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JAMES GARDNER, JR.
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TRAJfSIJITIO.\ r FROM AtfACREOJf.
ODE ON A GIRt .
The child ol Tantalus once stood,
A stone—on Phrygia’s height;
The child of Pandion turned
A bird in airy flight;
But I would be a mirror
That on mo thou shoald’st stare,
I would become a tunic
That always thou might’s! wear
1 would be com • the wt ter
That in me thou should'st dip,
I would become a perfume
UJ maiden, for thy lip
A kerchief for thy sweet neck,.
A pearl bead for thy head,
A sandal for thy pretty foot.
So on me thou would’*! tread.
THE ROSE.
Translated from the Italian hy Dr. Dickson, of London
Sweet Rose ! all charming as thou art,
Go to the bosom of the fair
But faithless nymph who holds my heart,
And shed thy sweetest odors there.
There, happy m her smiles, be thou
Os all 1 ledintcrpieterj
And n soft whispers tell her how
i live, I love, I burn for her !
And when thy head shall languidly
Upon her snowy breast decline,
Ray to her then, sweet Rose ! that 1,
Dying, shall woo n death like thine !
[ Knickerbocker.
j K eportsdfor the Baltimore Smu.]
Thirty-first Congress— Ist Session.
Washington, Dec, 10, 1849.
SENATE.
Messrs. Berrien, Douglass and Yulee ap
peare 1 in their seats.
Mr. Sewnrd obtained leave to withdraw the
petition and papers of Ronley, Livingston &
Co., for the purpose of sending them to the
House of Representatives. The Senate then
adjourned.
' HOUSE OF REPRESENTATIVES.
The House met at 12 o’clock. The journal
of Saturday was lead. Then
On motion, by Mr. Went ’• orth, the House
resumed the contest for the election of a Speak
er. The tellerti heretofore published again act
ed as such.
’The following was announced as the result
of the several Vrtes, vie :
,29th. 30th. 31st. 32J.
Winthrop 102 102 101 101
Cobb, 6 5 5 10
Potter, 76 77 78 1
Boyd o 4 5 15
Richardson, 110 0
Green 10 12 10 5
Wilmot 6 6 6 6
Gentry b 5 5 5
Meade 1111
Mi11er,.... 3 4 3 3
McClernand, 0 0 0 1
W. J. Brown 2 2 2 33
Me Willie, 1 0 0
Stanton, of Tenn 1111
Bow don, 1 I 0 0
S. W. Hums, 1 0 1 0
Buyly I 1 2 0
Durkee, 11 11
Kaufman, 1110
McLane, 1 o 0 0
McQueen 0 1 o 0
H. Mann 0 0 11
Colcock, 0 0 I 0
Strong 0 0 0 3
Disney’, 0 0 0 13
Jas. Thompson 0 0 0 3
A. J. Brown 0 0 0 1
Total 221 224 224 224
Necessary to a choice 113 113 113 113
After the second vote, Mr. Levin, submit
the following proposition, viz :
Whereas, a precedent has been established by
which all the other chairs in the House have
been filled by lottery’,
Resolved, That the Speaker’s chair be dis
posed of in like manner ; and that the whigs
proceed to place the name of one member in a
box ; the demociatic party’ another ; the native
American party a third ; the free soil party a
lour’h the Jay lor democratic party a fifth, and
that the gentleman whose name shall be drawn
by the Clerk, be Speaker of tae House.
On motion of Mr. McClemend, it was laid
on the table.
Alter the third vote,
Mr. Morse submitted the following pream
ble and resolution :
Whereas, The Hon. Howell Cobb, of Qeor
glo, and Hon. Robert C. Winthrop, of Massa
chusetts have each received more than one
hundred votes, in a large number of ballots.
Be it resolved, That the clerk of the House
be requested to place the names of Howell
Cobb and Kobt. C. Winthrop in a box, and the
first name drawn out, by one of the pages,
shall be the Speaker of the 31st Congress.
He said, in submitting the resolution, that
he had had conversation with but few friends
—and unfortunately none of them agreed
with him—upon the propriety of offering it.
The proposition was intended to terminate
what was beginning to be a ridiculaus action.
The country expected the House to be organi
zed ; but there \jpre a few individuals who pre
vented it, by voting against both gentlemen
•elected by the two great parties. He believed
that one of the other of the two great part es
should have a control of the election of Speak
er. He desired, tor one, to see this matter
terminated ; and t.s one ot the two gentlemen
named of the two great parties respectively can
always command a majority, he did not think
it unfair to compel a selection between these
two gentlerntm. They are both well qualified.
