Below is the OCR text representation for this newspapers page.

ConstMnnaliat&JUjmliltr. JAMES GARDNER, JR., J and / Editors. JAMES M. BMYTHE, ) cSvERNOR S MESSAGE. Executive Department, ) Milledgeville, Nov. 3rd, 1851. j Fellow- Citi zevs Os the Senate \ House of Representatives : Tn closing my official connection with the repres entative's or the people, it will he iny object to place fairly before them the measures I have horetoforc felt, and now feel it my duty to recommend, sedu lously avoiding, as far as possible, the introduction of anv topic not affecting the interests of the people. While abundant cause of profound gratitude exists ' for the continued kindness of that superintending Providence, by which our State has been spared from the scourge of pestilence and famine, yet it is ! not to be disguised, that we are pa-sing through a reason of bitter discontent that may well claim the j exercise of the brightest of iho Christian virtues, to «‘imble us to jterform our full duty to the State, the j l nion, ourselves, and our children. The beautiful I system of a representative confederacy of sovereign j States united upon the principles of Justice and Equality, reflecting the enlightened judgment of a virtuous, intelligent, industrious and patriotic people, is only to be feared by the wicked and corrupt, while to tho orderly and right-minded, it is a pillar of strength that will in tno end insure justice to all. Let our object then ho, to onlarge the basis of true civilisation within tho borders of our State, by plan ting deeply, and nurturing closely, tho elements of a moral and intellectual culture, with every class and condition of our people: that each and all may un derstand ami feel the value of free institutions, and be capablo of devising tho best means of perpetuating j thorn. TIIE FINANCES. It affords proper ground of pleasure, that I should be able to communicate to the Legislature, the high- 1 ly prosperous condition of the Finances of the State, and the just appreciation of our public securities at j homo and abroad. It is belioved, that at no former period, have tho bonds of the Stato commanded greater confidence, or maintained a higher value in tno markets; nor does this remark apply alone to that class of the public securities known as tho Domestic Debt, but equally j to the remnant of the Foreign debt, of £15,000, held , in England. The advance in the market value ol the latter, within the last two years, and tho increased : confidence of the holders, have rendered all efforts to redeem U impracticable for tho present. The public debt, foreign and domestic, at tho | opening of the session of the Legislature in I HIT, as j rouimunicatod in a former message, was $1,578,875 j 60. In conformity with the recommendation contained j In the last messago of my predecessor, in which 1 fully concurred, the General Assembly of 1847 appropriat- i etl the sum of $375,000 for tho completion of tho; Western and Atlantic Kail Koad, a detailed state ment of the ox|M*ndituro of which, is contained in a former communication; and, at the same session, $22,222 22 to satisfy the claim of Peter Trezovnnt, for which bonds issued, and were paid, as heretofore communicated. The last Legislature provided that Messrs P. 0. Reynolds, James F. Cooj»er, and Richard Peters, should investigate the claim of John 1). Gray A (.V, contractors on tho Western and Atlantic Rail Road, for extra work, Ac., and that the Executive should issuo bonds, redeemable by the Road, for the amount found duo by thorn. Bonds for the sum of $24,541 j )0 were issued, and paid to Mr. Gray on the 20th 1 day of August, 1850, in pursuance of tno law and the report of the Committee, a copy of which is trans mitted. —A further appropriation of $20,000 was pi ado, ami directed to he paid over to tho Millcdgc villo and Gordon Rail Road Company, upon its com pletion; bi)t no evidouco having been furnished of {lie completion of the Road, this appropriation still elands wiiore it was left by the Legislature. It will thus he soon, that the Jiahility of the State lias been increased, since tho close of tho ]»olitical year 1847, to the close of the political year 1851, ! $397,222 22. The objects of these several appro priations are so generally known and approved by the country, that further detail, in this rcßpt*et, would not now be desirable. .Slice the dose of the political year 1847, to the dose of the financial year JHSI, there has been paid, of interest on the public debt, foreign uud domestic $4 14,770 VI, and of principal, the sum of $281,5511 j 72, leaving tho debt at this time $1,724,722 22. iffrom this amount is taken $300,000, which is , the balance of tho appropriation for the comnlcction of the Western and Atlantic Rail Road, unredeemed, mid which, under the act appropriating the same, must ultimately be puid off, and discharged from the net income of said Road, the public debt at this time, is $ 1,424,722 22 ; less by $154,153 38, than it wits at the close of the |»olitical year 1847. The available funds in tho Treasury, applicable to the future re duction of the public debt, at the closo of the present fiscal year, as appears by the Treasurer s Report, is $51,038 00. This amount, ($54,038 00,) being the surplus in the Treasury, should ho applied, as early ns practicable, to the further reduction of tho public debt; after which, the liabilities proper of the Stale Would bo $1,370,084 13. It will be borne in mind, that the sum of $130,000 wie appropriated by the act of JSIS, for the exten sion of tho Westemand Atlantic Rail Road, of which sums, $107,500 00 was ox|»ciulcd under the direction of my predecessor, and the balance applied by the present Chief Lngiueur, by my approbation, to the purchase of Motive Power and Cars, for the use of said Road. This sum, however, is no charge upon tho Treasury; ashy express stipulation, tho holders of this class of the puhlio securities are to look alone to the profits of the Western and Atlantic Rail Road, for principal and interest. In this connection it would nut bo deemed, 1 trust, out of place, to rotniml the General Assembly, that the great difficulty experienced by my predecessor, inlconverting these bonds into cash, or its equiva lent, it is belioved, induced the Georgia Rail Rond uud Banking Company and the South Carolina Rail Koad Company, to endorse or guaranty the payment of principal and interest of a large amount of them ; whereby negotiations were effected in one of our neighboring Stales. That this transaction was one of good faith, 1 have no doubt, llow far it is incum bent u|»on the General Assembly, by suitable legis lative prov isions, to substitute the credit of the State tor that of these Rail Koad Companies, in this parti cular instance, 1 submit to its souse of justice and liberality. The remaining prohublo charge upon the Treasury to bo considered, grows out of the legislation here tofore lnul in refeicuce to the Central Bank, the iirigihul capital stock of which may be estimated, in round numbers, at $3,580,000. The requisitions on the Bank, in the form of Treasury warrants, asap|>ears by an officiaLreport on this subject, from ’33 to 41, inclusive, was $2,203,500, ami for the construction of the W. and A. Rail Road, lit different periods from ’4O to ‘43, the additional sum of $680,000, making the amount actually