Newspaper Page Text
F Augusta, (Ea.
Thursday niuruhig Nev. 8, 1849.
’ JAMES iH. SIiVTUE. Editor and Publisher.
ANDREW H. H. DAWSON, Assistant Editor.
ILTTIie Office of the Republic
hat been removed to the Brick
Building; first door below the
Kagle and Phoenix Hotel.
ST Mr. Win. Ulagget being no longer the
Agent of the Republic, we respectfully req ties
our subscribers and advertising friends, wh>
have waited to be called upon by Agents, U
transmit amounts due us by rnnil.
XTThere were 27 deaths in Charleston du
ring the last week—l 2 by strangers fever, ant
all adults.
EFAdvertisetneitts omitted Uiis morning
will be attended to in our next.
UTWe give up our reading columns to-day
almost exchteieely to the Governor’s Message,
the Foreign News, and our Editorial Corres
pondence.
[Editorial Correspondence.]
Milledgeville, Nov. 5.
Doubtless there are more names before the
Legislature for office, that was omitted in the
list furnished you yesterday, than that list con
tained. We trust that no gent'emau who is
a candidate fbr any of those offices, whose
name was omitted, will attribute to us any de
sign whatever against him. Nearly all of
them are utter strangars to us, and we gave
every name that, at the time we wrote, we
could obtain.
Among the topics on the tapis, full of in
terest, the approaching election of Judge for
the Supreme Bench ranks first. Extraordi
naryexertions will be made to defeat the re
election of the learned and able gentleman who
has adorned thdt post of honor and responsi
bility, for four years, with such signal satisfac
tion to the public, and credit, alike to himself,
-the profession, that court, and the country.
With his Honor Judge Warner wo have but
a slight personal acquaintance, and we do not
propose to advocate his re-election upon any
grounds that could entitle ns to his especial fa
vor. Change positions, and we would deplore
liia election ns a public calamity,—one that
would promise nothing and threaten much.
We would urge his re-election, however, upon
far higher considerations than prominent
merits in him, or any contrast that may exist,
in his favor, between him and any other can
didate. The ground we take looks over the
approbation of any man, to the peace of society,
to the permanency and prosperity of the law,
to the popularity and utility of the Supreme
Court, and to the weal of the people over whose
SBcrGil rights it sets in final judgment — afid it
is simply this, wo hold that the trite maxim,
«It were better the Jaw were settled wrong
than not settled at all,” is a good one—and
that every change that takes place on the
Bench of the Supreme Court must have a
fatal proclivity to unsettle the law.
The design of the Supreme Court was to
settle the law, and rid the land of litigation.
perpetually changing its Judges, to gra-
the ambition of this man, and the whim of
F that, and the result must inevitably be, that,
instead of settling, you will unsettle the law;
Bknd that, instead of preventing the multiplica- '
aims, tho courts uJI be flooded with
■ •» " s
■ then, a sorely troubled client,
receive, from the lions of the Bar will be
■"Yesterday, the Supremo Court held (he law
tto be thiis and so—to-morrow, that Court willl
Mfot be composed of the same elements, and
its decision will be upon the same facts,
or rather principles, no mortal man can tell.”
Old wars then must be fought over; the pains
and penalties of anxiety endured for another
season, discontent must ensue, opposition to
the institution of a Court of Errors will spring
up, and tho people will rise in the majesty of
their might and crush its life out. Dema
gogues will frequent the hustings, and genius '
will be prostituted to misrepresent and abuse I
that noble bulwark of public justice—Ridicule
will hurl many a malignant missile at its vul
nerable heel—Shadows will be magnified into
■pectres—garbled reports of its decisions will
he corruptly palmed upon the unsuspecting
and uninformed. It will take no convulsion
of heaven and earth to dispatch such an insti
tution in our State, and ils real friends ought
to guard it with a sleepless vigilance.
Suppose a new Judge is elected—upon what
ground will his election be placed ?—Superior
qualifications of course. Any other explana-1
tion, of such a result would grossly insult the
men that did it, and I trust slander them too.
Then every decision made by the Supreme
Court, in which Judge Warner ahd only one of
the Judges concurred, is no longer with any
probable degree of certainty, the law of the
lamb His successor will not follow in his
he’ll not prove himself supe
rior to Judge Warner (perhaps) and that was
the only ground upon which he was elected. If
he maintains Judge Warner’s decisions, and
holds them all to be the law, such a conclusion
will be a bil(er commentary upon the removal
of Judge Warner. We want the people of
Georgia to know what their rights are, after
they have been bled in the parse to invoke
the learning of the Bar, lhe judgment of the
highest tribunal in tho land, and we seriously
apprehend if they are tampered with much by
continual changes thry'll take occasion to
speak, and that too to the purpose. There ia
another important reason why Judge Warner
should sit where he is—he has been there for
four years. Judge* ere not, like spiteful crit
ics, “ready made.” Il take* experience, prac
tice, labor and time to make a Judge. It
quires “ the lucubrations sf twenty years” ,o
make a Lawyer. A Judge must be a profound
Lawyer or he will be a weak Judge.
There are many other important offices to
bo filled. With them wo have nothing to do.
The man that is elected to fill many of them
■will be a lucky wight. For it matters |
not what office it is gentlemen of at least equal
ability will have to be defeated by his ejection;
and we do not conceive that the interest of the
country is involved to one tenth of the extent
in any of these elections, it is in the election for
Judgeof the Supreme Court. Against the ta
lented, affirblejopponenta of Judge Warner, we
have nothing to say. They, for aught we know,
may be superior men, even to him. That is a ,
question we hold, however, too niceand'Miffi
cult, to settle with certainty, and, even if we
knew they were, we would oppose their elec
tion to the last, on the ground that the prece
dent would be a dangerous one to give those
who come after us, and would have a direct
tendency to curse the Bench with the leprosy
of polities. »*•*.
[Editorial Correspondence.]
Milled OEVtcLR. Nov. <l.
Dr. Geo. D. Phillips, of Habersham, was
hoallad to the Chair, in the House, about 10,
Lk, M A her the reading of the certificates of
Wr i? l i V •it liiiiiTDi ift
Jj 1j A. Jj 1. •'.-■•* ISlii' LlJji
„....- - „ - -
BY JAMES M. SMYTHE, Mm. J JoUtttal, bCVOtci) to N'tlUS, jJolttltS,
iWlfc fitaaturt, ®eneral Jutelliaenu, &r.
ANDREW H. H. DAWSON, • - - ASSISTANT EDITOR. S -
* ——— RATES OF ADVERTISING. sertion, and ten cents for each subsequent inser-
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s monte. low ratei may be somewhat reduced.
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T ■ Weekly, per anwam in advance $4 0(1 “* ■ - a® cents lor each subsequent insertion. [CPostage must be pa-don all coinntuuica-
Or $5.00 if act paid within two months. x; I— ls six lines, or less, twenty ets. fcr the firet in- tious and letters of business.
