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p.Y JAMBS GARDNER, J«.) AUGUSTA. GEORGIA. WEDNESDAY MORNING. NOVEMBER 7, 1849. VOL. XXVIII.—NEW SERIES.—\ Ol iv -NO. ->iis
(.(U ERNORS HENSARE.
KX E( Iri lV K DF.P ARTM ENT. )
AIn.i.KUGKv ni n. Nov. G, 1849. )
i'elkne citizens oj the Senate,
and of the House of Kepteuenfolives :
As the Representatives of the people, you
have convened to perform important public
duties.
The simple machinery of our form of gov
erment, by the operation of which this re
sponsible trust is confided, is not to be appre
ciated more for the power and confidence con
ferred upon you, than the quiet and almost
imperceptible process, by which, without com
immon, those who lately occupied the places
you now till, have been disrobed ot authority’.
In your deliberations as to the best means
of directing aright the destiny of our growing
•State, ol developing its resources, and eleva
ting it* character, you will not be unmindful 1
that “wisdom, justice and moderation, should
be your guides and the mark ot your highest
ambition.
The operations of the Government since the
adjournment ot the last General Assembly, it ■
is made my duty to lay before you. Inde-.
tmling the transactions of a period ot two j
years, it will not be remarkable if I should j
fail to impart to you the interest felt by my- i
self in some of the many subjects that will be
submitted to your consideration; or, it in the
attempt to do so, 1 should be adjudged as tres
passing upon the limits prescribed, by go*>d
taste, for communications of this character.
It will be seen by reference to the last mes-
Sa* r e ot mV’ predecessor, that the public, debt
at that time was GO. (This sum
exceeded the true amount as has been ascer
tained, $1,000.) At the session of 1847,
576,000 were appropriated for the completion j
of (he Western and Atlantic Railroad, and
8k22 222 22 for the payment of the claim of
Voter I'rczevant —making an entire public
debt ami the liabilities incurred by the acts ol
1847. $1,976,097 32 on the Ist day of Janua
ry, 1818.
The bonds directed to be issued for the com
pletion of the Western and Atlantic Railroad,
and for the payment of the claim ot Peter Treze
vant, were prepared with as little delay as
possible ; the former wore placed in the hands
of the Ghief 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 dis
charge of his claim against the State. In ad
dition to the Bonds referred to, before the
close of the last session of the General As
sembly, it was found necessary to make pro
vision for the discharge of sundry obligations,
entered into by Gov. Crawford and the late
Chief Engineer ol the Western and Atlantic
Railroad, (Mr. Garnett.) with certain hanks
and individuals, secured by the hypothecation
of the State's 6 per cent bonds, amounting to I
the amfregate sum ot $188,600. 1 his class of
DO O ■
bonds was made to draw interest at the rate ot
7 per cent per annum. From the neat style
in which they weie gotten np, the facilities
extended to the holders in collecting the in
terest as it falls due, at convenient commer
cial points, an additional value was imparted
to these securities, that enabled me to ellect a
satisfactory arrangement with this class of the
public creditors, by the substitution of the
new issue of 7 per cents, for the hypothecated
bonds of an equal amount, and also to redeem
the obligations of the late Gov. Crawford and
Chief Engineer, although, in a few instances,
past due.
In romns*nicating this arrangement, it is
gratifying to state, that no additional burden
was imposed upon the Treasury, except the
small expense incurred in preparing the bonds,
Conducting the negotiations, and the differ
ence between the rate of interest of the bonds
hypothecated and the issue substituted under
tile act of 1847. Under an act, passed at the
late session, for the relief of the Central
Bank, bonds to the amount of $226,000 w’erc
issued in 1848, and $237,000 in the present
year, to meet the accruing liabilities falling
due in the same period.
At the close of the fiscal year 1847, the
bonded debt of the bank was $600,452 80 -it
is now reported to me by the cashier, to be
$447,000. The $600,462 80 were drawing
8 per cent interest, the present amount 7 per
cent. By the sale of the bonds issued in 1848
and 1849, there has been a saving to the bank
on the interest account 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 regis
try of all the bonds issued under the authori
ty of the different acts passed in 1847, has
been carefully kept in this Depntment, which
shows the number, date, w hen and where re
deemable, the rate of interest and when paya
ble, and every material fact descriptive of the
bonds and the coupons thereto attached.
