital punishment, in Georgia, is comparuively small; yet it is perfectly notorious (using tue mildest form of expression,) that in such cases the character of the forseen punishment marvellously in creases the difficulty of satisfying jurors that the accused has committed the crime charged. So evident is that feeling that your existing code provides as one test of the qualification of a jurot, before he is put upon the accused, the question “are you conscientiously opposed to capital punishment? ’ This test, as all know, excludes from the jury box many good, bnt, as I humbly conceive, sadly mistaken men. I submit whether, in the face of each clear indications of public feeling, it be expe dient to swell the list of capital offen es by the addition of minor ones. The horse thief might well prefer to go before the country with the penalty of death impending rather than t ith the milder one affixed by ihe present code.— This view might be extended, but you will readily follow the train of thought. My recommendation, therefore, is, that in stead of abandoning, you address yoursplves, with the light of experience, to the work of im proving the system. One of its greatest recom mendations, theoretically, is that it tends to the reformation of the convict. This merit is wholly denied it by its opponents. The truth, fairly stated, probably is, that in this respect it has accomplished less than was expected. The practical question is, may it not be made to ac complish more? That many convicts will prove* utterly incorrigible is to be expected, aud in mo3t instances this will be indicated very soon after their admission. These should be sub jected to the hardest labor, and to the greatest attainable isolation, thus diminishing their cor rupting influence. As regards the less obdurate subjects, it is worthy of consideration whether I opa, that great excitant of human action hop? of return to free life, under favorable auspices—hope of shortened imprisonment— hope of mitigation of its severity while it las s, may not be more freely and more judiciously used as a reforming agent. Has it been suffi ciently considered—has it been fairly tested, how far reward in the shape of mitigated pun ishment may consist with punishment itself which is meant to be refer mi ton? Have extra neous good influences, such as moral and re ligious oral teaching, impressive and well directed reading, been applied with sufficient judgment and persistency? The solitary ele ment of the convict’s imprisonment is, doubt l»B‘, very potent, because very bitter. Its stringent ei forceraent to restrain bad influence, and to conquer obduracy, wou’d be eminently proper ; whilst its judicious relaxation, as a re ward of good conduct, and earnest effort at amendment, might be very salutary. The tendency in such institutions, as in schools for boys and higher seminaries of learn ing, is to one unvarying disciplinary course, regardless of difference in traits of character or in degrees of depravity. It makes the daily administrative routine more easy, and hence’the strong temptation to it; but no educator of the young achieved distinguished success under it, and prison discipline so conducted must fail likewise. Should you determine to adhere to the sys tem, much will have to be done to repair the material injury sustained by the institution, into which, doubtless, your committees will enquire, as well as into its general management, to which I am as much a stranger as any, and more than many of you. The question will probably arise, whether, if it be continued, it shall be rebuilt here or e3* tablished anew at some other point. There are certainly, advantages in having such an instis tution at the seat of government, which will readily occur to the reflecting mind, and one great objection heretofore existing to the lo cality, viz : its inaccessibility by railroad travel and transportation is overcome aJ ready, and doubtless'it will, ere long, be still more easy of access. There may, however, be advantages in some other locality commending it to pre era enee. Os this. you. in your wisdcm, will better determine. Should you determine to locate it elsewhere, I respectfully suggest that the press eut site, with necessary repairs to the build-, ings not destroyed, and the addition of others, involving no large expenditure, might be used advantageously as a labor prisou for persons of color convicted of certain crimes. Public works of suitable descriptions, such as the tanning of leather and the lower and more easily acquired mechanic arts, coming within the purview of the report of the commissioners herewith trans* mitted, might be advantageously established here. By act of the General Assembly, approved December sth, 1862, the Executive was au thorized to establish, in connection with Messrs. Devine, Jones, and Lee. a Card Factory, for the supply of a want sorely felt throughout the State. The connection was formed, and the factory established on the Penitentiary grounds. As, in the changed circumstances