VOLLA££ 11.
election, the usual oath was administered to
the members elect, in a very impressive man
ner, by his Honor Judge Floyd. The election
for Speaker then came on, and the vote stood :
Ist ballot. 2J. 3rd. 4th.
Jenkins, 61 61 61 59
Anderson, 36 48 58 66
Jones, 16 *lO * 2 ’
Lawton, 11 6 4
Blank, 4 3 4
Whereupon the Chair announced to the
House that Col. Anderson, of Chatham, was
duly elected. The Hon. C. J. Jenkins then
moved that a committee bo appointed to inform
Col. Anderson of the result, and conduct him
to the Speaker’s chair. Messrs. Jenkins,
Jones, and Walford were appointed, and im
mediately discharged their duty. Col. Auder
son, upon taking his seat, addressed the House
with a few brief, pertinent and very happy re
marks. He seems to be a very dignified gen
tleman, endowed with a more than ordinary
mind, and no doubt will discharge the respon
sible duties of his high offi :e with good faith
and deciJed ability. We are gratified, tlial,
since our beau-ideal of a Speaker could not
preside over that assembly this winter, they
have called to that chair a gentleman who re
flects so much credit upon the body that elect
ed him.
The House adjourned at 12, M, to meet at
3, P. M., and at that hour met,and proceeded
to elect their Clerk.
First Ballot —Harrison, 66; Battle, 11;
Crook, 30; DeGraffenried, 15; Powers, 4;
Campbell, 2; Johnson, I.
This settled the election in favor of Mr.
Harrison, of Stewart county. This result
came upon the democratic party like a peal of
thunder from a cloudless sky, and the exulta
tion of a few rather impulsive young whigs
over the victory, settled another thing, to wit:
that no other whig would get an office. There
are thirty-two candidates fbr Door Keeper, and
no election has yet been had.
I« the Senate, Mr. Wafford was elected, on
the first ballot, President; Mr. Glenn,of Grif
fin, Secretary, on the sth fiallpt; AV. L. Ro
gers. of Telfair, was elected Messenger, and
A. 1). Mitchell, Door Keeper, of the Senate.
That body adjourned about 4 o’clock, P- M.
It has been remarked by the oldest citizens
of Milledgeville that they nover saw the city,
,so crowded upon such an occasion before.
Huson told us last night that he
boarders in his house, and had turned
a hundred and fifty. Deme crowds have been
congregated, for three days, in front of Hu
son's Hotel and also the Harry Clay House.
Milledgeville is sl-ye with beauty, and no
doubt on next Wednesday night it will shine.
»♦»»,
Arrival' of the Hibernia.
New York, Nov. 6, 10 A. M.
The English papers have come to hand.
The London Times makes the sales of the
week ending 19th Oct. 131,570 bales On
I the 19th, the cotton market closed with sales
I of only about 700 bales.
Dates from Paris to the 10th Oet. state that
; during a debate in the French Assembly on
! the Roman question, an altercation took place
i between M. Thiers and M. Bixio, the latter
! charging the former with saying that Napo
leon’s election would disgrace franco. A duel
immediately ensued, but neither were hurt.
The Havre Cotton market was greatly ex
cited, and the sales of the week reached
' 20,000 bales at nine francs advance?
i Arrival or ths Steamer Washington
' The steamer Washington arrival at New York
lon the 6th inst., with a heavy cargo. She
i brings one day’s latter advices.
She also brings 150 passengers, among
[ whom arc Mr. Rush, our later Minirter to
to Franco, and Bishop Southgate.
The Havre Cotton market was very active
and advancing,
I The Turks were preparing for war.
Sevoral of tho first nobles of Hungary have
been executed.
New York, Nov. 5.
Cotton —The Market to-day is firm with
sales of 3000 bales. Fair Uplands quoted a*
lift, Orleans 12£.
Jimmy O’Neil, who was, during the admin
istration of General Jackson, doorkeeper of
the President’s House, was buried a few
mornings ago. When Jackson left the city, in
1837, ho look O'Neil to Tei>iM>seee wall fom,
and, it is said, gave him a piece of property,
as a substaniial token of regard. After the
old hero died. Cave Johnson, the Postmaster
General,made him a messenger in the Depart
ment, from which station, wo believe, he was
removed two or three months ago by Mr. Col
lamer. Visitors at Washington in other days
will recollect his uniform politeness. He was
a native ot Ireland, and possessed a warm and
generous heart. Many anecdotes were once
I Fold of the deceased. On one occasion, having
attended a party of convivial friends it was
said that Im drank a little too much, and this
became known to General Jackson, who was
! fond of cracking a joke with him. The Gen
■ end sent for him and remarked, “ Jemmy, I’ve
heard a bad story about you.” ” About me,
, sir ? ” he inquired ; and smiling continued,
« And I have heard a good many bad stories
about your Excellency; but I don't believe
them.” The General informed him that he
could depart and attend to [his business. —
[Baltimore Clipper’s Correspondence.
Commercial intelligence.
Ofnci of the Republic, )
November 9, 1849. $
At'GI'STA MARKET.
On Tuesday morning the accounts being at
hand of a considerable rise in Liverpool, allho’ the
market was quoted duller on the last day, quite
an excitement was created in our market —
and above 1000 bales were sold at from J to |
advance, but late in lbs evening the demand fell
off and the prices of the mooting could not be ob
tained ; yesterday the market was very quiet, and
the bushiest very limited. Buyers are awaiting
the frill accounts ere they operate to any extent.
FREIGHTS.—Our river has fallen consider
ably and the boats cannot carry off but very light
le«J».
GOVERNOR’S MESSAGE.
EXECUTIVE DEPARTMENT, )
Milledgeville, Nov. 6, 1849. $
Fellow-citizens of the Senate,
and of the House of Representatives:
Ah the Representatives of tho people, you have
convened to perform impo taut public duties.
The simple machji&ry of our form of Govern
ment, by the operation of which this responsible
trust is confided, is not to be appreciated more for
the power and confidence conferred upon you,
than for the quiet and almost imperceptible pro
cess .by which, without commotion, those who
lately occupied the places you now fill, have been
disrobed of authority.
In your deliberations as to the best means of
directing aright the destiny of our growing State,
of developing its resources, and elevating its char
acter, you will not be unmindful that “ wisdom,
justice, and moderation’* should be your guides
and the mark of your highest ambition
The operations of the Government since the
adjournment of the last General Assembly, it is
made my duty to lay before you. In detailing
the transactions of a period of two years, it will
not be remarkable if I should fail to impart to you
the interest felt by myself in some of the many
subjects that wilt he submitted ta your considera
tion ; or if, in the attempt to do so, I should be ad
judged as trespassing upon the limits prescribed
by good taste for communications of this charac-
It will be seen by reference to the last message
of my predecessor, that the public debt at that
time wa* $ 1 >579,875 60. (This sum exceeded
the true amount, as has since been ascertained.