j aid, and liabilities incurred by the Bank for various ob jects of internal improvement, the support of tho Government and other objects not included in the above estimates, not far from $3,200,000. In the iiice of these heavy drains uj»on the Central Bank, by the act of 1834, fifr the education of the poor, 1733 uhares of the Bank of the State of Georgia, and 800 f hares of the Bank of Augusta, which constituted a part of its capital stock, amounting to $282,300, was transferred to tho Treasury, and the income from this oource pledged to tho object of Education. From that period, the Bank has not been depriv ed, merely,of this amount of its capital stock, but the dividends which have actually accrued and been paid into tho Treasury, amouuting to the sum of $120,132 50, in cash, and tho additional sum of $18,600 of tho stock of the Geo. Rail Road and Banking Company; making tho aggregate, estimating the Bank .Stock at par, of principal and interest, $410,032 50. W hat principle of public expediency or financial exigency, w arranted this diversion of the assets of the Central Bank, at a time when its liabilities were probably not less than sl,soo,ooo,when its bills were below par, when there was an extensive and geueral derange ment of the currency of the whole country, and when Banks, as well as tho people at largo, were la boring under a pressure, more desolatiug and dis astrous than had been experienced for years, is to me incomprehensible. As a financial measure, its effects upon the credit of the State, if not the pockets of bill holders, were not more instantaneous than unavoida ble. Public confidence was destroyed,tho moment it was apparent that the Legislature had deprived the Bank ot a large portion of its assets, which were pledg- j ed for the redemption of its liabilities, and applied them to another and different object. If it were with in the competency ot the Legislature to divest indi vidual rights which had accrued to the creditors of ?he Bank, what guaranty was there that the next step might not be taken, and tho Bank be deprived of all its assets, without providing for the ultimate rodomp- j tion of its liabilities. Xt is no answer to this objection, that the Bank stock referred to, was ap|4ied to the great object of j educating the poor, as it will be seen by reference to I the records of this Department, that for the years j 1848, ‘49 and ’SO, inclusive, the beneficiaries of tho i fund reported, number 96,869,and the sum distribut ed under the act of 1843,f0r the same poriod.is $60,842 50; being a fraction less than sixty-three cents to each per annum, and not sufficient, under the lowest rates charged, to pay for twenty days tuition.. Whatever may have been the policy in which this measure originated, from the best consideration I j have been able to give the subject, I am forced to the i conclusion that the example established, of trans- I fining a fund, after being pledged to a specific ob- ! jeet, before the purpose of the pledge is fully redeem- ; ed, should not he encouraged; and that the policy of withdrawing the assets of tho Central Bank, and I applying them to other objects, and thereby depriv -1 ing it of the means of meeting its liabilities, is wholly indefensible upon principle. Tho Stato has gained nothing, nor have tho people. By the trausfer of the Bank to the Treasury, a necessity is created to supply the deficiency in tho Central Bank, by the State. It can only be done by taxation : and the result of this whole measure is, that every dollar distributed has to be returned back to tho Bank by the people, without any sulistantial good, as I have shewn, in educating the poor children. From the view presented, let not the impression j prevail, that I am opposed to a system of free schools, S or to providing the means, amply and liberally, to | educate all the youth of the country. But to ac complish this object, let the policy of the State be straightforward and direct; let the country know that a claim is made upon the property, the people, tho intelligence and virtue of the State, to furnish adequate means for extending to all tho youth a le gacy of incalculable value, a general diffusion among all classes and conditions, of the rudiments of an En glish education; for instilling into them, by early training, just conceptions of tho social relation of man to his fellow man, a love of country and of liberty, and the duty of habitual reverence and humble obe ! dicncc to the laws, principles, and teachings of tho great Author of man’s existence, without which, alt government is but a fraud, liberty but a name. Tho liabilities of the Central Bank, at this time, i consist of Bonds issued to redeem its circulation, i amounting to 371,000. Os this amount, $9,000 is | redeemable in 1854, $39,000 in 18 5, $34,000 in 1856, $17,000 in 1857, $21,500 in 1858, $50,000 in 1859, $35,000 in 1860, $5,000 in 1861, $37,000 in 1862, $48,500 in 1863, and $74,000 in 1861. The available assets, as reported to me by tho | Cashier, may be estimated at SIOO,OOO. The proba ‘ bio deficiency, therefore, will have to ho provided | for hereafter. Within four years, ending with tho ; closo of the present fiscal year, the liabilities of tho Bank have been reduced $279,069 87. A large i amount of the assets, within the period referred to, regarded as insolvent or doubtful, bus been realized, ! or secured by tho officers of the Bank : and much i tho larger amount of these claims, 1 have no doubt, would have proved a total loss to the Bank, had tho ! assets boon transferred to tho Treasury. I have not I belioved it to be to the interest of tho Stato, to or der this transfer horetoforc, nor would I now ro : commend it to he done- 1 believe tho discretion ! invested in tho Executive, as to the transfer of its assets, sound and salutary, and there I would ad vise, it should remain. TAXES. Upon careful consideration, T felt it my duty to invito tho attention of the last General Assembly to our system of levying and collecting taxes. Tho inequality of our tax laws appeared to ho so obvi ous, ns to encourage tho hope that the Legislature i would not adjourn, without the substitution of the ad valorem, for the present specific and objectiona ble discrimination principle, adopted in 1804, anti ! continued up to this time with slight modifications. | One of the defects of tho old system was reme died at the last session, but tho highly objectiona i bio feature of arbitrary specific taxation of proper : tv, whether real or personal, irrespective of its | value, as ascertained by tho price it would command i in tho market, or otherwise, is still retained, in vio lation of the most obvious principles of justice and sound policy. Taxes, however raised, whether by • the State or General Government, may he regarded as a charge upon property and people for the pro tection of both. In what mode, and to what ex* | tent property should be burdened to raise tho ro ! quiredsum, whether by specific levy|with discrimi nation, or strictly upon the ad valorem principle, has been, and will doubtless continue to lie, tho j fruitful sourco of discussion, and diversity of opin j ion. j The principle of discrimination that so largely enters into every system of specific taxation, had its origin in no clear, or well-defined notions of jus j tico, and should only ho resorted