Annual message of Governor James M. Smith to the General Assembly of Georgia, January 10, 1877

ANNUAL MESSAG-E
OF
GOVERNOR JANlES NL SMITH, 1 I I TO THE GENERAL ASSEMBLY OF GEORGIA, JANUARY 10, 1877.
H. G. WRIGHT, PUBLIC PRINTER. 1877.

ANNUATj MESSAGE
GOVERNOR JA~IES )1. SiVIITH,_
TO THE
GENERAL ASSEMBLY OF GEORGIA,
JANUARY 10, 1877.
H. G. WRIGHT, Punuc PRI:\'TER.
1877.

MESSAGE.
EXECUTIVE DEPARTMENT, ATLANTA, GA., January IO, 1877.
To t!te General Assembly:
I have the honor to communicate to the General Assembly such information as is deemed proper, in reference to the condition of the Commonwealth, and to suggest, for their consideration, the measures thought necessary and expedient.
The cash balance in the treasury, January I, 1876, as shown by the Treasurer's report of that date, was $5 I 1,785.21. The amount received into the treasury during the last fiscal year, as will appear by reference to the reports of the Comptroller General and of the Treasurer, herewith submitted, was $2,332,933.38.
The disbursements during the last fiscal year amounted to $2,280,435.26. The objects for which these disbursements were made are particularly stated in the accompanying reports. The balance remaining in the treasury, January I, 1877, was $564,283.33.
The public debt, as shown by said reports, including the bonds maturing the present year, amounts to $8,447,500. This statement does not include the bonds of the Macon and Brun:mick Railroad Company, and of the North and South Rc2ilroad Company, indorsed by the State, and for the payment of which the liability of the State is recognized. The sums necessary to meet the annual interest upon these bonds, should be included in the appropriation made for the payment of the accruing interest on the public debt.
In accordance with the provisions of the Act approved February 24, I 876, five hundred and forty-two 7 per cent. bonds of the State, of $I, oo::> each, were executed, for the purpose of funding the accrued interest upon bonds of the Macon and Brunswick Railroad Company, and of the North and South Railroad Company, for which the State was liable.

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Governor's lYiessage.

The disposition made of these bonds, and of the proceeds arising from the sale thereof, is fully shown in the accompanying annual and special reports of the Treasurer.
The attention of the Gen.era! Assembly is respectfully called to the estimates of the probable receipts and disbursements at the treasury during the present fiscal year. I also commend to your consideration, the several amendments of the law suggested by the Comptroller General.

STAT1, UNIVERSITY.
For particular information in regard to the condition of the State University, of the College of Agriculture and the Mechanic Arts, and of the branch of the latter established at Dahlonega, the General Assembly is respectfully referred to the accompanying reports.
The receipts for the last collegiate year, from ;dl sources, including $5,000 of the special appropriation by the Legislature for the purchase of apparatus, amounted to $41,820.99, and the expenditures for the same period were $39,449.63. I would invite special attention to the report of the Board of Trustees of the North Georgia Agricultural College, located at Dahlonega. This institution was attended by over three hundred students during the past year. Fifty of these, in the latter part of the year became teachers and instructors of over four thousand children in the common schools of the State. From all the information I have received, this college is performing its whole duty to the public, as an institution of learning, and I respectfully recommend that the sums asked for its benefit by the Board of Trustees, be appropriated.

CC)DWN t-JCHOOLS.
The attention of the General Assembly is specially invited to the accompanying report of the State School Commissioner, and to the suggestions and recommendations therein set forth. The report presents a most gratifying exhibit of the operations of the Department of Education during the past year, and shows that, from small beginnings, our system of popular instruction, notwithstanding all obstacles, has already attained

