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NOVEMBER 9, 1855. '
Third and Fourth Pages. I
Howard’s Lime KUn.
We call the attention of our readers to the
letter addressed to us, by Major Cooper, Bu
~ perintcndent of the State Road on the subject
of Howard's Lime Kiln, and the removed
switch— a source of so much distress to the en
emies of the present State Administration. We
doubt not they will all be furious at the plain
statement of facts which are presented in Maj.
Cooper’s letter, and which put to flight all the
malicious assaults of his enemies. That the
Auti-Kuow Nothing and Democratic Press of
the State will pass the letter round, we hope
aud trust. But that it will ever find its way
into the columns of a Know Nothing paper, is
a matter of some doubt. Justice requires it,
but who will give unto “Caesar that which is
Cicsurs’ ” in these degenerate times.
The Intelligencer and our Circulation
The Intelligencer of yesterday morning con
tains a denial that our actual circulation G a*,
largo as we represent it. The weak-minded crea.
tore who penned ttr.t denial has, in it, so plainly
exhibi'ed the eorit- rnpt'ble motive which prompt
ed it, that it is cs iijjl /necessary for u» to say
that the chargee C« r - Rood he throws upon the
publisher of tMfp ; d®» ire wholly unauthorised
by any knowledge'C ' facts in relation to our
circulation, and CIS jzncly the workings of a cy
nical temper, goeded biyotid all sense of propriety
by the evidence of the prosperity of our paper
furnished him in the improved appearance of our
Daily. In reply to that article wo have, just now,
only to say that the assertion that the weekly
circulation of the Examiner doea not amount
to twelve thousand copies, is unqualifiedl'/
false, and, proceeding as it does from a source
too contemptible for notice, would not be entitled
to the consider avion of a reply in any shape, bu l
that tho reflections upon the veracity of our pub
lisher, demands from him a full statement of the
facts in connection with the circulation of the
Examiner, as well as a few other facta which will
account for this unprovoked attack upon him.—
This he will do as soon as our columns are some
what relieved from tho press of legislative pro
ceedings, which crowd out a more extended no
* tico to-day.
The Governor’s Message.
We omitted, on yesterday, all comment upon
the Governor’s Message, preferring that it should
go to our readers as it went to the Legislature
of our State, and satisfied that it required no aid
from the press, to stamp it upon the minds ol
the people, as a State paper of which those who
elected its author to the distinguished position
he now bolds, should be justly preud.
Nor is it our intention now, in the comments
we shall offer, to urge upon our readers the con
sideration of this able document. All that we
shall say of it as a whole, is, that, viewed as a
paper which spreads before the people, in detail,
the affairs, financial and political, of our State,
it bos doubtless already to a great extent at
tracted, and will continue still for many weeks
to attract, the attention of all who claim Geor
gia as their home, and who have the
least interest in bar prosperity and future great
ness.
It were more time idle in us to review those
portions of the Governor's Message, which re
fer to the diversified interests of Georgia. The
Governor has so plainly and fairly placed them
before the General Assembly, that even were
we, upon the most unimportant questions refer
red to by him, to entertain an opinion differing
from iliat of his Kwollency, we would prefer
tl>at the Irgislatari mid’>>e people should de
termine upon that ; iftrence, rather than ob
trude our own •pfnimia, being wdl advised that
the Chief to' the State had. and must
always have, bciit • - .p rtunitire of terming a
correct judgment, * arrive at a proper
conclusion, than wu, -i '-it*d as we are, can
poesib!;, form or pn&iioiy have. Hence, to all
• t hat portion of the Ifve which refers to the
condition of the public 'ireasury ; to taxation ;
to our public debt and credit; to that impor
tant interest of our State, the Western & At
torn ic Bail Road; to our State Penitentiary
and its financial condition; to his views con
nected with Internal Improvements and State
Aid; to banks—the Atlanta, Central, and Da
rien ; to the Public Printing, Annual Sessions,
Education, and the Judiciary ; to all these, and
others of minor «T‘ .'’-oration, wo shall only re
fer the reader aw.’: -rt him to draw conclusions
which, we feel •»£ .i, will be highly flattering
to those friends ’■ • enter Johnson, who, in
the late cauvai’f, active invindicutiughim
from the uspcrw.~- -da enemies. They all
prove his uutiriu, . >.• 'srssvering devotion to
this diversified iabsiv vto -M Georgia, the Empire
State of the Soath, M/1 with this the people are
and will be coutcit.
But to one portiva of the Governor’s Mess
age, aud ouZy one, we desire specially to call
the attention of the people of Georgia; yea, ol
the whole South. V> e aiiudc to that portion ol
it which rulers to “FEDERAL RELA
TION 8.” At the outset of his remarks, His
Excellency tells the Representatives of the
people that he transmits to teem resolutions
aud acta of other States, concerned directly or
indirectly with our federal relations, "and some
of them of a character which renders it doubt
ful whether a proper self-respect should uot
have dictated their silent return tu the source
freui whence they emanated.” We have uot
seen the acts or resolutions thus referred to.—
We can imagine though their contents, and we
judge tliat they are of a character insulting to
our people, aud assaiiuig the Southern institu
tion ol bla very. How long the South will be
subject and submit to these assaults is a prob
lem that, from the signs of the times, will one
ol these days be w orked out. We are rejoiced
therefore to see that the Governor has .ailed
the special attention of the representatives of
the people to the anti-slavery aggression upon
the rights of the South, and that most forcibly
and eloquently be law presented to them the atti
tude in winch Geerg u stands, and that she must
maintain, or sui-.rl ,«• ail time to abolition
supremacy .He tc.w tn lata Menage a plain tale
—how. in 1850, Vie people met in Convention
for the purpose t>, tietormining the course
which the t'tste m ; . . - *-■»«> io reference to ,
a ssrws of
United States, known as the Oompromise
Measures.” All these measures he says:
“Directly or indirectly affected the institution of
slavery, but were designed to form a connected
"scheme of pacific adjustment.” While Geor
gia found in it “mattter for objection and mat
tv for approval,” still, in a spirit of devotion to
the Union, she calmly considered in Sovereign
Convention, whether, ‘■consistent with her hon
°T ’„-?^ eb y ‘be general scheme of
pacification, and whether her interest lay “in
adherence to it, or in resistance.” The result
was 1 that whilst she did not “wholly approve/’
yet she would “abide by it,” as a permanent
adjustment of this secti<mal controversy. But
she did so upon terms. She put the world up
on notice, that she “will and ought to resist,
even (aj u last resort) to a disruption of everv
tie that binds her to the Union, any future ac
tion of Congress, upon the subject of slavery in
the District of Columbia, or in places subject to
the jurisdiction of Congress, incompatible with
the safety, domesie tranquillity, the rights and
honor of slaveholding States ; or any act sup
pressing the slave trade between the slareMd
ing States, or any refusal to admit, as a 8k te,
any territory hereafter applying, because oi the
existence of Slavety therein, or any act prohib
iting tlie introduction of slaves into the territo
ries ol Utah and New Mexico, or anv act re
pealing or materially modifying tho laws now
in force for the recovery of fugitive slaves.”
1 bis is the position of Georgia. It was so
at the time of the passage of tho fourth resolu
tion of the “Georgia Platform,” and it is so now.