to in behalf of property in which all classes and conditions of so | ciety have, or are sup)ioscd to have, an equal inter est. Leave man free to engage in whatever lawful 1 pursuit may be congenial to his taste, habits and interest, but let the Ftate bewaro bow tho property i of one of its citizens is exempted from taxes, w hile, by an unequal and unjust discrimination, heavy i burdens are imposed upon that of another. The ; obvious duty of tho Legislature, as it seems to mo, | is to ascertain with precision, or approximating it, the sum required to meet the doutunds upon tho Treasury, and then, from the property of tho coun try, raise the requisite sum; not by saying that 100 acres of laud, though worth one thousand dollars, should pay no more tax to tho State, than the suuio , number of acres adjoining it, not w orth one hundred dollars; not by exempting the property of one man, and taxing thut of another; not by saying that, as between two individuals possessed of equal amounts, i but different species of property, the one should be assessed, at the rate of fifty dollars, whereas, of the other, only five dollars is demanded; hut by levying tho same rate of tax upon all of the prop erty of tho State, according to its value. If dis- J criminations are to be tolerated at all, I am Near ly of tho opinion, it should be in favor of roal estate, as against personal; hut certainly thero is no equality, or justice, in a system of finance, ex acting different rates of taxes on lands of the same value t One of the objections offered to a system of taxa tion based upon the value of the property itself, is the want of reliable data by which the principle could be tested. All must foresee the imminent danger to the credit of tho Stato, its character and prosperity, resulting from an inability in tho Treas ury to meet promptly all demands upon it, by whatsoever means produced. But it is believed, the present period is exceedingly favorablo, either for a total, or partial change of tho prosont system. The data furnished, ot the value of real and per sonal property of this Htato, under tho autlioritv of an act of Congress, during tho last year, would bo highly useful. Many interesting statistics, that would serve to direct tho research and investiga tion of the Legislature, in fixing the proper rate of levy to raise a given amount, might be obtained from the Census books deposited iu tho office of the Secretary of State. It may not be unworthy of notice that, upon this authority, the roal estate of Goorgia was estimated at $120,663,283, tho per sonal at $210,081,254. and that one-eighth of ono percent, on the gross amount, would bring into the Treasury about $347,282 82, after allowing sixteen j*er cent, for assessing, collecting and paying over the same; an amount exceediug the present in come, aiul more than adequate for the present and accruing liabilities. Having discussed the subject, somewhat at length, in a communication submitted to the last Legisla ture, I feel that it would bo an unnecessary tax a pen your indulgence, again to repeat the arguments then submitted. I most respectfully refer you to what was then communicated, as containing not merely my opinions at the time, but since greatly strengthened by further observation, reflection and experience. I cannot, therefore, too earnestly urgo upon you a strong and abiding conviction, that jus tice and good faith, as well as expediency, imperi ously claim at the hands of the Legislature, an entire change of the principle of your tax law s by the substitutiou of a tax based upon the value of property. Whatever may be the fate of this meas ure before the present Legislature, I shall ever cherish tho hope that a sense of right, a lovo of equality and justice, will ultimately prevail; and that tho souud principle of taxation, that tho burthens of Government should rest upon the ob jects ot its protection, so earnestly pressed upon you, will become firmly riveted upon tho public mind. TllF. TREASURY. The Reports of the i ivasurer and Comptroller General, for the fiscal years 1850 and 1851 are here with transmitted. The duty imposed by law upon the Treasurer, has been complied with, and his es timates of tho probable receipts and expenditures, for the next two years, aro submitted. ! The total available balance in tile Treasury, at the close of the financial year, is $ 118,069 45, from this sum deduct $37,180 71, of undrawn appropria tions; $30,219 40 of tho tax of 1851, collected before the close of the financial year, and $10,582, j dividends on “ Education Fund.’* leaving a surplus 1 at the closo of the fiscal year of $40,087 34. Tho amount of undrawn appropriations, that 1 revolt to the Treasury, will probably not vary far from $13,960 75, making the actual surplus in the Trfajury, subject to any future appropriations made by the Legislature, or applicable to the public debt, $54,038 09. At the last session, an Act was passed, providing $70,000 as an annual sinking fund. It was early foreseen, after tho adjournment of the Legislature, frem the extraordinary expense of that session, ex ceeding as it did, the estimates of the Treasurer, by $39,301 08, independent of an extraordinary appropriation of $30,000, the expenditure of which was dependent upon contingencies that did not arise until near the close of the fiscal year, that the Treasury might be somewhat straightened, if an ap plication of the sinking fund to the redemption of the Bonds was made before any portion of the taxes of 1850 was received. Efforts, however, wore made abroad, by the agents of the State, to ascer tain at what rates the £15,000 sterling could be ob tained; and Irom causes already mentioned, it was deemed injudicious to redeem these securities at the time. Nor was there any application made, or opportunity afforded the Treasurer, to redeem any portion of the domestic debt before March last, when $72,000 of the 0 percent, bonds were offered and redeemed. Dilligcnt inquiries have since been made to obtain the bonds of the State, that tho surplus now in the Treasury might be applied in re deeming the same, but with little success. At a more recent date, notice was given in the public gazettes of the readiness of tho Treasury to redeem an additional sum, and after all proper means used to induce holders to part with the bonds of the State at par, within the last two fiscal years, just closed, the amount presented and redeemed at the Treasury is $103,750 00, of the B percents; thus furnishing tho most satisfactory evidence of the prosperous condition of the financial affa.rs of the iState. In this connection, it would be an acceptable an nouncement to make, 1 apprehend, to the Legisla ture, that, after years of delay, the sum of $65,083 41, exclusive of commissions, has been collected from tho General Government, for advances made, and tho interest accruing theroon, in the Indian disturbances of 1830. Under tho authority of a Joint Resolution of the last Legislature, I appoint ed Joseph Sturgis, Esq., the Attorney in fact of the State, to urge upon the Authorities at Washing ton, this just claim, of fifteen years standing. To his untiring zeal, assiduity and skill in the manage ment of this long neglected claim, tho State is in no small degree indebted for the respectable sum received, so very generally regarded as utterly worthless. A