of the coun try, it will not be desirable to either party to continue the connection, I advise the appoint ment of an agent, or agents, with full authority to settle all matters in account between the parties, and to divide the assets, and make sale of such as may be allotted to the State. The Penitentiary, if continued in operation, will doubtless need the appropriation of more or less money to extinguish in whole or in part the amount due it by the State, as stated in the reparr of the principal keeper, and to which your attention is invited, * STATE FINANCES. The financial condition of the State demands' serious consideration, and wise action. The currency in the treasury when hostilities ceased is utterly worthless. The functions ot all officers of the Stale government having been for several months suspended, no tax has been collected during the political year just ended. The expenses incident to a reorganiza tion of the government have been, thus far, met by temporary loans, and these are now very nearly exhausted. For all practical pur poses the treasury may now be said to be empty. From what has already been said, it is ap parent that during the year upon which we have entered large sums must be expended, in the revival of important interests. In addition to these, the arrears due npon the civil list of the last year, the interest upon the public debt, unpaid for several years, a portion of the principal of that debt, matured, while we have been cat off from connection with the rest of mankind, and the necessary expenses of the government during tha political years 1866 and 1867 must necessarily be provided for. I In clude the expenses of 1867, because if resort be had to taxation, the usual resource of sup porting government, that tax must be imposed and collected in the present year. The arrear ages of the past, and tbe regularly accruing expenses of the present year, can be met only by the sale of valuable property .possessed by the State, or by loans predicated on her credit. Tbe former alternative I may dismiss, as ao expedient without advocates. Recourse must, then, be had to the credit of the State, and the practical questions are, to what extent and in what form it shall be used. I accompany this communication with a tabular estimate of money which will be re quired for the years 1886 and 1867, which I think will admit of no material reduction.— Superadding to this sum so much as you may determine toexrendin the reconstruction and refitting of the Western & Atlantic railroad, and the Penitentiary, and snch other appro priations a3 it may be your pleasure to make, for the relief of disabled soldiers, for the suf fering families of those who fell in the war, which present strong claims upon oui human ity and our gratitude, and for any other pur poses, you will be enabled clearly so estimate the necesities of the State. We at once assume the whole outlay in money which you may determine to make in the political year now current, which will terminate on the first of November next, must be borrowed, unless you not only resort to taxation, but materially ad vance the payment of the tax. Looking to the year next ensuing, (1867) it will be necessary to and termine during your present session whether you will provide for its wants by levying a tax during the present year, or whether you will put that burthen also upon the credit of the State, and give to your constituents, iu*their reduced circumstances, another year’s exemption from State taxation. It mu3t be borne in mind that there is upon the statue book an unexecuted law, requiring the payment of a tax in the year recently end ed—unexecuted, because of the disorganized condition of the goverment. I recommend'the remission of this tax, and the imposition of a moderate one to be collected during the latter pa-t of the present year, when the fruits of its operations shall have been partially realized. In the tabular estimate, before referred to, I have, for convenient reference, set forth a state ment, made up from the report of the late Comptroller Genera', showing what sums dif ferent rates per cent, upon the assessed value of property in 1660 (other than slaves,) will yield. Owing to the late period of your organiza tion, and the circumstances sj -rounding you iu your brief session, no appropriation of money for the civil establishment, in'the cur rent year, has been made. The first quarter has very nearly expired, and to meet its de mands it will be necesory to appropriate a sufficient sum, before a general appropriation act can be matured, and indeed as quickly as possible, the amount of which can be deduct ed from the estimates in the general bill. Dis<ouraging as.is the present aspect of onr financial affairs, it may safely be affirmed that you may make the embarrassment only tempo rary. The entire indebtedness of the State, clearly ascertained, including its funded debt, interest upon it in arrear, and the temporary loans effected recently to put the government again in