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impressed with the Importance of its final set
tlement, referred it to the legal voters of the
State, and required them to endorse on their
tickets “removal” or “no removal," and “if to
be removed, where.” The following is the of
ficial vote, on the first Monday in October last,
according to the official returns on file in the
Executive Department:—No removal, 49,781,
Removal to Atlanta, 29,337; to Macon, 3,802;
to Thomasville, 1 ; to Savannah, 93 ; to Ma
rietta, 4; to Gordon, 1; to Fort Valley, 1; to
Griffiin, 313; to Wayneaborough, 1 ; to Rome
4 ; to Madison, 5; to Stone Mountain, 4; to
Indian Springs, 2; to Sandersville, 5; to Barns
ville, 1; to Hootensville, 1; to Augusta, 1; to
Clarksville, 1; to St; Simon's Island, 1; to
Lumpkin, 1; Removal to no place designated,
952 ; scattering, 14. The aggregate vote up
on the question of Removal, is 84,326 —of
which 49,781 were for “No Removal,” and but
34,545 for Removal to all other places. Hence,
it appears, that the majority for “No Remov
al” over all others, is 15,246. The Guberna
torial vote, at the late election, was about 104,-
250, showing that there were about 19,705 le
gal voters who did not vote on the question of
Removal. Hence, if it be a fair construction,
as it would seem to be. that their failure to
vote i expressive of their contentment with
Milledgevil e as the seat of Government, it is
evident, that the popular will is overwhelming
ly opposed to its Removal. If the Legislature
should concur in this view, then, it is due to
the public as well as to the citizens of M illedge
ville, that you should, at once, by decisive ac
tion, put a quietus to the further agitation of
the question. Not the least effectual mode of
accomplishing this object, will be to make ne
cessary repairs and additions to your public
buildings. The State House should b? repair
ed and suitably enlarged. The square shoo'd
be graded, cleared of the Arsenal, Maga; ifiO
and the four Churches, upon just compensation
to the respective denominations, set with shade
trees, and enclosed with a substantial iron
fence. The Executive Mansion, also, should
be thoroughly repaired and refurnished, and the
lot surrounded With an iron enclosure.
By resolution 6f the last Session, I was re
quested to furnish to each Branch of the Legis
lature, the amount of the original cost of the
public buildings at Milledgeville; exclusive of
the Penitentiary and Lunatic Assylum, and
what amount is necessary to so repair them as
to make them suitable for the purpose* for
which they were intended.’ This resolution pas
sed just at the close of the session, and conse
quently, could not be responded to, before its
adjournment. lam unable, even now, to give
a full reply. As far as can be ascertained, the
public buildings including State House, Ex
ecutive Mansion, and out houses, the Arsenal
and Magazine have coat, first and last, about
#300,000. 1 have engaged Messrs. Bholl &
Fay, professional Architects, to furnish infor
mation on the second branch of the resolution.
They have already submitted to mo a rough
sketch of the additions and improvements to
the State House which are necessary, and they
authorize me to say, that the whole can be
completed for #125,000. They are now enga
ged in making the necessary drawings and esti
mates of the expense, and at an early day they
will be ready for transmission to the Legisla
ture.
The State House is entirely unprotected a
gainst the ravages of fire. Yon should author
ize the construction of a large cistern on either
side, and the purchase of a Fire Engine
This precaution is highly important, and, cost
what it may, it will be wise and provident
economy.
Annual Sessions.
I recommend a return to annual Sessions ot
the General Assemb.y. The growing and di
versified interests of the State require it. The
people, in a popular government, should, every
year, have their minds specially directed to the
principles on which it is based and should be
conducted, and by their representatives, review
its administration. Nothing will so effectually
enforce responsibility upon its officers ot every
grade, from the highest to the lowest. 8o far
from being an evil, annual elections are im
portant ; they interest the masses in the politics
of their country, and the; become enlightened
by the discussions they provoke. The Execu
tive term begins and ends with the legislative,
and consequently, both Governor and Lcgisla
ture enter upon their respective departments
without much knowledge of the duties they re
quire. The Legislature adjourns and leaves
the government in the hands of the Executive ;
his term expires at the assernb ing of the next,
and no opportunity is affirded to review his
conduct, until as ter he has retired from office.
The remedy for this is a return to Annual Ses
sions. But the duration of the Session should
be limited by the Constitution.
. Education.
Our political system is based upon the max
im, that tlie people are capable of self-govern
ment. This pre-supposes intelligence, to know
how to govern, and virtqp, to g.vc that intelli
gence proper direction. Hence, the import
ance of a system of public education to enlight
en the intellects and moralize the hearts of the
masses. The importance of this subject is par
amount and should bring into requisition all
the wisdom of the Legislature, whilst the thou
sands of poor children within the State, too in
digent to provide for themselves the blessings
of education, but who must have it, as an iu
dispensible qualification for good citizenship,
should awaken an enlarged and benevolent lib
erality. The returns for 1854 show that 42,-
467 belong to Uns class, who are entitled to
participate iu the pittance of #23,3b8 provided
for their benefit. The considerations winch
should prompt to efficient action are apparent
to every reuectmg mind. They are such a*
challenge the attention of the highest states
manship We see them not only in the neces
sity of education to the perpetuity of popular
liberty, but iu the thousand social blessings
which it comers. It promotes public peace,
gives security to property, diminishes crime,
lightens the expense of administering the laws,
Bttuiil'utes enterprise, directs industry and ea[>-
ital, and hastens the march of civilization. The
difficulty is, not to determine what ought to be
done, but bow it shah bo done. The subject
becomes more and more embarrassing, each suc
cessive year, because the increuse of poor chil
dren, renders the amount of money adequate to
the emergency, more difficult to be raised.—
Hence, if the Legislature ever intend to come
up fully and fairly to the high mark of enlight
ened duty, it would seem, that the lime has ar
rived, when they should initiate a system capa
ble of gradual expansion and self satisfaction.
I shall venture no specific recommendation. I
prefer rather to submit the great subject to
your wisdom, animated as it must be, by pa
triotic desire, to promote the happiness and
prosperity of the State. But if 1 could com-;
mand the power to awaken the proper spirit aud
excite the proper liberality, I would make the
appeal, with an urgency which should be over
whelming. that the General Assemb.y will net
rise, until it shall nave redeemed the high obli
gations of the present, to future generations.—
Georgia is in advance, in material prosperity
and improvement —she is in the rear. on tue
subject of common school education. Ihe ship,
driven ogaiusl the wind, may sail rapidly, for a
time, without a helmsman, but site will be
wrecked at last. Education is to State pro
gress. what the helmsman is to the ship ; the
more rapid her career, without it, the sooner
she will bo stranded.
lu this eouueef.cn, the State University is
earues f ly couimeudd to your tosteruig care.—
Uy reference U> the actol 1785, "lor the nioiv
full and complete establishment of a public seat
of learning in this Blate,'’ it is quite eviueut,
that our f refathers designed to ir.c a Uuiver
sity of the mg. est cba.ac«er. it is apparent,
from the preatub e to tue bill a .d from t..e v<-
rv Li >end vu.lowiuvut for wi ich uiey provide
Invewolth. p ramouut niKirtune,- wh.eu
they attached to liberal ednc-t on, as a me 'it
of sustaining and perpetuating tree govern
ment, thev felt that it was a humdiat ng ac
knowledgment of the ignorance or luimunty
ot o<r own State, o send our youth übroad t
otuers, tor Us acquisition. It this, were true ui
1785. the policy wuicb they turn d.piorcd, i.*-
suu uwelioe deprecated now, when, by send
mg taeiu u> other status they are sinrooi.o
by ptqjud.oes an t uifiucUeOs our domes
Uc unutulivus, emeu ated to give an unwu-m
WSK direction to war scutinuuis. I'M wigi-
• nal design of the founders of our State Univer
‘ sity ought therefore to be completed and per-
■ fected. It should be so endowed, and furnuh
i ed with all the facilities for the prosecution of
■ scientific research, as to enable the devotees of
. learning, to reach the highest attainmeuta,—
■ Several other professorships should bo created,
, and ample appropriations made for such com
; pensation as will command the highest talaui to
fill them.