claim of tho Central Bank against the United States, of like character, was also plac od in the hands of Judgo Sturgis, with like happy results; tho Bank having received for this claim $21,014 00. WESTERN AND ATLANTIC RAILROAD. Tho Reports of tho Chief Engineor of tho Wes tern and Atlantic Rail Road, for tho years 1850 and 1851, and the Reports of the Finance Commit too. appointed under tho Act of 1845, are also trans mitted. To theso Reports I invito tho calm and patient attontion of tho Legislature, for many valu able suggestions, and much useful information. Questions at deeper interest to tho future pros perity of tho State, will not engage your attention, than those connected with this public work. They rise above all party, selfish, or sectional considera tions, and, to tho enlarged and comprehensive views of tho Statesman, address themselves with a forco too irresistible, it is believed, not to insure the adoption of wise measures. It was early foreseen by the friends of this work, that sectional jealousies would spring up, and that it would baio to encounter opposition from this quarter, not less violent in its character, than from that equally deplorable infirmity, unfortunately too prevalent with certain classes, to busy themselves most in matters of public concernment, in which they are most ignorant. The Report of the Finance Committee, and the views there presented, as well as the policy in which this Railway had its origin, would seem to demand at my hands, in retiring from tho public trust confided to me, to enter some what into the detail of facts connected with the ad ministration of the affairs of this Road, since my official connection with it commenced. This seems to mo proper, that the public, ns well as the Legislature, may understand tho policy that has governed mo, and tho difficulties with which the management of tho affairs of the Road has been in vested, from the moment of my connection with it. It will lie conceded, I apprehend, that the suc cessful management of a Rail Road very much de ponds upon the financial ability with which its iu como ami disbursements are conducted. When the present Chief Engineer was called to jierfurin tho threefold duties of a Board of Uiroc tors, President ami Chief Engineer, tho name affix ed to those duties by our statute, was that of Chief Engineer. To find blended in one man. tho highest attain ments in these several deportments, combined with practical experience in each, was not to lie expect ed, at least, for tho inadequate salary of SIHUO per annum, a compensation below what is believed to be paid on most of tho important roads in tho State, to tho Chief Engineer alone. Being quite satisfied of the eminent qualification of (1m present incum bent, in everything connected with the financial duties of this truly multifarious office, to which he I combined an accurate theoretical knowledge of Civil Engineering, suporadded to which I may men tion his elevated character for probity, intelligence and strictly business habits, with an intiuiuto ac quaintance with legal principles, and tho necessity of such knowledge in the adjustment of many vexed questions, left as a legacy by tho preceding admin istrations, clearly indicated Mr. Mitchell us a suita ble person to invite to this respectable station. Boing satisfied at the time, that the public inter est would bo promoted by calling the present incum bent to take charge of this branch of the public ser vice, 1 have had no just cause to change that opinion since. The propriety of this remark will be seen, when it is known to tho Legislature, that ill every instance of a charge involving the mismanagement of the Road, brought to my attention in a form that would warrant official notice of the same, the ac cusers Itavo invariably failed to adduce proof in sup port of their charges. The conclusion would scorn irresistible, that allegations have boon preferred through a misapprehension of tho facts, or from motives less creditable to the human heart, and looking to ulterior objects connected with party, or the creation of a public opinion tiiat would devolve upon tho Legislature the necessity of disposing of this valuable property, to pri\ate individuals, or companies. In January, 1848, whon tho former Chief Engi neer, Mr. Garnett, turned over the offeetsof tho Road to the present incumbent, about ono hundred miles, commencing at Atlanta, and extending to Gallon, wero completed : and the entire equipment 1 for this extent of Railway, consisted of six locomo tives, one of which was purchased after the Ist of November. 1847. two Passenger Cars, and two Bag gage Cars: with an outstanding debt, amounting to $42,167 43, and a cash balance in the hands of the Treasurer of $1,878 75. This equipment would be admitted by all experi enced Rail Road men, as wholly inadequate; ad mitting the Engines and cars all now, and tit for use. Tho Passenger cars were at best roughly construct ed, and not likely to attract tho admiration of travellers, either for the comfort afforded, or ele gance of finish. The Motive Power was miserably deficient. Since January, 1848, to the present time, tho mo tive power has boon increased by the purchase of 7 locomotives of the first class at a cost of $44,500; making the present equipment in motive power, to consist of thirteen engines, sovon of which have been bought and paid for since April. 184 s; and most of which are in good order, and are believed to bo barely sufficient to do tho business for the present. But the deficiency in Freight ears still exists, and until it is supplied, it may be expected that the busi ness of the Road will not be conducted with dis patch, or satisfaction to tho public. It is believed that, from the earliest experience to the present moment, few, if any, examples can be found, where either a State or Company, with one hundred and thirty-eight miles of Rail Road, has attempted to do the business of transportation, for any considera ble length of time, without a full equipment of freight ears. If the question is considered, alone in reference to the net income of the Road, economy would demand an immediate equipment. For, let it he borne in mind, that the present Chief Engineer found, upon entering upon his duties, a subsisting contract with the Geo. Rail Road, and the Macon and Western Rail Road Companies, made by the former Chief Engineer, Mr. Garnett, that one-eighth of the gross amount received for freight, transported in the cars of those Companies over the State Road, should bo paid as hire or rent, for the use of the same, together with the expense of repairing all cars which might be broken or injured, while en gaged in such transportation.