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BENNETT & SMITH, PROPRIETORS.
VOL. VII.
Slffuirs nf tjit Itatf.
GOV. JOHNSON’S MESSAGE.
EXECUTIVE DEPARTMENT, j
MII.LEDGEVII.LE, Nov. G, 1855. J
fallow Citizens of the Senate
and House of Representatives :
Yotl It life assembled. as the representatives
of the people, to review the administration ]
of the State Government, for the last two \
years, atul to enact such laws as your wiR- 1
dom may dictate, to be necessary for the i
promotion of the public welfare. You meet!
under circumstances well calculated to awa- ;
keu gratitude to Heaven. For although the j
previous year was one of drought and com
parative scarcity, and memorable for the
melancholy ravages of Yellow Fever upon
our principal seaport city, yet, the tempora
rv frowu of Providence has passed away, and
again we bask in his beneficent smiles. —
Peace, health anu prosperity reign through
out our borders; we still enjoy the blessings
of civil and religious liberty; all things
combine to provoke us to that righteousness
which <> cxhalteth a nation”
I herewith submit the report of the Treas
urer, exhibiting fully the operations of his
Department, for the last two fiscal years,
ending on the 20th of October. It appears ;
that there was at that date, an available
balance in the Treasury of $00,793 21.
The Western & Atlantic Rail Road paid
into the Treasury, in 1854, the sum of $50,-
000. There was also collected from the
Federal Government, on account of Military
claims, $11,331.79. In 1855 and prior to
the Ist of October, the W. & A. It li paid
in the further sum of SIOO,OOO 00. The
Treasurer also received on account of the
sale of the reverted lands in the Cherokee
region, sold under an act of the last Legis
lature, the sum of $19,362 01. From the
sale of the State's interest in lands on the
Chattahoochee, under an act of the last ses
sion, he received the further sum of $1,993,-
11. Hence, for the two fiscal years, the
Treasury has received the aggregate sum of
$lB2 027.49, from extraordinary sources, not
anticipated by the last Legislature, in the
estimate cf revenue. The aggregate receipts
of the Treasury, from ordinary souices, for
the two years, was $930,244.03; and the
actual aggregate of disbursements, for the
same time, was $940,874 97 : showing that
there would have been a deficit, without the
receipts from these extraordinary sources,
of $15,730 94. Now, the act of the 24th of
December, 1845, creates a lien upon the W.
k A. It. It., nnd its nett earnings for tlse re
demption of the Bonds, amounting to $125,-
500 00, which it authorised to be issued for
the extension of that work. They fall due
in July and December, 1850. But seeing
that a deficit in the Treasury to meet the
demands upon it, must necessarily occur;
finding it also impracticable to call in these
Bonds, except to the amount of $19,500, and
feeling [perfectly confident that the future
proceeds of the Road will be amply sufficient
to meet the balance of $106,000 00, before
or at maturity, I directed the Treasurer to ;
carry the monies paid iu, from that source,
into the general fund, use them iu the pay
ment of the public Debt and interest, and
the regular operations of the Treasury.
The Committee of Finance on the state of
the Treasury, &c., called my attention to
the immense item of expenses for the services
of Clerks in both branches of the General
Assembly. 1 have investigated this subject,
by actual examination of the President’s and
Speaker's Warrants from 1833, down to the
present time, including the last session. The
aggregate expenses of the two Houses, per
Session, on this score, from 1833 down to the
session of 1849-50, ranged from $4,290 to
$8,833: the latter sum being the largest ex
expenditure of any one session during that
period. For the session of 1849-50, the ex
pense for Clerks’ hire of the two Houses was
$18,286.00: for 1851-2, it was $17,212.00,
and for 1858-4, it was $33 156 00. The
enormous expenditure of the three last Ses
sions of the Legislature evince extravagance
and call for retrenchment and reform.
Looking at the large liabilities of the W.
& A. It. It. to mature in 1856, and the heavy ‘
demands upon its receipts, to perfect its
equipment, 1 submit, that it will be wise to
adhere to the policy of raising, by taxation,
the amount necessary to defray the expenses
of the Government, and meet the ordinary
drafts upon the Treasury. The nett earn
ings of the Roau should be faithfully applied
to the extinguishment of the large public
i debt created for its construction; taxation
i should furnish the revenue until that shall
| have been accomplished.