If he couid see in the future any hope of a
Speaker being elected by the present process,
he could not rebut the proposition to compel
a choice between the two gentlemen named in
the resoluticn. Both of the gentlemen had
received more than 100 votes ; that being a
large plurality, made a justification confining
the House to a choice between them. As to
the'propriety of the proposition, he would only
Bay*that as grave matters as this had been fet
tled in the same way.
Mr. Brown of Missouri, moved to lay the
Dronos. ;tlon on the lable
r Mr Rood- ol Ohio, regretted that the 220
gentlemen were struggling to orgrniste the
House were in unfortunate a predicament
that they could not fA.y?mpi«U that object,
because there were ten dTkfr could
not agree with them. The tVT? great piuuj j
J had indeed brought themselves to and cu.oos
! situation when they could not organize the
House and proceed with the busine* of the
! country. If there was any thing in it more
ridiculous than another, it was the acknowl
edgement that the two great parties could not
organize the House, that they should ba com
pelled to resort to a gambling resolution —a
kind of lottery in which there were as many '
blanks as prizes—and call upon one of the j
pages thus to help them to organize the House,
He did not see any thing in the su iation ji ,
the House ridiculous.
Mr. Woodward, of South Carolina, t; >end- i
ed his action. He said he had voted for j
several gentlemen, as many from free as from
slave States. He was opposed, however, to
voting for any man as a compromise candidate
whose success would carry with it a compro
mise of principle. He had stood prepared,
when his vote would elect a Speaker, to make
a choice between the gentlemen nominated by
the caucuses.
Mr. Morse defended his proposition. Laugh
ter, he said, was no argument against it; nor
was it an answer to tell him that it was r "am
bling transaction. The House, he maintained,
had a right to select its own mode of electing
or choosing its officers,
f Mr. Brown, of Miss,, wished to put an end
I to the discussion, and moved to lay the pro
position on the table; which-motion prevailed.
Mr. Scheack moved that the House elect a
■ Speaker by ballot. He said they could vote
20 times a day that way, instead of the i or 5
by the viva voce principle. He would not
urge it as an argument, that there war a pos
sibility of breaking the party ties if the ballot
system was adopted. He thought it, however,
a good principle that the presiding officer of
the House should not know by whose vote he
was elected. The fact of the ballot system
being consistent with the theory of our gov
ernment, recommended it to the consideration
of every man.
Mr. Venable hoped the proposition would
meet with no favor. He did not L Teve that
any gentleman wished to conceal his vote
That must be one of the gentlemen’s asons
for offering it; if not, why not pm e the
viva voce principle. The proposition t “ear
ed to him to be a reflection upon the ini rrity
of members, Mr. V., after some otne re
marks, said that if the election of Spea.. it
was to be made a geographical question, he
would not for one make it so ; but it was due
to candor and consistency to say that he could
not nor would not vote for a free soiler or
abolitionist. He was willing to go for a safe
man.
! Mr. Thompson, of Miss., viewed the propo
sition as a reflection upon members—upon
their independence and integrity of character,
and therefore moved to lay it on the table.
Mr. Schenck defended his propo. Ition, and
said it was not so intended. He then said he
was willing to take any gentleman from any
section of the country who couid preside over
the house with firmness and dignity.
The proposition w’as then laid on th table,
! by a vote on yeas and nays, of 162 in the
affirmative and 62 in the negative.
Mr. Bowie submitted the following resolu
tions which were read for information ;
Resolved, That the organization of this
House cannot longer be suspended without
jeoparding the confidence of the people iu
their representatives and exciting their just ap
prehensions that the spirit of prrty has tri
umphed over the deliberative rea m of tins
assembly.
Resolved, That each party, ami every mem
ber of each party in this House, is under the
most solemn obligations to cultivate a spirit
1 of conciliation and self-sacrifice, and to give
up to their country their personal and party
’ predilections.
> Resolved, That a Committee of be se
* lected by ballot, who shall recomme. dto this
> House a suitable person to fill the office of
' Speaker of the House, and that the Commit
tee report by 12 o’clock to-morrow.
The resolution was not pressed pending the
following motion : Mr. Wentworth moved
1 that the House proceed to vote again for
1 Speaker.
At this stage, Mr. Potter expressed hia
) thanks for the flattering vote given him bv
1 the House for Speaker, and begged his friends
) to withdraw- his name, as it was apparent that
he could not receive a majority.
( Mr. Sweetzer introduced a proposition, re
-1 solving that inasmuch as the House could not
* elect a Speaker, that it adjourn till the I tof
I January, 1850.
* ! This proposition he defended in a few re
* j marks, and made some reflections on the mi-
j nority, who, he said, were responsible for the
* : disorganization of the House.
1 j The proposition was ruled out of order.