, By the liberality of the lato Dr. Will lain
Terrell, an Agricultural chair has been estab
lished and #IO,OOO donated, the interest of
which is to be applied to the support of its Pro
fegsor, in the State University. But thi* is in
adequate. To render the department efficient
and useful, the Legislature should, not only in
crease the sum to the extent of an ample en
dowment, but also make a suitable appropri
ation for fitting it up with ample means of in
struction, illustration and experiment. The ap
peal, upon this score, will not be in vsin. It
is the first movement, in Georgia, iu favor of
Agricultural education, hitherto more n -glect
ed, although more important, than any other
branch. The Prafeesor may produce annually
his course of Lectures, and delight his class
with the theory of Agriculture, but he must
have the means of illustration and experiment
to unfold its relations to, and dependence upon
Mineralogy, Geology, Botany, Chemistry, Nat
ural History and Mechanics. Agriculture is
the most important, because it is the foundation
of, all other pursuits. It supplies Commerce
and manufactures, in all their various and mul
tiplied departments, with whatever imparts to
them activity, prosperity and vitality. Hence
the indispensibility of its being directed and dig
nified by the light of science and the devotion
of educated mind.
Agriculture and Mining.
The promotion of Agriculture and the de
velopment of our Mineral resources should en
gage the earnest attention of the Legislature.—
In the older region of the State, much of the
iatids have been exhausted by tillage, and plan
ters are turning attention to the reclamation of
swamps, by ditching and embanking. The lat
ter process, in many instances, is prevented by
the fact, that embankments throw back water
over the lands of adjacent owners. When this
is the case, the apprehension of an injunction
arrests the enterprise. I recommend the pas
sage of a law to authorise any person owning
swamp land, on one side of a stream or creek,
to embank the same, although it should have
the effect to increase the witar over the swamp
of the other side, owned by another. Such an
act will greatly promote Bush enterprises and
lead to the reclamation of thousands of acres of
tlie most productive lands, which are, other
wise, valueless.
As a further means of encouraging Agricul
ture and the development of the mineral wealth
of the State, I recommend, that provision be
made by the Legislature for the appointment,
with a suitable salary, of State Geologist, Min
eralogist and Agricultural Chemist. His of
fice should be located at the Capitol and Iris
general duty should be to make a Geological
survey of the State, direct the mode of testing
for ores, analyze soils, and point out the vari
ous kinds of manures for their fertilization.—
To make the organization of such a department
efficient and useful, it would require the State
to be divided into Geological Districts, and the
employment of assistants. Its details however,
will readily suggest themselves to the legisla
ture, and the policy, once adopted in good ear
nest, time and experience will very soon perfect
it. A similar appointment, in other States,
has beet, attended with the most beneficial re
sults. It is more easy to adduce than to select
illustrations of its advantages. In Georgia, but
little attention has been devoted to Agricultu
ral education; and without disparagement to
mr planters, it must be confessed, that their
success is mainly the result of fertility of soil
and unconquerable energy and industry. They
owe but little to the application of scientific
principles to the multiplied details of the plan- 1
'ration. But as the lands become exhausted by
such a system of cultivation, they will refuse
tbeir wonted yield, until science shall come to
their rescue, by showing the means of their re
suscitation. The office under consideration will
to a considerable extent remedy this widespread
evil. By his analysis of specimens of soils fur
nished to him, he will explain to the owners the
character, components and quantity of tlie ma
nures required to fertilise them. By delivering
public lectures as often, and at as many pointe,
he may be able, be will instruct the inhabi
tants of whole Agricultural districts as to the
qualities of their lands, and the fertilizers beet
calculated to confer upon them the highest car
pacity fur production. This will soon awaken
the proper spirit among the people and lead, as
in nltimaie result, to a just appreciation of the
importance of Agricultural education. The
aggregate of advantage could be ascertained on
ly, by knowing fully the loss to the country,
irom the absence of, and the amount guiueo
by, the application of science to the operations
of the plantation. And how shall we estimate
the thrift and activity which such an appoint
ment will impart to the Mining interest of the
.State ? Her mountains and hills are rich tn
embedded mines of ore. As yet, we have made
but little progress iu their discovery. Vast
sums are expended, iu blind experiments.to as
certain their location, resulting often in Ute
hopeless ruin of rhe zealous seeker alter bidden
wealth. The large a’mwnt raved, in the work
of testing for ores, is Uw k»*t of the advanta
ges of the appointment r.'vl" oousideration.—
The actual wealth which would be developed
by the scientific direction of those operations, is
absolutely incalculable, whilst it would, at the
rame time, open new channels for capital and
industry, and furnish employment for tbousauds
of laborers. I may not dwell at greater length
upon this interesting topic. Iti imt it will en
gage the serious deliberations of the Legisla
ture, ami that they will act as becomes enlight
ened statesmen.
Weightsand Measures.
By an act of the last General Assembly, ap
proved February 9ui, 1854, the Governor was
directed, to cause to be procured in some cheap
and economical way, silty standards of weights
and measures, each to correspond in weight auu
measure, with those now in the Executive of
fice, for the use of the new and such old coun
ties, as have not been swpnluvi under the act ol
the 23d of December, 183?- Upon proper iu
vestigation, it was axsart'ibad that it would
require about #3,500; and fvs the Legislature
made no provision, for the payment, the act
has not been carried into execution. The object
,s important and you should make the requisite
appropriation.
Judiciary.
A ease has been brought to my notice, by the
enlightened courtesy of the Hon. W. B. Flem
ming, Judge ot the Eastern Circuit, which sug
gests the propriety of legislative remedy.
A man oy the name of McCollough Killed a
negro, the property of Robert Habersham,
Esq., at Fort Jackson. That place being un
der the exclusive control of the United Elates,
although wi.hiu the county of Chatham, be was
indicted betore the Circuit Court of the U nited
States, and under the charge of J udge N icoli,
was acquitted, on the ground, that the Court
had no jurisdiction. He was subsequently in
dieted in tue Superior Court of Chatham and
was acquitted upon the piea of former acquittal,
i'he negro was shot at Fort Jackson, but died
oeyoud it. Heuce, the Circuit Court had no
jurisdiction. If he bad been prosecuted ui th.
nrst instance in Chatham Superior Court, then
me piea to the jur.edielioo, sustained by Ua.
provi. that the act was committed at Fori
Jackson, which belongs to the' United Stales,
wouid have produced ms acquittal. Heuce Ua.
Legislature should provide, uiat, iu sucua case.
,ue prosecuu.u may be had, and tae utleudc;
.ned iu the county, ui which the death takes
place.
I'he object of punishment is to prevent
crime, Io be effectual, it must be sufficiently
revere, to operate as a terror to evil doers, au’>
and sufficiently certain, to cut of the hope oi
uipuuiiy. li it be too uiiid, the oficuder wa.
intacr endure ft, lhau forego Hie graldicaliou
>r U.S vicious and unlaw nil designs. li inure
.aaa comul.usurate with cue lurp.ude o. Uiv
rime, UsuveXs tac eciae i puoi.v justice, ami
Icousequeutiy, Um» itsl.-^.-seor escapes.
.ouauiw are - . .a US* ta th* *as.
*»wu, approved Zc wp*
“ ing Penitentiary punishment on Faro dealing,
“ and gaming of that character. The evil in
- tended to be prevented is great, but the law
f fails to answer the purpose. There has not
f been a single conviction under it. The offence
foes entirely unpunished—even unprosecuted.
t abounds in all our cities and at our firshion
r able watering places. It is bold; it scarcely
) seeks to conceal itself from public gaze- Why
ie this? It is becasse the penalty is too se
i vere. Public opinion does not demand that it
- shall be visited with Penitentiary imprisou
f neat Hence, the law goes unexecuted, and
- instead of preventing, it lias increased the evil
it designed to suppress. I therefiire recommend
t its repeal, or such modification as will adjust
- the penalty to the nature of the offence.