I shall not- enter into a discussion of the
I principle upon which the tax Bhould be lev
ied. Iho ad valorem is the only correct
i principle. It may now, I trust, be consid
| ered as the fixed policy of Georgia; for it
, has vindicated itself by experiment, and the
I public mind is satisfied of its wisdom. The
, eil 'Ung system may need amendment, in its
details, but you should adhere to the princi
ple on which it is based.
On the 20th of October last, the publie
Debt, including the 6 per cent, bonds issued
for the payment of claims against tho State,
on account of the Darien Bank, was $2 644 -
222.22. Since the action of the last Legis
lature, the Central Bank 7 percent bonds
are considered as part of the public Debt,;
and consequently the balance outstanding,
amounting to $296,000, are embraced iu this
estimate. I refer you to the report of tho
Treasurer, nnd to the accompanying << Re
port of the Finance Committee on the state
of the Treasury, &o.” far tabular statements
of tho amount of the bonds which constitute
the State Debt, their rate of interest, when
and where payable, slid the payments made
during the two past financial years.
The credit of the State is now good—a
source of congratulation to every Georgian.
It should not only be preserved, but every
means adopted to increase and strengthen
it. It is remarkable that the Bonds of
Georgia command a less price than the bonds
of other States that owe a much larger debt.
This is a fact which should arrest the atten
tion of the Legislature. I apprehend that,
upon examination, the reason will be found
to be, that our Bonds are mainly payable in
Augusta, Savannah, and at the Treasury.
This is true of all the issues, except those of
July the Ist, 1852, and these'aiitOunt to but
$525,000, payable in New York. They were
negotiated for a premium of five per cent,
while the issues, under the act of December
4th, 1851, the interest of which is payable
semi-annually in Savannah, were negotiated
at an average premium of but two per cent.
Tliis furnishes a striking illustration of the
advantage of making our State bonds paya
ble in New York. This is the great com
mercial emporium of the Union, aud thither
capital flows, from all points to seek invest
ment. Hence, as a means of appreciating
the credit of the State, I recommend the
Legislature to authorize the calling in of all
the State bonds, including the Ceutral bank
7 per cents, not payable in New York, and
the issuing of others, in their stead of simi
lar tenor, dates and amourts respectively,
payable at that point. It will also impart
simplicity and uniformity to the operations
of the Treasury.
By an act of the Inst Legislature, approv
ed the 17tli of February, 1854, I was direct
ed to issue State bonds, in lieu of the out
standing bonds of the Central Bank. It was
impossible to effect the arrangement contem
plated by a literal exchange of bonds. The
intevest on the new, was limited to six,
whereas the old Central Bank bonds sought
to be called in, bore 7 per cent. Os course
the holders would not receive the former, in
lieu of ilie latter.
That act also required the issue of new
bonds, in lieu of certain other bonds of this
State, printed on inferior paper, mutilated,
and of inconvenient, amounts. The holders
of these bonds, with one exception, have not
applied for the benefit of the act; and there
fore, it was not deemed expedient to incur
the expense of anew engraving. By adopt
ing the policy above reeoimnended, both ob
jects of the Act will be accomplished, and
contribute much to the public good, since it
will form a ['art of the plan for simplifying
the State debt and appreciating its credit.
Under the act of 24th of December, 1845,
k to extend the Western & Atlantic Rail
Hoad, and to provide means therefor,” 0 per
cent, bonds were issued to the amount of
$125,500 00 signed by the Governor and
countersigned by the then Chief Engineer,
and payable ten years after date. They were
issued on the Ist of December and July,
1846, and consequently, fall due the Ist of
December and July, 1856. In anticipation
of their maturity, $19,500 00 of the Bonds
have been paid, leaving a balance of $106,-
000.00 unpaid. The Act referred to gives to
the holders of these bonds a paramount lien
upon the Road and its nett earnings, for
their redemption. Hence, the clean receipts
of the Road must be appropriated to the sat
isfaction of these liabilities; and there is no
doubt, but they will be amply sufficient to
meet them all before or at maturity. After
that, they may be used in any manner the
Legislature may direct. Therefore, if the
amount necessary for the administration of
the Government, be authorized to be raised
by taxation, as recommended in another
part of this communication, thenall the nett
receipts of the W. & A. R. It. should be ap
propriated to the payment of the public
debt. There is obvious propriety in this pol
icy. Most of the debt was created for the
construction of the Road, and it is therefore
proper, that it should first discharge its lia
bilities to the State. Asa large portion of
the public debt will fall due at the same
time, the Executive should be clothed with
discretion to make such application of the
money, derived from that source, as will
avoid the embarrassment which such heavy
maturities must produce I therefore re
spectfully submit, thnt, after the payment
of these bonds and reserving enough from
time to time, to meet its liabilities proper,
as they may fall due, the nett earnings of
the State road should constitute a Sinking
Fund, purposely set apart for the purpose
indicated.