' | A proposition was here made to adjourn,
1 which was agreed to, and the House adjourn
* ed till to-morrow at 12 o’clock.
The Balloting for Speaker.— The pro
r ceedinge of tho House of vo, yes
; terday are a mere seventh edition of t pro
ceedings of the first day of the session, . ther
■ revised nor corrected—indeed the prospv-C* of
J the election of a Speaker seems more distant
i than ever. The leaders of the different squads
' of impracticable* expressed themselves as fully
i determined to maintain their position to the
1 “ bitter end,” ail propositions for compromise
i were scouted, and a motion seriously pro
posed to adjourn to the first of January. The
I following is a statement of yesterday’s ballot
29th. 30th. 31st. 32d.
* Winthrop, whig, 102 102 101 101
Potter, dem, 78 77 78 1
■ W. J. Brown, dem, 2 2 2 53
Lynn Boyd, dem, b 4 5 15
! J. S. Green, dem, 10 12 10 5
D. Wilmot, f. s. 6 6 6 6
> M. P. Gentry, whig, 5 5 5 5
ID. T. Disney, dem, 0 0 0 13
■ Robt. McLane, dem, 10 0 0
> J. K. Miller, dem, 3 4 3 3
H. Cobb, dem, 5 5 5 10
t Scattering, 9 7 9 12
* The whole number of votes cast on each
I ballot was 224 —necessary to a choice 113.
On the 32d ballot, Mr. Potter, of Indiana,
withdrew his name, and it will be seen receiv
■ ed but one vote, when Wra. J. Brown, of In
* diana, entered the list as the most prominent
■ Democratic candidate. It will also be seen
i that the name of Mr. McLane, of Baltimore.
I was yesterday introduced in the balloting.
1 The candidates above named will, we pre
sume, be tried one after the other, during the
week, with what success remains to b.
i If the delay in the organization of the House
continues much longer, the President will pro
bably find it necessary to withdraw’ his mes
-1 sage from the printer’s hands to make it suita- I
ble to the time at which it may be delivered,
or add a “postscript”—unless he should make
up his mind to address the “sovereign-people,”
instead of their impracticable representatives.
Baltimore Sun 12 thinst.
The Old Park Theatre.— The New-York
Tribune says that Mr. Astor has concluded to
put up, in place of the old Park Theatre, four
first class white free-stone stores, and that an
adjoining lot has been purchased in order to
give sufficient room.
Maryland U. S. Senator. —The vacancy in
the Senatorial representation of Maryland in
Congress, will be filled by David Stewart,
Esq., of the city of Baltimore, who has been
appointed to that office by the Governor—the
Hon. B. C. Howard, who wm heretofore ap.
nointed, declined to serve.
j t
f Exs jlsion or Free Negroes from Georgia. h
1 —We have to thank our friend_Mr. Gardner,
| wh ) \ ites from Milledgeville, for his paper,
1 the C< istittitionalist, for an article on the in
human ;proposition to drive the free blacks
from ih State of Georgia. We thank him in
the nar.e of humanity lor a word, written in i
season, which does as much honor to his head i
1 as his f eart.
Th- consequences to the innocent objects of
this vindictive and Draco-like legislation,
, da be appaling, and are forcibly depicted
|by th" writer. It would be alike cruel and
j cowardly to adopt such a policy. Let it be
j borne in mind that the Southern States are
the only place on the habitable Globe, where
the condition of the African race approaches to
comfort and well being. In Africa, they are
savages, and the victims of savages.
In the free States, they are hunted like wild
beasts from the face ot civilized society, into
the haunts of poverty, degradation and wretch
edness. Here, on the contrary, whether bond
or free, they are a happy, well-fed, well-cloth
ed, orderly and contented race. Their condi
tion is better than it is or ever has been any
where else. Every thing proves this fact—
their appearance, their behavior, and that in
fallible test of minds at case and bodies wed
provided for—their increase. Let it still be
the boast of the South, that it is the only and
the best asylum on the earth for the African
race, and while a prudent policy would indi
cate measures to prevent an increase from
abroad of free black population, let us not, by
cruelty to those now here, give point and pro
vocation to the anti-slavery feeling abroad;
and make an open confession of our own cow
ardly fears. For at least, cowardice is the only
plausible plea that can be urged in favor of
the measure. We look upon the proposition
in all its forms as revolting, unmanly and
1 abominable. —Columbus Times.