Measures wa re taken, at an early day, to
engage the services of a reliable house in Eon
don, to whom remittances could be made to
meet the interest, as it falls due on the foreign
debt, which is now reduced to 4116,000—the
entire balance of the sterling bonds held by
Messrs. Reid, Irving .X Co., amounting to
£16,130 G, with interest and commissions hav
ing been paid early in 1848. Ihe act of the
22d Dec. 1843 having provided a fund for the
dischargejufthe Reid, Irving & Co.’s debt only,
and not a permanent sinking fund, the in
quiry naturally arose at the close of the last
year, Mto what application should he made
of « balance, which it was then ascertained,
would be in the Treasury, at the close of the
present year. Believing it to be my duty,
not to permit a large sum of the public money
to remain in the treasury idle and unproduc
tive, and being sustained in this view, by the
Financial Committee appointed at the close of
the fiscal year 1848, 1 adopted the suggestion
contained in their report herewith transmitted,
»nd redeemed of the bonds issued under the
’ tof 1847 for the completion of the Western
v Atlantic Railroad, the sum oi $76,U00.
As a part of the inducement for the selec
tion ol these in preference to other securities,
1 might mention that a most advantageous
contract had been made by the Railroad con
tractors with the Coalbroukdale Company’, of
Great Brita n, for the delivery in Savannah of
the iron necessary to the completion of 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 below
its market value at that time, as an additional
security. In any event the interest of the
Stale was abundantly protected, and by it the
completion ot the Road will lie accomplished
at an earlier day than could have been antici
pated without this assistance. The step b
also deemed defensible on the ground, tha
bonds at 7 percent. interest,amountmg to mun
than six hundred thousand dollars, for thi
relief of the Central Bank and the reduction o
the hypothecated bonds already referred to
had been thrown upon the market, and wer
preferred securities by purchasers—and con
aequently expelled the six per cent Railroa;
bonds, or forced the holders to sub nit to a re
—--
i
auction equivalent to the difference ol in- |
terest in the two securities. This inequality !
in the value of the bonds, produced by the !
different rates of interest, was embarrassing, i
ami threatened serious delay in the comple
tion of the Road; it was, however, in some
measure, overcome by the policy adopted, and i
trie necessary funds to prosecute the work of
extension were obtained.
Serious inconvenience results to the holders i
of our State securities issued previous to the \
year 1848, —from the necessity imposed of i
having to present them at the hoard of the I
Treasury, fur the coupons to be detached in I
the presence of the Treasurer, before the pay- 1
ment is had, or to obtain the signature of that i
officers on the back of each coupon payable i
during hia tei mos office. The sole object of (
this requirement was to prevent frauds upon t
the Treasury. If it could be relied on above i
all oilier means lor this object, it might be do- ]
tended with propriety ; but this is not believ- <
ed to be the case. It is thought that the plan 1
adopted, in the issuing bonds during the last ]
ami present years, ot having, the coupons sign- s
ed, numbered, and dated, and a correct regis- i
ter of the same kept, is the moat reliable mode i
of detecting any imposition that may be at- i
tempted on tlie Treasury. i
No good reason is seen why all of our bond- i
holders should not be placed on the same foot- t
nig; ami certainly our curly creditors are en- j i
titled to as high consideration, and should have (
as many facilities afforded them for collecting 1
their interest, as those of a later period. As t
an additional reason, it may well be consider- i
cd whether _ the obtaining of a icgi-iter of all
the bonds issued b\ the Stale, which is not >
now the case, would not justify the expense j t
and labor of preparing new bonds, to be sub- j s
stituted in the place of the old ones. The sub- j i
joct is commended to your favorable consider- i
ation.
The Reports for the financial years, 1848 i
and 1849, of the Treasurer and Comptroller i
General, are herewith transmitted. By law s
it is made the duly cd the Treasurer to submit «
to the General Assembly, estimates of ihopro- i,
liable receipts and expenditures of the Gov- t
eminent for the next two years. I
This officer, from the very nature and char- i
acter of his duties, is made the authoritative t
medium by which you, and the country, arc t
informed, ai the opening of each session, of i
the amount ot income received from all sour- s
cps and the actual expenditures for the two 1
preceding years—and the estimated receipts <,
and expenditures for the two preceding years (
—and the estimated receipts and expenditures
for the two succeeding years, tor your guid- ;
anoe and direction. My attention, on first en- i
tering upon the duties us the Executive Office, l
was turned to the Treasurer's Report, submit- j
ted to the Legislature of 1847, and more espe
cially, as the reliability of that report was vir- I
tually endorsed in the late Governor’s com- i
municalion, by adopting it as the basis of the
financial measures recommended by him to
the Legislature for adoption. i
By comparing the estimates submitted lu i
the General Assembly in 1847, of probable ro- ;
ceipts and expenditures for the political years i
1848 and 1849, with actual receipts and ex- i
peuditures lor the same period, the result will i
not fail to convince you how little reliance is i
to be placed upon all estimates of income and t
expenditure, made under the present tax act. I
What is true of the two last years. will be ]
found to be also true of the two previous years. ,
This comparison is not invited with the re- i
molest view’ of reflecting upon the capacity or ,
integrity of the Officers in charge of the Trea- j
sury at the periods referred to; but my object i
is higher—it is to show first, that the fault is ,
not with the officer at the head of the Treasq- i
ry, but with our whole system of collecting
revenue; and that as long as it is maintained, (
results arc, and will continue to Le, exposed to
great fluctuations: and, secondly, to expose
tire unreliable data, upon which, 1 felt it to
be my duty to reject the tax act of the last
session, among other reasons, because ot its
apparent insufficiency to raise adequate in
come to meet a'l charges upon the Treasury.