I herewith submit the two annual reports
of the Superintendent of the W. & A. It It ,
exhibiting its operations for the fiscal j'ears
1854 and 1855 They show a steady nnd
highly encouraging increase of its business j
aud a commendable curtailment of its ex- j
peuditures. As these documents furnish all
the data for the fornintiou of a correct opin- j
ion as to what should be the future policy j
of the road, so far as relates to the regula- i
tion of its tariff of freights, I shall indulge
in no speculations upon thnt subject; but
leave it, in all its bearings, to the wisdom of
the Legislature. It is one of great moment,
aad can only be correctly settled by facts,
its connection with other roads, aud tho light
of experience. If you design it to be a pay
ing road, then the policy obviously is, to
adjust its freight schedule, in reference to
its connection with others. If j'ou are con
tent, that it shall be kept up mainly for the
accommodation of the section through which
] R runs, and ns tho means of affording the
! ow > with facilities lor procuring the pro
ducts of the up-country, without spccinl
reference to profit, then it may be treated
and conducted as an independent work. The
j roatl is tbe peoples’ property, constructed for
J their common benefit, and therefore, it is
8 Edftiill, ffctospiipei-—heboicO to ?Dfioi);il f|i]o Styfe politics, JLiiehpuhs, ifie Hilt-Ms, fol-eip wd Sotiicstic Ketos, &c.
CA.SSVTTDLE, GA., THURSDAY, ISTOYU 15, 1855.
peculiarly appropriate for you, ns their rep
resentatives, to prescribe the line of policy
to bo pursued.
Nor is it necessary to discuss the various
plans suggested for its future management.
Some insist, that it should be sold, either in
part or in whole, so ns to sever its ownership
from the State, or to give its control to pri
vate individuals. Others urge that it should
be leased for a term of j'ears. These prop
ositions were discussed by my immediate
predecessor, and considered by the last Leg
islature. They have also, in the mean time
engaged the populi r mind, to a considerable
extent, and you are doubtless prepared to
represent correctly, by your action, the pub
lic sentiment. Another mode proposed is,
to place its management in the hands of a
Board, composed of three Commissioners, to
be chosen by the people. I refer to these
propositions to demonstrate what, I believe
to be indispensable to meet the expectations
of the people of the whole State, and that is,
the necessity of removing its administration
beyond the arena of politics— of taking it
from Executive control—of making it inde
pendent of party influences However widely
different these varied propositions are, they
afford conclusive evidence of the restlessness
of the popular mind on the subject. The
sentimeut is all pervading, and is manifest
ed iu a thousand forms, that this is expected
aud demanded at your hands. How it shall
be done, is the question for your wisdom. I
have no hesitation in expressing the firm
belief, that it were better to adopt any one
of these propositions, than to permit the
road to be managed under the present mode
of its organization. The idea of this vast
capital being subjected to the fluctuations of
party politics—-confided to agents, who, as a
general rule, will be changed every two
years, in obedience to the utterances of the
ballot box, is preposterous and ridiculous iu
the extreme. It is only rail road men who
understand the conduct of these great works.
Politicians, who aspire to Gubernatorial
honors, know but little, if anything, about,
it.. How absurd, therefore, to place the Ex
ecutive at the head of the road —inexperi
enced and therefore disqualified—and expect
him to manage it with skill and success?
How unjust to him how hazardous to the
interest of the people, to saddle him with so
heovy a responsibility. Without disparage
ment to predecessors, it is believed that the
road has never been better managed, than it
has been during the lust two years. Econ
omy arid punctuality, in every department,
have been enforced—not a dollar lost by de
falcation, not a dollar recovered in litigation
for damages which accrued within that pe
riod, —hut few and slight disasters from
running off or collisions of trains—nnd yet
the dissatisfaction anti complaint, in certain
quarters, are deep and loud. All, all are
demonstrating that the policy of severing it
from Executive control, is absolutely imper
ative. I respectfully urge the Legislature
to do it.
Under the resolution of the last Legisla
ture, for that purpose, I appointed the lion.