operation, fall3 short $3,500,000. If to this were added two millions five hun 1 red thousand dollars to repair all reparable dam ages, and meet present necessities, without im posing heavy burthens upon a people tempora rily exhaus ei by protracted war, the wiore amount of indebtedness would be six millions of dollars. The annual interest upon this sum, and the annual appropriations for the support o! governm nt, upon the scale of esti mate here presented, would not exceed eight hundred thousand dollars. From the earnirigs of the Western and At ' lautre railroad, put in good working order, and from a tax of one-eighth of one per cent, upon the property of our people, (these estimates being pm intentionally low,) we may safely cal culate on an income of oDe million and fifty thousand dollars, showing a yearly balance in the treasury of two hundred and fifty thousand dollars. This annual surplus might be treated as a sinking fund for the public debt, as follows. If the debt be raised to six millions of dollar , (»Bd it may fall considerably abort of that amount) the bonds to be hereafter issued, in redemption of those matured within the last four years, and unpaid; in funding the arrears of interest on the funded debt, and to meet the present necessities of the State, will amount to three millions four hundred and fifty-six thou sand hundred and fifty dollars. Two per cent, upon this sum, set apart as a sinking fund (accumulative), would amount to sixty nine thousand one hundred and twenty-five dollars, which, deducted from the annual surplus of two hundred aetd fifty thousand, would leave one hundred and eighty thousand eight hun dred and seventy-five dollars. This sum set apart, arid applied faithfully to the pay ment of the bonds now extant, would (as a little calculation will ehowl pay tbeir fuil amount, as they mature, until 1812, when it would extinguish nearly half ; leaving about three hundred and seventy thousand dollars lo be otherwise provided for six years hence. That done, the annual surplus would in each year extinguish the maturing debt now existing, and close that account in 1881. Mean time the sinking fund provided, as proposed for the newly created debt, if faithfully set apart, and judiciously invested, would silently but surely work out its redemption. One great advantage of the sinking fund is, that it se cures confidence, and opens the wty for favor able negotiation of the securities for which it may be provided. But another incalculable advantage to the debtor State' is, that it dis tributes the burthen of payment equally over all the years the debt has to run, which for that reason, can never come, with a stunning stock upon the treasury, and necessitate a rep. etit'on of the borrowing operation. These are matters of calculation, the data for which are found in the Comptroller General’s report, ex cept the estimated receipts from the Western and Atlantic railroad, in which I have full confidence. If|it 're thought sufficient mar gin has not been left for miscellaneous appro priations, the reply is, that, the annual income will be swelled by items of taxation not taken into the account, and by dividends on railroad stock owned by the State, also left out, be cause not immediately available ; whilst, by the gradual extinction of the public debt now existing, there will he a corresponding reduc tion in the amount of interest to be annually paid, leaving each year a larger surplus. It will have been seen' that it is proposed to meet the over due bonds by issuing other *oond3, and, also, to fund the interest in arrear. There is every reason to believe that no difficulty will occur in affecting this negotiation. As evidence of this, I send you, herewith a copy of a communication from Lewis H. Haslewood, Esq., of London, chairman of a committee ap pointed at a meeting of holders of American securities, on which there are arrears of interest. Tbe very liberal proposition is therein made to fund all the arrears of interest, and the interest to accrue to January, 1867, inclusive, into a bonded debt, the sole condition being, that a sinking fund be established of 2 per ct per an? nun. The amount of debt represented by Mr. Haslewood is not stated; but it is presumed to include all the sterling bonds of tbe Stale, which |amount to seventy»two thousand dol lars, and may embrace others. If foreign creditors be willing to fund not only our in terest in arrear on the first of July last, but that accruing within eighteen months there after, can it be supposed our Inme creditors will hesitate to fund that accruing to the Ist inst? Without an adequate sinking fund, you cannot resuscitate promptly the fallen credit of your State. With it you can. Un less it be resuscitated, you must either hawk your bonds about the money centers, and -ell them at an enormous sacrifice, making a nomi nal rate of 7 per cent, equivalent to form 8 to 10 per cent, and have your credit always de preciated ; or yon must greatly reduce your expenses, including salaries, to