it will be seen that the sum of $67,361 62
was the total available balance in the Treasury
at the close of the present financial year; from
this sum, are $26,172 21 of undrawn appro
priations, $16,199 30 of the tax for the year
1860 collected, ami $9,626 60 d vidends on
“Education Fund,” to be deducted, leaving a
surplus at the close of the fiscal year just end
ed, of $17,631 51. Os the undrawn appro
priations, it is probable that $3,000 will revert
to the Treasury—making the actual surplus
alout $20,534 50— subject to any future ap
propriation the Legislature may make. It is
not believed that h higher rate of tax will be
required, if the present system is continued ;
nor do 1 feel at hbert) to recommend any re
duction. This must depend, in a great meas
ure, upon the appropriations, ordinary and
extraordinary, ut the present session, and the
sum that may finally be established by law as
an annual sinking fund—a measure that should
claim your early attention.
The public debt is now, $4,828,472 22. Os
this sum, less than $23,000 are payable in Jan
uary, 1868, and SIO,OOO in July, 1863. The
balance of our bonds are payable from 18 63 to
1874 making the entire public debt redeem
able in twenty-five years.
To provide a sinking fund for this object, in
equal annual installments, would require leas
than $74,000.
If the balance of the debt contracted for the
extension of the Western and Atlantic Hail
j Road, of $300,000, be deducted in your esti
mates, 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.
This amount at least, should be provided
[ by law as a permanent annual sinking fund;
and in addition, it is recommended; that au
thority be given to apply to the same object
t ) any surplus that may be in the Treasury at
i I the close of »ich fiscal year.
j By the adoption of the policy suggested,the
• ’ public debt can be fully discharged at or before
, ! the respective periods, at which our bonds
i j fall due. by a process certain to sustain the
. i par value of our securities, and by imposing
f upon the people a burd*n so light as to pro
f i duce no derangement in business transactions
; I or discontent in the public mind.
In the foregoing statement no estimate is
j I made for the ultimate liability ot the State on
/ i account of the Central Bank—w hich, though
1 not yet ascei tained, it is believed will not tall
p short of $200,0d0— and for the payment of
e this amount, when it becomes due, provision
1 : should be made.
-1 Among the interest ng subjects that will
is claim \ our attention during the present ses
it sion, is the adoption of a system of finance,
'« equal in its burdens upon all interests, and
ie at the same time, adequate to the wants ot the
jf State, i entertain the opinion that the true
j, policy of the State in raising revenue from its
re citizens, is never to demand more than its no
i- cessities require, on the one hand, or fail in
id exacting an adequate sum for that purpose, on
b- the other. It has long been a source ot regret
and surprise that a system of finance uccom i
plUhingthis object, has never been adopted, j
In reviewing our legislation on the subject, it '
will not fail to occur to you that interesting as
it is, and involving, as it does, the essential i
principles of good faith in every monetary i
transaction by the Government, as well as the )
most delicate of all relations between the re- I
preseutative and constituent, it has shared i
most sparingly of the care and deliberation ot ]
those to whom the subject has been heretofore i
committed. Since the year 1804, but little t
has been done in the way of improvement to i
the system then adop!ed. Did this proceed i
from the conviction resting upon the public
mind that the system then adopted was just t
and equal, or that it was reliable for its certain »
tyin bringing an adequate supply to the Trea- t
suiy ? Or did it originate from the want ot £
moral firmness, or iudustay to investigate, ex- 1
pose, and reform a system wrong in itself, be- f
cause of some imaginary dread of the consti- t
tuent ? If the latter, be assured that the re- i
preseutative has nothing to fear from his con- t
stituents, if his measures are just and equal to a
all. The people are honest; they are just,and a
expect of you the adoption of measures in strict c
unison with those noble principles which will f
ever receive their cordial greeting. c
Whatever, therefore, may he the wants of
the State, created by proper legislation, hav- i
ing due regard to economy, every right-mind- <-
ed man will cheerfully contribute his quota, f
I'lace your tax act upon the plain principles of '
equality ol burdens and equality of benefits, t
and the people will sustain you. Viewing as t
an evil of no ordinary magnitude the present )
system ot specific taxation, with odious dis- s
criminal ions iu reference to property and per- fi
sons, I feel it to be an imperative duty, must e
respectfuly but earnestly, to urge upon you its c
repeal, and the adoption of an ad valorem tax. t