—These items, for the last two years, amount to the sum of $-15,845,69. exclusive of an unadjusted claim of the Goorgia Rail Road Companv, for repairs of cars, of $17,111 51. The cost of freight cars, necessary to have per formed the transportation for tho sums time, would not have exceeded $60,000, estimating the number of cars to be one hundred: while the entire cost of | the construction of the Western A Atlantic Rail road, up to this time, amounts to $3,913,862 28. From this data it will be seen, the Georgia Rail road, have probably received, upon their capital in vested in cars, from the State, in the form of rent and repairs alone, about thirty-eight per cent, per annum for the two years just ended, whereas the State has received, upon the capital expended in the construction of its Road, about lj per cent, for 1850, and 2j for the year just terminated. But a complete equipment of freight cars is de manded, not merely from the consideration noticed, but it is essential to the faithful discharge of a duty to the public, undertaken by the State. Freights in largo quantities, accumulate occasionally at dil ferent points on the Road : the owners or shippers are deeply interested in having them sent forward to meet an advanco in the market, actual or anti cipated, but how often is it the case, when the freight cars are most needed on the Western A Atlantic Railroad, the Georgia and Macon A Western Roads are not able to meet the demand. And if injury re sult to the owner or shipper of produce or merchan dise, by a decline in the markets, from such unsea sonable detention, is not the State, by its mistaken and ruinous policy in refusing to equip the Road, morally, if not legally, answerable for the damage? There it no obligation on the Georgia and Macon A Western Railroad Companies, to furnish cars for the use of the State Road ; and it may not be ex pected they will do so, unless it suits their interest or convenience. But another insuperable objection to the longer continuation of the existing arrangements, grows out of the fact, that the business of transportation of three Roads, becomes so mixed and blended, as to create much confusion in fixing tho liability of each, for the loss or damage of merchandise and pro duce in transitu. Much more might be said but is deemed unnecessary, as this branch, with all other questions connected with the subject, is forcibly presented in the Report of the Chief Engineer, and accompanying documents of the Finance Commit tee, herewith transmitted. It is generally known, that the iron used on fifty miles of this Road, is of the most inferior class, and wholly unsuited to its peculiar curvilinear struc ture, or tho nature of its business. So radical is this defect of structure, the assertion may bo safely ven tured, that a succession of accidents, with a heavy loss of property, and possibly, human life, may be apprehended, unless the early blunder is remedied, as far as possible, by tho substitution of a heavy iron rail for tho one now in use. Upon this subject, a becoming solicitude was manifested two years ago, as also in relation to pro viding a new organization for the government of tho Road. It need not bo said, that these subjects, of grout interest then, hut of vital moment at this time, did not receive the favorablo consideration of the Legislature. The Read was left, although in the process of completion, under the management of tho Execu tive and Chief Engineer, restricted by statute in many of their duties, when a sound discretion would teem indispensable to its best interest; without moans of equipment, forced from stern necessity, to incur heavy expenditures for erecting a bridge over Chattahoochee, and substituting heavy and expen sive embanking for the rapidly decaying bridges at Noonday and Proctor's Creeks; the wonder should rather he, to a calm and impartial observer, not that complaints may have been heard, but that so muchfhtts been achieved, and so few accidents oc cured, under circumstances so embarrassing. From tho condition of the Road, and its obvious incapacity to incot the daily increasing business of transportation, 1 was forced to assume tho respon sibility of making suitable provision, for the pur chase of heavy iron rails for about fifty miles of tho Road. Feeling sensible that no authority was vested in me, or the Chief Engineer, tor this object, by law, the contracts were made binding, upon the condition they were ratified liy tho Legislature. A full and detailed statement of the purchases of iron from Messrs. Padcltord, Fay- A Co., of Savannah, ir contained in the report of the Chief Engineer, to which I respectfully refer the Legislature. In that Report copies ol all the correspondence had on the subject, and of the contracts entered into, will ho found: with a clear and faithful statement of tho facts and circumstances that, in my judgment, ren dered tho purehaso of iron a duty I could neither postpone or avoid, without tho most reckless disre gard of the public interest. It is true, if I had been caii.ablc of outailing upon my successor inextrica ble embarrassment, or could havu derived pleasure from seeing the interest and character of tiio State sunk and degraded, I might have folded my arms, and permitted tho Road to fall a wreck on tho hands of others. The purchase of ono thousand tons of iron was made in April lust; which is now being laid and will extend over about twelve miles. In addition, 3200 tons have been contracted for, and from tho last advices front Messrs. I'adelford, Fay A Co., may be expected in Savannah, sometime in this month and December next. It will be seen, by the terms of the contract, that it is expected the cost of tho iron will be provided for at an early day of your session. The cost of of the first 1000 tons, at Savannah, was $ }3,742 18 ; and tho 3200 tons, w ill not probably exceed $124,- 800; makiug the sum to he provided for $168,542 18. This may be done, if the Legislature should ratify the contracts, by an application of a part of the surplus now in tho Treasury, and by issuing 6 percent, bonds, redeemable by tho Road, and gua rantied by tho State. Should this course be pursued, there can be no doubt of the entire capacity of the Road to meet tho interest promptly ; and ultimate ly redeem the principal; so that, in fact, the public debt of the State would not bo increased. It is believed, tho facts disclosed by the Finance Committee and by tho Report of tho Chief Enginoer, are quite sufficient to demonstrate tho propriety of providing an independent equipment of freight curs. By reference to the Report of the Chief Engineer, it will be seen, that $566,0H0 would cover the eost of relaying fifty miles of the Road with heavy T rail iron, and Oqitip it with Locomotives, freight and passenger oars, sufficient to do tho increased bu siness that will necessarily result from tho comple tion of the Railroads now in progress in Tennes see, connecting with ours; to say nothing of tho in crease from the developments being made in our own State. I cannot doubt that the true policy of the State, is fully to equip this Road, pledge it with its income after the discharge of its liabilities, as sacred to the cause of Education, perfect its organi zation by a Board of Directors, of whom one should be m ule the President, vesting in the Board tho or dinary corporate powers: and thereby, as far as possible, disconnect it and its government, from all improper influence, or tho appearance of it. To do this however, successfully, the example furnished in the organization of the Supreme Court, of select ing gentlemen of qualification from both political parties, is worthy of imitation ; and it would relieve tho Governor, of responsibilities which certainly are not desirable, and from the nature of which, his other and paramount duties render it difficult, if not impossible, for him to perform, satisfactorily to himself or iho country. COMMERCE. It has occurred to me. that this is a propitious time, to