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.a degree of usefulness most creditable to the State. Financial embarrassments arising from a misappropriation of its lawful resources, the impoverished condition of our people, and, I regret to add, some difference of opinion as to the wisdom of any system of education at the public expense, have been the chief difficulties with which we have had to contend. I am pleased to be able to state, however, that these obstacles are fast disappearing, and that our school system bids fair to be planted, at an early day, on a foundation so firm and enduring that no form of opposition can disturb it.
A brief resume of the history of popular education since my entry on the duties of the Executive office, may not be out of place in this, my last annual communication to the General Assembly. Our system of Common Schools, although organized at an earlier day, did not really go into effect until the year 1873. \Ve had a Common School Commissioner, and a tax for the support of schools had been levied and collected. Schools had been put into operation in some of the counties and teachers employc<l; but at the close of the year I 871, there cxiste<l a school debt in various counties of the State amounting to more than $300,000. This debt was due to school officers and teachers, for services rendered by them to that date. The school fund, which amounted October r, 1871, to ;,327,083.09, had been, in violation of the Constitution of the State, diverted from its lawful object, and appropriated to the payment of legislative and other expenses of the government. \Vhile teachers and school officers clamored for their pay, there was nothing to the credit of the school fund in the treasury. Almost universal distrust of the system itself prevailed, and it \Yas feared that it had received a fatal blow in the very first years of its existence.
From the lack of means to pay the teachers, no schools were taught in the year I 872, and the Commissioner devoted his attention to systematizing the work under the law passed in August of that year. Not only the accumulated debts had to be paid, but it was also necessary to raise funds to revive ..and re-establish schools. The Legislature of I 872 provided

Governor's JJiessa,r;e.

that a tax should be levied to raise money to pay the claims of teachers and school officials. Under the operation of this law, $174,000 was raised and paid to claimants, and by other legislation, since adopted, these local debts have been almost entirely extinguished. In the year 1873, schools were again put in operation, and have increased in number until every
county of the State has )ts school organization. Means for the support of schools arc regularly and punctually supplied, and no well founded claim upon the school fund, in any county in the State, remains unsatisfied.
vVhile these facts arc most gratifying, the increased interest and confidence in the system arc forcibly exhibited by the following figures, taken from the Commissioner's Report:

School attendance in 1871 was, whites colored

42 ,9 14 6,664

Total.
The attendance in 1873 was, ,Yhites . colored ..

49,578
63.922 19,755

Total.
Attendance in 187,} was. whites . colored

83,677
93,167 42,374

......
Attcn,hnce in 18; 5 1-r:.1.s, ,vhi tc:-; " colored.

145,541
105,99 5,359

Attentl:.1nce in 1876 1\as, ,,-;1itcs ................................. 121,41S

" colored .

57,987

Total.
Increase of attendance oycr that of 1875.

~3,011

The amount of money raised for the support of the School system, since my induction to office, is as follows :

Am't re1ised under Act of 1872, for p:1ym't of School debts of 1871 . $

Amount apportioned for support of Schools in 1873 .

" 1874.

Am't e1pport'n'd ancl p'cl for " ,, " ,, "

" 1875 . ,, 1876 .

174,000 250,000 265,00::i
291,319 291,319

Total.

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It is but due to certain communities in this State to add, that with a public spirit most praiseworthy, the above sum has been supplemented by annual local city ax! county appropriations, to the amount of between $140, coo and Sr 50, ooo.
In this connection, I take plc:isme in bearin6 testimony to the ability and fidelity with which the present Commissioner has discharged the varioc1s and difficult duties of his office. To him, in a great measure, belonG:c; the credit of having achieved success for the system in the face of grave obstacles. By public discussions, both oral and written, and by faithfulness and untiring energy in the discharge of his official duties, he has done much towards removing popular prejudice against the system, and to place its merits in a light to be readily comprehended by the public mind.
We have only to go forward as we have commenced, in order to perfect our system of education, and to place Georgia in a position of proud pre-eminence among her sister States. Defects existing in the system should be carefully remedied by legislation, and by a judicious administration of details.
I respectfully commend to the favorable consideration of the General Assembly, the suggestion-more than once urged by the State School Commissioner-that the donation annually made to the Atlanta University be withdrav:n from that object, and be devoted to the establishment of Normal Schools for the education of colored teachers. Argument is not needed to demonstrate that, by this change, useful learning would be more widely diffused among the colored people, and, consequently, ;i greater amount of goo::l accomplished.
There are other valuable and timely recommendations in the report, that should claim your attention. I earnestly commend our school system, as a whole, to the fostering care of the representatives of the people.