John D Stcll a Commissioner, “ to proceed
to tiie State of Tennessee, to procure the re
peal of the law of that State, which subjects
the W & A 11. 11. to suits in her Courts,
and to fix upon such terms of negotiation
and reciprocity, as shall be acceptable to
both States ” As the result of his mission,
I herewith submit the Message of the Gov
ernor of Tennessee, and the action of her
Legislature upon the subject You will per
ceive that they, by Resolution, authorized
him to . appoint a Commissioner learned in
the law, whose duty it shall he to confer
with the Commissioner appointed by the
Governor of Georgia, either here (in Nash
ville) or in the State of Georgia-, upon the
subject of the intercourse by rail road be
tween the two States, with instructions to
report to the General Assembly of this State
(Tennessee) all the legislative action that
has been had by the two States in reference
to tliis matter, and also wliat further legis
lation, if any, is necessary to preserve the
rights of the citizens of Tennessee, and to
maintain our friendly relations.’* After
Mr. Stell returned, lie surrendered his Com- ;
mission, and I appointed Win. K DeGraffen
reid, Esq., in his stead, to complete the
negotiation. The Governor of Tennessee ap
pointed James A. Whitesides, Esq., under
the resolution above quoted. These two gen
tlemen have had a meeting, but liuding that
the question of the jurisdiction of the courts
of Tennessee ovor the W & A. It. R. was
made in the McClung case, then pending be
fore her highest judicial tribunal, they con
sidered it most prudent and respectful to ;
await the decision, before proceeding with
the negotiation ; for the court might deter
mine the question in our favor, aud thus end
all trouble on this score. But our hope of
so gratifying a result has failed. I under
stand the Court has decided against us.—
Hence, if ro satisfactory adjustment betweau
the two States can be effected by negotiation,
it will devolve upon you to determine the
course to be adopted. A lease or sale of
that portion of the road which is within the
limits of Tennessee, would seem to suggest
itself as the most natural remedy.
I refer you to the report of the principal
i keeper for the operations of the Penitentia
ry. The statement exhibits its present
financial condition -on the Ist of Got., last:
To Notes and Accounts, $23,27(5.03
I Os which nrc considered
| had and doubtful, $2,702.27 $20,573.76
a8b * $2,807.80
$23,381.06
! And the liabilities arc:
Due Officers and Guard, $7,590.89
“ Indi’ls, In’spr’s De’t 8,483.32
“ do B’k K’p’s“ 504.95 $16,579.16
Resources over and above Liubili
| tics, collectable, $6,802.40
“PRINCIPLES-'NOT MEN.”
To which add:
Manufactured articles in
B. K’s Dept., $6,747.90
Material on hand, P’l
K’s Dept., $10,257.91 $17,005.81
$23,808.21
Hence, it nppears to have been managed
with quite ns much nbilty and success, as
under previous administrations. Still, I
feel constrained to sav, what its whole his
tory confirms, that it has, to a great extent,
proved to he a failure. A brief glance at
the causes, will point out the remedy. It is
the duty of the Legislature to apply it
promptly.
The original design of the institut’on was
two-fold : Ist, to substitute efficient punish
ment for crime, propet ly adjusted to its
demerit, for the gallows, in the higher, and
the application of the pillory and whipping
post to the lower, grades of offences: 2ndly,
by connecting labor with confinement, to
make it a self-sustaining system. The first
object has been so far accomplished only, as
to dispense with these engines of cruelty
and barbarism. But the Penitentiary has
failed to answer the great euds of punish
ment— reforming the criminal and deterring
others from crime. It never can answer
these purposes under its present organiza
tion. From the utter impossibility of pre
venting inter-communication between the
convicts, aud the absence of all classification
of them, according to the moral character of
their respective offences, the hope of refor
mation is unavailing—is vain and futile. It
is rather a school, in which the villain learns
to be more abdurata in liis depravity, and
lie who is imprisoned for an offence, not in
volving the darker shades of turpitude, loses
the little self-respect remaining to him, by
the necessary contact with his associates,
and is thus ultimately robbed es this last
trait of human redemption. The exceptions
to this general remark, few aud far between,
confirm its truth. Hence, the Penitentiary
ceases, to a great extent, to be a terror to
evil doers. It also fails to answer the other
object of punishment—that of deterring oth
ers from violating the laws of the laud. The
loss of personal liberty, of the sweets of so
cial life, and the necessity for constant toil
and restraint upon the passions, should con
stitute the terrors of imprisonment. But
organized as it is, how feeble aud impoteut
are these sanctions, under our system of
Penitentiary confinement!