$1,000.) At the session of 1847, $375,000 00
were appropriated for the completion of the
Western and Atlantic Rail Road, and $22,222 22
for the payment of the claim of. Peter Trezevant
—making the entire public debt and the liabilities
incurred by the acts of 1847, $1,976,097 82 on
the first day of January, 1848.
The Bonds directed to be issued for the com
pletion of the Western and Atlantic Rail Road,
and for the payment of the claim of Peter Treze
vant, were prepared with as little delay as possi
ble ; the former were placed in the hands of the
Chief Engineer, from time to time, to be applied
to the construction of the railway from Dalton to
Chattanooga, and the latter paid over to the
Agent of Trezevant in discharge of his claim
against the State. In addition to the Bouds re
ferred to, before the close of the last session of the
General Assembly, it was found necessary to
make provision for the discharge of sundry obli
gations, entered into by Gov. Crawford and the
late Ghipf Engineer of the Western and Atlantic
Rail Road, (Mr, Garp.ett,) with certain Banks
and individuals, secured by the hypothecation of
the State six per cent. Bonds, amounting to the
aggregate sum of $183,500 00. This class of
bonds was made to draw interest at the rate of 7
per cent ppr gnnnm. From the neat style in
which they were gotten up, tfia facilities extended
to the holders in collecting the; interest, as it fulls
dne, at convenient commercial points, an addi
tional yalue was imparted to these securities, that
enabled me to efiput a_ satisfactory arrangement
iPPKWcated* and
also to redeem the obligations of the late Govern
or and Chief Engineer, although, tn a few in
stances, past dite.
In this arrangement, it is grati
fying to state, tnatlio bnrden was im
posed upon the Treasury, except the smali ex
pense incurred in preparing the bonds, conduct
ing the negotiations, and the difference between
tho rate es interest of the bonds hypothecated and
the issue substituted under ifie act of 1847. Un
der an act, passed at the last session, far the re
lief of the Central Bank, bonds to the amount of
$225,000 tyero issued in 1848, and $237,000 in
the present year, to ipeot }hp Accruing liabilities
falling due in th# same ppriod.
At the ?lose of the fiscal year 1847, the bonded
debt of the Bank was $500,452 80—it is now
reported to me, by the Cashier, to be $447,000.
The $500,452 80 wore drawing 8 per cent, in
terest, tho present amount 7 per cent. By the
sale of the bonds issued ip and 1849, there
has been a saying to the Bank qn the interest ac
count of about $6,870. This has been effected
without the slightest shock to the credit of the
Bank, or the least encroachment upon private
rights. A registry of all the bonds issued under
the authority of the different acts passed in 1847,
1)a,9 been carefully kept in this Department,
which shpwti the number, date, when and where
redeemable, the rate qf aqd when paya
ble, and every material fact descriptive Os the
bonds and the coupons thereto attached.
Measures were taken, at an early day, to en
gage the services of a reliable House in London,
to whom remittances could be made to meet the
iqtpreft, as it falls due, on the foreign debt, which
is now reduced to —)he entire balance of
the sterling bonds held by Messrs. Heid, Irving &■
Co. amounted to 15,130/ 65., with interest and
commissions, having been paid early in 1848.
The act of the 22d December, 1843, having pro
vided a hind for the discharge of the Reid, Irving
& Co. debt ouiy, S permanent sinking
fund, the inquiry’ naturally at tne
the last year, as to w hat application shou'd be
made of a balance, which, it was then ascertain
erf, yonld be in the Treasury at the close of the
present year. BUteying it to be my duty not to |
permit a large sum of the public mum?y to remain
in the Treasury, idle and unproductive, and be-’
ing sustained in this view by the Financial Com
mittee appointed at the close of the fiscal year
1848, 1 adopted 0)9 suggestion contained in theii
report, herewith transmitted, and redeemed ot
the bonds issued under tho act if 1547, far die
completion pf the Western and Atlantic Rail
Road, the sum of $75,000.
As a part of the inducement for the aalectjpi)
of these in preference to other securities, I might
mention that a meet advantageous contract had
been made by the Rail Road contractors with the
Coaibrookdale Company, of Great Britain, for the
delivery in Savannah of the iron necasjary to tho
completion es the railway The iron, to the value
of $75,000, under the arrangement, was pledged
to the State, making it her property at a price be
low its market value at that time, as an addition
al security, in any pvent the interest of the
State was abundantly protected, epd by it the
completion of the Road will be accomplished ax
an earlier day than could have been anticipated
without this assistance. The step is also deemed
defensible on the ground, that bonds at 7 per ce it.
interest, amounting to more than six hundred
thousand dollars, for the relief qf the Central
Bank and the redemption of the hypothecate’
bonds a ready referred to, had been thrown upon
the market, were preferred securities by pur
chasers—and consequently expelled the six per
cent Rail Road bonds, or forced th.s holders to
submit to a reduction equivalent to the difference
of interest in the two securities. This inequality
in the value of the bonds, produced by the differ
ent rates of interest, was embarrassing, and
threatened serious delay in the completion of the
Road; it was, however, in jjonia measure, over
come by the policy adopted, and the necessary
funds to prosecute the work of extension, were
obtained.
Serious inconvenience results to the holders of
our State securities issued previous to the year
1848, —from the necessity imposed of having to
present them at the board of the Treasury, for
the coupons te be detached in the presence ot the
Treasurer, before pay merit is had, or to obtain the
signature of that officer on the back of each cou
pon pavable during hie term of office. The sole
object of thia requirement was to prevent frauds
upon the Treasury. If it could be relied on above
all other means for this object, it might be defend
ed with propriety ; but this is not believed to be
the case. It is thought that the plan adopted, in
the issuing of bonds during the last and present
t ears, of having the coupons signed, numbered,
and dated, and a correct register of the same
kept, is the most reliable mode of detecting any
imposition that may be attempted on ths Trea
sury.
AUGUSTA, GEORGIA, TUESDAY MORNING, NCWEMBER 13, 1849.
No good reason is seen why all of our bondhold
ers should not be placed oh the same footing; and
certainly our early creditors are entitled to as
high consideration, and should have as many fa
cilities afforded them for collecting their interest,
as those of a later period. As an additional rea
son, it may well be considered whether the ob
taining of a register of all the bonds issued by the
State, which is not now the case, would not jus
tify the expense and labor of preparing new bonds,
to be substituted in the place of the o!(T ones.
The subject is commended to your favorable con
sideration.
Tiie Reports for the financial year, 1848 and
1849, of the Treasurer and Comptroller General,
are herewith transmitted. By law it is made
the duty of the Treasurer, to submit to the Gen
eral Assembly, estimates of the probable receipts
and expenditures of the Government for the next
two years.