In offering some of the reasons that should t
induce the change, 1 would not be understood
as regarding slightly others that will readily I
suggest themselves to you as worthy ofconsid- s
elation, much less will the limit I have pre- t
licribefi for myself, permit me to say all 1 could c
desire on this important question , much is, c
therefore, confided to the calm deliberation r
and patient investigation of the representatives
chosen by the People, in guarding and pro- '
tecting their interests in respect to tins as well t
as other subjects. Two considerations, in the '
adoption of a system of finance, should be c
kept prominently in view ;hi st,the certainty of i
obtaining the requisite amount to meet all the i
exigencies of Government and no more, —and r
secondly, so to equalize and discriminate, if <
you please, between the different objects of i
taxation, as to make the available or produc- i
live property of the State bear its equal, and I
ju»t proportion ol the burdens of Government. [
Upon the first branch of the subject, it may >.
be safely assumed that the income from taxes, <.
under the present system, cannot bo estimated i
with certainty, or an approach to it. *
The truth of this position is fully shown by t
reference to the amount of income received t
unde;’ the present tax act for the lust several s
years. Although the amount received has
increased annually, it is apparent that causes, <
not remote or improbable in their occurrence, '
may intervene varying the income to an a- 1
mount not anticipated, and bringing in its i
train disasters highly prejudicial, if not abso- i
lately ruinous to Slate credit. If your ex- (
peuditures are based upon any given amount i
of'income, under the present mode of levying <
and collecting taxes, you may take the hazard I
of a redundant Treasury, which is grossly un- <
just to the People, or, if possible, the still i
more perilous hazard of failing to provide a
sum adequate to meet the jus: demand upon I
the Treasury. It may be no dillicult matter >
to ascertain the amount required to meet the <
current expenses of the State, but none would
have the hardihood to assert what is to be the
income from specific taxation under the pre
sent act, or any other based upon the same '
principle. From the very nature of the pro
perty assessed, the fluctuations in its value, i
the elasticity of conscience, or change ot opin
ion, as often exhibited in regard to the quali- '
tics of real estate, a degree of uncertainty
and doubt must ever attend the present
mode of raising revenue. The evil of the pre
sent system does not stop here, but is felt by
the State in every business transaction ; we
have a public debt, small it is true compared
w ith our abundant resources and the known
good faith of the State, yet it is not to be dis
guised that capitalists, in seeking investments
in State securities, scrutinize, with vigilant
and searching minuteness, every feature of
the financial system upon which the State
throws its securities into the market; and if
uncertainty in providing adequate means to
meet all demands, is believed to be even a re
mote possibility, to that extent at leist, your
credit is depreciated and the character ot the
State thus injuriously affected. If, therefore,
for no other reason than the remote possibili
ty of the mortification all would feel at the
depreciation ol State credit, growing out of
the state of things here alluded to, it seems to
me timely and wise measures should be adopt
ed at this Session to put aq end to such fears.
If it be said that years of experience, under
the existing system, have demonstrated its
adequacy and reliability, and therefore, no
change is demanded, let me remind you that
one of the prolific sources of income, receipts
from lands, which hitherto so opportunely
supplied all deficiencies, can no longer be re
lied upon ; that source is exhausted, and we
are now forced to fall back entirely upon tax
es, income from bank stock, and the re
ceipts of the State Road —all of which aro
involved in too much doubt, perhaps, to form
the basis of reliable estimates. Hut if the nett
income from Railroad and Bank Stock,
should swell the amount of out receipts a
quarter or half a million annually, or any
other sum, it would but strengthen the argu
ment —as, in that event, it would be necessary
only to raise by taxation a sum sufficient to
supply the deficiency from other sources. —
But lh* subject remains to be considered in
another aspect; one that must commend it
self to the head and heart of any candid mind.
The present system, it must be admitted, rests
unon no fixed principle of either specific or
ad valorem taxation ; it presents the singular
enough aspect of patchwork —of a capricious
ill-digested, and miserable expedient, that may
answer its purpose for the brief period of two
years proscribed for its duration, and then to
he thrown aside to give place to something
else of lik- duration, with no higher claims to
public confidence than that which preceded
it.