bring to the notice ot the General Assembly, a question, intimately connected with the prospe rity of the State. ileretoforo our energies havo boon directed to the construction of Railways; has not the time ar- I rived when the State should extend its aid to our ■ enterprising citizens, in tho establishment of a line of Steam Propellers from Savannah to England, or even the contineut of Europe. The success of private Companies, in navigating theoeoan by steam, is generally known; and tho advantages resulting to such of our Atlantic cities as are directly connected with it, are obvious. Why should wc expend our millions, in affording a cheap and expeditious railway transportation, for the Agricultural products of the State, to Savannah ? Certainly not because it is expected that our cot ton, bread-stuffs. Ac., are to he consumed at this point, but on reaching there may be shipped abroad, and seek more remunerating markets. Should the j foreign market be reachad by direct shipment, or bv ! the circuitous route cf New-York, with a long list of charges and expense which might be avoided, is the question. If it was good policy in the State, to expend four i millions in the construction of a railway, which by its connection with othors, enables the farmer from our extreme limits, to offer his surplus products, at a remunerating price, it Savannah, why not, by further facilities, enable him to offer his commodi ties in England, Franco, or Germany, at better re- ; munerating prices. Why should the producors of Georgia be dependent on the city of New-York, for | the articles they consume, of foreign production or . manufacture, as well as the price they- receive for the products of the farm ? The answer is, that N. York has tho capital, by the skillful management of which, she commands the whole commerce of the country. By this engine of power, New-York fixes the standard of value of our exports, to some extent at least, and exacts from us tribute, in the way of charges, for receiving and forwarding, stor age, drayage, and commissions, besides the profits of | the merchant through whose hands they pass, until ! they reach the hands of the consumer. This is true of our exports, as well as imports. Every farthing • paid for these objects, must of necessity, according to the laws of trade, diminish the market value of the products of the Georgia farm, in Savannah. ! z BuQitmay be asked, would aline of Steam Pro- I pellers from Savannah to England, or the Continent, | relieve us? Perhaps not entirely, but to some ex- S tent, I have no doubt. Commercial facilities, in the transportation ofpro- I duce or merchandise with regularity and despatch, are, in fact, a part of the merchant's capital, and to I that extent at least, it would be the introduction of i it into our State. Is not much of the business of New-York based upon a system of credits, that hus grown up in large dimensions, mainly from the facili ties of commercial intcrcousc with England and Europe ? This credit is capital, for all practical purposes, while confidence remains firm and unshaken: and we, of Georgia, arc forced to yield up just so much of the value of our products, by the present course of trade, as pays the enormous profit to the city of New York, by which this system of credits is kept afloat Docs" it become us to pay tribute to New York' Wc produce the staples upon which a re spcctable portion of the commerce of the country is based: why should wc then, with thissoild capital, be dependent upon other cities, to convert it into cash, or exchange it abroad for such articles as we desire to consume' lam not insensible of the difficulties that lie in the path ofjsucccss, yet I cannot forbear the expres sion of the opinion, that a great stop to be taken to elevate the State and increase the reward of Agri cultural industry, is to stimulate a direct trade be tween our own seaport anti ports abroad. And. if to accomplish this end, the credit of the State should he found necessary, to a limited amount, the wisdom of the policy, in my humble judgement, would soon become so apparent, as to command the approba tion of the country. These suggestions arc respectfully submitted, more with the hope that they- will excite a spirit of inquiry and investigation, than with any confident expecta tion that they will be at once acted upon. The ne cessity therefore, of entering fully into tho discussion, Ls not believed to exist at this time. EDUCATION. Under a Joint Resolution of the last General As sembly, as also the preceding one, it was made my duty to appoint a Committee to inquire into the State of Education in Georgia, to report to tho next Legis lature on the present Poor School laws, to recom mend any alteration in the same that might to them seem advisable, or to suggest a plan for general edu cation, if conceived by them expedient, accompanied with a Bill for carrying out the same. Under the first Resolution, adopted in 1847, tho lion. A. 11. Chappell, Bishop Elliott, and Dr. Leonidas B. Mer cer, were appointed a Committee. Thoy failod, how ever, to report to the last Legislature. It is proper I should also state, that a part of the Committee, as came to my knowledge, bestowed con siderable labor in collecting materials preparatory to the Report. A regret was felt, and by nono more than myself, that a report from these gentlemen, so favorably and generally known, was not made. The last Legislature substantially adopted the Resolution of tho proceeding one, containing the same highly objectionable feature, requiring me to appoint a com mittee to prepare a report upon this subject to tho Legislature, “provided the same could lie done with out cost to the State, or cost upon the School fund.” During the early part of the last year, an opjiortu nitv was offered for consultatiou with an omincut citizen, who, from education, pursuits and practical experience, was well informed of tho wants of tho country in reference to the subject, and who kindly assured me of hi.s willingness to serve the public in this respect: if u)ioii reflection he should become satisfied that he could do so with satisfaction to hint self or with benefit to others. Within tho last forty days, the Rev. George F. l'icroo, tho gentleman re ferred to, through a friend, notified me of his readi ness to engage in this arduous duty. Dr. Talumgo, President of the Oglethorpe University, and Dr. L. B. Mercer of l.ee, were associated with him, from each of whom the gratifying assurance has been received, of their ready co-operation, From tho report of this Committee, which may be expected at an early day, valuable information and suggestions deserving the consideration of the Legislature, may ho confidently anticipated. I consider, from the high character, literary at tainments, tho zeal, and general knowledge of tho wants of the State, w hich these gentlemen will bring to the task of preparing a Report on tho subjects embraced in tho Resolution, the country has a guar anty of its ability and practical utility. It is con templated by the terms of tho Resolution, that the report will be made directly to the Legislature, by tho Committee. Upon this important subject, of universal interest, I have, in the discussion ot other questions, inciden tally referred to some of the considerations that may arise in this tine or two additional