This officer, from the very nature and character
of his duties, is nTade the authoritative medium
bj which you, and the country, are informed, at
the ojjening of each session, of the amount of in
come received from all sources and the actual ex
penditures for the two precedin g years—and the
estimated receipts and expenditures for the two
succeeding years, for your guidance and direction.
My attention, on first entering upon the duties of
the Executive Office, was turned to the Treas
urer’s Report submitted to the Legislature of 1247
and more especially, as the reliability of that
Report was virtually endorsed in the late Gov
ernor’s communication, by adopting it as the basis
of the financial measures recommended by him to
the Legislature far adoption.
By comparing the estimates submitted to the
General Assembly in 1847. of probable receipts
and expenditures for the political years of 1848
and 1849, with actual receipts and expenditures
for the same period, the result will not fail to con
vince you how little reliance is to be placed upon
all estimates of income and expenditure, made
under the present tax act. What is true of the
two last years, will be found to be also true of the
tw’o previous years.
This comparison is not invited with the remotest
view of reflecting upon the capacity or integrity
of the Officers in charge of the Treasury at the
periods referred to ; but my object is higher—it is
to shew first, that the fault is not with the officer
at the head of the Treasury, but with our whole
system for collecting revenue ; and that as long
as it is maintained, results are, and will continue
to be, exposed to great fluctuations ; and. second
ly, to expose the unreliable (feta, upon which, I
lelt it to be my duty to reject the tax act of the
last session, among other reasons, because of its
apparent insufficiency to raise adequate income
to meet all charges upon the Treasury.
It will be seen that the sum of $67,351,52 was
the total available balance in the Treasury at the
close of the present financial year; from this
sum, are $25,172 21'oi unarawn appropriations,
,$15,199 30 of the tax for the year 1850 collected,
and $9,625 50 dividends on “ Educat on Fund,”
to be deducted, leaving a surplus, at the close of
the fiscal year just ended, of $17,534 51. Oi
the undrawn appropriations, it is probable that
$3,000 will revert to the Treasury—making’the
actual surplus about $20,534 50—
required, if the present
do I feel at liberty to recommend any reduction.
This must depend, in a great measure, upon the
appropriations, ordinary and extraordinary, of the
present session, and the sum that may, finally, be
established by law as an annual sinking fund—a
measure oiat claim your early attention.
The public debt is now, $1,828,472 22. Os
this sum less than $23,000 are payable in Jan
uary 1858, and SIO,OOO in July 1863. The bal
ance of our bonds are payable from 1863 to 1874
—making the entire public debt redeemable in
twenty-five years.
To provide a sinking fund for this object, in
equal annual instalments would require less than
S74,QOU.
If the balance of tfie debt contracted for the
extension of the Western and Atlantic Rail-road,
of $300,000, be deducted in your estimates, you
should then make provision for one million and a
half, in round numbers, and consequently reduce
your sinking fund to $60,000 per annum.
Tiiis axnqimt, at least, should be provided by
law as a permanent annual cinkipg fui d ; and in
addition, it is recommended, that authority be
given to apply to the same object any surplus that
may be in the Treasury at the close of each fiscal
year.
By the adoption of the policy suggested, the
public debt can be fully discharged at or before
the respective periods, at which our bonds fall due,
by a process Certain to rystaiu the par value of
our securities, and by imposing upon the people
a burden so light rs to produce no derangement
in business transactions or discontent in the public
mind.
In the foregoing statement, no estimate is made
for the ultimate liability of the State on account
of the G'eutral jinnk—whiph, tliough not yet as
certained, it is believed will not fall short of
§200,000 —and for the payment of this amount,
when it becomes due, provision should now be
made.
Among the interesting subjects that will claim
your attention during tfie preaput session, is the
adoption of a system of finance, equal ill its bur
dens upon all interests, and, at the same time,
adequate to the wants of the State. I entertain
the opinion that the true policy of the State in
raising rqwnue from its citizens, is never to de
mand more than its necessities require, on the
one hand, or fail in exacting an adequate sum for
that purpose, on the other. It has long been a
source of regret and surprise, that a system of
finance, accomplishing this object, has never been
adopted. Jn reviewing our legislation or, the
subject, it will not fail to occur to you. that inter
esting as it is, and involving, as it does, the es
sential principles qf good fai h in every monetary
transacti'-n by the Government, as well as tho
most delicate of all relations between the repre
sentative and constituent, it has shared most spa
ringly of the care and deliberation of those to
whom thp subject has been heretofore committed.
Since the year lfeff4, but little has been done in
the way of improvement to the system then
adopted. Did this proceed from the conviction
resting upon the public mind, that the system
then adopted was just and equal, or that it was *
reUmdefiir iu certainly in bringing an adequate
supply to the Treasury I Or did it originate from
the want of moral firmness, or mdusu y to inves- ,
tigate, expose, and reform a system, wrong in it- ,
self, because of some imaginary dread of the con- .
iiifuent? If the latter, be assured that the rep
rjsentatiyo has nothing tc fear fpom his constitu
ents, if his measures are just and equal to all.
The People are honest; they are just, and ex- i
pect of you the adoption of measures in strict uni- I
sop with those noble principles which will ever I
I receive their cordial greeting.
Whatever, therefore, may be the wants of the j
State, created by proper legislation, having due
regard to economy, every right-minded man will I
I cheerfully contribute his quota. Place your tax
act upon the plain principles of equality of bur
dens and equality of benefits, and the people will
sustain you. Viewing as an evil of no ordinary
I magnitude the present system of specific taxation,
with odious discriminations in reference to pro
■ perty and persons, I feel it to fie an imperative
duly, moat respectfully but earnestly, to urge
upon you its repeal, and the adoption of an ad
valorem tax.
In offering some of the reasens that should in
duce the change. I w ould uot be understood as re
garding slightly others that will readily suggest
themselves to you as worthy of consideration, —
i much less will the limit I hare prescribed for my
self, permit me to say all I could desire on this
1 important question ; much is, therefore, confided
to the calm deliberation and pi tient investigation
of the representatives chosen by the People, in
guarding and protecting their interests in respect
to this as well as other subjects. Two considera
tions, in the adoption of a system of finance,
I should be kept prominently in view : first, the cer
* faintv of obtaining the requisite amount to most
I all the exigencies of Gdromncntand no more,—
i and aecoatliy, so to eqnaliz<*aud xiiscriminate, if
I you pleasd, between the different objects of taxa
tion as to make the available nr productive pro
perty o)jhe State bear its cqifl and just propor
tion on die. burdens of Governmont.