But the objection is not confined to the tem
-1 porary character of our tax laws, or the eon
■ sequent necessity of biennial legislation upon
, the subject, leaving the public mind agitated
and in doubt, but to the inherent difilculty, if
: not impossibility, of establishing a durable and
; permanent system of finance upon erroneous
i and unjust principles.
No system of taxation which Joes not bear
r equally upon the property of the w’hole peo
i pie, can be just. The properly of every citi
t zen is equally protected by law, and therefore,
natural justice would seem to demand that ii
should contribute equally to the support of
Government. The maxim that I Equality is
Equity, is peculiarly true in raising an in
come lor the State; and though a vise discri
mination in some instances in favor of specific
property, with a view of stimulating produc
tion in which the public at large may have au
interest equivalent to the surrender of its due
portion of taxes, may be tolerated as an ex
ception to the rule to be continued for a sea
son, yet these exceptions do not impair the
essential, just and enduring principle of ad va
lorem taxation.
Individual or political rights are equal with
the poor and the rich; in this respect there
can be no difference ; and, therefore, if a poll
lax is imposed at all, it should be set apart and
applied to objects of education, in which a’ 1
have an equal interest, whatever thei- condi
tion may bo. But as regards property, this
equality is not found to exist; and as Govern
ment is as much bound to protect and defend
the citizens’s right of property, as it is his per
sonal or political rights, so in the same ratio
as the aggregate property of one citizen ex
ceeds that ot another, should your system of
finance exact eontrioution of the one over the |
other for the support of Government.
With these principles kept in view, it re- i
mains to be seen whether the present system
ot specific taxation falls unequally upon dis- |
ferent interests, and therefore unjustly, and !
whether the ad valorem system would remedy I
the evils now supposed to exist. In reterence
to the gross and palpable inequality of the
present tax law, it is so universally under
stood and acknowledged, that it might be re
garded as a useless waste of time to enter into
any detailed statement on the subject. If the j
objects of taxation be considered in reference
to Agriculture, Commerce, or Manufactures,
the inequality is striking.
The classification of lands operates unjust
ly. Lands of equal value, situated in different
sections of the State, and in some instances in
the same county, are subject to a different rate
of taxation, nor is it believed that any classifi
cation or real estate can be made that will re
remedy this defect.
The same remark is true of slaves, on all of
whom is imposed a specific tax irrespective of
their true value—making the tax on a slave
worth one hundred dollars the same as upon
one worth a thousand. Not only does this
inequality exist in regard to the agricultural
interest, but when it is contrasted with the
commercial, we are again astonished at an in
equality as impolitic in principle, as unwar
rantable in its discrimination. If Commerce
is injurious to the State, strike at it boldly ;
but if it is essential to the well being e.f tlie
people, conducive to ilmir prosperity and hon
orable in its aims and objects, abstain from all
discrimination against it. Instances might bo
multiplied, more fully demonstrating the in
equality of the present system of sollecting
taxes, but sufficient has been said, it is hoped,
to insure your patient investigation- -the re
sult of which I cannot permit myself to doubt.
'The benefits resulting from the substitution
of the ad valorem principle over the specific,
would be to invigorate and stimulate every
branch of productive industry; to give quiet
and confidence to the different interests by
equalizing the burdens of Government; to se
cure to vour Treasury. ;>t nil times ami umbo
all circumstances, adequate means too meet
all the exigences cf the State , to diminish the
taxes by raising no more money than is need
ed, relieving the poor by throwing the bur
den of taxation upon the property of the more
wealthy ; placing your public credit beyond
the reach of false friends or open enemies; in
spiring the people with confidence in the gov
ernment , substituting equal and just laws for
unequal, unjust, and oppressive ones.
These may be regaided as some of tho hap
py fruits to be produced by the proposed
change.
Can it be believed that the people, so deeply
interested in this measure, will not give it
their warm and cordial support? To think
otherwise would be a reflection upon their in
telligence, and 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 Engineer of the
Western and Atlantic Rail Road, as required
by law, tLr the last two fiscal years, with the
accompanying documents, are herewith trans
mitted. It must prove a source of gratification
to every friend ot internal improvement, to
see the progress with which this noble work
has advanced almost to final completition re
tarded as it has been, from the period of its
inception to the present moment, by obstacles
the most embarrassing. Whatever difference
of opinion may have exist ed 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 foster
ing care, which, in the end, will abundantly
reward them for the heavy expenditures ol
their inoqey in iU construction and equip
ment.