No sacrifice that the Bouth made, had its prop
er effect upon the Anti-Slavery party of the
North. Nor do we believe that any that she
has made, or can make, her honor and her
dearest interests protected at the same time,
will ever satisfy the fell spirit of abolition—
. that appears to prevail, and in several States
• at the North is in the ascendent The Gov
ernor says truly that although not repealed or
, materially modified, the Fugitive Slave Law is
. constantly threatened; and our readers, and
. the people of the whole South well know that
. “upon the faithful execution of the “Fugitive
I Slave Law,” by the proper authorities, depends
r the preservation ‘'of the Union”—a Union much
■ beloved so long as the constitutional rights of
' the Slates are regarded, but of no value when
r they are trampled under the foot of the oppres
r sor.
■ But the limit assigned to ns will not permit
us to go over the ground taken by the Govcr-
1 nor ; and we therefore will come at once to his
’ recommendation that the present Legislature,
i in view of events that have recently transpired
. and are daly transpiring in Kansas, should pre
pare the initiative to cany out the 4th Reso
, lution of the “Georgia Platform,” by provi
, ding for the assemblage of a Convention of the
I 1 eople, should Kansas be refused admittance
into the Union, as a State recognizing the iu
. stitution of slavery. It is in no threatening
, spirit that the recommendation is made. With
. a foresight as wise as his motives are patriotic,
he sees into the future, aud prepares, or recom
mends the Legislature to prepare for it Ifcar.
risd out, as we trust it will be, there will be no
1 necessity for an extra session of the Legislature,
I which can only convene at great expense to the
J State. The Committee on tho state of the
1 Republic to whom this part of the Gover-
I uor’s Message will no doubt be referred, will
> have this whole subject before them. We trust,
i however, before they make their report that
there will be more light on the subject of the
s contest now waging so fiercely in Kansas, and
. more important aud reliable information, as to
• her pobey, than we now have.
i We have every reason to believe that this
, will be tho case, though we have no hope with
, all the light that can be thrown upon the con
test in that Territory, there will be one ray to
> inspire us with a desire that the Convention will
• not be required to assemble, Georgia remaining
' true to herself and the Booth.
Milledgerille Correspondence.
Milledobviu-e, November 5.
The Senators convened in the Senate Cham
ber, thio morning a few minutes before 11 o’clock.
On motion of the Hon. W. J. Lawton, theSen
vtor from Dougherty county, the Hon. Peter
Cone, of Bulloch, wao'called to tho chair, for the
purpose of organizing tho Body.
The usual oath was then administered to tho
Senators, by the Hon. A. Powers, Judge of the
Macon circuit, when,
On motion of the Senator from Pike, Col. Gib
son, proceeded to ballot tor its Presi
dent.
The Hon. David J. Bailey, democrat, end the
Hon. Andrew J. Miller, of the “American Party,”
wore announced as the candidates. Upon the
first ballot. Mr- Bailey was elected; the vote be
ing, For Bailey, 65
For Miller, 34
On motion of the Senator from Habersham, a
committee consisting <f Messrs. McMillan,
Knight and Miller, were appointed to wait upon
the President elect, inform him of his election,
and on the part of the Senate to request his ac
ceptance, and eonduct him to the chair.
This being done the President in an impressive
and elegant manner addressed the Senate. His
address was brief, but it doubtless reached the
hearts and judgment of all who heard it; it could
not have been more appropriate, an ! was received
with applause.
On motion of Mr. Cone, of Bulloch, the Sen.
ate then proceeded to tho election of its Secreta
ry. Upon the first ballot, Mr. P. H. Colquitt, ot
Columbus, was elected. His compet tor was our
fellow-citizen, CoL Luther J. Glenn. The vote
stood,
Colquitt, 73.
Glenn, 34
Blank, 1
The Secretary and his assistant, Mr. John B.
Weems, were then sworn in. as required by the
rules of the last Senate, which on motion of Mr.
Cone. of Bulloch, had been adopted to govern
the Senate, until changed.
The Senate then proceeded to elect its Messen
ger, and after balloting six times, elected Mr. Jno.
T, Wilson, ot DeKalb. There were some 25
candidates for office.
The Senate then adjourned till 3 o’clock. P.M.
when it again convened, and on the 7th ballot.
Mr. Aldrcd. of Pickens, was elected door-keeper.
A resolution was then passed directing the See
retii-y to inform the House of Representative
that the Senate was duly organized and prepared
to proceed to business.
There was quite a spirited contest for all ths
subordinate offices from Secretary down to the
Door-keeper. The defeated candidates, howe-.
er, bore their defeat with manly fortitude, and
will doubtless prepare for the future, when better
luck, we trust, in turn, will attend them all.
HOUSE OF REPRESENTATIVES.
Mos oar. 12 o’clock.
When we reached the Representative cham
ber. Dr. Phillips, of Habersham, was occupying
the Chair, and Mr. Spears, of Bibb, the Desk.
The oath was administered to the members
elect, by Judge James Jackson, and the House
proceeded at once to the election of its officers.
For the Speakership. Hon. Wm. H. Stiles, ot
Chatham, and Hon. John Muledgn, of Richmond
vm arHKUODed as owßlatm.
The first baltot resulted as follows:
Stiles, Detn 8G
Milledge, Amer. 47
Irvin, Dem 4
Blank, , 1
Mr. Stiles was conducted to the Chair by
Messrs. Lewis, of Hancock; Pickett, of Gilmer;
and Milledge, of Richmond. Ho returned bis
'hanks in his usual polished style, and proceeded
with the business of the House. We have no
time to comment at length upon the ability of
Mr. Stiles, or his qualifications for the position
ho occupies, which, although, as he says, is, to
him, an untried and responsible ono, is noverthe
laaa one which he will fin with honor to himself
and the body over which he will preside. His
known familiarity with parliamentary law, and
his experience in legislative bodies, eminently
qualify him for the duties of the post, and. while
his marked courtesy, and his unquestioned integ
rity will ensure an impartial judgment of dispnted
points, ho will not be found wanting in that sort
of official nerve so frequently called into requisi
tion by the excitement incident to the discussion
of measures of great interest, in the House.
The candidates for Clerk of tho House were
Mr. Alexander, Mr. Spear, of Bibb, and Mr. C,
G. McKinley,of Coweta. The first ballot result
ed as follows:
Bpear, Dom 8!
McKinley, Anti-K. N. whig 66
Six candidates were announce 1 for Messenger.
Oa'in, of Cobb, the old incumbent, was elected
upon the first ballot.
For Door-keeper there were 22 candidates up
on the first ballot.
After which the House adjourned until 3 o'clock
Afdinnerter the House elected Morris, of Cobb
doorkeeper, on the 7th ballot.
I MiLLEDGEvnj.B, November 6th, 1855.
I At the hour of ten this morning, both bran"
ches of the Legislature convened in their rcspec
, tive halls.
, After the reading of the Journal in the
, House, Mr. Dawson, of Greene, offered a reso
r lution which was adopted, directing the Clerk
i to call upon the Secretary of State for Bills
. passed at the last session of the Legislature, re
quiring, in accordance with the Constitution,
. action at tne present session.
Mr. Lawton, of Chatham, offered a resolu
i tion bringing on the election of Attorney.
Solicitors General and Director of the
I Bank of the State of Georgia on Thursday
. morning at 10 o’clock.