suggestions only, will be offered at this time. Judging from the demonstrations mailo during the past summer, in behalf of Education, it may ho as sftmed, that a largo proportion of the intelligence of the State is in favor of abolishing tho present system, (if it can so be regarded,) of educating tho ]«tor, and adopting free schools, common to all, in its stead. A sy-teni of common schools, I doubt not, ntay bo established, adapted to the wants of our people; but to plant and rear so delicate a bud, ami ut tho same time, of such incalculable importance to the future character of the State, requires the fostering hand of the Legislature. The arguments in favor of Common Schools, to my mind, arc clear and unanswerable: but obvious pro priety will not allow me to notice but one or two. Equality in the distribution of benefits by the State to its people, is a cardinal principle of Justice. \\ hen this principle is observed, you produce amity, concord and friendship: when disregarded, tho conso quenco is heart-burnings, discontent and opposition. Success in this noble work of educating the youth of the State, and thereby preparing them, in sotno mea sure at least, for future usefulness to themselves, their families, and their country, is tho liusinoss of all classes and conditions, conjointly and hartnoni ouslv co-operating to bring about ono general result. I here is in the human heart, a feeling of approba tion and security in systems of education, as well as others, that are based upon equal rights; while tho opposite feeling of repugnanco and mistrust, springs up for that munificence that degrades the objects of its care, by odious distinctions. Tho poor parent may desire to sec his child educated, and feel himself unable to turnish the means, but ho does not wish to he pointed at its an improvident father, who, from folly or crime, is unable to discharge this duty to his child: and again, the generous, high-soulcd youth would sooner grope his way in ignorance through life, than to enter the school room to be taunted and jeered by his fellows as a charity scholar. False as may he deemed this pride, it is a part of tho nature ot man, and if it is the design of your policy to bo uselttl. your education must bo general, and every difliculty removed ns far ns possible, to the consumma tion of this object. You must invite, encourage and induce parents to discharge their duty to their chil dren, in this respect. You cannot, and ought not, to force them. Put all disgrace, real or imaginary, all inequality between tho rich and the poor, is swept away the moment your system of education is com mon to all. A commendable emulation, is excited, a closer i communion produced, ties of friendship created, and ! a broader field is opened for the full exercise of tho manly feelings, which, if not planted in youth, never take root, by the rich and tho poor mingling together, and deriving instruction from the same source. Put conclusive as I believe the arguments to be, in favor of Common Schools, over tho system of educating the poor, provided by tho act of 1843.1 forbear fur ther remarks, and apply myself to the consideration, briefly, ot the capacity of the State to furnish ade quate means for a system of Common Schools. " hat are the resources of the State, and by what means is the required sum to be raised, for the object under consideration ? This is the great question, and ujrui the correctness of your decision in this regard, hangs the destiny of this measure. Iht- Bank-Stock, the income from which is, under the law ot 1843, applied to educating the poor, is an appropriate fund to be appled to thus object, when ever the State provides for the holders of bonds of the Central Bank. The next source of permanent income for this object, should he the net income from tho a estern and Atlantic Railroad, after the pre sent liens, and such as may be necessary to incur for its immediate equipment and repairs, have been re deemed; and the deficiency, if any, should he sup plied by a per capita tax. From these three sources, it is believed adequate means for the most enlarged usefulness might be obtained, if not presently, at no distant day. In the meantime, while the Railroad is engaged in dis charging its liabilities, let the income from the Bank Stock, and the poll-tax be appled to tho preparation of taechers, selected from among our own young ladies and gentlemen, and educated at our own schools and colleges. Tho leading Christian denom inations in our State have, within a few years past, found colleges, and are annually returning to society highly cultivated and moral young 'men, eminently qualified to take the lead in "this great work. Be- 1 t sides these Denominational Colleges, University of the State: what it not om plish in the preparing and qualifying of young men to engage in this important service. Eneourage these several Colleges, by selecting ; in some equitable mode, such young men as are wil j fc> r a period of years to engage in the duties of teaching, to indemnify for the money expended in eduaating them, and you have a guaranty of secur inga corps of teachers, thus organized/ of greater usefulness to the country, than by any other plan that has suggested itself to my mind. * But if this plan be not acceptable, let a better one be adopted. It has occurred to me, that prov idim* the necessary means and securing competent teach ers. unexceptionable in all respects, would be the greatest difficulties to overcome. For immediate use no income need be expected from the Railroad. The deficiency from that source, if it should be deemed advisable to commence the system at once, might be supplied by taxation, or by the State issuing bonds, the interest accruing thereon only, to be paid by the State, which should be an ultimate charge upon the receipts of the Western A Atlantic Rail road. This, I should consider, however, obnoxious to some objections, ami therfore do not press it: but would with great deference, advise the assessment of a poll-tax, which, with the income from Rank Stock should be applied, first, to the qualification of teach ers; but if it is believed a sufficient number could be engaged qualified, not merely from literary attain ments, but from association, principle, and sympa thy with the people of Georgia, the experiment might well be made, and its beneficial results tested from the sources of income alluded to, Should however, the i»ol!