It has most signally failed to accomplish
the second design of its formation—that of
being a self-sustaining system. The proof
of this is found in the large appropriations,
which the Legislature have been compelled,
at almost every session, to make for its sup
port. There are palpable causes--causes
that meet the eye of the most superficial ob
server—which render it impossible for it to
pay its own expenses. Its wall encloses on
ly about two acres of ground ; is it to be ex
pected, that one hundred and seventy-live
men can he employed profitably, upon so
small an arena, in which it is impracticable
to diversify labor. It is located where ma
terials for manufacturing cannot he obtained,
without the payment of ruinous prices.
The question then arises, what is the rem
edy ? Remove it to another region of the
State. Construct it upon a plan sufficient
ly capacious to meet all the conditions re
quired. So arrange its apartments as to
classify the convicts, according to the moral
character of their offences, and to secure ab
solute prohibition of all social intercourse
among them. Loca‘e it at a point where
material of all kinds can be procured cheap
ly, nnd build it of stone and iron.
Now is a most favorable time to apply this
indispensable remedy. The present wall,
aud buildings are all dilapidated and totter
ing, and they offer hourly temptation to the
devouring element. Something must be
done now. The present structures are inca
pable of such repairs as will render them
suitable for the purposes desired. The
whole concern must be rebuilt, if you intend
to continue the institution and to make it
what it ought to be-
By removal, you can remedy another great 1
evil. You can locate it at a point, at which,
heavy operations in iron and stoDe may
furnish employment for the convicts, and
thus dispense with the common branches of
the mechanic arts. On this score the pros- j
ent system is most detrimental. So far from j
retarding, the State should so shape her pol
icy, as to encourage industrious and honest
men to engage in them. But what is the
effect of the present Penitentiary system ?
It degrades them, by turning loose annual
ly a corps of graduated villains, half skill
ed aud too depraved, in most instances, to
perform according to their ability, who will
work at reduced prices, and thus meet the
honest mechanic with ruinous competition.—
In arranging a system of Penitentiary la
bor, this reform should not be disregarded ;
but, situated as the institution now is, it isj
impracticable.
In submitting this subject to your conside
ration, your ntttcntion is directed to tliei
suggestions, under this head, in the Report]
of the i.Finance Committee on the Stato of
the Treasury, &c and the Report of the I
principal Keeper.
If we look to the geographical position of
iho State, it is not singular, that she hits’
taken the lend of her Southern sisters, in
works of Internal Improvement. She occu
pies tho gap between the Southern spur of
the Alleghany mountains and the Atlantic
nnd is therefore tho portal through which
tho travel nnd products of the groat Tal
lies of the West must find their transit to
the highway of nations.” Such a position
fixes upon her a heavy, but glorious respon
sibility, involving a mission for the future,
worthy the most comprehensive grasp of en
lightened statesmanship. On the other hand
her varied aud inexhaustible mineral aud
agricultural resources, afford a perpetual
stimulus and prompt to constant efforts to
secure the means of their development.—
These considerations create a twofold obli
gation upon the Legislature ; the one, to ad
jacent States—the other, to her own vast in
ternal interests. Hence, to comprehend ful
ly their legitimate scope of act on, the legis
lature should assume a lofty stand point
from which they can survey the whole field.
Holding in her hand tiie key which opens
the Atlantic to the West, the State should
so use her power, as to force, by a compul
sion mutually advantageous, the travel and
produce which seek the ship, to become tri
butary to her own wealth, prosperity and
greatness. Looking to this, ns the light to
guide her general policy, she should like
wise, ns the proximate motive of action, keep
in view the development of her natural re
sources, and the advancement of the people,
in nil the elements of the highest and beat
civilization. Hence, the paramount necessi
ty of well defined and well regulated system ,
in our scheme of Internal Improvements.—
It does not follow, that a charter for a rail
road must be grunted, as a matter of course
when asked. An enlightened legislature
comprehending fully the system, its design,
and what is best calculated te advance the
general welfare, will inquire whether the
charter asked, is in harmony with that sys
tem, what will be the bearing of its connex
ions without the State, what its effect in de
veloping our resources, and what its rela
tion to other works under which large inter
ests have become, or are likely to become,
involved and vested ? The system in Geor
gia. though iu its infancy, is yt sufficiently
advanced to indicate the ultimate shape
which it is likely to assume. On her eas
tern border she has three points, which have
formed and are seeking to form connexions
with the various sections, internal and ex
ternal, whose productions will foster their
growth and prosperity. These points are
Augusta, Savannah and Brunswick. The
two former are connected by Roads comple
ted, with Tennessee and Alabama; and the
latter possessing a harbor, unsurpassed by
any on the Atlantic coasts, south of the
Chesapeake and flanked by an extensive ter
ritory, covered by the best pine field in the
world, aud of wonderful agricultural fertil
ity, seeks connection with the vast region
that skirts the Gulf of Mexico. In a word,
th ese three cities form the basis of our sys
tem, and the lines through the State which
connect or propose to connect them, with her
own great divisions, and exhaustless feeders
without, constitute its frame-work or skele
ton. Its symmetrica 1 completion should
both define and limit the policy of Legisla
tive action. It will be most speedily accom
plished by private capital aided by the loan
of State credit. Such charters, and such on
ly, as may be required for necessary inter
mediate connections and facilities, should
be granted, to fill out the system ; and these
should be constructed by unaided private
capital. But to complete the skeleton of the
system, so as to extend an arm into each of
the grand geographical sections or divisions
of the Statu, she may, with propriety and
wisdom, lend her credit, under securities
and gurantces, which will place her beyond
the contingeucy of ultimate liability and
loss. To that extent the Legislature may
go ; but to that extent only should it go, and
with well considered caution and well guar
ded prudence.