The law organizing the Supreme Court for
■ the Correction of Errors, requires that tribunal
■ to hold its sessions at nine different points in
■ the State, to-wit: Columbus, Americus, Macon,
; Decatur, Milledgeville, Augusta, Cainsville,
r Cassville and Savannah, and to deliver tbeir
- opinions upon each case, during the respective
■ Terms. Thia imposes so much travel upon the
Judges, and such ha to in the formation oi
■ opinions, as not only to make their labors al
. most intolerable, but deprives them of the time
for deliberation and patient research, so indis
pensable for the correct determination of im
portant legal questions. This is a glaring de
fect and disqualifies the Court from being as
useful to the State as t might and would lie,
if it were cured. It is doubtless, the true
ik the dissatisfaction with the Gouri,
which obtains in some sections of the State,
end threatens its abolition. This would be u
retrograde movement, and the idea is not to be
tolerated for a moment. The most enlightened
Courts sometimes err, even under circumstances
moat favorable for the investigation of truth.—
Organized as u our Supreme Court, the won
der is that it does not err oftener, and instead
of this furnishing a ground for dispensing with,
it ought to present enlightened men with the
strongest reason for remedying its imperfec
tions. I therefore recommend, that the Con
stitution be so altered at to confine its sessions
to the one point in the State; and as the State
is collecting a valuable Law Library at the
Capitol, it is the proper point for its perman
ent location. They should also be permitted,
when the Judges may desire, to hold up cases
for further deliberation and investigation.—
Thia will correct the prominent defects iu its
organisation and render it more efficient.
Retail License.
It is painful to the patriot and Christian to
witness the ravages of intemperance. Like
war and pestilence, it leaves iu its pathway its
millions of victims slain, lamentation and wo.
It pours desecration and contempt upon all
that is hallowed in domestic life, and all that
is sacred in the rites of our holy religion. The
good man naturally enquires for a remedy. He
look* back upon tue past—eloquence and ar
gument have grappled wi h it, social organiza
tion has exerted its combined instrumentality.
Christianity has wept and prayed over it—and
yet the evil the continue*. Losing sight of the
potency of moral suasian, losing faith in the
ultimate triumph of truth and virtue, and im
patient for summary relief, he feels that legisla
tion must oome to ths rescue, by prohibiting
the sale of intoxicating liquor*. This load* us
to search for the delicate line which define* the
legitimate sphere of the oivil power. The legis
lature is the guardian of the general welfare.—
It is it* duty to secure public peace and tran
qulity, and to protect persons, character and
property. But why? Not because religion
enjoins, but because the interest of the body
social demands it*. Hence, social and civil
necessity only should both prompt and limit
legislative action; the promotion of the morali
ty which religion inculcate* must be an inci
flsntal result, not the primary object. This is
the true criterion to guide the law-making pow
er. To transcend it is fanaticism, because it is
the recognition of a principle, which would
justify the civil authority iu ta ing charge ol
the consciences of men and enforceing moral
reforms by law, which can only be legitimately
done by appeals to reason. Hence, the dauger
snd impolicy of attempting to aid the temper
ance cause by legislative prohibition of the
traffic iu ardent spirits. It is not only wrong
a* a principle of legislation, but the public
sentiment being adv rse to it, the law would
not be enforced, intemperance would be uudi
minished, and the social evil* aggravated,
which it would design to suppress.
It does not follow however that there are not
abuses connected with our retail license law,
which are within the legitimate reach of the
Legislative arm. Whoever will examine the
criminal dockets of our Courts, will see abund
ant proof, that the system needs the restraint of
a more rigid and wholesome police. It is the
fruitful source of crime against life, person,
property and the public peace; and therefore it
is tne duty of the Legislature to apply a reme
dy. I have given this subject much reflection
aud am sausfied that, if the existing law?
could be sternly enforced, most of the evils
connected with our licen»e system would cease.
Why are they not enforced? It is because
public sentiment is opposed to them? Is it be
cause good citizens do not approve them? Is
it because the penalities are too severe? By no
means. But it is because their violation is
covered iu secrecy aud darkuos, so that they
escape discovery aud detection. The grand
delect therefore, is apparent. It lies in the- fact,
that the existing law require* the Clerk of tlie
Inferior Court of each County, to grant, as a
matter of course, a license to every u.an who
complies with its precedent conditions. Hence,
in too many iustuiiees, bad and unprincipled
men obtain permission to retail, who dety the
restraints of the law, if they cun conceal its
violation. Now suppose the retail traffic were
confined to me* who would respect and faith
fully obey tne laws for its regulation, is it nut
evident that the- great mas* ot existinfi evils
that afflict society would cease? The remedy
then, is to confine the granting of license to
such men. How can you effect this? With
draw the granting power from the Clerk, aud
vest it iu the sound discretion of the luferior
Court of each county. A* the guardian* of
the general welfare, they will exclude vicious
and corrupt men from the traffic, and confide it
to those whose known fidelity to the laws oi
the laud will be a guarantee for well regulated,
and orderly houses. I feel confident, that this
change in the license law, would vindicate it
self, by the benefit* it would diffuse, and meet
a sustaining response in the public sentiment.
Military.
Our milatia system requires entire roorgani
tion. I might be well to substitute a commu
tation tax iu lieu of lhe present onerous requis
ition of personal service, at the option of the
militiamen.
The State should encourage the organization
of volunteer companions. The judicious appli
cation of the fund arising from *lio commuta
tion would be well devoted to that object.
Previous to the last Congress, the Slate loel
largely in the quota of arms to which she was
enutlwi from the Federal government under
the law of 1808, on account of the imperfect
returns of our militia. We have lost not les
thau §50,000, equal to 3846 muskets. But
the law is now so amended, as to distribute lh>-
quotas of arms to the several States, according
to their representation in Congress. iStiu
however it is important for you to adopt some
plan to ascertain the numerical strength of our
militia. It may be dune by requiring the
Receiver of tax returns in the several counties
lo make a list of of all male citizens between
ages of 18 and 45 yeeara. This list could be
tabulated among their respective regiments,
brigades and divisions under the direction oi
the Governor. Tais would enable the com
mandvr-in-chief in ea*. of a call for troops by
the r eneral government, if the number were
greater than could be ra eed by volunteers, U
equalize the draft among the several military
d.vieio is.
The state will in a few years be supplied by
a well educated, scientific and efficient corps o.
yom g men t, offic r her troo.is. should neccs
s.ty require, in lhe gradua.es" of the Georgia
Military Institute, capable to discharge tac du
ties of any pewt, in any department ot military
survive. I'wo classes, one of six and the otiu
oi tiiueii members, have already been giadu
used; their scientific skid and military Know
cage, can readily be made avadab.e and ta
. m.iuiiar ot tav Stata pureo
■ upon a pennaueui footiog.
, There are in the a.’seuaJ, at Savannah, 30
- pieces of seige and field artilery. Most of
i them have been condemned as useless. They
t should be sold. The arms, in both our arsen
? als are of obsolete model. These also, with the
. exception of the Tower muskets in the arsenal
- at Milledguvllle, should be exchanged for new
r and efficient weapons.
-1 commend to your fosterning care tlie Geo
. gia Military Institute. It is destined to sup
ply a great aud important desideratum—milita-
. ry education and a nurture of a proper milita-
I ry spirit. Having enjoyed peece so long, wt
I permit both to be neglected. The character ol
I our civil institutions aud the pursuits of otu
. people are not calculated to stimulate the arte
of war. It is well to be so; but we ought to
profit by tlie lesson of history, that no people
every preserved their freedom who were not
both willing and prepared to fight fur it.
Academy for the Blind.
I transmit the third Annual Report of the
Georgia Academy for the B.ind, and respectful
ly refer you thereto, fur information as to its
progress and fin. ucial operations. The sight
less objects of its care are entitled to the sym
pathy and aid of every patriot and philanthro
pist. The suecvsaeons of day and night—tin
changes of the seocon, clothing Nature in the
loveliness of infinitely variegated colors, are al
uneujoyed, unappreciated by the blind. To
them, earthly existence is one long, dark, mon
otonous night, without a glimmering star to
relieve its glocm. Let the Legislature take
them under its fosteruing care, aud nurse tin
infant school into vigorous maturity and effi
cient usefulness.