Quite a spirited debate took place on the
. adoption of thia resolution, between Mr. Daw
, son, aud Mr. Lawton, of Chatham—the former
j opposing its adoption on the ground, that, as
the last Legislature had passed ’a bi 1 to alter
, the Constitution so as to give the election of
, Attorney and Solicitors General to the people,
the election of these officers should and ought
to be postponed, until action was taken on that
bill. The gentleman insisted upon taking that
( course, as the proposed change was a true dem
ocratic measure, and on the ground that there
, was no neceaity for bringing on tho elections
, now.
To this the gentleman from Chatham, Mr
I Lawton, demurred. He was there he said to
do his duty, in accordance with the Constitu
, tion, as it now stood, as he found it, and not to
, act in reference to any contemplated change.
I This was the time to elect these officers in ac
, cordance with all usage. When the time ar
rived, at which he should lie called upon to sup
, port the democratic measure of which the gen
! tleiuau from Greeue spoke, ho would be happy
. to act with him. But, at the present time, he
, was for discharging a duty which he felt in*
I cumbent upon him to discharge.
The resolution was adopted. The yeas and
nays being called for, aud stood Yeas 85 ;
Nays 49.
In the Senate, nothing of importance trans
pired. Tho Reeolation adopted by the House
to bring on the election of Solicitors, 4c., was
, amended in the Senate by striking out “Direc*
. tor of the Bank of the State of Georgia.”
On the part of the Senate and the House a
Joint Committee of both branches—-composed
of three in the Senate aud five in the House—
was appointed to wait on the Governor, and in
form him that, both branches of the Legislature
were duly organized and prepared to receive
from him any communication which he desired
to make.
In response to the Committee, the Governor
stated that he would transmit to each branch c/
the Legislature his message at the hour of 12 M.
of which the Committee duly informed each
branch of the Legislature.
At the hour of 12, the Message wasdelivered;
and read previous to adjournment for dinner.
In the afternoon both branches convened in
the Representative Hall, to count the vote for.
and determine who was elected Governor of
Georgia. It is not a question that leaves a
doubt, wo believe, upon the minds of any on"
as they have not yet declared the result, we
shall only observe that the general belief here
is, that one Herschel V. Johnson was elected
by the people. If,before tbcmail closes, the ma
jority is declared, a postscript will be added to
this day’s report.
P- 8.-—The Hon. A. H. Stephens, it is un
derstood, will address the people to-night in the
Representative Hall.
Robbery of the New Mexico Man.—The
Rogue Arrested.—A letter from the Postmas
ter ot Jeff rson City. Mo., published in the St.
Louis Republican, of October 30, contains fur
ther information in reference to the robbery ol
the Santa Fe mail, on tlie 24th of October, be
tween Jefferson City and St. Louis. The deed
was perpetrated by one of the passengers, who
styles himself Charles Leaman Gilbert, and says
he is from New York.
The mail-bag and part of its contents were
discovered by some Germans on the edge of a
creek near Lislctown. where the stage had stop
ped over night. A knife was also discovered
among the letters, which turned out to be the
same which Gilbert had borrowed at Lisletown
the previous evening.
This circumstance led to his detection. H<
was overtaken and conducted back to Jefferson
City, where, after an examination, he was com
mitted for trial in default of SI,OOO bail.
The robber made a complete sweep of the most
valuable packadges. The directions upon the
letters found are mostly illegible. Amongthem
there are many official setters f rom the army and
other departments in New Mexico, the loss of
which will be a serious inconveuicncu to the
officers forwarding them.
Parties in Washington.
A fri nd sojourning fora short time in Was’.*
ington city, in a business letter to a gentleman
in this city, thus incidentally refers to the or
ganizations of the House. '
-The political composition of the Hon=o is
such, as to give rise to a great deal of specula
tion as to the organization. Many shrewd pol
iticians regard the chances as about equally ba!- ;
anced. between the three leading parties, and a
few are strong in the faith, that a Democratic '
speaker will be chosen. My own judg.-meni ■
however, is, that Sewerd's counsels will prevail. ;
and that Gov. R eder, or the Kansas question J
win oe made the test for that office."—L'on4. <r i
Rep. 11
GOVERNOR’S MESSAGE.
Executive Department, (
Milledgeville, Nov. 6th, 1855. j
Fellow Citizens of
The Senate and House of Representatives
You have assembled, as the representatives of
the people, to review the administration of the
State Government, for the last two years, and
to enact such laws as your wisdom may dictate
to be necessary for the promotion of the public
welfare. You meet under circumstances well
calculated to awaken gratitude to Heaven.—
For although, the previous year was one of
drought and comparative scarcity, and memor
able for the melancholy ravages of Yellow Fe
ver upon our principal seaport city, yet the tem
porary frown of Providence has passed away,
and again we bask in his beneficent smiles. —
Peace, health and prosperity reign throughout
our borders; wo still enjoy the blessings of civ
il and religious liberty : all things combine to
provoke us to that righteousness which “exalt
eth a Nation.”
Treasury,
I herewith submit the Report of the Treasur
er, exhibiting fully the operations of his De
partment, for the last two fiscal years, ending on
the 20th of October, It appears that there was
at that date, an available balance in the
Treasury of §1)0 793 24.
The Western & Atlantic Rail Road paid in
to the Treasury in 1854, the sum of 850.000.
There were also collected from the Federal
Government, on account of Military claims.
§11,331 79. In 1855 and prior to the Ist of
October, the Western & Atlantic Rail Road
p.id in the further sum of 8100,000,00. The
Treasurer also received on account of the sale
of the reverted lands in the Cherokee region,
sold under an act of the last Legislature, the
sum of §19,302 61. From the sale of the
State's interest in lands on the
under an act of the last session, he received the
farther sum of §1,993 11. Hence, for the two
fiscal years, the Treasury has received the ag
gregate sum of §182,627 49. from extraordina
ry sources, not anticipated by the last Legisla
ture, in the estimate of revenue. The aggre
gate receipts of the Treasury, from ordinary
sources, for the two years, was §930.244 03;
and the actual aggregate of disbursements, for
the same time, was §946,874 97 : showing, that
there would have been a deficit, without the re
ceipts from these extraordinary sources. 0f§15,-
730 94. Now, the act of the 24th of Decem
ber, 1845 creates a lien upon the Western &
Atlantic Rail Road, and its nett earnings for
the redemption of the Bonds, amounting to
§125,500 00. which it authorised to be issued
for the extension of that work. They fall due
in July aud December, 1856. But seeing that
a deficit in tho Treasury to meet the demands
upon it, must necessarily occnr; finding it also
impracticable to call in these Bonds, except to
the amount of §19,500 and feeiing perfectly
confident, that the future proceeds of the Rood
will be amply sufficient to meet the balance i f
of §106,000 00, before or at maturity, I direc
ted the Treasurer to carry the monies paid in,
from that source, into the general fund, use
them in payment of the public Debt and in
terest, and the regular operations of the Treas
ury.
The Committee of Finance on the State of
the Treasury, &c;. called my attention to the
immense item of expenses for the services of
Clerks in both branches of General Assembly.