I Failure op Whig Promises.—The editor of
| the Louisville (Kentucky) Democrat, who is
a wag of the first water, has the following
paragraph upon the unreliability of whig
promises :
A fellow in Cincinnati, with a long beard,
! avows that he will never cut it off until Clay
[is elected President. We don’t think much
jof these whig promises. Their authors never
keep their word. An editor in Boston pro
: mised not to give rest to the sole of his foot
: i until C'ay was elected : but he has not been
1 ! tr veiling ever since. A whig in this State
; | promised to climb a pole, feet upward, one
‘ hundred feet high, if Clay was not elected.—
! : Clay was not elected, nor has Combs climbed
the pole. Bolts, be it remembered, promised
to head Captain Tyler or die. He did’nt head
1 the Captain, and he didn’t die.
1 The editor of the “ Democrat” forgot to cap
the climax, by the failure of General Taylor’s
promises, and, finally, the utter failure of his
1 administration.
• j Californians and the “Dust.”—The return
; ed Californians have, in their passage through
, | our city, disposed of a very large quantity of
the precious metal they had amassed in the
I gold region. Large crowds were assembled yes
terday around the doors and windows of se
veral of our brokers in Camp street, gazing at
i the piles of bright golden pieces and the bass
; an ' bowls of yellow dust that covered the
, counters, and kept the smiling gentlemen at
. j Jr..lson’s, Valentine’s, White’s and elsewhere
• i i.ia continual state of activity. It was amu
sing to see the cool indifference of the dust
owner-, and diggers whilst the weighing of the
. I numerous heaps and opening and shaking of
> . bags went on around them. They stood crack
t i ing nuts or gazing listlessly at the passing
. ) throng, seeming unconscious’ of the intense
I admiration of themselves and their shining
; treas are, legible on the features of the numer
. ous lookera-on. It might be well for the Cali
s format - ., however, to keep a strict watch on
[’ their unknown admirers and friends. One of
them, who had just exchanged his dust lor
coin, was yesterday robbed of SIOO. It is sad
j to relate such evidences of vice, but honesty
[ is not, unfoitunately.so common a quality here
as in California. — Pic.
t Col. Bliss. —The Boston Post has the
’ following remarks in relation to the gentleman
whose name heads this article:
I The attf mpt to represent Col. Bli-s as so
friendly to democrats that he has shielded
muii} .of them in office frem the axe of Gen.
’ Taylor, the no-party President, having been
j exposed by the Washington Union, the Intel
ligencer and other administration papers are
furious at the failure of their little ru*e. If Col.
Bliss i so very humble, modest, and retiring
never meddling with political matters, nor
attempting to influence the President, it
shoulnot be pretended that his influence
has been sufficient to save democrats from
• proscription. Holding a commission in the
arm;, he ought to be upon some other duty
than serving the President as private secretary
His remaining near the General in tllat capa
city show? him to be very necessary, and fully
the belief of his authorship of the
f I u. icral’s despatches and letters.
c | The Sandwich Islands.— The rapidity
i with which the population of these islands is
j decreasing is realty astonishing. Four-fifths
t I have disappeared since the first visit of Captain
> ' Cook, a period cf seventy years. About one
- sixth of the remnant have died within the last
> six years. One of the oldest foreign residents
. j there, a physician, has lately avowed his be
lief that in five yeaia scarcely a native will be
, found on this island. Probably the time stated
L by him may be too short; but the result will
L certainly be realized soon, perhaps within ten
; or fifteen years. The immediate cause of this
? rapid decrease may be explained in voriou*
i ways. But the grand reason, equally applicable
i I to all Polynesians,seems to satisfy all inquiries,
• it is the destiny of the race. —Boston Courier,
; |
1 i Polio vmy. —A lady from Lynn, who has rc
• cently .aturned from the Mormon settlement
1 | at the Great Salt Lake, confirms the state
ment that the laws of the community permit
l the men to have as many wives as they can
support—the young being able to take care of
; five or six only, and the older twenty five or
thirty. —Lowell Journal.
Bayard Taylor, in a letter from California,
savs that those who return home disappointed
they have been humbugged about the
gold. The fact is, they have humbugged
themselves about the work. If they expect
to make money out of the earth without se
vere labcu , they are wofully mistaken. Os all
classes of men, those who pave streets and
quarry limestone are best adopted for gold
| diggers. *
j Baltimore Hog Trade.—The Cumberland
Civilian of Friday, says: “From the
sth ot November to the 6th of the present
month. ifty two thousand, four hundred and
seventy two hogs were carried to market from
this place over the* Baltimore and Ohio rail
road.”
The Pittsburgh Journal speaks of a patent
Suction Power Pump now being exhibited in
I that city. It says :
“ With this pump, one man would be able
| to throw water over a three story house ; and
on farms, or in small villages, it would form a
cheap and most valuable sabstitute for fire en
gines. We are informed that the United
States Government has adopted it for deck
and fire purposes on vessels and naval stations.