Georgia Asylum for the Deaf and Dumb.
The Georgia Asylum for the Deaf and Dumb
presents similur cla.ms upon your favorable
consideration. Its sixth Annual Report, here
with transmited', shows that it is jjftidaally ad
vancing in usefulness. The institution needs
more extended accommodations, in tlie way ol
buildings. The Report represents, that about
#B,OOO will lie sufficient for the purpose, and
asks the Legislature for its appropriation. It
would be well, also, that provision should be
made for tlie employment of an agent, to de.
vote his whole time iu seeking out and bringing
institution the unfortunate objects whom it is
designed to benefit The same individual might
also be tnc agent of of the Academy for the
Blind, and thus perform the service for both
establishments. This arrangement would be,
at once, economical and useful, and bring the
Blind and the Mute within the genial sphere ol
an education adapted to their respective condi
tion.
Lunatic Asylum.
The Lunatic Asylum, although far from com
pletion, both as to the necessary buildings aud
the full consumation es the object of its esta
blishment, is yet sufficiently advanced to become
a fixed and settled object of Legislative regard
and sup ort Its ultimate suecds is now beyond
contingency. It is destined to be an honor to
the taste, liberality and philanthropy ofGa.Un
tbs Act, approved February 18th, 1854,1 ap
pointed Lis. R. D. Arnold, Richard Moore dnd
Philip Minis, and Hines Holt and A. M. Nis
bet, Eaqra, to investigate and determine upon
the building* necessary to be erected, for the ad
ditional accomm datfoa of Lvnatctf
Upon the resiguati on of Dr. Mini* and
Col. Holt, their vacancy was filled by the ap
pointment of R. H. Ramsay and Nathan Mc-
Gehee, Esqrs. The necessary buildings have
been determined upon, put under contract aud
are in rapid progress of construction. I refer
you to the report of this board herewith trans
mitted, for the details of their proceedings, the
terms of tlie contracts for the buildings, the
amount expended, and the amount necessary to
tbeir completion.
Looking to the proviso of the fourth section
of this act, I first doubted whether it authorized
the work to proceed, if the estimates transcend
ed #50,000. But being satisfied, as it most
appear to every intelligent man, that the insii
tutiou could not be enlarged to an extent equal
to the necessity of tlie case, not in architectural
harmosy with the original design, nor in ac
cordance with the character f the State, my
construction of the proviso was, that It intend
ed to limit the the expenditures to #50.000,
prior to another session of the Legislature. It
was the opinion, also of the commissioners, a
majorittof them being physicians feai I .r with
the ueecwesitiefl oi such Institutions, that if the
Legislature iutened to limit tlie extent of the
improvements within the aggregate and fiuai
sum of #50,000, it was totally inadequate to
I'urnisb the necessary additional accommoda
tions. Hence, it seemed to be tlie reasonable
intention of the act, to initiate such improve
ments and additions to the Asylum buildings,
as would enable the institution to fulfil the
end of itsestablishmeut, to appropriate #50,-
000 for the first two years and leave it to a
succeeding Leglisture to complete the work. 1
Under the construction of the law, I did not '
hesitate to sanction the report of the gentlemen i
appointed, aud permit the work to progress.— '
It will devolve upon the Legislature to make I
the appropriation necessary for its completion.
I herewith transmit the bi-eunial report ot
the trustees. Buperiuteudeui and Resident
Physician. From them you will learn fully
the progress, condition aud operations of the
institution, all reflecting credit upon the faeul
ity of those to whom ite interests are confided.
They will pisclose to you its wants: let them be
supplied with a liberality commensurate with
the claims of the unfortunate deemed, and wor
thy the character of a great auu growin..
State.
Pardoing Pourer.
The Executive is charged with no duty more
embarrassing and delicate than that of deciding
upon petition* for purdon. in most cases, the
application is sustained, nut only by a long list
ut siguera, but by the streaming tears of the
heart brukeu wile or mother. To resist sucu
appeals requires a lirmnes of nerve, bordering
upon stoicism, aud a deafness to the cry of dis
tress, which resembles indufereuce to haman woe.
But the Executive, whilst be rexnemOers hie i
oath to execute the law iu “mercy,' must also |
look steadfastly to the great interest* of society I
wh chare involved in the exercise of the pardon-;
ing power. The public are deeply concerned
in the proper punishment crime. The security
of life, property, reputation aud the social weai
depend upon it. Certainty aud uuformity iu
the execution of the criminal laws are ofiucalcu
able importance. They are terrors to evil doers,
whilst facility, in pardoning offence*, gives ucense
to the commission of crime, by holding up the
hope of impunity. Impressed with these views
aud the opnnoi, t'iat too much clemency has
tx-eu heretofore practised, I have interposed with
great caution. For the purpose of preserving
consistency aud settling the principles upon
which this power should be exercised, 1 have
opened a book in thisoffee, entitled the ■•Pardon
Docket,” in which every ease of application is
entered, and the .reasons briefly staled on which
it was decided; aud 1 have aduped writen rules
fur my guidance. In order that proper responsi
bility to the public may be secured,! respectful
ly reeomend toe passage of a law requtrering
the Executive, in future, to communicate to the
Legislature, at the opening of each session, a
full list if pardons granted, together with a state
ment of the reasons on which lus decision of each
case was predicated. This will draw attention
to, aud result in tue formation of sounder public
opinion upon this important subject.
Uuder the provision of the seventh section ot
the first artime of the constitution of this State,
on the 6th oi June last, I respited the sentence
agmst Jacob Mercer, convicted of the murder
ot Green B. Lee, m the country of Stewart, auu
adjudged to be hung on the sth day o June.
18-05. Un the 251 u day of August -ast, I aisu
respited the sentence agtusi J onu T. Bov d, cuu
vicied ol the murder, iu the second degree, ul
Alexander M. Ksuuioon, iu the county ut Mus
cogee, and adjudged to be hung uu tue 7th day
ul September, 1805. The sentence in both case?,
is respited uulu Uie 23d day ui toe prvseut muntii
• it win tueieivte uenuovetoe Le s ilature togiv'.
cueir early attention to tuese ca* s. It is u .
icsigueoluai toeactiuuoi toe teae u ive, shiuu
K cu-Jirued into uu expr<.*:.i n oi opinion, x
.v wual oiigu'. to be toe hum ui to
l* gls.aiuic. 1 uucasusSiiuUiU be deciUeu Str.ui
dip uued upon uiy uciiot*, i iext cOuad to g V
. utoOrto-MbU: Couv.v.o toe ueueht to v-er,
extesutetaig euetUMtenw, *ad ca«i upu* im
D pardoning power the responsibility of delermin
,j ing their fate.
i Former Legislatures, in few instances, have
j. exercised the pardoning power, by pmiug laws
e fur that purpose, in cases not capital. The con
j stitutionality of such action is so questionable,
t that it ough’t never again to be attempted.
Tho 7th section of thelst article of the Btate
> constitution, confers upou the Governor thc
k power “to grant pardons, or to remit any part
-of a seatauce, iu il. cases after conviction, ex-
- cept for treason or murder, in which case ho
t may respite the uxcution and moke report tbereoi
1 to too next General AAiembly, by wuom a pur
i don may be granted.” Heucu the power to
, pardon in case not capital, is entirely distinct
, trutn the power to pardon iu capital ofieuces.
I'ho one u vested in the Governor, tho otlier iu
t the General Assembly. Therelure toe first sec
tion of tho first article of the constitution womu
seem to settle the question. It declares that
‘ -toe Legislative, Executive and Judiciary de-
• partiuents shall be couliued to a separate body
- ot magistracy; aud no person or cuUucliou u.