The direct appropriation of money or sub
scription for stock, by the State, to aid in
the constuetiou of rail roads, is considered [
to be unwise and inexpedient Its tendtney
is to emasculate private enterprise, by re- ,
moving the necessity of self reliance. It;
will complicate the State with individual in- j
tcrests, which experience teaches to be dan- i
gerous to the public welfare. It will in- I
crease the State debt, and consequently ere- ]
ate a necessity for burdensome taxation, j
The construction of the Western & Atlantic
Kail Road, by the State, is regarded, both ns
a precedent and an argument in favor of di
rect appropriations, in aid of internal iui
provemenUs. Rut it ceases to be forcible, in
either point of view, when we consider the
circumstances which prompted thatmagniti
cent project. At that time, there was not a
rail road in Georgia. Private capital re
fused to be thus invested, because experi
nunt had shown either the practicability
or profitableness of such works. Resides,the
region which it penetrates, though abound
ing in agriculture and mineral fertility
is mountainous and difficult of access It
was socially and physically severed from
the lower region ot the State and advan
tageous markets for the products of its in
dustry. On the one hand, rail road enter
prise needed the stimulus of example; and
on the other, the North West was incapable
of devolopmcnt by private capital. Hence,
tho State embarked in the enterprise ; and if
no other advantage shall ever be realized.the
enhanced value of t he lands of Cherkee Geor
gia amply remunerates the State for the out
lay, and vindicates the farsighted wisdom of
its projectors. The justification of tho State
was the necessity of the ease; hut where tlie
necessity does not exist the reason for the
policy does not obtain.
But viewed in anothor light, the building
of the Western & Atlantic Rail Road by the
State doe* furnish a sound reason why oth
er scctious may ask, witli propriety, her fos
tering aid, iu the form of a loan of her cred
it. That work cost not less than ftfi.OOO,-
000. Tho region through which it runs
was then very sparsely populated and con
sequently contributed a comparatively small
portion of the expenses of its construction.
Middle and Southern Georgia bore the tax;
TWO DO LEAKS A-YEAR, IN ADVANCE.
they bore it generously and patrotically.
It is therefore, not arrogant nor unreason a
ble to ask, in return, such aid from the
State, as develope other sections and bring
them within roach of advantageous markets
The request would come with the force of an
appeal to the magnanimity of those, who
are the special beneficiaries of tliis large
State beneficience, to practice the spirit
of enlightened reciprocation. There are
those, whose patriotism and intelligence are
entitled to great respect., who earnestly advo
cate the policy of the State aiding works of
internal improvement, by issuing her Bonds
for a sufficient amount, per mile, to pur
chase the rails, to all Rail Road companies
which shall have completed the guiding &e.
of their respective Roads, and made them
ready for laying the superstructure. But
I regard it wild and hazardous, and the
adoption of such a measures, as the worst
calamity that could be infl.cted upou the
State If there could possibly be any necessi
ties which would justify it, they certainly
do not exist in Georgia. Rail road enterprise,
with us, does not need stimulation but ratli
]er wholesome and judicious direction. Such
i a system ns that, however, would multiply
! those works—or attempts to construct them.