The smaller pumps throw twenty-four gal
{ lons of water per minute.”
THE CONSTITUTIONALIST. !
©corgia.
3 FRIDAY MORNING, DEC. 14 •
Bn magnetic (Helcgpl)
Reported for the Constitutionalist.
Charleston, Dec IJ.
Cotton.—The sales to-day reached 1600 bales,
at 9| to lOJ cents. The sales of the week amount
to 7400. The reaeipts during the same time are
19,000. The market closes with a decline of Jto
jfc. Fair and fully Fair is quoted at 10| a 10^.
f Correspondence of Ike Cor/slitutionuliol.]
MILLEDGEVILLE, Dec. 11, 1849.
There was no new matter introduced into
the House to-day
Mr. Worrell, from the Judiciary Committee
reported back several bills unfavorably. The
remainder of the morning session was consum
ed upon the tax bill. From the number and
character of the amendments, I predict that
the bill will be defeated. By the time it comes
out of Committee, it will be so disfigured and
mutilated that its author will hardly know it.
The afternoon session was devoted to read
ing bills a second time.
The Senate is going on with their business
smoothly and rapidly. But few bills were re
ported to-day. To-day being the special order
of the day, for Mr. Gartrell’s resolution from
the House, relative to the election of Judges
ot the Superior Courts,! had anticipated much
discussion upon the subject—but lo! that
which had created such a sensation in the oth
er end of the capitol,passed off silently without
any debate; and the resolution was concurred
in almost unanimously. The only thing which
seemed to disturb the equanimity of Senators,
was upon a motion to refer the “ Senatorial
Bill” after its second reading, to the Judiciary
Committee. The motion was made by Mr. A.
J. Miller, and advocated by him and Mr. Stell
—opposed by Mr. Joseph E. Brown and Mur
phey. The Senate refused to make the refer
ence by one or two majority. It was on motion
of Mr. Stell, made the order of the day for
Tuesday next.
Below 1 give you the caption of the bills re
ported, and a list of some of those which were
passed ; the greater proportion being of a local
nature, and many of them bills from the House,
which have already been reported, I deem un
necessary to notice.
DECEMBER 12.
I send you Gov. Town’s Message in answer
to fesolutions of the Legislature, in relation to
the memorial of John D, Gray & Co. It is
also accompanied by a 'Report of the Chief
Engineer, in obedience to a call made upon
him ; also the following papers :
1. The advertisement for letting out the
, completion of the Road from Dalton to Chat
tanooga.
2. A copy of the estimates which guided the
appropriation of the last j legislature.
3. A quantitative estimate of the amount of
work, and materials, &c.
4. A printed form of articles of agreement.
3. The proposal or bid of Col. Allen Coch
i ran.
6. The acceptance of his bid.
7. The contract actually entered into with
the parties therein named, founded upon his
bid.
8. The bond required of the Contractors.
The report states that bidders were not fur
nished with any estimate of prices—exercising
their own judgement, and bidding on their
I own responsability. The work done at the
| Tunnel not estimated for is set down at $31,-
i | 709. The report explains the necessity of
! lengthening'the tunnel,and the reason why ad
; ditional excavation and masonry was rendered
necessary; a great quantity of the excavation
| being rock, for which the contractors have al
ways contended an allowance should be made
but was taken by them without reference to
the materials. F.
GEORGIA LEGISLATURE.
REPORTED FOR THE CONSTITUTIONALIST.
IN SENATE, Dec. 11, 1849.
The Senate met pursuant to adjournment.
The Senate reconsidered so much of the
Journal of yesterday as relates to the rejection
| of the bill to alter and amend a part of the Ist
j 3 ection of the 3rd article of the Constitution.
I
BILLS REPORTED.
By Mr, A. J. Miller. A bill in relation to
the removal of the County site of Columbia
county—fixing a new site, building a new
Court House, Jail, and for other purposes
therein named.
By Mr. Leonard. A bill to secure to the
Rock Island Factory Company of Muscogee
county, certain privileges and legalize the
building of a dam or dams across the Chatta
hoochee river on their own laud.
By Mr. Purse, A bill to incorporate the
I Floating Dry Dock Company of Savannah.
By Mr. Joseph E. Brown. A bill to change
the time of holding the Supreme Court at Cass
ville and Gainesville.
By Mr. Chisolm. A bill to authorize the
Alabama and Georgia Rail Road Company of
the State of Alabama to extend their contem
plated Rail Hoad from the Alabama line
through a part of the county of Floyd to some
point near the City of Rome in said county, to
secure to said Company certain rights and pri
vileges.
BILLS PASSED.