The certainty of an early completion of this
Road, is no longer problematical. This opinion
is formed, not merely from the annual report
of that able and efficient officer, the Chief Engi
neer, hut from a repent communication receiv
ed from him, containing the gratifying intel
ligence, that by extraordinary and almost un
paralleled efforts, the faithful and skilful con
tractors succeeded on the 31st ultimo, in push
ing the heading of the tunnel entirely through
the mountain. This achievement, being the
first of the kind in the South, will stand as a
monument of Georgia enterprise. The moun
tains have yielded to our industry and pre
severance, and the chief obstacle to the accom
plishment of this great work, is now overcome
Before your abjournment, the completion
ol the Road may be looked to with infallible
certainty, The entire grading is finished, tht
track laid within seven miles, or less, of Chat
tanooga, and the two remaining unfinished
bridges so far advanced, as to cause but a few
days’ delay in laying the rail.
This work being finished, the duty will de
volve upon you of enacting such laws, con
stituting an organised and authoritative sys
tem for its government, which this new stah
>f things may, in your judgement, require
Heretofore, it has been the policy 01 Georgia
to make the Executive the head and respon
sible functionary to the people, for the faithfu
management of your Asylums, your Penilen
tiary, i*nd lately your Public Works. The ac
cumulation of lab >r, mental and physical, t
say nothing of the responsibility inseparabl
iucideht to the increased duties, may, in you
i estimation, deserve a passing notice. Expe
I rience and observation have satisfied me th«
f your Rail-Hoad, will be managed with efheien
I cy and impartiality in proportion as you re
i duce the number with w hom responsibility
to be divided. Among the objections to cot
r stituting a Board of Directors, may be met
- tioned the want of unity of action —the toti
- absence of that spirit -moving promptness ii
», dispensable to elficiencyj and the indolem
1 and inattention to pu'dic duties which result |
i from the division of responsibility.
Whether it is safe and proper to trust so j
great an interest in the hands of one man, does |
not become me to say. It is to be expected
that your attention will be directed to the
subject, with the hope that it will undergo a
thorough investigation, and such change be
made lor its government, as will best advance
its inf, rests. Connected with the adjustment
ot a system for the government of the Wes
tern and Atlantic Rail-road, may be consider
ed the propriety of detailing a portion of the
convicts, and placing them at A'danta, or some
convenient and suitable point on the Road, for
the purpose of manufacturing freight cars,
repairing engines, and performing generally
such work as the Road may require.
it this suggestion is followed, provision
should be made by law lor the construction,
at the point selected, of suitable buildings for
workshops and cells for confinement. While
it is conceded that the uloption of the scheme
suggested, would involve a considerable ex
penditure, it is believed, d it be the policy ot
the State to work con vict labor on its own ac
count, a more judicious and profitable appli
cation ol it could not be made. Having briefly
: alluded to some o! the considerations deser
j ving your notice in reference to die govern
! incut of the road, there remains to be presented i
I others of equal, if not greater, magnitude. It i
; was believed lobe a duly to indicate on the
i first opportunity presented, which occurred
just two years ago, not merely my desire to
see tha R»il Road finished to (‘ luttanouga, but
that it be done without increasing the public. :
burdens, or creating the necessity for increas- l
ed taxation. The act of 1917, appropriating
j three hundred and seventy-five thousand dol- i
lars cf the bonds of the State, for the complc- i
lion of the extension from Dalton to the ter- i
minus in Tennessee, contains an express pro
vision that the net income, after extinguishing
all existing liens on the Road, which amount
ed to the sum of one hundred and thirty thous
and dullars, should be applied to the pay
ment of said debt. Believing then, as now, if ,
by loaning the credit of the State, in the form
ol its securities, payable atja future day, the ;
completion of the Road could tie accomp ish- (
ed, that the increased receipts thereby secur
ed wop Id nut only relieve the Legislature from i
the necessity of providing for their payment (
hy taxation, but that an income from this ]
source might be relied upon to aid in the liqui- i
dation of the pre-existing debt.jl felt no liesita- |
lion in giving the bill my sanction. What ,
was belief at that time, has assumed the mure ,
solid form of facts at this.—Then, as now, the ,
lim ot railway wan but one hundred miles, the
receipts then as compared with the last two
years, ending 90th ultimo, shew an increase of ,
the pro ent over last year of I f per cent, and
47 per cent, increase over the yea, lb 17. This
shews the wonderful and progressive develope
menls of the resources us opr Jitate, in two
years, fiy means of the stimulus of the Hoad,
acting mainly upon our own people, The
vul ies between the almost innumerable ledges
of mountains to bo mol with in that section of
the State, containing large tracts of land equal
in fertility to any in the valley of the Mississip