I have investigated this subject, by actual ex
amination of the President’s and Speaker's
Warrants from 1833, down to the present time,
including the last session. The aggregate ex
penses of the two Houses, per Session, on this
score, from 1833 down to the session of 1849--
50. ranged from §4,290 00 to §8,833; the latter
sum being*tho largest expenditure of any one
session during that period. For the session of
1849-50, the expense for Clerks’ hire of the two
Houses was §18.286 00 ; for 1851-2. it was
§17,212 00, and for 1853-4, it was §33,156 00.
Tho enormous expenditure of the three last Ses
sions of the Legislature evince extravagance
and call for retrenchment and reform.
Taxation.
Looking at the large liabilities of the Wex
tern & Atlantic Rail Road to mature in 1856,
and the heavy demands upon its receipts, to pei
fet its equipment, I submit, that it will be wise
to adhere to the policy of raising, by taxation,
the amount necessary to defray the expenses of
the Government, and meet tho ordinary drafts
upon the Treasury. The net earning of the
Road should be faithfully applied to the exten
tinguisbment of tlie large public debt created
for its construction: taxation should furnish
the revenue until that shall have been accom
plished.
I shall notenter into a disemsson of the prin
ciple upon which the tax should be levied. The
ad valorem is the only correct principle. Il may
now, I trust, be considered as the fixed policy
of Georgia; for it Los vindicated itself by expe
meat, and the public mind is satisfied of its wis
dom. The existing system may need amend
inent, in itsJJetuils blit you should adhere to the
principle an which it based.
Public Debt and Credit,
On the 20th of October last, the Public Debt
including the 6 per cent, bonds issued fbr the
, payment of claims against the State, on account
of the Darien Bank was 82,646.222 22. Since
the action of the last Leg stature, the Central
Bank 7 per cent, bonds are considered as part
of the Public Debt, and consequently the bal
lance outstanding, amounting to $296,000, art
embraced in this estimate. I refer you to the
report of the Treasurer, and to the accompany
ing‘-Report of the Finance Committee on the
state Treasury, &c.” for tabular statements of
the amount of the bonds which constitute the
State Debt, tlcir rate of interest, when and
where payable, and the payments n ade during
the two past financial years.
The credit of the State is now good—asourcc
of congratulat; in to every Georgian. Itjshouiu
not only be preserved, But every moans adopted
to increase and strengthen it. It is remarkable
that the Bonds of Georgia commanded a lest
price than the Bonds of other States that owe
a much larger debt. This is a fact which
should arrest the attention of the’Legislature. 1
apprehend tho t, upon examination the reason will
be found to be. that our Bonds are main y paya
ble in Augusta. Savannah and at the Treasury
This is true of all the Issues, oxoept those of Ju
ly the Ist, 1852, and these amount to but 8525,-
<>oo. payable in New York. They were nego
tiated for a premium of five per cent, while the
issues, under the act of December 4th, 1851, the
interest of which is payable eemi-annually in
Savannah, were negotiated at an average pre
mium of but two per cent. This furnishes a
striking illustration ot the advantage of making
our State bonds payable in New York. This
is the great commercial emporium of the Union
and thither capital Hows, from all points, to
seek investment. Hence, as a means of appre
ciating the credit of the State. 1 recommend the
I/'gisi-.iture to authorize the calling in of all the
State Bond, including the Central Bank 7 per
cents, not payable in New Y rk, and the issu*
ing of others? in their stead, of similar tenor,
dates aud amounts respectively, payable at that
point. It will also impart simplicity and uni
to the operations of of the Treasury.
By an act of the last Legislature, approved
17th Feb. 1854 I was directed to issue State
Bonds, in lieu of the outstanding bonds of the
Central Bank. It was impossible to effect the
arragement contemplated by a literal exchange
of Bonds. The interest on the new. was limi
ted to six. whereas the old Central Bonk Bonds
sought to be called in, bore 7 yer cent. Os
course, the holders would not receive the former
m lieu of lite latter.
That act also required the issue of new
Bonds in lieu of certain other Bunds of this
State printed on inferior paper, mutilated and
of inconvenient amounts. The holders of these
Bonds, with one exception, have not applied .
for the benefit of the act: and therefore, it was
uot deemed expedient to incur the expense of a
new engraving. By adopting the policy above
recommended? both objects of the Act will b
accomplished, and contribute much to th pub
lic good, since it will form a part of the plan for
simpfifying the State debt and appreciating its
orcdlt.
Under the act of 24ih December, 1845, “to
extend the Western A Atlantic Bail Road, and
to provide means therefor,” 6 par ouit, Bonds
were issued to the amount of §125,000,00,
signed by the Governor aud countersigned by the
the Chief Engineer, and payable ten years after
date. They were issued on the Ist of Decem
ber and July, 1846, and consequently, tall due
the Ist of December and July, 1856. In antic
ipation of their maturity, 8'19,500 00 of the
Bonds have been paid, leaving a balance oi
of §106,000 00 unpaid, Tho Act’’rofered to
gives to the holders of those Bonds ,a paramount
lien u]x>n the Road and ita nett earnings, for
their redemption. Hence, tho clean receipts of
the Road must b? appropriated to tho satisfac
tio iof these liabilities; and there is no doubt,
but they will be amply sufficient to meet them
all before or at maturity. After that, they may
Ixtuaxl inanyjinanner the Legislature may direct.
Therefore, if the amount necessary for tho ad
ministration of the Government, be authorized
to lie raised by Taxation, as recomended in an
other part of this communication, then all the
nett receipts of the Western & Atlantic Rail
Road should be appropriated to the payment
of the Public Debt. There is obvious proprie
ty in this policy. Most of tho Debt was crea
sed for the construction at the Road, and it is
therefore proper, that it should first discharge
its liabilitieslo the State. As a large portion
1 of the Public Debt will fall due at the same
' time the Executive should be clothed with dis
' cretion to make such application of the money,
derived from that source, as will avoid tho em
barrassment which such heavy maturities must
| produce, I therefore respectfully submit, that,
after the payment of these Bonds and reserving
■ enough from time to time, to meet its liabilities
proper, as they may fall due, the nett earning*
of the State Road should constitute a Sinking,
Fund, permanently set apart for the purpose m
’ dieated.
The Western and Atlantic Rail Road.
I herewith submit the two annual Reports of
the Superintendent of the Western aud Atlantic
Rail Road, exhibiting ita operations for the fis
cal years 1854 and 1855. They shows steady
and highly encouraging increase of its bu-iness
and a commendable curtailment of its expendi
tures. As these documenta furnish all the data
for the formation of a correct opinion as to
what should be the future policy of the Bond,
so far as relates to the regulation of its tariff' of
freights, I shall indulge iu no speculations upon
that subject; but leave it, in all its bearings, to
wisdom of theJLegislature. It is one of great mo
ment, and cau only be correctly settled by facts
its connection with other roads, and the light ol
experience. If you design, it to be a paying
road, then the policy obviously is, to abjust its
freight schedule, in reference to its connection
with others. If yon are content, that it shah
be kept up mainly for the accomodation of the
section through which it runs, aud as the meant,
off affording the low, with facilities for procur
ring the products of the up-country, without
special reference to profit then it may be treated
aud conducted as an independent work.—
The Road is the peoples' property, constructed
for their common benefit, and therefore, it is
peculiarly appropriate for you, as their repre
sentatives, to proscribe the line of policy to be
pursued.