—indefinitely; and the s<quel would ben
crushing State debt, impaired State credit,
1 ruinous depreciation of State stocks, and
general paralysis, in all the departments of
business and labor. States, like individuals,
] will retard their progress, if they endeavor
to advance too rapidly. A system of inter
nal improvements should be rather a growth,
developed and gradually matured by the
action of the laws of social and commercial
progress, than the artificial result of rest
less, impatient, and ill-guided, but well
uieant legislation. Let us shun both Scylla
and Charibdis, and move cautiously through
the strait between the two extremes.
The various banks of the State have
promptly made their reports, from time to
time, under Executive proclamation, issued
in obedience to the law regulating that sub
ject. By the exhibits made, those institu
tions seem to bo sound and healthy. Still,
the Legislature cannot be too vigilant, in
their examinations, or too stringent, in re
straining them within the limits of their re
spective charters. New charters should be
granted wiuh caution, and only at points,
where the interests of trade require uu in
crease of banking capital and facilities.—
Created in reference to such demand, they
are public conveniences; otherwise they are
mere brokerages and shaving shops, and be
ing compelled to realize their profits by other
means than the appropriate business of bank
ing, they become engines of ruthless oppres
sion and lawless usury—grinding the faces
of the necessitous and waging a guerilla
warfare upon the safer and better institu
tions of the State. The practice seems to
have obtained, of late, with some banks, of
sending their issues to distant States, not
seeking nor desiring a home circulation. As
yet, it is not known, that material injury
has resulted, but that it is violative of the
correct principle of banking, is not to be
doubted. It ts equally certain, that their
ultimate failure will bring reproach and d.s
honor upon the State. Hence, it would be
well for the Legislature to investigate the
extent, character aud policy of these distant
operations. Are they not hazardous to the
financial welfare of the Stute ? Are they
not inconsistent with correct banking prin
ciples ? Are they not against the reason nnd ■
spirit which prompted the Legislature to
charter them } Is it not bad policy, for the
General Assembly of Georgia, virtually to
establish bnuks for other States, although 1
nominally located within our limits? These
are grave questions lam not prepared to j
say, what ought to be the effect, if investi
gation should furnish an affirmative answer
to them. That it would disclose a fearful
evil is certain ; hut whether it is within the l
reach of legislative remedy, consistent with
chartered franchises can only be determin
ed by the facts developed. If such disclo
sures should amount to a ft aud upon the
intention of the Legislature, in granting the
charter, or show a misuser of the charters,!
by their perversion to purposes, not contem
plated by their creation, the remedy is plain, j
The whole subject is respectfully submitted,
and if nothing more valuable result from
its discussion, it will, at least, inculcate the
salutary lesson, that hereafter they shall be
granted upon such terms aud restrictions us
will prevent the evil.
In compliance with a resolution of the last
Legislature, 1 appointed L E Bleckley,
Esq , Solicitor General ot the Coweta Circuit,
to enquire into and report, the circumstan
ces attending the organization of the Atlanta
bauk, and also its mode and places of tran
sacting business. Ho performed the duty
with ability and neatness It was a labori
ous service, not necessarily appertaining to
his office, and therefore, it is but justice,
that the Legislature should make an appro
pr.ation for his liberal compensation. In
examining the report, 1 did not deem the ir
regularities, in the organization of the bank,
or the place and mode of its transactions, to
be of such a character as to work a forfeit
ure of charter, and therefore, I have not
caused judicial proceedings to bo instituted
for that purpose. It is, however, herewith
submitted, that you may take such action
in the premises as you may deem proper and
expedient.
In obedience to Executive order, to tarn
over the assets, of every description, of the
Central bank, either in his hands or those
of attorneys or agents to two or tnoro suita
ble attorneys or agents, the Treasurer, on
tho 15th of July, 1854, entrusted the same
to Win L Mitchell, Esq., nnd James N. Bo
thune, Esq., with full power to collect., eom-
USTO. 40.
[ promise or dispose of upon an agreement,
| that they should retain one half of the a
i mounts realised, as compensation for their
| services. These assets were in great confu-
I sion, consisting of notes, bills of exchange,
returned as insolvent., attorneys receipts and
fi. fas., endorsed <* nulla bona,” scattered
j over the entiro extent of the State. The og
, gregate amount was $312,650.63. As yet,
but little lias been collected, and it is quite
certain, that the ultimate loss, on tliis score,
mast be very large. The indebtedness of
the bauk, exclusive of her outstanding bonds
iis about $36,1-10 GO. It is hoped, that suffi
i cient may be realized from these assets, to
: pay this liability, but the hope is not found
ed upon such data ns to make it confident.