Upon 014 first branch of the subject, it may be
safely »mmed that th- income from taxes, under
the pretpilsystem, caunuMbe estimated with cer-
is ftyfly shown by re-g
ference of income received untTe-jJ
the-preseut tax act for the last several years. Al
though the amount received has increase I annu
ally, it is ippardnt that causes, not remote or im
probable in their occurrence, may intervene vary
ing the income to an amount not anticipated, and
bringing i| its train disasters highly prejudicial, if
not abaolitely ruinous to State credit. If your
expenditufesare bused upon any given amount of
income, inder the present mode of levying and
collecting taxes, you must take the hazard of a
redundant treasury, which is grossly unjust to the
People, cc, ifpossible the still more perilous hazard
of failindto provide a sum adequate to meet the
just deminda upon the Treasury. It may be no
difficult patfer to ascertain the amount required
to meet the current expenses-of the State, but
none wtiild have the hardihood to assert what is
to be »h 4 income from specific taxation under the
present *act, or any other based upon the same
principle From the very nature of the proper
ty tisseised, the fluctuations in its value the elas
ticity oi conscience, or change of opinion, as of
ten exhfiited in regard to the qualities of real es
tate, a tegfeeof uncertainty and doubt must ever
attend fixe present mode of raising revenue. The
evil of jhe present system does not stop here, but
is felt bj the State in every business transaction :
we havt a public debt, small it is true compared
with otr abundant resources and the known good
faith of the Slate, yet it is not to be disguised that
capitalists, in seeking investments in State securi
ties, semtinize, with vigilant and searching mi
nuteness. every feature of the financial system
upon which the State throws its securities into
the market; and if uncertainty in providing ade
quate means to meet all demands, is believed to
be even a remote possibility, to that extent at least,
yuur credit is depreciated and the character of
the Stqte thus Inpirionsly affected. If, therefore,
for no ether reason than the remote possibility of
the md tilication all would feel at the depreciation
of State credit, growing out of the state of things
here alluded to, it seems to me timely and wise
measures should be adopted at this Session to put
an end to all such fears.
If it be said that years of experience, undex the
existing system, have demonstrated its adequacy
and reliability, and therefore, no chahge is de
manded, let me remind you that one of the pro
lific sources of income, receipts from lands, which
hitherto so opportunely supplied all deficiencies,
can no longer be relied upon ; that source is ex
hausted, and we are now forced to fall back en
tirely upon taxes, income from bank stock, and
the receipts of the Stale Road—all as which
are involved tn too much debt, perhaps, to form
the basis of reliable estimates. But if the iwlt
income from the Rail Road and Bank Steck,
should swell the amount of our receipts a quarter
3miualiy- n/her sum, if
necessary on I}’ to raise by tax
ation a sum sufficient to supply the deficiency
from other sources.
But the subject remains to be considered in
another aspect; one that must commend itself to
the head and heart of any candid mind. The
present system, it must be admitted, rests upon
no fixed principle cf either speqifip or ad \a!urem
taxation ; it presents the singular enough aspect of
patch work—of a capricious* a n ff
miserable expedient, that may answer its purpose
for the brief period of two years prescribed for its J
duraiion, and then to be ‘thrqw'u aside to give 1
place to something else of like duration, with no j
higher claims to public confidence than that which '
preceded it
But the objection is not confined to the tempo- j
raiy character of our tax laws, or the consequent
necessity of biennial legislation upon the subject,
leaving the public mind agitated and in doubt,
but to the inherent difficulty, if not impossibility,
of establishing a durable and permanent system
of finance upon erroneous and unjust principles
No system of taxation which does not bear
equally upon the property of the wnole people, I
can be just The property of every citiven is i
equally protected by law, and therefore, natural '
justice would seem to demand that it should con- j
tribute equally to the support of Government.— I
The maxim that Equality is Equity, is peculiar- '
ly true iu raising an income for the State ; and I
though a wise discrimiiiatian In some instances in I
favor of specific pioperty, with a view of stimula- j
ting production in which the public at large may i
have an interest equivalent to the surrender of its ;
dae portion of taxes, may be tolerated as an ex- '
ceptioj to the rule to be continued for a season, I
yet these exeptions do not impair the essential,
just and enduring principle of ad valorem taxa- j
tiqq.
Individual or political rights are equal with
the poor and the rich ; iu this respect there can
be no difference ; and, therefore, if a poll taxis
imposed at all, it should be set apart and applied |
to objects of education, in which all have an
equal interest, whateevr their condition may be.
But as regards properly, this equality is not found i
to exist; and us Government is as much bound
to protect and defend lhe citizen’s right of proper
ty, as it is Ids personal or political rights, so in the
same ratio aa the aggregate propertv of one citizen
exceeds that of another, should your system of
finance exact contributions of the one over the
other for the support of Government.
With these principles kept in view, it remains
to be seen whether the present system of specific
taxation falls unequally upon ditlerenl interests,
and therefore unjustly, and whether the ad valo- j
rem system would remedy the evils now supposed .
to exist. In reference to the gross and palpable |
inequality of lhe present tax law, it is so tuiivor- i
sally understood and acknowledged, that it might i
be regarded as a useless waste of time to enter '
rtito any detailed statement on the subject. If I
the objects of taxation be considered in reference to '
Agriqulturs, Cerpmerce, or Manufactures, the i
inequality is striking. *
The classification of lauds operates unjustly.—
Lands of equal value, situated in d.fferent sections i
of the State, and in some instances in the same !
county, are subject tq adifiereut rate of laxaiimt, ■
nor is it believed that any class fixation of real
eslate, can be made that will remedy this defect, t
The same remark is true ot slaves, on all of I j
whom is imposed a specific tax irrespective of ! j
I their true value—making the tax on a slave worth 1 (
one hundred dollars the same as upon one worth \ j
a thousand- Not only docs this inequality exist j
in regard to the agricultural interest, but when it ■
1 is contrasted with the commercial, we are again i 1
| astonished at an inequality as impolitic in piinci- | (
' pie, as unwarrantable in Its discrimination. If i t
i Commerce is injurious to the State, strike at it I ’
i boldly; but if it is essential to the well being of the I t
1 people, conducive to their prosperity and honor- <
able in its aimsand object, abstain from all dis- t
criminations against it. Instances might he mul- ]
i tipbed, more fully demonstrating the inequality of ,
the present system of collecting taxes, but suffi- 1 i
cient has been said, it is hoped, to insure your pa- '
i tient investigation—the result of which I can- •
not permit mvself to doubt. The benefits resttl- :
ting from ihe'substituiion of the advalorem prin- | I
I triple over the specific, would be to invigorate and ! 1
I stimulate every branch of productive industry; to 1
give quiet and confidence to the different interests 1
by equalizing the burdens of Government; to se
cure to your Treasury, at all times and under all I
■ circumstances, adequate means to meet all the ■
I exigencies of the State; to diminish the taxes bv I
■ raising no more money than is needed, relieving i
the poor by throwfog the burden of taxation upon |
i the property of the mors wealthy; placing your j
public credit beyond the reach of false friends or 1
' open enemies: inspL ing the people with confidence j
in the govemmenf.substitutingequal aad just iaws j
i for unequal, unjust and oppressive ones.