-tax and Bank stock not furnish a fund, commensurate with the high claims of educa tion uj»on the Legislature, let the deficiency be sup plied by an open and undisguised requisition upon the property of the State. If it is the wish of property holders, to see the blessings of education extended to all classes and conditions of our people, they will yield to the neces sity that demands the means; but'if they do not, the hope of success must be deferred to a more fa vorable season. But, whatever may be the fate of your efforts to mature a system of common schools at thus time, I cannot too earnestly urge upon vou the of pledging the Western A Atlantic Railroad, with its net income after discharging its liabilities, to the great objects in which all are in terested, of common schools. Should the system re commended, or any other, receive the favorable consideration of the Legislature at this time, how ever limited the means may be at your command, you must havo a bead—an able and responsible Agent or Superintendent, whose duty it shall be to see to the faithful execution of your own plans; or your brightest hopes will end in disappointment. DEAF AND DUMB ASSY LI'M. Copies of the reports of the Commissioners of the Deus and Dumb Asylum, and of the Trustees of the Lunatic Asylum, are herewith transmitted. These soveral reports are commended to tho careful consid eration of the Legislature, as containing highly sat isfactory evidence of the fidelity with which these Institutions have been managed, and the corresjion ding improvement and benefit derived by those af flicted and unfortunate classes of our people. These benevolent institutions wore founded in the warm sympathy all should feel for the afflictions and suf ferings of others, and the necessity of protecting tho community from tho possible violence and an novanco of unfortunate beings, deprived of reason. feaeh of these Institutions should receive the sos tering care of tho Legislature; and I would fondly hope that nothing will be left undone to extend the sphere of thoir usefulness, that all necessary means will be provided, for enlarging the comfort of the Lunatics, and increasing tho probabilities of their restoration, and for gladdening the hearts of the Deaf and Dumb by unveiling to their understand ings tho treasures of knowledge, and pointing out to them the path of a virtuous, industrious and useful life. Theso arc solemn trusts, confided to your care, and cannot fail to command your attention and cordial support. Tho probable amounts required for the support of each Asylum, will be •found in the respective reports. BOUNDARY QUESTION. All efforts to adjust tho question of boundary be tween this stute and Florida, by reference or ne gotiation, have failed.—At the instance of the lat ter State, a bill has hewn filed, and the question is now pending before tho Supremo Court of the United States for its decision. The corrosiiondenoe not heretofore communicated to former Legislatures, and printed, is transmitted. Believing it to be my duty to have tho interest of the State protected, the Hon. J. M. Berrien was engaged, as the Attorney of tho State, for that purposo, APPROPRIATIONS. The last Legislature appropriated SIOOO to erect a monument over the remains of the Hon. John Forsyth, which are interred in tho Congressional burying ground at Washinglon City, and directed me to cause tly* samo to be put up w ith suitable, in scriptions, Ac. I pon consultation with a member of Mr. For • iytli s family, it was deemed advisable to suspend action under the Resolution, and refer the subject again to the Legislature. It would certainly be more congenial to the feelings of Mr. Forsyth’s family and tho j*coplc of the State, that this testi monial of regard should be orcetod on some conspi cuous site in our State. Tho illustrious Dead was endeared to the people of Georgia by a life devoted to their interest; and it apj>eared to me that there was a peculiar propriety in conforming my action to wlmt I am sure must be the general wish of all, that the monument contemplated should be erected on tho public grounds near the State House, or at some more eligible place, and that such addition be made to the appropriation, us would accomplish tho object in a style worthy the character of a State aud its distinguished son. At tho same session, two hundred dollars was ap propriated to erect a Tombstone over the remains of General Jared Irwin, former Governor of this State. Upon advising with the surviving daughter of Gov ernor Irwin, 1 was informed that a tombstone bad been erected, by the family, over his remains, equal, if not superior, to one that could be obtained for tho sum appropriated; and upon her indicating a deci ded preference that the tombstone erected should ronmin, unless replaced by one of greater value, I was induced to suspend the execution of the law di recting it to be done, and refer the matter to tho Legislature for such action as it might deem worthy and proper to perpetuate the memory of one who has rendered valuable military and civil services to tho State. PUBLIC LANDS. Under the authority of an act of the last General As sembly. the unsurveyed lauds in the county of Ware, were directed to be surveyed and sold. One hundred and seventy lots have been surveyed, and advertised for sale on the first Tuesday of this month, at the Court house of Ware county. A large portion of the Okefen okee Swamp remains unsurveyed, and from the report of the Surveyor engaged in this service, it would be at tended with vast expense to push the survey further than lias been done, without much probability of the State ever being reimbursed for such an expenditure. W’hat disposition should be made of the uusurveyed lands in Ware, consisting mostly, if not entirely, of the Okofenoke© Swamp, is respectfully submitted to the Legislature. By a recent decision of the Supreme Court, a sale of certain fractional lots of lands, authorized under the act of 1547, lying in the territory disposed of under the Lot tery act of 1825, has been declared void, upon the j ground, it is understood, that the contract between the j .State aud original purchasers of these fractions (at least j in the case that was decided.) was impaired by the sub sequent sale under the act of 1547. This decision has ! not. I believe, been published, and I have had no oppor | tunitv of seeing it, but if correctly stated above, pro vision should be made by law. authorizing the Treasur ! or to pay back to the purchasers, the purchase money and grant fees, received under the act of 1*47. Other lands, declared forfeited by the act of 1*49. in the county of Ware, if not granted* by the first of Octo ber. ISSO. would have been offered for sale, at the same time and place, the newly surveyed lands w ere, but for the apprehension that the principle settled by the Su preme Court, in the decision referred to, would apply to them also. I found that many errors had taken place in issuing grants for fractions, and chiefly because no numerical book had been provided so that an entry could be made in this Department when the grant passed; hence. I thought a necessity existed for having prepared a book containing the fractional lots of land throughout the State, arranged alphabetically as to counties, and simi larly to the land lottery books in number. Such a book has been prepared with great care and labor, and sup plies a vacuum that has heretofore existed in our land books. This labor lias been performed by John T. Smith and Julius M. Patton, for which a fair compensa tioa should be allowed them. RESPITE.?. Brinklev Bishop, convicted of murder in the county of Bibb, James Norris in Butts, James Johnson in Bald win. and Garland D. Cornett in Morgan, have been re spited to December next; Bishop to the 12th, Norris to the sth. Johnson to the 26th, and Cornett to the 19th. Copies of the evidence upon which the several convic tions were founded, with the petitions in each case, are respectfully transmitted to the Legislature. MISCELLANEOUS. I felt it my duty to withhold my approval of two Acts of tho last General Assembly, aud two resolution-, which are transmitted to the respective Houses of tho Legislature, in which they originated, with my object tions to each.