» liersuus, bemg one of those departments, shah
exercise any power properly atuicuud to eituui
ot the others, except iu too instaucee hereiu ex
pressiy permitted. It is ueedtou to say, Uuii
toe power under eousiuoraiion is uot one ut ttwai
■•msiauces.'' Tue executive will always reapec.
the wishes of the Legislature, uuU toerciuru, it
> were better for them to recommend turn to pur-
- dun, where in cases not capital, they think ciem
i uu«y is due, than to attempt toe exercise oi a
power so questionable as imiuiacaucul ot u la»
- tor that purpose,
Boundary line between Florida and Georgia.
Iu cuuioriuity with an interlocutory decree
uftlie riupremc Court of the United Blates, the
i tost General AsSeuiuiy, by resuiutiuu, requileu
- toe Executive to appoint a Uonuuissiuum uno
Surveyor ou the purl ut Georgia, iu iuu auu
marz toe boundary line between the Blates ui
. r lurida and Georgia, wueuever the tormur shuma
oiguily its acceptance ol the decree aud its read
iness to proceed therewith. This resolution was
duly executed by the appointment ul Alex. A.
Anon, Esq., as Cummisaiuuer, aud James R.
> Buits e Esq, as purveyor, uu toe part of tuis
Blate. 1 nese gentlemen, iu cuujuuetiuu with
me Commissiuuer aud Surveyor ou tne part oi
Florida, devoted four moutus to the pruoucutiou
ol tue work; and by toe amount ol labor per
formed, Uie iniormaUun collected, aud the scieuci.
exhibited, they fully evinced tour industry,
fidelity aud capacity. But tlie survey was nut
oompieted. It was abruptly terminated by a
uiistiudersiauding between the two Commission
ere, as to the teiuis agreed upua, oa which the
work should be perl or wed. Thia, with other
causes, prevented a hearing of tha case pending
between toe two 8 tales, at the last sessiuu ul
toe Suprem Court; aud upou motion of the
Attorney General of the United 6tales, toe
United btatea was permitted by the Court to
intervene, aud to become a party thereto. This
is the present status of this uupieasout contro
versy.
By letter dated 24th of September of the
present year Governor Broome proposed, that
oy the consent of the Executives ui the respec
tive State*, the cause should be continued, in
order to obtain from the Legislature of etcu
State authority for the settfeuieat of the ques
aud it* removal Irum the Court.” Alter consul
tenon with John McFhersau Berncu, Esq, the
lending counsel m behalf of Geuigm, this prop
osition was accepted, and the cause wui be con
tinued for the purpose indicated. Florida h
me complaining party and instituted the suit.
Hence, it was (Lcmcd beet to yield to her wishes
thus expressed, uot umy us a matter of cum tesy,
bat to evince a readnieM to reciprocate every
indication of amity emeuatiug hum her. The
existence of litigation between adjoining sister
States of the confederacy, ideu.ified in interest,
ie a matter deeply to be deplored. It is better
to teruuuate it by settlement, if possible—more
consonant with the dignity and decorum wuich
should characterize their mtei course. The tone
and tenor of Governor Broome s letter is such,
as to justify the hope that tne effui t may icod
to the most grainy mg result. lie| says, it is
believed, that, with too information acquired by
t e commssion of last year, a settiemeul may be
effected, provided u proper spirit of conciliation '
! exists, and of this be entertains no doubt.” L j
will doubtless buyout pleasure to meet the State
of Flurida, on toe terms aud in the spirit pro
posed. 1 therefore re pectfully suggest, tuat
tue General Astombly adopt sucu measure as
will enable tee negotiation to be entered upou,
lor the settlement of this long standing contro
versy. The- manner of conducting it, whether t
by toe Executive ur by a special commissioner
c.othcd with the requesite power, will be pros
cribed by the Dugisisture. Tho matter i* re»-
pectiluiiy submitted aud your acuuu invoked.
Brunswick
The resolution of the last Legislature, approv
ed February loth, 1854, recoiumeudmg to the
i c ongress ul the United Blates, the establishment
j of a Naval Depot, at Brunswick, was forwarded
i to our senators aud Kcpreseiitativcs. They
• brought the subject before Cong lews and ehcced
! a report from the Bucretaiy ut toe Navy, b gh-
iy lavorable to the ultimate sucues of tue euiei
pnse. When it is considered that Brunswick!
alters the best harbor lor shipping South oi the
c husapeake, that it is a point at which ail the
material tor ship building aud repairing can be
obtained on toe must luvorab u teims, tnat there
is no Navy Yard between Nurtoik aud i’ctisu
cola, a length of coast ui nearly two thousand !
miles, that it is capable ot being made a slruug <
point fur military deieuce to tne Southern At-.
iautic coast, aud tout it is the uuXc.ru! «utiet to ;
unit ocean, tor toe extensive cruvsl aud trade j
ol the vast country streieniug from toe Gulf ui '
Mexico, the object contemplated by the rcsoiu-.
lion ta one of deep concern to the State ot i
Geucgiu. It ahuuid be urged by ail propei I
means aud influence*.
Federal Relations.
I herewith transmit resolutions and act* ol
the Legislatures ot toe various Stale* wiiicu
have been forwarded to tumuepartuieut. They
either concern directly or indirectly, our Feuerai
' itelatious; uud some ul them are ui a character
which renders it doubtl'ui, whether a proper sell
i respect suouhi nut have dictated their uient re
tuiu to toe source whence they cauuiatud. But
it is deemed bust to err uu toe sideot courtesy,
aud viewed in cuuncctiou with toe present po
litical condition, oi our country, they suggest
matter of the gravest import lor our euusidura
tion.
hi 1850, the people of Georgia, responding to
a FroeiumaUou ol touir Chief Magistrate, nut
in Convention, far toe purpose “of J*t*rmiuiug
1 the course wiucu the state would pursue, iu re
-1 fcreuce to a series of Acte passed by the Cuugruu
! ut tne Umled States, known os too “Compro
mise measures.' ” All those uicuure*, "directly
! ur indirectly affected the institution ot slavery,
' but were designed to form a couuecuxi,
1 scheme of pacific adjustment.” While Geor
gia found m it "matter forobjection aud mallei
! tor approval,” still, m a spirit ot devotiou iu tot
' Umuu, she caimiy, coiisiuerud in buvereigu
Convention, wLetuer, “consistent to her honor,
\ sue coaid "abide by the general scheme ol pa
-1 citicatiuu,” aud whether her interest lay "iu ad
hereuce to it, or iu resistance.’ The result was
1 tual whilst she did uot "wholly approve, yei
sue would "abide by it,” as a permanent adjust
-1 ineut of this sectional controversy. But sui
‘ did so upon terms, bhe put tue woriu epuu
notice. Inal sue “will auu ought to resist, eve-..
V ui last result) to a disruption of every lie
uiat binds her to Uie Umuu, auy inture acuuu
' ol congress, upon the sub,ect ol slavery in toe
’ D.Strict Ol Columbia, or in plums subject tc
-ue jurisdiction of Cuugiews lucumputnue wiu.
‘ me solely, aoiues.m truuquuny, tue nguts auu
' auuui' ui slaveuo.diug Bmuts, ur auy act sup-
J pressing toe SiUVo Uaue uetwum toe siaveUvm
.ng Bonus, ur auy reiusiu to auui.t, ao a bui.v
auy territory ueieulter a r p<y.ug, uecauae ui to
existence oi Bravery therein, ur auy act pruuiu.
aug the introduction ul staves lUto toe ter. Hoi ie
!' of v. toa.aiklNew Mexico, or auy.uct i.peahu o o.