Nor is it necessary to discuss the various
plans suggested for its future management.—
riome insist that it should be sold, either in part
or in whole, so as to sever its ownership from
the State, or to give its control to private indi
viduals. Others urge that it should be leased
for a term of years. These propositions were
discussed by my immediate predecessor, and
considered by the last Legislature. They have
also, in the mean time, engaged the popular
mind, to a considerable extent, and you are
doubtless prepared to represent correctly, by
your action, the public sentiment. Another
mode proposed is, to place its management in
the hands of a Board, composed of three Com
missioners, to be chosen by the people. I refer
to these propositions to demonstrate what, I be
lieve to be indispensable to meet the expecta
tions of the people of the whole State, and that
is, the necessity of removing ita admin stratiuu
beyond the arena of politics—of taking it from
Executive control—of making it independent ot
party influences. However wMely different
these various propositions are, they afford con
clusive evidence of tho restlessnotw of the popu
lar mind on tho subject. The sentiment is al!
pervading, aud is manifested in a thousand forms,
that this is expected aud demanded at your
hands. How it shall be done, is the question
for your wbdorn. 1 have no hesitation in ex
pressing the firm belief, that it were better to
adopt any one of these propositions, than to
permit the Road to be managed under the pres
ent mode of its organization. The idea of this
vast capital being subjected to the fluctuations
of parly politics—confided to agents, who, as a
general rule, will be changed every two years,
in obedience to the utterances of the ballot box,
is preposterons and ridiculous in tho extreme.—
It is only Kail Road men who understand the
conduct of these great works. Politicians who
aspire to Guberuational honors, know but little,
if anything, about it. How absurd, therefore,
to place the Executive at the head of the Road
—inexperienced aud therefore disqualified—and
expect him to manage it with skill aud success';
How unjust to him—how hazardous to rhe in
terests of the people, to saddle him with s
heavy a responsibility. Without dispuiage
inent to predecessors, it is believed, that the
Rood has never lieen better managed, than it
has been during'the last two years. Economy
und punctuality, in every department, iiuve been
enforced—not a dollar lost by defalcation—no;
a dollar recovered in litigation for damages
which accrued within that period—but lew and
slight disasters from running off or collisions ot
trains—and yet the dissatisfaction aud com
plaint, iu certain quarters, are deep and loud.—
All, ail demonstrating that the policy of sever
ing it from Executive control, is absolutely im
perative. 1 respectfully urge the Legislature
to do it
Under the resolution of the last Legislature,
foi .hat purpose, I appointed the Hon. John D.
Stella Commissioner, "to proceed to the State
of Tennessee, to procure the repeal of the law
of that State, which subjects the Western and
Atlantic Rail Road to suits iu her Courts, and
to fix upon such terms of negotiation and recip
rocity, us shall be acceptable to both States.'
As the result of his mission, I herewith submit
the Message of the Governor of Tennessee, and
the action of her Legislature upon the subject.
You will perceive that they, by Resolution, au
thorized him to "appoint a Commissioner learnxi
iu the law, whose duty it shall be to confer with
the Commissioner appointed by the Governor ol
Georgia, either here (in Nashville) or in the
State of Georgia, upon the subject of the inter
course by Rail Road between the two States,
with instructions to report to the General As
sembly of this State (Tennessee) all the legis
lative action thut has been bud by the two
States iu reference to this matter, and also what
further legislation, if any is necessary to pre
serve the rights of the citizens of Tennessee, and
to maintain our friendly relit ions." After Mi.
Stell returned, he surrendered his Commission,
and I appointed William K. DeGraffenried.
Esq., in his stead, to complete the negotiation.
The Governor of Tennessee appointed James
A. Whitesides, Esq., under the resolution abovr
quoted. These two gentlemen have had a meet
ing, but finding that the question of the juiis
diction Os the Courts of Tennessee over the
Western and Atlantic Rail Road was made it,
McClung case, then pending before her highesi
judicial tribunal, they Cuusiderol it moat pru
dent uud respectful to await the decision, before
proceeding with tbe negotiation ; for the Court
might determine the question in our favor, uuu
tnua eud all trouble ou this score. But our
hope of so gratifying a resuit has failed. I uu
dersland the Court has decided ugaii>st us.—
Hence, it no satisfuctiury adjustment between
the two Btu.is can be effected by negotiation,
it will devolve upon you to determine tiie course
to be adopted. A 1 -use or sale oi that portion
oi' the Road which is within the limits of Ten
nessee, would seem to suggest itaeii as the mosi
natural remedy.
Peniteatiary.
I refer you to the report of the Principal
Keeper for die operations of the Penitentiary
I'he statement exhibits its present fiaanciai con
dition :
Resources and Liabdities an Ist Oct. 1855.
RKSOCKCES.
To notes and A counts - §23,276,03
Os which are considered
bad and doubtful -- - 2,702,27 §20,573,76
Cash, 2,807,80
Aud the Liabilities are: §23,381,56
Due Officers and Guard - §7,590,89
“ indi’ls, In’spr’a Dept - 8,483,32
“ do B’kK’p’s" • 504,95 16,579,16
Resources over and above Liabilities,
collectable, §6,802,40
To which add :
Manufactured articles, in B,
K’s Dept. - - . . 6,747,90
Materi’l on band, P’l Kp’r'g
Dept 10,257,91 17,005,81
§23,808,21
Hence, it appears to have been managed with
quite os much ability and succesi.as under pre
vious udmiuistruliotia. Still, I feel constrained j
to say, what its whole history confirms, that it I
has, to a great extent, proved to be a failure.— 1
A brief glance at tlie causes, wifi point out the i
remedy. It is the duty of the Legislature to
apply it promptly.
The original design of the lust tutiou was
twofold ; Ist, to substitute euicient punishment
for crime, properly adjusted to its demerit, for
the gallows, in the higher, and the application
of tiie pillory and whipping post to tlie lower,
grades of oifcnces ; and 2udly, by connecting
labor with confiuemeut, to make it a self-sus
taining system. The first object has been so
far accomplished only, aj to dispense with these
engines of cruelty aid But tlie
Penitentiary has failedto griuteuds
of | u Hsbmeut—reforming the criminal aud de
terring others from crime. It never can an
swer these purposes under its present organiza
tion. From the utter impossibility of prevent
ing inte.-coinmunieutiou between the convicts,
and the absence of all classification of them, ac
cording to tiie moral character ol their respect
ive offences, the hope of reformation is unavail
ing—is vain and futile. It is rather a school,
in which the villain leurus to be more obdurate
in his depravity, and he who is imprisoned foi
an offence, nut involving the darker shades oi
turpitude, loses the iiltiv self-respect remaining
to him, by tlie neces ary contact with ins asso
ciates, and is thus ultimately robbed of thislastj
trait of human redemption. Tne exception to
this general remark, lew and far between, con
firm its truth. Hence, the Pemteiitiury ceases,
to a great extent, to be a terror to evil doers.