From the known energy of the gentlemen
, entrusted with them, all that can, will be
accomplished. For accurate information, os
to the amount, thus far, collected, you are
respectfully referred to the report of tho
i Treasurer.
The commission to settle the claims of the
creditors of the Darien bauk upon the State,
, under an act of the last General Assembly,
approved February 14th, 1854, performed
the duty assigned them. The Hon. Eli H.
Baxter, not accepting, Win. L. Mitchell,
Esq., was appointed in his stead. The Hon.
Walter T. Colquitt and Richard 11, Clark,
Esq , ware appointed as attorneys to repre
sent the State before the commissioners.—
Karly however, in the progress of the inves
tigations, the former departed this life,
whereby the labor and responsibility were
devolved upon the latter. It is but a trib
ute of justice to bear testimony to the signal
ability and success, with which he perform
ed the duty assigned him. By his diligence,
; industry aud legal research, he doubtless
I saved the State many thousand dollars. The
] award of the commissioners was appealed to
| from the Superior court of Baldwin county,
and thence, the questions of law were car
ried. by writ of error, to the Supreme court.
; The ultimate liability of the State, includ
ing compensation to the commissioners, coun
sel fees and court costs, was only $48,500.00.
By authority of the act under which the
proceedings were had, this amount was paid,
with the proceeds of State bonds, sold at par,
dated July Ist, 1555, and payable ten years
after date, at the city of Savannah.
Tho publication aud distribution of the
laws and journals of the last Legislature
were not accomplished until a year after the
time required by the law regulating the
duty of the public printer. This affords the
second, of two successive instances, showing
the absolute necessity of requiring this work
to be performed at the seat of Government.
The act of the 16th of February, 1854, clothes
the Executive with enlarged power over the
subject, and, under proper circumstances, it
might be exercised with advantage. But
there were considerations connected with the
delinquency of the late public printer which
induced forbearance. Under that act, if the
delay, in the delivery of the laws and jour
nals, go beyond six months, the Executive is
authorized to remove him from office and
appoint a successor. Ere the expiration of
six months, however, the public printer had
the misfortune to lose, by fire, almost the
entire edition of the House journal. Soon
after that, the city of Savannah was visited
by the yellow fever, and he fell an early
victim, leaving the work unfinished and the
office vacant. Messrs. Boughton, Nisbet &
Barnes, of the Federal Union press, were
appointed to reproduce the requisite number
of copies of the burnt journal, and they ex
ecuted the work with great fidelity and dis
patch However sad the reasons for the
delay in this instance, and however far they
may go to remove the censure which the
public mind, under other circumstances,
would visit upon the delinquent, it does not
weaken tho reason for requiring the work to
be done hereafter at the seat of Government.
There is still another and unanswerable
argument in support of such requisition
The 9th sectiou of the act, referred to, very
properly, requires the Compiler to read the
proofs of the laws nnd carefully compare
thorn with the enrolled Acts. Those net*
cannot be removed, with propriety, from li'.e
in the office of Secretary of State, llenco,
the exceeding inconvenience, almost imprac
ticability, of thus reading and comparing
the proofs. I therefore, earnestly recom
mend, that, who ever may be tho public
printer, or wheresoever resident, lie shall
be required, by law and tho term* of his
bond, to execute the work in thecity of Mil
ledgevillc. It will secure dispatch, accuracy
nnd fidelity.
A large amount of the expense of this
branch ol the public service may bo saved,
without detriment. Tho law requires the
publication of 4,000 copies of the journals of
each House; whereas, 2.0(H) copies of each
would be a most ample supply. It is well
known, that the journals, in mest cases, are
deposited with the clerks of the courts of tho
several counties and are piled away unap
propriated to mould or rot or wa.'-te. It also
requires 5.000 copies of the laws, whereas
2 500 would be sufficient. Why continue tho
useless expense of so many copies of the laws
and journals? Under this head, there may
boa still further reduction of the expense,
by printing the journals in smaller type
By tho change, iu these two respects, several
thousand dollars may be saved to the Treas
ury, without any detriment to tho public
interest. I therefore recommend tho publi
cation of 2.000 instead of 4,000 copies of each
of the journals, and 2,500, instead of 5,000
copies of the laws—the journals in Loug
Primer, instead of Small Pica type. Tho
marginal notes to tho laws are almost use
less; they may well be dispensed with, and
thus save another very considerable item of
expense.