.ha Liialiy uiouiiyiug toe raws uuw in .nice iui
tae recovery oi logiliv. saves. it was Uopru
ibcttU nUu-U pfuVC, WIMLI LizC*-
•vert prOJl itd cC, u iiudra uUjIULIUVUt ui ».**
.u c j a-d Hull U*c cuuuu j w ,-u.-
u. ce ji re rt-ju,' repose. Il was u-.-pua, t—i
m.-. r —-a- •* saermue, isvu.v.ug
. j -utrciMlc-' oi ail pu t.cipatiuu, uu toe part u
I .tic Dra.-—m... a Bratta ra Uie vast lectiiMiy «.!
w vadiurara- to* sy-r-i. to ITA t
would be appeased. It won hoped, that the ex
hibition of such disinterested devotion to Hire
Union would provoke a cordial reciprocation,
> on the part of nomdaveholding States, aud re-
■ store those fraternal relations, between tlie two
, great sections of the Confederacy, which prorap
. ted the tuaguanimous compromise* of the Con
, stitution. But this hope has nut been realized.
: The agitation coutinuto. The sterm cloud still
l obscures tlie glorious light of our political firm-
- anent, and threaten* to discharge iu thunder on
i our heads.
i Tne laws now in force for the recovery o
- fugitive blavee, have not been repealed or ma
i terially modified. But it is constantly threat
ened. The Convention of 1850, expretwen the
. deliberate opinion, tliat “upon tlie iaithfui exe
i cution of tho Fugitive Slave Law, by the
■ proper authorities, depends the preetrvuuou oi
i our much loved Union.” How eonteniptuous
. ly has the declaration been treated in some ol
the non-slavehoiuiiig States! In Massachusetts
Vermont aud other States, act* have been
passed, virtually nsllifying the law. In some
.u3tauciM, it has been executed, and with great,
difficulty iu every instance, where it has been.
A slave escaped trom Maryland into I’enusyl
vania. His owner went to recaptu e him—
was butchered, and the Courts failed to execute
tlie taw or punish the crime. A stave escaped
. iiom Virginia to tlie city of Boston. Tu effect
ms recovery, the President had to order the
army aud navy to protect the Marshal, at an
expense of mure Uiuu #IOO,UUU. Such are
specimens of the manner in which the Fugitive
Slave Liw is enforced, although toe Georgia
Convention declared, that the Union depends
upou its lailhiul execution. A case lor resist
ance however, is uot made, un il it shall be re
pealed or materially modified by Congress.—
t'herefore, if no redress cun be had, consistently 7
with the Constitution, in the adoption of retali
atory measures, let us “iu putieuce possess
our souls,” trusting tliat the patriotism of the
North may yet be rallied to the rescue.
The compromise measures of 1850, established
the principle, that the people ot Uie territories
sliuuld determine diequesliou of slavery fur tbeiu
sleves, aud that hereafter, such territories shuuio
be admitted, as States, into the U niou, with ur
without slavery, as they should decide. The
last Congress passed an act to organize territo
rial governments fur Kansas and Nebraska, in
which this principle was practically applied ;
aud by the repea of the Missouri proh.bitio
which it contains, it opens those territories to
the slaveholder, with bis property. The late
election* in Kansas show, that a large majority
of the people are in favor of adopting slavery as
a part of tbeir domestic system ; aud the indi
catisus are, that she will probable apply, during
theeusuing Congress, foradmi&iiou to the Union
as a slavehulditig State. This bring* up the
paramount question of the day. Looking tu
the elements of tho next Congress, it seems, that
the anti-slavery free soil sentiment is iu the ar
cendency, and that her application will be re
jected. This therefore ie the, condition of af
fairs—on the one hand, we see the threat, aud
the power to execute it, to refuse the admission
of this territory into the Union, “because of the
existence of slavery thereinon the other,
Georgia stands pledged to resist such an act,
• even (a» a last resort) to a disruption” of the
Union. How then, can we secure the admis
sion of Kansas as a slavehuidiug State, without
resorting to this fearful ultimatum ? It can on
ly be duue by an unflinching adherence to the
position which the State has taken. She is Uie
centre of the column ot her Southern confeder
ates ; they will rally around aud sustain her. —
If she falters, all is lost. The determination to
resist is settled—the manner is not. The Con
vention failed to specify iu this partiuciar. It
being the province of the sovereignty, the
Legislature cannot supply the omission. 1
therefore recommend you to provide by law, for
be calling of a S late Convention, ui the event of
the rejection of Kansas, “because of the exis
tence us slavery therein,” to deliberate upou
aud determine the time and mode of the rwis
lauce contemplated by the 4th resolution of
the Convention of 1860.
The benefits of such action by the Lo islature
are apparent. Should the contingency arise
after your adjournment, it wuuld make the call
iuf un extra session absolutely necessary. By
j providing for it now, you save a heavy expense
10 the Treasury.
Another advantage will be the conviction
upon the minds of tue people of Ibe uoii-slavu
uuidiug Stales, tnat Georgia is iu earnest.—
Ulis is importaut, for Uiey do not believe iu—
I'huir Ireesoil picasi* aud speaker* ridicule tlx
idea, that we are the least serious iu ouravoweu
duterniiuatiou to resist. We leei aud know lliai
we are ; aud us a matter ut mere good faith,
we should undeceive them, ere their delusion
betray them to extremes, tium which there is
uo retreat.
Such action moreover, will furnish the sound
: Constitutional nieu of the North, with the must
potent argument by whicu to appeal to the pa
irioiisiu ol tiiuir leiiuw-cilizeus. il will oireal
the attention ul all thinking uiiuds, aud rous
to We niguest degree, bat devotion lo tho Un
ion which auiiuuies the b.«uuis ol toe musses in
every section. .1 will “strungthen the Ituties
and uula up tlie bauds ' of that miri pid bauu
ui Northern patriots, wuo, both ill uud out oi
Congress, are willing to stand by the South in
tuta perilous struggle. 11 we tail to main
tain our position, tney, fail; we strike iiuui
them the prop that support* them; they wii.
I be overwhelmed lor fuliy, 11 they attempt ti.
j viudieute uur lights, alter we have tailed lu
| Oat tie lor them.
■ Nor au'juid such action by the Legislature
I be r-gaided in the light ul u threat tu Uie non
! siaveuOidiug Stales. That would be asdeiugu
! tory totned.guity ofueargta, as it w .u d l«
i wuuuduig lu uaur price. But lu tae Words u,
! tue Cvuvenliuu ut 185 U, “we should addies* to
tueni the language of culm aud irauk remuo
.itrauce, latuer tirau oi defiance or meuuee. —
IV e Woo d recaii tavra tu tue laithfui discharge
ui duty us eoinedcrates, by an appeal lo thou
.eaauu aud taeir uiurat seuse.' 11, aitei all, th
appeal, iu the form suggested, should prove uu
availing, we should nave tue pioud suiistactiou.
us Uaviug placed uur Btate InuiiiptauiUy in Ita
right, uuu oi casting upou them tue learlul re
sponsibility of driving del' to her learml uituuu
turn.
Let uie not be understood as counselling rasi.
aud precipitate action. Tne cull of such a
Convention, should it become necessary, might
uul, as u matter of course, lead to disuuiuu. ii
might be within the scope ol human wisdom to
devise other uieaua ot redress, it would cer
taiuiy be their duty, as it would bo their desire,
11 possibiu, to do so. “Disruption” should in
deed be tne "last resort.”
Bull however, ii they should, after mature
deliberation, become uustied, that iliasuiuuui'
would be tae only remedy, it could uot, iu tin
very nature oi Uie case, be carried luto iustau
effect, it would require several mouths, uuu
during that time, tne reaction iu the uou-s.ave
uuidiug Brales might be so decided and saluta
ry, us to evince a senseol returning justice uuu
oi renewed teaity to the Cuustilutiuu. iudeeu
we already see the indication ui' a tavura
ote reaction, wuich encourages the hope, thu
tue patri’ilism oi Ibe North will save us trou.
tue necessity ui rraortiug to the ultimatum u,
me "Georgia Etaliom. ’ It is eviuced by th'
recent electrons, uud aas Iksju brought übuui
uy tue noble uud self sacrificing effort* of tue
»juud lueu ul Uie UeU-oiaveuo.diiig Blates. A'
ad events, tne Convention wou,d nut act mistily
iVuust tucy would proceed with the nrmuewt ui
auu.terabie purpose, they woiud also act wi.u
nerl considered prune.ice and caution, i'uey
would uot ixiupl uu tr .luuUue lor Itmuediate un>.
auvuudilluu Idisrupti-iu, but provide for it to
take rtiect ut a uay future, sulffcieuiiy remote ie
aonut of lui* reacuon
lu tee rueau lune the popurar elections wu
.ave uite?p.rud ra l<»e uuu-s.uveuuid.Ug Bta.es
raiuuier vuugress uia j nave uSoeuioieu, Wu ,
jpuu lecvuswerauuu, aud seeing tue puoiUv.