It also lulls to answer the other object of pun
ishmeut—that of deterring others from viola
ting the laws of the laud. Tne loss of personal
liberty, of the sweets of social life, and the ne
cessity for constant toil and restraint upon the
passions, should constitute tne terrors of im
prisonment. But organized as it is, how feeble
and impotent are these sanctions, uud.-r our sys
tem of Penitentiary confiuemeut 1
It has most s'gnuiiy failed to ucoompliah the
second design of its formation—that oi being a
seif-suslaimng system. Tiie proof of ibis is
found iu tUe large appropriations, which the
Legislature have been compelled, al almost ev
ery session, to moke lor its support. There
are palpable causes—causes that meet the eye
of the most superficial observer—which render
it impossible tor it to pay its own expenses.—
Its wall encloses only about two acres of ground;
is it to be expecleu, that one hundred and sev
enty five men cau be employed profitably, upon
so small an arena, in which it is impracticable
to diversify labour ? It is located where mate
rials for manufacturing cannot be obtained,
without the payment ot ruinous prices.
The question then arises, what is the remedy ?
Remove it to another region of the estate.—
Construct it upon a plan sufficiently .capacious
to meet all the conditions required. So ar
range its apartments as to ciassily the convicts,
according to the moral character of their offen
ces, and to secure absolute prohibition of all so
cial intercourse among them. Locate it at u
point where material ol all kinds cau be pro
cured cheaply, and build it of stone and iron.
Now is a most favorable time to apply this
indispensable remedy. The present wail and
buiiuings are all dilapidated and tottering, and
they offer hourly temptation to the devouring
element. (Something must be done, aud done
now. The present structures are incapable ol
such repairs as will render them suitable for
the purposes desired. The whole concern must
be rebuilt, if you intend to continue the institu
tion and to make it what it ought to be.
By removal, you cau remedy another great
evil. 4ou cau locate it ut a point, at which,
heavy operations iu iron aud atone may furnish
employment for the Convicts, aud thus dispense
with the common branches of the mechanic arts.
Ou this score tlie present sjstem is most detri
mental. iso far from retarding, the ritalesbouid
so rba 1 e her policy, us to cuccuruge industrious
aad honest men to engage in them. But what
is the effect oi the present Peuiteuliuiy system:
It degrades them, by turning louse annually n
corps of graduated viiiaiiis, had skilled aud 100
depraved, iu most instances, to perform accord
ing to their ability, who will work at reduced
prices, aud thus meet the iiouest mechanic with
ruinous cum|>elitiui:. Iu arranging a system
of reuitenliury labor, tins reform Mmuiduot be
disregarded ; but, situated as the instilutiuunow
ts, it is impracticable.
lu submitting this subject to your considera
tion, your attention is directed to the suggetr
■' tious, under this head, contained in the Rep i
! of the ‘-Finance Committee on the State ol u«.
Treasury, Ac,” and the Report of the Principal
1 Keeper.
i Internal Improvements —Stc.Zc Aid.
| If we look to the geographical position of the
i State, it is not singular, that she has taken the
. lead of her Southern s.sle is,iu works oi Internal
. Improvement, she occupies the gup between
the Southern spur of toe Aiieguu.ij ulouula.us
and the Auanuc aud is thercfoiu the porta?
. tiirough which the travel and products of the
great Vallies of the West must und their truu-
, sit to the --highway ol notions. 1 Such a posi
tion fixes upou her u heavy, but glorious re
. sponsibiiity, involving a mission ol the luture,
worthy the most comprehensive grasp of eu
lightened stalesinuusn.p. Un the other hand,
her varied and inexhaustible mineral and agri
cultural resources, aubrd a a perpetual stimmus
and prompt to constant efforts to secure the
means oi their development. These cousideru
tions create a twofold obligation upou the Leg
islature ; the one, to udjaceut states—inevluer,
to her own vast internal interests. Hence, tu
comprehend fully their legitimate scope oi ac
tion, the Legislature shouid assume a lofty stand
ing point irom which they can survey lue whole
livid. Holding in her hand the key which opens
the Atlantic tu the U w>t, the btuie shouid so
use her power, us to lorcc, by a compulsion
mutually advantageous, the travel aud produce
which seek the ship, tu become tribuUuy lu her
own wealth, prosperity und greatness. Xiuoa
ing to this, as the light to guide uer general
policy, she shuuiu likewise, us the pruximate
motive of action, keep m view lue deveiopuieui
at her natural resuureea, aud the udiuuuuneut
of tue people, in ail the elements ui tuu highest
aud best civilization. Hence, the paramount
necessity oi well dehueu aud wed regmaled sys
tem, m uur scheme oi inter.<al Impruvemen.o.
it dues uot iunuw, tnat a charier lor a rail
road toust be granted, us a mailer ol course,
when asKcd. Au enlightened iigieiature, com
prehending iuliy the system, its design, uno
wuut is best calculated to advance tue general
welfare-; win inquire whether tue chut ter asked,
is in harmony w.tu that system, what will be
the bearings of its eouuex.uus witnuui me Slate,
wuat its eUect in developing our resources, uno
what its relation tu other works under whivu
large interests nave bee an-, mvvivcu and vest
ed t iue system m Georgia tnuugh mns in
•auey, is yet euiuciemiy advanced lu indicate
the u.tilnule sba(>e winch it is ilke-iy tu luoumc
Uu he. cusicru bvider siie has imcu puiuts,
which have iuruieu and are seeking Lu lurm
cuuuexiuus with the various secuuus, iute-ruai
and external, whose productions wm luete. li.cn I
growth uno pruepuuty. iuise puiuts are Au
gusta, bavauuuu unu Bruuswica. ineTnul
iuriaer aie cunuvctcU oy Ruuds completed, with '
leimesse-e and A-uta.aa; aud the latter pus
sessmg a nat oor, imsuipuss-d i-y any uu tne
-teteauuc CuUSt, suuui ol lue e miu
dauieed by -u extensive territory, c tued oi
,ue Oust pine ne,d iu tile wur.u, and ul Wuuuui
iul ugrivUituiui lei iniiyp sucks a coms.ci.uu
wum toe Vast region tout SaiTis the Gail ul
alexico. iu j word, toe-tc luiee ones num
the Oasis oi uur system, aud toe uues luinugu
Ule Claie winch cunuvct ur propose to cunuect
them, with her own great divisions, within, and
exhaust)?* feeders without, constitute its frame
work or skeleton. Its symmetrical completion
should both define and limit the policy of Leg
islative r.ctlon. It will be most speedily ac
complished by private capital aided by the loan
of State credit. Such charters, and such only,
as may bo required for necessary intermediate
connections and facilities, should be granted, to
fl 1 out tho .system; mid the* should be
constructed by unaided private capital. But
to complete the skeleton of the system, so as to
extend an arm into each of the grand geograph
ical sections or divisions of tlie State, she may.
with propriety and wisdom, lend her credit
under securities and guai unices, which will
place her beyond the contingi ucy of ultimate
liability and loss. To that extent the Legisla
ture may go; but to that extent only should il
| go, and with well considered caution and well
I guarded prudence.
■ '1 he direct ap ropriatiun of money or snb-
I scription for .Stock, by the Slate, to aid in tlie
construction ol rail roads, is considered to be
unwise and inexpalient. Its tendency is to
emascnlutc private enterprise, by removing tlie
necessity of self reliance. It will complicate the
State with individual interests, which experi
ence teaches to be dangerous to the public wel
fare. It will increase the State debt, and con
sequently create a necessity for burdensome
taxation.