I These may be regarded as some of tho happy I
' fruita to be produced by the proposed ehange. 1
Can it be believed that the people, so deeply
j interested in this measure, will not give it their
: warm and cordial support? To think otherwise
would be a reflection upon their intelligence, and
I to doubt their devotion to the best interests of the
State ; such an opinion others may entertain, but
it can receive no countenance from me.
The Reports of the Chief Engiifer of the
Western and Atlantic Rail Road, by
law, for the last two fiscal years witl? the accom
d cumeuts, are herewith
prove a source of la every fi ieixl
Kfinternal improvement, to seethe progress wirh
which this noble work has advanced almost tff
final completion, retarded as it has been, from the
period of its inception to theatre>ent moment, byf
obstacles the most embarrassing. Whatever dif
ference of opinion may have existed in the public
mind, heretofore, in regard to this work, it is now
confidently believed that all sections of the State
are prepared to stand by it, —and, by a liberal
and wise policy, to extend that fostering care,
which, in the end, will abundantly reward them
for the heavy expenditure of their money in its
construction and equipment.
The certainty of an early completion of this
Road, is no longer problematical. Thiv opinion
is formed, not merely from the. annual report of
that able and efficient officer, the Chief Engineer,
but trom a recent communication received from
him, containing the gratifying intelligence, that
by extraordinary and almost unparalleled efforts
the faithful and skilful contractors succeeded on
the 31st ultimo, in pushing the heading flf the
tunnel entirely through the mountain. ' lifc ac
hievement, being the first of the kind in the South
will stand as a monument of Georgia enteiprise.
The mountains have j iclded io our industry and
perseverance, and the chief obstue'e to the ac
complishment of this great work, is now over
come.
Before your adjournment, the completion of
the Road may be looked to with infallib e certain
ty. The entire grading is finished, the truck laid
within seven miles, or less, of Chattannooga, and
the two remaining unfinished bridges so far ad
vanced, as to cause but a few’ days’ delay in lay
ing the rail-
This work being finished, the duty will devolve
upon you of enacting such laws, constituting an
organized and authoritative system for it? govern
ment, wlrch this new state of things may, in
your judgment, require. Heretofore, it has been
the policy of Georgia, to make the Executive the
head and" responsible functionary t» the people,
for the faithful management of your Asylums,
your Penitentiary, and lately your Public Works.
The accumulation of labor, mental and physical,
to say nothing of the responsibility inseparably
incident to the increased duties,may in your esti
mation. deseivo a passing notice. Experience
and observation -have satisfied me that y’our Rail
Road, will be managed with efficiency and im
partiality in proportion as you reduce the num
ber with whom responsibility is to be divided. —
Among the objections to constituting a Board'of
Directors, may be mentioned the want df unity
of action—the total absence of that spirit mov
ing promptness indispensable to effl dency, and
the indolence and inattention, tq public duties
which result from the division of responsibility.
. w safe ««d proper totrqrt »• great
an interest in the hands of uqe man, does not be
come me to way. It is-to be expected that your
attention will be directed toTie subject, with the
hop • that it will undergo a through investigation
and such change he made for its government,
will best abv mce its interests. Connected with
th-» adjustment of a system for the goyerpuiont of
the Western and Atlantic Hail Road, may be con
sidered the propriety trf dvltiiiiug a port! >n of the
convicts, ana placing them at Atlanta, or sqtno
convenient and suitable point pnlhe Rond, for the,
purpose of manufacturing freight' cars, repairin’/
engines, and performing generally such work
as the Road may require.
If this suggestion is followed, provision
should be made by law for the construction, at
the point selected, of suitable buildings for
workshopsand cells for confinement. W|ule
it is conceded that the adoption ot the scheme
suggested would involve a considerable expen
diture, it is believed, if it be the policy of the
state to work convict labor on its own account,
a more judicious and profitable application of
it puuld opt be made. Having briefly alluded
to some of the considerations deserving your
notice in reference to the government of the
road, there remains to he presented others of
equal, if not gicater, magnitude. It was be
lieved to be a duly to indicate on the first op-
poriuiuty pie-uu'.; | ; o -c'iirf’d just two
years ago, not merely my desire to see the
Rail Road finished to Chattanooga, but that it
bp done without Increasing lhe public burdens,
or oreaiing the necessity for inceased taxa
tion. The act of 1847, appropriating three
hundred and seventy live thousand dollars of
the bonds of the state, for the corppletipn of
the extepslon front Dalton to the terminqs in
Tennessee, contains an express provi-ton that
tiie net income, alter extinguishing all existing
liens on the Rond, which amounted to the sum
of one hundred and thirty thousand dollars,
should be applied to the payment of said dobt,
Believing then, as now, it by leaning the credit
of the siailejn the form of its securities, paya
ble at a future day, the completi -n of the road
could be accomplished, that the increased re
ceipts thereby secured, would not only relieve
the Legislature from the necessityof providing
for their payment by taxation, but that an in
come from this source might be relied upon
to aid in the liquidation of the pre-existing
debt, I felt n® hesitation in giving lhe bill my
j sanction. What was belief at that time, has
; assumed the more solid form of fact at this.—
'i'heu, as now, the Hue ot railway was but one
I hundred mile*; the receipts then, as compared
\ with the last two years, ending 30lh ult. shew
an increase of the present over last year of 14
per cent, and 47 per cent, increase over the
I year 1817. This shews the wonderful and
progressive developementH of the resources of
our slate, in two years, by means of the stitnu-
Flus of this Road, acting mainly upon our own
| people. The vallies between the almost inter
i m'mable ledges of mountains to be met with in
i tills section of the Htgie, containing large
tracts of land equal in fertility to any in the
valley oi the Mississippi, have been hitherto
locked out from trade by natural barriers; the
inhabitants, from almost insurmountable diffi
culties in obtaining a market, were deferred
from all effort Ki produce much beyond the re
quirements of domestic consumption; but
now, they are being aroused to action and to
enterprise by the stimulating and magic in
fluence ot accessibility to the markets of the
world. None can anticipate the capacity of
this increasing region for agricultural pro
ducts, to say nothing of its mines and miner
als. ]t this be true—and the reeeipts of our
Rail Road prove it to be so—-what must be
the increased business ot the Road, when the
hardy and industrious citizens of the mountain
region of Tennessee, are aroused by the in
ducement of a Home market at remunerating
prices? Wil! not their efforts be invigorated,
and shall we not see the swelling tide of com
merce rolling down from that region in such
quantities as will bring to our Treasury, solid
and tangible evidence of the wisdom of com
pleting the Road to the Tennessee river?