pi, have been hitherto locked out from trade
by natural barriers; the inhabitants, from al
most insurmou dable, difficulties in obtaining
marlcor., were deterred from all to pro
duce much beyond Urn requirements of domes
tic consumption; but now, they are being
aroused to action and to enterprise by the stim
ulating and magic influence of accessibility to
the markets of the world. None can anticipate
the capacity of this interesting region for agri
cultural products, to say nothing of its mines
pud minerals. It this be Iran, —and the receipts
of our Hail-Hoad prove it to be so,— what must
be the increased business us the Road, when
the hardy and indu-tri >us citizens of the
mountain regions of Tennessee, are aroused by
the inducement of u. home market at remuner
ating prices? Will not their efforts be invig
orated, and shall we not see the swelling tide
of commerce rolling down from that region in
such quantities, as will bring to our Treasury,
solid and tangible evidence of the wisdom of
completing the Road to the Tennessee river l
In this picture, imperfect asjit is, of our pre
sent and future prosperity, let us riot he un
mindtul that much yet remain-, tu be done to
perfect and equalise, as far us practicable, the
advantages and benefits of a judicious system
of Internal Improvements, that will meet the
wants of every section. To travel on the
smooth path of prosperity, it is of vast impor
tance that we keep steadily in view thosacre J
principles of good faith to all men, and in all
thorns; therefore, lei me, in the most respect
ful manner, recommend that no temptation,
however strong, induce you to permit the net
proceeds of the Rail-road to be applied to anv
other object, until the last farthing of the ex
isting liens be fully discharged. When that
1 is done, we have an ample field for the exer
cise of a powerful element in the advancement
of the social and intellectual condition of our
youth. By prudent economy and wise forecast,
the receipts from this Road, after discharging
the just charges against it, will furnish a fund
i by which a system of common schools can be
I extended throughout the .Slate,
f- It will be a proud day for Georgia, when
■ by her 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
1 the wisdom of her measures, she can boast of
2 not having aa uneducated son or daughter
a within her limits. These are the prominent
- objects to which your deliberations should be
- directed; they are worthy the consideration
* of the statesman, and, if accomplished, will
e command the admiration of posterity.
II Hy an act of the Legislature, approved 22d
*• December 1343, the Governor was authorized,
e under certain restrictions, to dispose of the
W. and A. R. Road. Without questioning
d the expediency of the enactment at the time
•v of its passage, it may be safely assumed, that
the true interest* of the State, as well as the
>• subsequent liens created by law upon the
Road, preclude, from the minds of ail, the pro
i- priety of a sale upon any terms, and espe
e cially such as arc contained in the act. It ia
-• therefore recommended, that the 4th, oth, utli
a, and 7th Sections of add act be repealed,
i- A difference of opinion with many intelli
d g. nl men, as to the true location of the State
i- Road, very naturally subjected the Corps of
> Engineers in charge of this work to strung
b» suspicious of consulting their own rather than
lv the public interests; with a view doub less of
Jr removing, as tar as possible, all temptation
c* from the agents ot the State engaged in the
at prosecution of the work, as early as December
a- 1339, an act was passed, prescribing au addi
e- tional oath to be taken by the Superintendent,
is Commissioners, Chief and Assistant Engi*
u- neers, by which these officers are prevented
n- from purchasing any real estate or interest
tal therein within three miles of the Road
n * Whatever may have been the necessity at that
ice time for such restrictions, it will be adrmttec
I "° lle T,' h now , ‘ XISU(; the Uoa.i is located ;
! the public cannot be made to >ield to private
I "•tcrosts; mid the disabilities under which
this class of officer* are placed, are not called
tor by any corresponding good to the public.
Restrictions to the full exercise of a citizen’s
equal rights should be cautiously, and seldom,
it ever, adopted, ami the reason for this pro
vision of law having long since ceased, it is re
commended that it be repealed.
By refc fence to the Report of the Chief En
gineer, it will be seen that, from the papers
on tile in his office, the right of way for tho
Road through about two hundred tracts
cl land, has not been obtained. It is to be re
gia'ted that eaily steps were not taken to se
cuie tins object, as it is apparent the delay
has greatly multiplied and increased the diffi
culty of us accomplishment. Os this num
ber, one hundred and sixty-eight are in this
State, the balance in I’euuessee. Under the
existing law, except in cases where the amount
ot damage is agreed upon by the Chief Engi
neer and claimant, there is no authority, 'or
tuud provided, for its payment; and as a large
majority of the easespire most likely to be ac
commodated by a submission to referees, as
•ww provided by law, authority should be
given lh* Cnief Engineer to make such pay
ments out of the proceeds of the Hoad, or a
specific sum appropriated from the Treasury
tor that purpose.