A bill to authorize Jacob A. A. Riviere of
the county of Warren to peddle in the Bth
Congressional District without license, (ex
cept in the ceunties of Wilkes and Lincoln.)
A bill to provide for the compensation of
Grand and Petit Jurors of the county of Elbert.
A bill to authorize the Justices of the In
ferior Court of Elbert county to levy an extra
ta x to build a Court House in said County.
A bill amendatory of the act incorporating
the town of Marthas ville, in the county of
DeKalb, to enlarge the boundary and change
the name to that of Atlanta, and to change
the name of the town of Rome to the city of
Rome, and provide for the election of officers
and oonfer speoifio powers upon them.
A bill to change the time for holding elec- I
tions for members to represent this State in the
Congress of the U nited States.
A bill to authorize the incorporation of joint
Stock Companies for the construction of Maca
demized, Graded or Plank Roads.
The rule being suspended, the bill of Senate,
entitled an act to amend the several acts
in relation to the Georgia Railroad and |
Banking Company, was taken up when Mr. ■
A. J. Miller moved to disagree to the following I
proviso added by the House of Representatives: j
Provided, That the amount of the increased
stock of said company shall not be exempted
from taxation as is secured to the present stock
by the latter clause ot the 15th section of the
charter of said company, but shall be subject
to such tax as the Legislature may hereafter
impose. Yeas 18, Nays 19. So the motion to
disagree was lost and the proviso remain;-.
The order being resumed the following bill
of Senate was passed: A bill to provide for
the admission in evidence of exemplifications
of the judicial proceedings had in other .Mates
in the several Courts of Law and Equity ot
this State. About twenty House bills were
passed and a large number of Senate bills read
the second time,and the Senate closed its labors
by adjournment.
* Adjourned until 10 o’clock to-morrow morn
ing.
EXECUTIVE DEPART MEN f. )
Milledoeville, 12th Dec., 1849. )
To Honorable the Senate
and House of Representatives :
I have the honor to lay before both branches
of the General Assembly, in compliance with
the resolutions of the two Houses, asking in
formation in regard to the nature ar.d charac
ter of a work, ot a contract entered into o<
Messrs. John D. Gray & Co., for the comple
tion of the Western & Atl ntic Rad-Road
from Dalton to Chattanooga, a detailed repoit
of the Chief Engineer, together with copies oi
a il auch papers and documents as are believed
to bo embraced in the resolutions ot inquiry.
The Tunnel, now about being completed on
I this Road, by these efficient and faithful con
tractors, was the first attempted, and will be
the first completed, in the South ; and though
they may have brought to the task much tx
i perience in the construction ot Souihein Rail
* Roads, the field ot their operations had been
confined to a section, when there had been
little inducement offered to investigate with
great accuracydhe cost ot the untried cxpeii
-1 ment in Georgia of tunnelling ; nor is it be
lieved that many, if any, ot our oldest and
most experienced Southern Engineers, at the
time this contract was made, could claim, on
the score of experience, in a work ot this char
acter, much advantage of the contractors.
It is well kno . n, however, that this Tunnel
has been regarded for years, as the great ob
stacle to the completion of the Road ; —and it
is apprehended that the original estimate of
> the cost of the Tunnel by Col. Long, was based
upon the idea, quite prevalent, that earth
alone would be found in its excavation, when
experience has shewn that it consisted of loose
1 rock and earth of the most objectionable char
acter.
i It should be remembered that the Legisla
ture of 1847 limited the cost of the extension,
including the Tunnel, to $375,000. It it
could not be accomplished for that amount,
then it was not to be ken ; and may
not the contractors then have supposed, that
f a work of such vast importance to the interest
! and character of the S'ate, had been thorough
i Iv examined by the Legislature of 1847, before
• the responsibility ot a failure in its cornplc
* ; tion, would have been assumed by imposing
this limitation on the cost r and may not this
consideration have contributed, to some ex
tent at least, in determining tlie contractors,
1 at the peril of their private fortunes, to en
-9 gage in this work.
Under ordinary circumstances,where by pru
dence and caution, contracting parties are, or
may be, placed on an equal footing, I know
of no valid reason that would demand of eith
’ er to vary the terms ani stipulations of the
r contract entered into; but where, from the very
i nature and character of the contract, one of the
contracting parties can run no hazard, or has
f information which unknown to the other, then
to insist upon the terms of the contracts, the
* letter of the bond, strikes me as repugnant to
I that high standard of morality and liberality,
! for which, if I have one wish stronger than
another. I would have Georgia prominently
distinguished, if not above, at least the equal
of the most exalted of her sister States. If
1 it be inquired why the stipulations in the
written contract are so stringent and conclu
sive in their character, my reply is, as the Ex
ecutive Officer of the State, it was my duty
to have the same stipulated. No power was
vested in the Executive to pay the laborer the
worth of his hire; but he was directed to have
the Road constructed, provided the cost did
not exceed the stipulated sum.