In this picture, imperfect ns it is of our pre
sent and luture prosperity, let us not be un
mindful that much yet remains to be done to
perfect and equalize, as far as practicable, the
advantages and benefits of a judicious system
I of Internal Improvements, that will meet the
’ wants of every section. To travel on the
I smooth path of prosperity, it is es vast impor
j tance, that we keep steadily in view the sa
-1 cred principles of good faith to all men, and in
NUMBER 46.
all things; therefore, let me, in the most respect
ful manner, recommend that no
j however strong, induce you to permit the net
[ proceeds of the Rail Road to be applied to any
other object, until the hist farthing of the exist
ing liens be fully discharged. When that is
done, we have an ample field for the exer
cise of a powerful element in the advance ment
of jjie social and intellectual condition of <?ur
jouth. By prudent economy and wise fore
cast’, £ r «m this Road, after dis-
charging the jlist charges against it, will furh
•ish a fund by winch a system of common
schools can be extended throughout the State.
Jt will be a proud day for Georgia when bv
l#r public improvements the conviction is
brought home to all, that every section of the
State has been stimulated to its greatest pro
ductive capacity, whether of Agriculture,
Manufactures, or Commerce; and prouder and
more glorious still will that day be, when, by
the wisdom of her measures, she can boast ot
not having an uneducated son or daughter
within her limits. These are the prominent
objects to which your deliberation should be
directed; they are worthy the consideration of
the statesman, and, if accomplished, will com
mand the admiration of posterity.
By an act of the Legislature, approved 22d
December 1843, the Governor was auflmrized
tinder certain restrictions, to dispose of the W.
and A. R. Road. Without questioning the
expediency of the enactment at the time of
its passage it may be safely assumed, that the
uuc interests ot the Slate, as well as the sub
sequent liens created at law upon the Road,
preclude, from the minds of all, the propriety
of a sale upon any terms, and especially such
as are contained in the act. It is therefore
recommended, that the 4th,fi»h, 6lh and 7th
Sections of said act be repealed.
A difference of opinion with many intelli
gent men, as to the true location of the State
Road, very naturally subjected the Corps of
Engineers in charge of this work to strong
suspicion of consulting their own rather than
the public interest; with a view doubtless of
removing as far as possible, all temptation
from the agents of the State engaged in the
prosecution of the work, as early as December
1838, an act was passed, prescribing an ad
ditional oath to he taken by the Superintendent,
Commissioners, Chief and Assistant Engineers
by which these officers are prevented from
purchasing any real estate or interest therein
within three miles of the Road. Whatever
may have been the necessity at that tiii>e for
such restrictions, it will be adtpitted none such
now exists; the is located; the public
cannot be made to yield to private interests;
and the disabilities under which this class of
officers are placed, are not called for hy any I
corresponding good to the public. Restrict j
lions to the full exercise of a citizens equal I
rights should be cautiously, and seldom, if
ever, adopted, and the reason for this provi- I
wion or law having song aince ceased, it js L
recommended that it be repealed. i
' By the Report of i'w; Chief
Engineer, it tvllFbo seeHTliat, from the papers
on file in his office, the right of way for lhe '
(•State Road thropgh about two hundred tracts
of iaiul, has not been obtained. It ia to be re
gretted that curly slops wore not taken to
secure this as it is apparent the delay
has greatly multiplied and increased the diifi
cu'ty of its accomplishment, Os this number,
one hundred and sixty eight are in this Stale,
the balance in Tennessee. Under tiie existing
law, except in cases where the amount of
damage is agreed upon by the Chief Engineer
and claimant, there is no authority, or fund
provided, for its payment; and as a large
majority of the cases are most likely to be ac
commodated by a submission to referees, as
now provided by law, authority should be given
the Chief Engineer to rnako such payments
out of the proceeds of the Road or a specific
sum appropriated from tho Treasury for that
purpose.
From the Report of the Principal Keeper
of the Penitentiary, which will be transmitted,
it will be seen that the balance in favor of
profit, from the 3d Jan- 1848 to the close of
the fiscal year, is stated to be $21,353 59,
This fact is the best evidence of the ability
with which the institution has been managed.
Greqt attention has been paid to strict economy,
and no expenditure of money has been made
not absolutely required. Though it was not
anticipated, I apprehend, in substituting Peni
tentiary punishment for tho pillory and whip
ping-post, that convict labor would prove a
source of income, yet it must be gratifying
to know that under ordinary circumstances
its aflltirs may be conducted so ns to prevent
it from being a charge upon the State. For
the last two years, this has been done, and
the proceeds qf the convict labor, exhibit it is
believed, a greater profit for tho same time,
than at any former period. No appropriation
was made by the last Legislature for the
support of the Penitentiary. This is the first
instance, for many years, when aid from the
Treasury has not been asked for and granted ;
nor will any appropriations be required fbr
the next two years; it is believed a sufficient
sum can be realized from the ass., ts to meet
all exigencies that may arise.
In contrasting the ind. btednese contracted
since January 1848, with thagfor tho 1-ko pe
riod of former years, and the same favorable
result is observed.
Several suggestions are made by the Prin
cipal Keeper, deserving of your consideration.
The mode prescribed by law for keeping the
books, was considered so objectionable, by the
Financial Committee appointed at the close of
the last year, that they recommended a change,
which was adopted, with the hope of present
ing the affairs of the Institution in a less com
plicated form, than could be done tinder the
mode heretofore used.
In adopting the suggestion of the Commit
tee, the mode required by law was not aban
doned : and the Legislature will by compari
son be enabled to adopt the one or the other as
tiiev may deem most advisable. The duties
imposed upon the Book Keepers are onerous,
and experience has shown the necessity for a
Salesman whose duly should be confined to
the selling of manufactured articles, and the
collecting of the debts.
The Penitentiary has doubtless, sustained
heavy losses from the system of credits here
tofore established : it would not be advisable,
perhaps, suddenly to change it; but a period
should be fixed by law, when the discretion,
in this respect should cease, and it ba made the
dutv of the Book-Keeper to put ull outstand
ing debts in a train for collection. It is believ
ed'" the office of Inspector may be abolished,
and its duties performed by the Salesman, up
on requisition made of him by the Principal
Keeper. Much diversity of opinion exists,
and will continue, doubtless, in reference to
the treatment best calculated to produce refor
mation with the inmates of the Penitentiary.
It must be admitted that there is a great diver
sity of character among convicts. With
hardened offenders but little, in the way of re
formation, can be anticipated from imprison
ment ; they go out, in most instances, as they
come in—abandoned in feeling and bankrupt
in moral principle, al enemily with society, and
ever ready to commit lawless outrages upon it,
| under the slightest provocation, or, when en
couraged with the least hope, however delusive
of escaping detection; but there is another
class, differently constituted, possessing keen
sensibility and a quick sense of honor, who,
impelled by strong feelings, and not unfru
quemly by bad advisers, violate the criminal
law ; these, on reaching the inside of the pri
son wall, arc made tho equals of the black
hearted robber, the contempt ible thief, and the
more dangerous character still, who combines
the two with talent, cunning, daring boldness,
and a large amount of hypocrisy, that readily
adapts itself to the lacerated feelings and deep
mortification of the more honorable. TJie ef
fect of such associations is easily foreseen.—
In this point of view, I have no doubt our
whole system is radically wrong; there should
be an entire separation of the different classes
of offenders.