A cxevi gra, auu toe peril ul tue C uiuu, way au
uil lx a 1 -pas us a sra , thUlUiiig D>uie. tart to
.u.diuauuu ul icSistauce tauexir.', uu iiatuui m
>o iu auuW Huie iur reacliuu, U uecd tai auu le
ie uuu anil void upon tue aduilsdriu ui ixaura
,y a .-jiCC-iied duj .u Uv, uu. IO take eiitCl,
upon It uUu. rej CJuU. lu* wuu.-
. u..Ut tue ra st puv. Yr- to l.u, UU -
u.vuuiUtug BUt-ue, to raVur ul tue
.-e BuOtaaud -u LuivU. A.-vuVu ail, it Wuue.
i them lui uui.seque.akS, ..u*.
«<it .e .- ran poaauvu ut urtv.gia *u to* usu
- mation of mankind. I conscientiously belicuv
1 this to be the best way to preserve tue Union.
, It uas a lover of the Union, that I recommend
■ it. Georgia has solemnly declared, that “the
> American Union is secondary iu mpurtanr e
■ only to the rights and principles, it was de-
■ signed to perpetuate ; ” and iu accordance with
- this, sho has solemnly awiuuncol, that she will
I "resist, {even as u last resort.) to a disruption
• of every tie that binds her to the Union," tlie
i acts of Congressional encroachment euumerafed
in the 4th Resolution of the Convention of
1850.
• These two announcements taken togetiier, if
they mean anything, express her determination
i to maintei* her rights in the Union, il she can.
• but out of the. Union, if she must. The people
of Georgia endorse the vow; let their Represen
tative* prove themselves equal to the emergen
■ cy.
This communication is necessarily suggestive
1 not argumentative; otherwise, ita ieugth, instead
of being tiresome, as it is, would lx- intolerable
I have barely glanced at the most inqxirtant sub
jects which claim your consideration—lt re
mains fur you, iu your wisdom, inspired by en
larged anil devotid patriotimi./odiiqwife of them
as may "appi-ar most conducive to the inline!
aud prosperity of the State.”
HERSCHEL V. JOHNSON.
[COMMUNICATBD.J
Letter from Maj. J. F. Cooper on the
Lime Kiln Tnrn-Outs.
MIU.KDOKVIIXK, Nov. 3,1855.
Messrs. Editors: Observing, iu Some of th.
opposition papers, a good deal of remark upoi
the action of our Road concerning the •'turn
out’’ at Mr. Howard’s Lime kiln,’ well cakuia
ted lo make a false impression on the pubiie
mind, I ask for a place in your columns lo ex
plain the subject.
Before I took charge of the Road, I had no
ticed the many serious accidents which had
happened to the trains at the two turn-outs
which had been put down at Howards' and
Rogers' kilns, in Cass county, and I cons'd
ered them nuisances which should tier.moved
and among my first official acts as Superintend
ent was an order to take out the “Frogs" ai
those pointe. Against thia order I soon re
ceived remonstrances from both Messrs. How
ard and Rogers, but I should neverthcleM buv.
adhered to my determination, had not Mr.
Rogers produced a contract agreed to by Mr
Mitchell, by which the Road was placed unde,
obligations to keep a turn-out at his kiiu, sc
long as he burned Lime, and the right of wa;.
through hi* land wa* the consideration paid in
the maintenance of the turn-out. 1 was com
pelled to recogni** thi* agreement and rescind
the order, as far as Mr. Hbgers’ kiln was con-
cerned. and as I could not close both, I did noi
then close either. I dotermin >however, nos
lo pass an opportunity to rid the road of thes'
annoyances. Some time in September last, ii
consequence of the Frogs breaking at both
kilns, the straight track of the Road was cine--:
at both, and we found ourselves, for the tiim
at least, clear of these interruptions.
Applications were soon received from both
pointe for the frogs to be* replaced, to which ii
was replied, that even if replaced, cars could
not be loft there iu consequence of the great
demand from regular Stations After writing
two or three complaining letters, Mr. Rogers
came in person to Atlanta, to represent Ins
case. I replied, as I had written, that I could
not seud him cars then, even if the frog was
put in, and I then proposed to purchase his
right to a turn-out, which had been guarantied
to him. After some little negotiation, we
agreed upon the price which he would take fur
the right of way aud bis turn-out privilege. Ji
was paid to him, and writings were exchanged
by which the Road secured the right of way
and was relieved from the annoyance of a frog
at Rogers’ kiln. Being thus cleared of one,
and not conscious of any obligation to continue
the other, I caused Mr. Howard to be informed
that the frog would not be replaced at his kiln,
i'his is the truthful history of the whole trans
action.
As to the injury to Mr. Howard, it is in a.
great measure imaginary. He is only : equired
to haul his lime to Kingston—a distance u.
less than two miles—and he will usually fine
ears there into which it can be loaded. Hi
will thus enjoy a regularity in his business which
will repay to him the cost of hauling—even i
lie should not put upon his customers that ui>
ditionai charge, and I uni very sure be will no.
deny, that during ti e month succeeding th
removal us liis frog, he has sent off more iini
tliau for two mouths anterior to this uct of IL
Read, which ha* been adjudged so outrugi'ou
and oppressive.
Tue atumpts to connect Gov. Johnson wit:
■ his trausactiuu, and lo make it ap|ieur us a
act of political vengeance, though quite ii i
keeping with the malevolence which Lasdun
acterised his opponents iu the lute euuva-e-., ■
entirely gratuitous. The frog was ivinuvi dv
fore the e/ectm»i, and tue measures adopted
do*e up these copious sources ol accident wen
•■niireiy my own, ami dictated by my cunvu
Hou of toeir propriety.
While ou the subject of Mr. Howards' grin
auccs, 1 'Will advert also to the puolicc- uq-iii u
inade by him ou the subject oi ins Freights.
Lime transported from bis kiin to Atriutu ■
charged exactly us 1 found it charged when ■
became Superintendent, but my predecesa
made a reduction ou lime destined lo Angus . ,
Columbia and oilier pointe. He made ridu.
i ions also ou corn, wheat, uud some other ar.
cies, destined for the seaboard. Conceiving
this policy to be in conflict with the buperm
teudeut’s oath to make uo discriminations i.
favor of Railroads connecting iu Georgia, uin
being confirmed iu this opinion by Judge King
and Mr. Cuyler, to whom I suggested tlie di.,
acuity, I directed that all down Freights (.-. »■<
should bear the same charges whctlw.
consigned to Atlanta or points below, aud in.
js our invariable rule. A bushel of wheat fr..r.
Chatanooga, a barrel of flour from Etowah, <•
a cask of lime from Kingston, pays the Rom
.he same, whether intended for consumption a'
Atlanta, or sent forward to the most dista' i
markets.
Very respectfully, your ob’ut serv’t,
JAS. F. COOPER.
Superintendent W. & A. R. R-
Cubio-s Statkof Affaibs.- We learn fro
he Lawrence Herald of Freedom, Ural < <
iraue, a member ol the last Cougre-ss, who i
ed ror the Nebraska Kansas bill, ami wnu “
f rmerly Lieutenant Governor ut Indiana, i n
. practising lawyer there tor twenty yeare, i.a
.ecu refused permission tu practice iu tUv tei<
.orial euurts ui Kansas ta-cuuse oe wuuul ir
ake an uuth lo sustain tue enactments of ii.>
Legislature, recently iu session. lie was ti
ouiiselut McCrea, who a indicted tormurdei
tun Uie same permission was reitural tv J. 1
Eiueiy, ot Lawrence, for the same reason. M'
i r-ra cau gel uo cuuusvi except taose in fa i
>1 uis conviction-
Makkiso Niswst'ari.HS. — ibe I’celuiu.-.