a standard so low as to banish from the service of the State, iu all departments, citizens of sterling virtue and ability ; or you must cause your constit uents to groan under a weight of taxation, which now they are illy ab!e to bear, To avoid these disastrous alternatives, earnest, decided action is indispensable; and it is high time that Georgia should adopt a judicious, stable financial system. I recommend, therefore, first, that you au thorize the Executive, as the necessities of the State may require, and to that extent only, to issue bonds of the State, having not less than twenty nor more than thirty year to run, bear ing an interest not exceeding six per cent, for an amount which, added to the existing funded debt, not yet matured, shall not exceed six millions of dollars. Secondly, that for the pay ment of the interest, and for the creation of a sinking fund (accumulative) to discharge the principal of the debt, now proposed to be creat ed. oftwoper cent per annum on that principal, so much of the annual income of the Western and Atlantic railroad as may be necessary be sacredly pledged, and that this pledge be set forth in the bonds. Thirdly, that to tbe extent of this pledge, all appropriations hitherto made, for S'ate uses and policy, of that income, (not involving the violation of contract,) be repealed; Should these recommendations meet your approval, it may be necessary to contract short loans, to meet pressing necessities; but these may be extinguished as longer ones are ef fected. EDUCATION. Hitherto the State haseided the cause of education chiefly in two ways: first, by the en dowment of a University, and secondly, by setting apart certain funds for distribution among the counties in aid of common schools. The case of the University i= somewhat pecu liar, but readily understood. Its original per manent endowment was in lands, which, with the consent and approbation of the General Assembly, the trustees sold on a credit, tak ing bends and mortgages for the purchase money. Subsequently, the State assumed the collection of these securities, and assumed to account to tne University for the funds as col lected. In liquidation of the resulting trans actions, the -tato transferred to the Univer sity one thousand shares of the Bank of the State of Georgia, owned by her, the par value being one hundred thousand dollars. The trustees were expressly forbidien to sell or in any way dispose of this stock, but were by act of the General Assembly guaranteed per petually eight per cent, income from the stock; any overplus that might accrue from annual di vidends, enuriDg to the benefit of the Institu tion and any deficit of the eight thousand dol lars the State being pledged to make good.. And this has often been done, no special appro< priation being made in each instance, but the deficit being always paid at the treasury by provision of the act authorizing the transfer of the stock, and guaranteeing the annuai income from it of eight thousand dollars. This guaran ty was doubtless induced by two considerations; first, that, (as the history of the transaction spread upon the'sfatue book shows) the transfer of the stock, was intended as a satisfaction and settlement of money collected by the State on the University bonds and mortgages Secondly, because in making the transfer of Bank stock the State assumed to inhibit the sale of it, which would have been ugjust, without assurance ot a certain annual income beyond all contingency. Deficits of the amount of dividend, and entire failures of dividend have always in good faith been responded to by the State. One of the re sults of the late war has been, the utter failure of the Bank of the State of Georgia, and the conse quent extinction of all possibility of farther dividends But the obligation of the State re mains unimpaired. There are, indeed, annu ities, (for so they may be called) in our arrear since the bank ceased to declare dividends.— I am not aware of any purpose on the part of the trustees to urge, at this time of finaucial embarrassment, any claim for those arrears, and I trust that they will forbear it for the present. But to the resumption of the pav ment of the annuity they are clearly entitled, and without it cannot keep the University in successful operation. The late Convention, having the history I have here briefly detail ed fully presented to them, and in view of the importance of the whole subject, placed upon the Generally Assembly a constitutional obli got ion, to “ provide for the early resumption of its exercises, (which had been unavoidably suspended) by a permanent endowment of the University.” Relying upon the annutty of eight thousand dollars, the trustees have re opened the Institution, and I have, as you will perceive, in the estimates accompanying the commnnicat'on, included this item. As S3 early a, dav as returning prosperity will per ms-, it will doubtless be the pleasure of the General Assembly to make the perm: no t ne- 1 dowment enjoined by the Convention.