The present system of working all the con
victs together, and placing them in all res
pects upon the same fooling, without any pow
er on the part of the Principal Keeper to dis
criminate, exerts, in my judgment, on many,
and ( specially youngmen, a hurtful influence.
These suggestions are submitted with great
deference to the sound and searching investiga
tion of the Legislature—it will be for you to
detei mine, whetiter the benefits reasonably to
be anticipated from the change, will justify the
grea ly increased expense, that would necessa-
■ lily result from its adoption.
I cannot too earnestly impress upon you
the necessity of a thorough investigation into
the tifluirs of the Penitentiary, with a view
that its present and past management tnny be
laid liefore the country, and even-handed jus
tice done to all wlto may have been or are now
connected with it.
'l'iie last Legislature passed an act declar
ing certain lands in the county of*Ware for
feited to the State, and provided for disposing
of the same. provision of the Statute
tfie lands sold und"r an act of the General As
sembly, passed-'23d December, ]833, and
which were not paid for «nu granted at Ute
passage of the law, were declared to be for
feited. If the power be conceded to the Legis-W
lature to rescind, at pleasure, a contract made
with her citizens for the purchase of lands,
without previous notice of such intention, still
as the act in question is the only instance re
collected where the power has been exercised,
it was apprehended any attempt to carry out
the provisions of the law would have involved
the Slate in expensive litigation in all that
class cf cases where the entire purchase mo
ney had been paid. The responsibility was
assumed of allowing the owners to come for
ward within a reasonable time, and by paying
into the Treasury the usual fee, to obtain
giants. By tho adoption of this policy, so uni
formly observed by the State i.i reference to
the granting of public lands, the receipts into
the Treasuty were suddenly increased, and an
act of justice done tho purchasers, and much
litigation avoided, that would have resulted, as
is believed, prejudicial to the State. A small
portion of this class of cases were not granted
within the time prescribed by the Executive
order passed, which remain undisposed cf.
Where the entire purchase money had not
been paid, tho power, as woll as the propriety
ot the law declaring them forfeited, wu re
garded as less questionable; but upon a care
ful examination of the provisions of tho act, it
was believed the expense the State would in
cur m causing the sale to take place, would
absorb the receipts, or ao nearly so, as to ren
der it desirable to postpone ail action, and re
fer the subject to the present Legislature, with
the view of having snch amendatory legisla
tint! as would diminish the expense of selling,
and secure with greater certainty a fuirequiva
lent for tho lands when sold.
It is my duty to bring to your notice the
situation of a large number of fraction owners,
whose iands were forfeited hy the act “ to au
thorize the Governor to appoint fit and proper
persons to sell tho undrawn lots in the land
iottpries heretofore had in thia Siato, and to
limit tho time for fraction purchasers to pay
for and take out grants,” passed at tho last
session of the Legislature.
The Surveyor General furnished this De
partment with tho number of undrawn lots and
fractional lots tingranted on the Ist of No
vember, 18-18; but before tho sales were or
dered, as required by the act, it was nwjf. x
known to me that many of the
had hecri_&(fld umJcmiithoiity of
-|ffirchase money paid, and ilial
of lhe ungranted fractional lots hnd been
fully paid for by tho original or subsequent
purchasers, long anterior to the period fixed
as tt limitation to issuing grants. In most in
stances also proof was adduced shewing that
the certificate of. purchase had been transfer
ed from the original to subsequent purchasers
bona tide, and that the present owners were
ignorant that the grants had not issued from
the State. Becoming satisfied that a largo
number of worthy land holders were likely to
lose, in many instances, their most valuable
real estate, from ignorance of the law rather
than a desire to delay or evade the just claim
of the Slate to the grant fee, it was believed
to be in strict conformity with the liberal
policy and high-sense of justice exercised by
the Slate towards her citizens, to direct tho
sale in all such cases to be suspended upon
the deposit of the grant fee with the Treasur
er, or agent appointed for that purpose, and the
production of satisfactory proof of ownership
or interest in the party making the deposit.
The sum of $698 50 is now in tho hands
of tho Treasurer, on deposite,being the grant
fees for two hundred and twenty three un
drawn and fractional lots, for which no grants
have yet issued, or will issue, until directed by
the Legislature.
It is therefore recommended that the sum of
money in the hands of the Treasurer, be di
rected to be transferred to the Treasury, and
that grants bo allowed to issue to the bona fide
owners of ail that class of undrawn and frac
tional lots of land falling under the description
referred to. Copies of the Executive orders,
with a report of the lauds sold, and such as re
main undisposed of under the two acts of the
last Legislature, are respectfully submitted.
A copy of the Report and Resolutions adop
ted by the last General Assembly “in relation
to the boundary line between Georgia and
Florida,” was transmitted to the Governor of
that State in April, 1848, and his attention res
pectfully invited to the liberal terms proposed
for an amicable adjustment of the controver
sy pending between the two States. No ad
vance however was made, or definite action
taken by the authority of that State until the
past winter, ». ben the subject was referred to
its Legislature in the annual message ofGov
ernor Moseley, in terms so commendatory of
tho plan proposed for final adjustment by this
! Slate, that the hope was entertained that I
should bo enabled to lay before you, at the pre
-eut session, the gratifying intelligence that a
fi .al adjustment upon terms honorable to both
( Slates, had been consummated. The Leg
islature of Florida, however, thought proper
I to disregard the conciliatory spirit and desire
of this State tr» preserve amicable relations;, as
manifested by the Report and Resolutions of
December 1847, and adopted resolutions deetn
-1 ed by me discourteous to the kindly feelings
and high sense of honor which hadcharacter-
I iz?d our legislative action on the subject, and
virtually closing the door upon ull future at
l tempts at friendly adjustment. A copy of the
, Resolutions was transmitted to me by Gover
nor Moseley, accompanied by a communica
i tion under date 6 h February 1849, to which
my reply was made in March last. Since
then no correspondence has taken place be
tween the authorities of the two States, and no
official information has been received at this
Department on the subject.
The state of the question as it now exists
is the result of no iij temper or illiberal exac
tion on the part of the Executive of Georgia
—but, f>n the contrary, with an indulgent feel
ing necessary to yielding implicit credence in
good faith with which our young sister advan
ced her claim, every consideration, consistent
with a consciousness of right and a recollec
tion of the most sacred ties of blood and friend
ship, was urged to bring this vexed question
to a speedy adjustment. Entertaining the opin
ions expressed in my last letter to Governor
Moseley, a copy of which with all the corres
pondence on the subject is herewith transmit
ted, I do t ot fell authorized to recornmend any
further attempt on the pan of this State at ne
gotiation. until invited by the authorities of
Florida. '
What becomes your duty, should you be
lieve the negotiation closed, will readfly sug
gest itself.
If our title to the disputed territory, worth
less as it is to us, is deemed clear anil beyond
successful opposition, we must assert and
[S®« Fourth