• UlrTili • il' kiC Uxl LuilL U lUUFn Ulu C
;t upp'/Mu: ari;c.u iu u v.
tic -JK.' Uhjcci Ui CUiHUg UiiUhtiUii CUV <«’
w«te MU* U*v lu MvltVl
. j LATEST NEWS.
'j Four Days Later front Europe.
e ARRIVAL OF THE STEAM ER
I ■ ' • "■ •
i ' Aliago.
; Nt.w Vor.K, Nov. 6.
The stc-amrliiji Arugo is in tic l, u ib< ilih w
with four days later iutellipi >;«• |,<m Em,
She sailed from Havre the 24t1, uh.
j [SECOND DLSPA'ICH.J
Livkri-i oi., Oct. 24.
Cotton is dull and unsettled. Priors have
declined l-Bd. Sale* for t' c three btuuntM
, days 12,000 baits.
i Wheat and flour tire steady and qniet.—
Ohio flour rules ut 50s. to 545; wlnit lls Cd
to 12s; white 12s Ud to 12* fid.
Corn is active and unchanged. Provisions
unchanged.
Ihe London Money Market is stringent.—
Consols are worth 78 l-2c.
FROM THE SEAT OF WAI!
The <upturn of Kinl-uin is ■i il in d A
•qtiiidi, ii of m un,, is liti pt Ir , q .
Dniep, r con iiun.diip t! e (I'.iiiiuk t<. N mi, ,11
ami ChiTaoli.
The ■ hoi, ra is raging t, rribiy hi Madrid. “
The Russians blew lip 11,c fortifications of
Oczukakcffun on the 18th.
The Allies landid 30,01:0 trrop* on lhe pen
insula of Leudia the morn i,g oi the raplnrc of
Kinbiini. Tbeir dt-slinafu-u vas uiikimun.
Sir Win. Molesworti timiu-msned Eng
lish StutC-lnan, died i Id.
Another bread del> -n wa- mad al
Hyde Park on Sumin :t„
There is nothing i> rem the Ctimea.
LOUISIAN I IONS.
’vss, Nov. 6.
The Know Note wild the city
by a huge majority in the State is
not uscci’taiuud. I’’ • • ‘■■n-’iw »,(. j u I'nvi r of
ihe Know Nothing in. D
Additiona.il per Baltic.
New 1 ohk, Nov. s.—Theßusiiiuisattacked
rears, but were repulsed, with a toss ol about
four thousand men.
The Czar hus issued a ukase for the enroll,
uient ol the militia at the rate of twcuty-eigbt
meu iu every thousand souls
lu Cicily, bunds ol armed men are collecting,
i'roups have been sent out against them.
It is reported that Egypt is aboal to pro
hibit the rxport of corn.
New Oki.eans, Nov. 5, P. M.—The steamer
Nautilus bus arrived, bringing later d.tes Irrun
Matamoras. From four lo tive thousand men
lia e been ordered by the M xicau government
to the froutier, to rejiel the Tevas Rangers
Vidauri has been appointed' Commandcr-iu
chief of the forces on'the Rio Grande.
V idauri bus ordered the commanding < fiber
at Matamoras todiscburiretl.eNatiouaiGuurds.
V idauri has addressed a note to Marcy, com
plaiuiug of the violation of the Mexican treaty,
aud charging the Commander at Fort Duueuu
with aiding the ffllibustent.
Tue election in this State is progressing Hith
er quietly. In Uie third district, one Ameri
can aud ouc Gerinun are reported lo have been
killed, ('apt. I’luce, of lhe Uhuliiictte Guards,
was wounded. The,result oi the election is nut
known.
Nkw Oin.RAN , Nov. 5, P. M.—Cotton—
lhe market is uiicluinged. Seven thousand
bales were sold to-day.
Nkw York, Nov. 3.— Citton— The market
is unsettled.
Flour has advanced twelve to twenty-live
cents.
Nkw York, Nov. 5, P. M.—The Cotton’
market is dull, Middling Orleans may l,e
quoted at 9 38e.; Upland 8 1 2e. 1- icur is
u trifle lower. State V'J.'.o.
Ch arlkstox, N ov. 5 Cotti u~-A lx,ut til'ti eu
Lu, dred baits were sc" , u-,iuy. Tin re Ins
ecu u devline "ol 1-2 t, ;| IV llC e,pi
ui'the Bailie's news. '
Isruisvtiii.K, Nov* . extensive bag
g ng uud rope l ictory < Duutep ut this
piace, wa* tot lly di lire Ibis morn
ng, together with i uuiing u ling-;
quantity of hemp. iggiug. I l,e
uss is estiuialed ut wlin i, Unrv
-■ uu iiisuriuice to ti l(;,i,i u
BT Lovis. N V. .ii; ~ Itn.'li :
■ .< n:u cars, wl, cil 1. ',. .icil.n loi.ie-
■ >rate the o ening ul u,v i n ,ii Itui r ,(l t .
leli 'i'H' i, .-oy. in, i with a tcrrilm luuiu.n.—
Whilst eieH'iu: ti.e Gsscnud' Kvii.id, ui
one iiUUUi'ed IliUes I,'Oiu Ifils piuce. l,a hnilg.
.'.iV- wuy. piccip luting ten cars a distance oi
uarlv ,inr y leer.i,io ii,c riv. r. Ti.. i vv.te
pwaiilsoi seven iuiialied lersons on I ~ 'iu.
uctudmg uuu y <>| uur i ">.l , ,lizi ls. Atx ui
ineuiy uru report, d Li.:' il'.niiw.el; ~
illy badly wounded. • &. O.Bud,van,
lie chiel engineer C fe mn ,ug i; e
.idled. There were my strung,'
ai the iraiii.
[seco.’
St. Lovis, Nov. zing uro the
uKiSI proiwueut pure* kili.d: Rev.
Dr. Builurd, B. B. ' U. B.acKiuui,
ileury C. Heuteau ' ■ 'tuner, Adolph
Aucls, Captain U. lltac.. '.', ,’d, Yost, George
-toeili, Capt. O. Flaherty, Thus. U Sullivan
•uiu t hos. Gray.
The following are among tue badly wounded:
J. N. Budd, Hutisou E Bridge, John C.
lie hiirdson, Cupt. Cousins and Mr. Hu ,ter.
Slightly injured, D. 11. Aimdi'.-ug and L.
‘•I. Kenucth.
Passmore Williaiuson.
The Washington Evening iSt«r,o| Ist iiist.,
ays:
Thi* eccentric individnii! is fast earning.rven
it. tue North, the reputation oi uc:ug much
■acre ol a fool than a luarlyr. Theiencver was
i man luon limit on ix'iug uiJscrnble—on r Itis
t gto Im comforted and relieved. Judg. Kane
■ d'cul d thut be med n t remain m prison u
>oei ii. ait r hew jluiiswcr the questions pul lo
■tn Oy the < ourt, iKces-ury t,, purgv bin ol
■ 0n,,-nipt, ’ iur which he's in cum*<l.. —
•it us Mr. W illiuui.-ous dignity, or l.tr < nidiv
uscieiice, urhis vioicni liiupi r, oi s in i, ing
Urat sort, in tel vqiies to pu vent hmm, in mu
ng answer to lhe q cut ous ;o wuicl. », ice i.
' mnrt leniulii in priHUi nolil n.s e n.itnui
> use gets tlie belter us Ins suUui.iK . I uu.- lu
tee biumis jus l now.
XlflJ*'Unclr.hasold M" Jones join-,I the
2<rakvn.'” “1 loulkr-’ 'cd •by
you ask the q i.'.ili'ii ; 1
•e'Hg plain iau.iiiage.
I u tel a i -rar 'Hi' • •
tfXw 11 Mad " •' '■ ' ' «’