1 rom the Report ot the Principal Keeper of
the Penitentiary, which will he transmitted,
it w ill be seen that the balance in favor of
profit, from the 3d Jan. IS4» to the close of the
u-cal year, is stated to be $21,353 ,59. This
lact is the best evidence of the ability with
which the institution has been managed.
Ureal attention has been paid to strict econo
my, and no expenditure of money has been
made not absolutely required. Though, it
was not anticipated, I apprehend, in substitu
ting Penitentiary punishment for the pillory
and whipping post, that convict labor would
prove a source of income, yet, it must be
gratifying to know, that, ordinary cif-.
cumstances, its affairs may be conducted so ss'
to prevent it from being a charge upon
•State. For the last two years, this has beeu
done, and the proceeds of the convict labor ex
hibit, it is believed, a gieater profit for the
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 appropriation be re
quired for the next two years; it is believed a
sufficient sum can be realized from the assets
to meet all exigencies that may arise.
In contrasting the indebtedness contracted
since January, 134 d. with that for the like pe
riod ot former years, the same favorable re
sult is observed. . ,
Several suggestions are made by the Princi
pal Keeper, deserving of your eoiisidoration-
The mode prescribed by law for keeping the
books, was considered so obj fiction able, bv the
Financial Committee appointed at the close of
the past year, that they recommended a
change, which was adopted, with the hope of
presenting the affairs ot the Institution in a
lom complicated form, than cduld be done uu
der the mode heretofore used.
i.. adopting the suggestion of the Commit
tee, the mode required by law was not aban
doned; and the Legislature wftl by comparison
be enabled to adopt the one or the other as
they may deem most advisable. The duties
imposed upon the Book-Keeper are onerous,
and experience has shown the necessity lor a
Salesman, whose duty should be confined io
the selling of the manufactured articles, ami
the collecting of the debts.
The Penitentiary has, doubtless, sustained
heavy losses from the system of cre .ts here
tofore established ; it would not be advisable,
perhaps, suddenly to change it; but a period
should be fixed oy law-, when the discretion,
in tins respect should cease, and it be made
the duty of the Book Keeper to put all out
standing dobts in a train for collection. It is
believed the office of Inspector may be abol
ished, and its duties performed by the Sales
man, upon requisition made of him by the
Principal Keeper. Much diversity of opinion
exists, and will continue, doubtless, in refer
ence to the treatment best calculated to pro
duce reformation with the inmates of the Peni
tentiary, It must be admitted that there is a
great diversity of character among convicts.
With hardened offenders but little, in the way
of reformation, can be anticipated from ini
priaonment; they go nut, in most instances, as
they come in—abandoned in feeling and bank
rupt in moral principle, at enmity with society,
and ever ready to commit lawless outrages
upon if, under the slightest provocation, or
when encouraged with the least hope, however
delusive, of escaping detection ; but there is
another class, differently constituted, possess
ing keen sensibility, and a quick sense of
honor, who, impelled by strong feelings, and
not unfioqnently by bad advisers, violate the
criminal law; these, on reaching the inside of
the prison wall, are made the equals of the
black-hearted robber, the contemptible 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.
The effect of such associations is easily fore
seen. I n 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 respects
upon the same footing, without any power ou
the part of the Principal Keeper to discrimi
nate, exerts, in my judgment, ou many, and
especially young men, a hurtful influence.
These suggestions are submitted with great
deference to the sound and searching investi
gation oi the Legislature—it will be for you
to determine, whether the benefits reasonably
to he anticipated fiom the change, willjustify
the greatly increased expense, that would ne
i cessarily result from its adoption.
- M cannot too earnestly impress upon you the
necessity of a thorough investigation into the
affairs of the I’anitentiary, with a view that iu
* present and past management, may be laid be
i fore the country, and even-handed justice
done to all who may have been or are now
- connected with it.
3 The last Legislature passed an ant declaring
f certain lands in the county of Ware, forfeited
y to the Slate, and provided for disposing of the
i same. By the provisions of the Statute, the
if lands sold under an act of the General Assern
a bly, passed 23d December, 1833, and which
e were not paid for and granted at the passage of
r the law, were declared forfeited. If the power
- be conceded to the Legislature to rescind at
pleasure a contract made with her citizens for
* the purchase ot lands without previous notice
d of such intention, still as the act in question
st is the only instance recollected where the pow
1. er has been exercised, it was apprehended any
it attempt to carry out the provisions of the law,
d would have involved the State iu expensive