Tlie construction of the Western 4 Atlantic
Rail Rood, by the State, is regarded, lioth as a
precedent and an argument in favor of di
rect appropriations, in aid of internal improve
ments. But it ceases to be forcible, in either
point of view, when we consider the circum
stances which prompted tliut magnificent pro
ject At that time, there was not a railroad
in Georgia. Private capital refused to be
thus invested, because experiment had not
shown either the practicability or profitable
ness of such works. Besides, the region which
it ixmetratea, though abounding in agricultural
and mineral fertility, is mountainous aid diffi
cult of access. It was socially and physically
sjvered from the lower region of tlie State and
’ advantageous markets for the products of its
! industry.' On the one hand, rail read inter
prise net ded tlie stimulus of example; and on
tiie other, tlie North West was incapable oi
development by private capital. Hence, the
State embarked in the enterprise; und if no
otb r advantage shall ever lie realized, tlieen
j liar" d value of the lands of Cherokee Georgia
ani ; . ' - remunerates tlie State for the outlay and
vis Acs the far-sighted wisdom of its pro
evta.,-:. The justification of the State was the
neMFity of tlie case; but where the necessity
d»»< set exist, the reason for the policy docs
net ebtain.
Bnt viewed in another light, the building of
the Western & Atlantic Rail Road by the
State does furnish a sound reason why other
| sections may ask, with propriety, her fostering
' aid. in the form of a loan of her credit.. Thut
■ work cost not less than §5,000,(100. Tho re
j gion through which it runs was then very
sparsely populated and consequently contribu
ted a comparatively small portion of the ex
| pense of its construction. Middle ami South
'cm Georgia bore the tax ; they bore it gene
rously and patriotically. It is therefore, not
arrogant nor unreasonable to ask, in return,
such aid from the State, as will devclopc other
sections and bring them within the reach o ad
vantageous markets. The request would come
with the force of an appeal to the magnanimi
ty of t hose, who are the special beneficiaries of
this largo State beneficence, to practice the
spirit of enlightened reciprocation. There ore
those, whose patriotism aud intelligence are en
titled to great respect, who earnestly advocate
the policy of the State aiding works of intern
Id improvement, by issuing her Bonds fora
sufficient amount, jx?r mile, to purchase the
rails, to all Rail Road companies which shall
have completed the grading 4c., of their re
spective Roads, aud made them ready for lay
ing tho superstructure. But I regard it wild
and hazardous, and the adoption of such a
measure, as the worst calamity that could be
inflicted upon the State. If there could pos
sibly be any necessities which would justify it,
they certainly do not exist in Georgia. Rail
road enterprise, with us, does not need stimu
lation, but rather wholesome and judicious di
rection. Sucli a system us that however, would
multiply those works—or attempts to construct
them —indefinitely ; mid the sequel would be a
crushing State debt, impaired State credit, ru
inous depreciation of State Stocks and general
paralysis, in ail the departments of business mid
labor. States, like individuals will retard their
progress, if they endeavor to advance too rap
idly. Asj stem of internal improvements should
be rather a growth, developed and gradually
matured by the action of the laws of social
and commercial progress, than the artificial
result of restless, inqiatienl, and ill guided, bul
well-nicmit legislation. Let us shun botli deyl
la and Charibdisand move caustiously through
the straight between the two extremes.
Banks—Atlanta—Central—Darien.
The various Banks of tbe State have prompt
ly made their reports, from time to time, under
Executive proclamation, issued in obidieuee to
the law regulating that subject. -By the ex
hibits made, those institutions seem to be sound
and healthy. Still, the Legislature cannot be
too vigilant, iu their examinations, or 100
stringent, m restraining them w thin the limits
of tii.ir respective charters. New charters
sho;.. :;e granted with caution, and only ai
po.ate, where the interest* of trade require un
iucrawi of Banking capital and iaciiuies.—
m reference to such demand, they are
pabiic conveniences, otherwise, 4hey are men
broker&ges and shaving shops, uud being com
pelled to realize their profits by other mean.-
than the upp opriate business of Banking
they bi coiue eugiues oi ruthless oppression umi
lawless usury—grinding the laces of the >r cv.-
situus and waging a guerrilla warfare upon the
safer and belter mstitulioiw of the State. Tht
practice seems to have obtaiued, of late, with
some Banks, of sending their issues to distant
Slates, not seeking uor desiring a home circu
lution. As yet, it is not known, that mate
rial injury has resulted, but thut it is violativi
oi the correct principle of Bunking, is not to be
doubted. It is equally certain, thut their ul
t mute failure will bring reproach auddisbonoi
upon the State. Hence, it would be well for
L'ie legislature to investigate the extent, char
act-ir nd policy of these distant operations,—
Are sy not hazardous to the financial wel
fero t ■ tae State? Are they not inconsistent
with correct Banking principles? Are they
u»t uguinst the reason und spirit which prompt
ed the Legislature to charter them? Is it not
bud policy, for tue General Assembly of Geor
gia, virtually reestablish BaukslorotherStatcs.
although nominally located within uur limitsi
Those are grave questions. lam uot prepared
to say, what ought to be the effect, if investi
gation should furnish an affirmative answer to
them. That it would disclose a fearful evil
certain ; but whether it is within the reach ol
iegislative remedy, consistent with chartered
i ranchises, can only be determined by the facts
developed. If such disclosures should amount
to a fraud upou the intention ol the Legislature,
in granting the charter, or show a misuser o!
the charters, by their perversion to purposes
nut contemplated by their creation, the reme
dy is plain. The wnole subject is respectfully
submitted, and if uuthiug more valuable result
from its discussion, it will, at least inculcate
the saiulury lesson, that hereafter they shall be
granted upou such termsand restrictions as wih
prevent the evil.
In compliance with a resolution of the last
legislature, 1 appomUxl L. E. Bleckley, Esq.,
Solicitor General of the Coweta Circuit, to cu
quire into and report, the circumstances attend
nig the organization ot the Atlanta Bunk, uno
also its mode and places of transacting business.
He performed the duty w ith ability aud ueat
ui ss. It was a laborious service, uot necessa
rily appertaining to his office, and therefore, it
is but justice, tue Legislature should make ai;
apprupt iation fur his liberal compel,sat ion. lu
examining the R port, 1 did not deem the ir
regularities, in tue organization of the Bank ,
or the place aud mode ot its transactions, to b.
of such a character as to a forieitorc oi ,
charter, and therefore, I ha jJjLt caused jud -
eial proceedings to be instituted for-that put
poee. It is, bowel er, herewith submitted, lim<
you may take sucii action m the premises m
you -■■-. j deem proper aud expedient, ;
Ai?u> Executive cider, to torn over <
the assets of. v, n .fe-n iption, of the Centred
Bank, either in his bands or those of Attorneys
or Agents to two or more suitable Attorneys or
Atrenta, tho Treasurer, on tlie Isth of July,
1854, mitrnsted the name to Wm. L. Mitchel],
Esq., and James N. Bethune, Esn., with full
power to collect, compromise or dispose of up
on an ugreeinent, that they should retain one
half ot the 'amounts realized, ns compensation
for their services. These naseta were in great
confusion, consisting of Notes, Bills of Ex
change, returned aa insolvent, Attorneys re
ceipts mid fl fas, endorsed “Nulla bora," scat
tered over tho entire extent of the State. The
aggregate amount was §312,650 63. As yet,
but little lias been collected, and it is quite cer
tain, that the ultimate loss, on thia score, must
■be very large. The indebtedness of the Bank
exclusive of her outstanding Bonds, is about
§36,140,00. It is hoped, that sufficient may
be realized from tlieee assets, to pay thia lia
bility, but tho hope is not founded upon such
data’ us to make it confident. From the known
energy of the gentlemen entreated with them,
all that can, will be accomplished. For accu
rate information, ns to tho amount, thus far,
collected, you arc resjiectfully referred to tlie
Report of the Treasurer.