It was ascertained by the Engineer in
charge, that if reasonable compensation was
allowed, the Road could not be built; —as it
would exceed the sum appropriated by at
least $23,500, in round numbers. To have
communicated this fact to bidders, would have
been equivalent to a disregard of the wiii of
the last General Assembly in appropriating
1 the sum of $375,000 for its construction—as
it is not to be presumed that a less sum than
was intimated by the Engineer, would have
been accepted by any of the meritorious bid
ders. While duty demanded of the Execu
tive and Chief Engineer the course pursued at
the time in making the contract and urging
on the completion of the work, a solemn sense
of right between the State and its contractors,
the most of whom are its own citizens, com
pels me, in the attitude in which I now' stand
to the Legislature, to recommend you to deal
justly and liberally with the faithful contrac
tors, by whose indomitable courage and perse
verance, unknown and unforeseen difficulties
haae been overcome, by which, while the
State will be enriched, their private property
may be sacrificed, “ if the just recompense of
reward” for toil and labor bestowed for the
State, be not awarded. While strong convic- {
tions have rested on my mind as to the duty !
of the State in this instance, I am free to ad- i
mit that I should not have felt it incumbent
under the resolutions of inquiry to have done
more than furnish the report of the Chief
Engineer with the documents which accom
pany it; and should have been content there
to have left the subject, but repeated per
sonal observations of the manner and perfect
good faith observed by the contractors in
pushing forward this work to its earliest pos- I
sibie completion, with a manifest desire to
make it equal to the requirements of the spe
cifications, ifcnot better, demand of me an j
unequivocal expression of my own convict ions
of justice, though I should incur the censure
of voluntarily offering an opinion on the mer
its of the claim, whtn facts only were desired
to guide the action of the Legislature.
It is, therefore, earnestly recommended that
the claim of Messrs. John D. Gray & Co. far
extra and additional compensation, be care
fully examined, and such allowance made
them as may appear equitable.
QEO. W. TOWNS.
The Mayor of Philadelphia ffU *p<J brohv
hie arm on Saturday last.
I
Increase of Georgia Kail Road Stock
We publish below from the Federal Union *
sketch of the debates in the lower branch ~
the Legislature on the bill to allow an increase
of the capital stock of the Georgia Rail Road
The report does not furnish information of ii e
result of the motion for reconsideration. We
presume it failed, and trust the bill r.s amend
: ed has gone back to the Senate and will be
! come a law.
The amendment ottered by Mr. Wigins, and
1 adopted by the House, saved the bill. It served
to propitiate the spiiit ot jealousy of corpora
I tions which exists in the House, and whi. !,
finds in Mr. Jones, of Paulding, a zeal us re;
rosentativc. The amendment was prop ,d
as a compromise, and was supported by men.
bers who desired to extend fair and reasona
ble legislation to the Company, but were un
willing to pile upon it more favor-', in the shape
of extraordinary special privileges. The pow
er of corporations is a natural object of jealous
watchfulness, and the reasons should be very
weighty, that would prevail to exempt capital
from taxation when in a corporate form, which |
in private hands would pay a revenue to the
State. •
The amendment of Mr. Wigins contained *
correct principle. It was proper in itself, and
we were pleased with its adoption.
I From the Federal Union. I IfA nut. j
In the Seriate on Saturday, a number of local
I a-id unimportant bills passed, none of which
1 elected much debate, except that prohibiting
I lawyers from giving testimony in certain cases.
I This was zealously advocated by Mr. Spullock,
[ and opposed by Messrs. Bailey and Murphy
The bill was lost.
On Saturday, in the House, an anima; • i
debate arose on the bill to authorize the Geor
gia Rail Road Company, to inorea-e its cap;
tal, build a road to Eatonlon, and take stock
in the Nashville Road, &c. Mr. Jones, after
I offering a proviso, took bold and decided
ground against the whole measure; contended
1 that, it was dangerous and impolitic to extend
I the powers of this mammoth corporation.-
! That it was extending its ramifications in ever;,
: direction, was every session asking tor an ;
create of its privileges, and warned the Ilou .
j that if it indulged the wishes of this corpora
| tion, that the tim ; would come, when it v. auM
control the legislation and politics oi the State.
! He also objected to the measure on the ground,
j that the corporation was amassing a large a
mount of Wealth which was not subject to the
taxation of the State.