The Commission to wtllc the claims of the
creditors of the Diirim Bank upon the State,
under an act of the hmt General Assembly, ap
proved February 14th, 1854, performed the
duty luwigtH’d them. The Hou. Eli H. Baxter,
not accepting, Wm. L. M was ap
pointed in his stead. The Hon. M alter T.
Colquitt and Richard IT. Clark, Esq., were ap
pointed us Attorneys to represent tlie State
Itefore the Commissioners. Early however, in
the progress of the investigations, the foimcr
departed this life, whereby the labor mid respon
sibility were devolved upon the latter. It is
but a tribute of justice to bear testimony to
the signal ability and success, with which he
perfornnd the duty assignisl him. By his dili
gence, indiist>y and legal research, he doubtless
saved the State many thousand dollars. The
award of the Commissioners was upjiealed from
to the Superior Court of Bn'dwin county, and
■ tlience, tho questions of law were carried, by
| Writ of Error, to tlie Supr me Court. The
i ultimate liability of the State, including com-
|xnsuiion to the Commissioncra, Counsel fees
und Court costs, was only §48,500 00. By
authority of rhe act under which the proceed
ings were hud. this amount was paid, with the
proceeds of State Bonds, sold ut par, dated
July let, 1855, and payable ten years after
date, at tlie city of Savannah.
Public Printing.
The publication and distribution of the Laws
and Journal* of the lust la'gislature were not
. accomplished until a year after the time re
quired bv tho law regulating the duty of the
I’ublic Printer. This affords the second, of
two successive instances, showing the absolute
necessity ofrequu ingtliis work to be performed
ut tlie Seat of Government. The act of the
' 16th of February, 1854, clothes the Executive
with enlarged power over the subject and, under
proper circumstances, it might be exercised
with advantage. But there were considerations
connected with the delinquency of tlie late Pub
lic Printer which induced forbearance. Un
der that act, if the delay, in the delivery of the
; Laws and Journals, goes beyond six months, the
Executive is authorized to remove him from
’ the office and apjxiint a successor. Ere tlie ex
pirati n of six mouths however, the Public
’ Printer had tiie misfortune to lose, by lire, al
most tiie entire edition es tho House Journal.
Soon after thut, tlie city of Savannah was vis
ited by the Yellow Fever tad be fell on early
victim, leaving the work unfinished aud the
office vacant. Messrs. Boughton, Nisbet 4
Barnes of the Fideral Union press, were np
; pointed to reproduce the requisite number of
' copies of the burnt Journal, and they executed
the work with fidelity and dispatch. However
sad tiie reasons for the delay in this instance,
and however lai' they may go te remove tho
censure which the public mind, under other
circumstances, would visit upon the delinquent,
it docs not weaken the reason for requiring the
work to be douo herea|ter at tlie Beat of
J Government.
There is still another und unanswerable ar
gument in support ol such requisition. The
9lh section of Uie net referred to, very properly,
requires-the Compiler to read Uie proofs of tlie
Laws and carefully compare them with the en
rolled Acts. Those acts cannot be removed,
with propriety, from file iu the office of Secre
tary of Suite. Hence, the exceeding incon
venience, almost imprai flcability, of thus read
ing ind comparing tlie proofs. I therefore,
earnestly reeomniend, that, whoever inuy be
the Public Printer or wheresoever resident, ho
ahull be required, by law and the terms of his
Bond, to execute tiie work in the city of Mil
h'dzcvillc. It will secure dispatch, accuracy
aud fidelity.
A large amount of the expense of this branch
of the public service may be saved, wiQjout det
riment. The law requires the publication o
4000 copies of the Juurnuis of cacti House;
whereas, 2WJO copies oi each would be a must
ample supply. It is well known, that the Jour
nals, iu most coses, orc deposited with the
Ujerks of the Courts of the several counties
and are piled away unappropriated to mould
or rot or waste. It also requires 5000 copies
of tlie Laws, whereas 2500 would be suflieunt.
Why continue the UsJiss expense of so many
copies ol tlie Lows and Journals? Under this
bead, there muy be u still further reduction of
the expense, by printing the Journals in smal
ler tyjw. By the change, in these two respicts,
several thousand duilais muy be saved to tlie
I'reosury, without any delriuieui to the public
interest. I therefore reeuniineud the publica
tion of 2000 instead ol 4000 copies of each of
llie Journals, uud 2500, instead of f'ooo copies
or tne laws—the Journals in Long Primer, in
stead of Small Pica tjpe. The murginul notes
to tl>e Laws areulmosl useless; they may well
he disjieused with, and thus save auotlier very
considerable item of expense.
A still greater be effected by
letting tiie Public Printing to the lowest bid
der under sealed proposals, to be opened uud
die contract awarded, on a specified duy, by the
Executive .1 tiafelore recommend the adoption
of this plan of selecting the Public Printer.—
Fidelity and despatch inuy be secured bj’ re
sponsible Bondsmen and the continuance of
the powers ol' the Executive over the subject
with which be is clotbt d by the exit ling laws.
Mr. Chupman received on account ot print
ing the Laws and Journals the following sums,
toArit:
As an advance by legislative au-
thority, .... $6,600 00
Under Executive Warrant, - 811,too co
Freight on Journals pri pcrly
chargeable to him - - SIOO 00
I’aid J. Al. Cooper & Co., to
lift lieu for binding Laws, - 81,137 00
Amount iu the aggregate to - 818,237 00
For the work perlonntd bv him, according to
a.i estimate made by Geo. Ringlaud uud M m.
Barnes, practical printers, at the request ot tho
Executive, he was entitled to receive 813,749
eO, showing an over payment oi 84.487 21.
the estimate is bused on what he would bare
Ircen entitled to, according to the rates of com
pensation fixed by law prior to the act of 16th
February, 1854. He should be held down to
11 iose rales, on accuuut of bis failure to per
form the work according to contract, a faith
ful compliance with which oulv, entitled him to
the increased compensation provided lor by that
act. If however, he should be considered us
deserving, under the circumstances, the rules of
w mpeusuiion provided tor by that act, he
w-ouid tbcii be entitled tu receive lor the wuik
done by him the sum of 816,172 OU, which de
ducted from the 818,237 00, which he actually
received, shows uu over payment still of 82,-
065 00. For the one ur the other of these
amounts of over payment, according as the
Legislature shall hold loin to the rates c f com
pensation of the old or the new law, bis secu
rities are responsible to the iState. Under this
view ot the subject, it is respectfully submitted
to Hie General Assembly to determ.ue whether,
under the circumstances, they will direct suit
to be brought upon the Bund of thu State
Fr inter.
T<e S.at of Government.
The question ot the removal of tho iicat of
Government has been aghaled, Irom ume to
uue, tor many yens, llw Ut Leguiawuc,