, ; Mr. Jenkins denie I the premise! of Mi
Jones, and went into an argument to rebut the
i i conclusions to which he had t arrived. Heron
• i tended that the State Road would hi the her
j eficiary in part of the privileges asked, inu
much as one of its provisions contemplated
■ ' opening an immense feeder to that read.
Mr. Wigg ins, ottered an amendment to tfu
effect, that the proposed incrca-e of cipita
i , should be liable to be taxed by subsequent,
i legislatures, and briefly sustained it.
Mr. Worrell, took the ground, that by help
ing the Chattanooga and Njshville.il'ad, tii
; Stale Road by its increased profits upon it •
! completion, would {secure more than the
j amount contemplated by the taxation proposed
j by the amendment, and insisted u> a matter of
, j policy and political economy, that ii the Grot
I gia Road was willing to advance the rai n y,
| the State should not withhold her perm s
| aion.
Mr. Jones again took the floor, and er.latg
ed upon his previous positon, that the Geer
gia Road could iuterlcre with and control tfio
j politics of the State. He said that
ter gave privileges, that ektenttea v jS 'u com
ing time, and the time might come when it
wouid be to the iutorear of the Company I
enter the politic^ 1 , fi«Ui an q return a legislature
suitable to Us vk WSI Let its ramifi atiuns be
extended ar.d its power increased, and who can
j what will be the result. He warned the
House not now to concede rights whie.ii might
bring down upon their heads the curses i
posterity.
Mr. Wiggins again took the floor, and more
! fully defined his position.
Ihe vote was then taken upon Mr. Wiggi< s
! amendment, whic.a was received, yeas SG,
: nays 49. Upon the question of agreeing to
the amendment, Mr. Jenkins appealed to the
, House, to reject the amendment, and in the
| c °urse hi his remarks, said that the Geo. R.
! Road, had not heretofore made a great deal of
money, though it was now doing well, and bf
| could see no reason why the proposed taxation
; should now' be imposed.
i Mr. Ramsay said, that the whole of the pro
perty of the tstate ought to be subject to taxa
lion, that he regarded as unwise that the ex
eruptions granted to the corporations had ever
■ been allowed, and that he was unwilling to
I extend it and should therefore vole for the
! amendment.
| Mr. Howard said. It was undeniably true,
| that there was a deep under-current against HI
| fb- ,s ß large corporations, and their friends, b’
■ pressing an extension of their privileg es were
increasing its force, and he urged upon then.
; act cautiously and liberally.
Mr. Worrell said, he opposed the amend
ment, because he believed that the
Road could not be built without the aid of the
Georgia Road, and that while the proposed
j tax would be s3uoo, the State by its increased
j profits upon its own road after the completion
: of the lennessec Road, would receive at
. $60,000.
j , ihe yeas and nays were then taken upon
i * ue amendment, and wore yeas 75; nays 33.
Mr. Jones now moved another amendment,
(special liability clause,) Mr. Gartrell opposed
it with great zeal. He did not fear such a
monster as the Georgia Rnl Road Compant
He rejoiced, that it had become a monster. 4
wished to see more such in the State, - 1 ’ Jf
; denied the propriety of the amendment 1 i W
i was not needed. ' >. vt u*!
| Mr. Jones replied, and his
. lost, yeas 44; nays 59.
| Ihe bill then, aa amended by Mr. W.gcinG
Proviso was put upon its passage, ani passed,
I yeas 76; nays 25.
! ~ 1
1 xesteruay, in the Senate the bill ruonoHu
i to S lve t! ie Glerk of the Supreme Court a
salary of 3300 in lie a of costs, was taken up.
i uU.' Lo 7!. mo r a tx y° additional sections to the
! bl “ and Mr - jQh ‘* moved a substitute
Ihe latter. ins Senate refused to receive 4
debate ensued in which Messrs. Clarke, Love.
Chisolm, Murphy, J. R. Smith participated
Ihe bill was lost, yeas 18, nays 20.
I The Senate by the decisive vote of 27 to D
refused to grant a divorce.
pe^nc^^r 11 ! 0 p UC T ? porate the Sons oil'esss
I n O J V E 'T?° Wn made an abie
h' r , t v -"Peech. He avowed himself A
than ° rder; protegte l against a»\
Ji C a the S l °und. that it would give strength
ment\7 t T e \ an l the
m nt of the enterprise. The S * nate adjourn
ed before any final action on thThill
oOhfwT' Mr> Hmt '*» open the reCS-i
• r wd ;o xJon-Mer the bill
Ihe Georg,, Rail "
length St b .h M, He'e a fprel-ed
gt„ai m. an to the future power of said
. I 4 ’ * A® ' vas > in favor of any numbaroi
independent Hail Roads-aa mutual checks
u ’ uot lH tav or of «.ny ong paten: monopoly,