COMJ\IISSIO.:--E,~ OF A(;RICCLTT:RE ,\:iD STATE GEOLOGIST.
I invite the careful attention of the General Assembly to the reports of the Commissioner of Agriculture, and of the State Geologist, herewith transmitted.
In 1874, I had the honor of recommending to the Legisla-

:s
ture the .establishment of a Department of Agriculture. In February of that year, an Act was passed in accordance with said recommendation, and the department was organized and put into practical operation. The experience of only two years has demonstrated that it is one of the most valuable adjuncts of the State government. The detection and prevention of fraud in the manufacture of fertilizers, has already saved to the people of the State many times the entire expense of the department; while the discovery, through its agency, of cheaper manurial agents, has greatly reduced the cost of production. The collection and dissemination of information respecting the various questions of farm economy, have excited an active interest and a spirit of inquiry and experiment among practical agriculturists throughout the State, and have resulted in the adoption of improved methods of husbandry, and in the multiplication of our industrial resources.
The Legislature of 1874, which organized the Department of Agriculture, also had the honor of providing for the appointment of a State Geologist, and for a geological survey of the State. The \rnrk has been prosecuted vigorously and intelligently. There have been already collected at the capitol more than ten thousand specimens of mineral rocks, fossils, plants and woods, appropriately arranged and labeled according to counties. A general geological map of the State has been prepared, showing the formations which contain the various minerals useful in the arts and valuable for commerce. The characteristic soils have been collected from all the counties visited and the vegetation peculiar to each noted.
One effect of the survey already observed, is the attraction of foreign capital to the State, and its employment in remunerative work in the long abandoned mines of the gold region. The discovery of immense beds of marl in the southern and western portions of the State, is another interesting and highly important result of the survey. The value of the information already obtained, and yet to be acquired, from the labors in this department, can hardly be over-estimated. \Ve have never fully appreciated, because we have not understood, the great value of our inheritance. The comparative analyses

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.of the virgin soils of the State, show a variety and fertility unsurpassed by any region of the earth. Georgia has water power sufficient to drive the looms and spindles of the world, and a mineral wealth whose extent is almost beyond computation.
But these, as well as other inviting fields of enterprise, will probably remain neglected, if not upturned by scientific investigation. vVhen the ''Mineralogical, Geological and Physical survey" of the State shall have been completed, and the grand results officially promulgated, a powerful impetus will be given to the development of our material resources, and a new era of prosperity and progress will dawn upon Georgia.

ATTORXEY GE~ElL\L't, ltEPO!tT.
The accompanying report of the Attorney General shows the condition of the official business in his charge, and the disposition nnde of the public money colkcted by him during the past year. This report-containing as it doe_s a particular statement of the action taken in all the cases in the hands of the Attorney General, during the period mentioned-is an .exceedingly important one, and I specially invite the attention of the General Assembly to its contents. Some of the cases determined during the year were of great interest, both on account of the questions decided and the amounts of money involved. By the decision of the Supreme Court of the United States in the Railroad Tax cases, the power: of the Legislature to impose an ad 'ua!orcm tax upon the property of certain railroad companies, has been settled adversely to the State.
During the year certain criminal prosecutions, commenced in the State Courts against Federal soldiers for alleged violations of law, were, by virtue of a statute of the United States, transferred to the Federal Circuit Court for trial. There is no provision of law for the prosecution of such cases in that ,court, and the Attorney General calls attention to the prqpriety of remedying the defect by legislation. He also su 6gests that the bw be amended so as to enable the Comptroller General to traverse the correctness of tax returns made by railroad companies.

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Governor's Jlcssaqe.

During last ye:1r suits were brought i11 the courts Tennessee against the Western and Atlantic Railroad, for the recovery of
certain claims grO\dng out of what is usually known as the "Tennessee Car Company contract." The aggregate amount of these claims is large, and the Attorney General, under instructions, retained Messrs. Cook, Van Dyke & Cook, to represent the State in the causes. These attorneys have entered the proper defense, and as far as possible have taken steps to protect the treasury against these fraudulent claims.
Before passing from the report of the Attorney General, it is not out of place to certify to the faithfulness and efficiency with which he has performed his public duties.

l'E:NITEXTL\RY.
I herewith transmit the report of the Principal Keeper of the Penitentiiary for the year just closed. It contains a full and satisfactory account of the operations of that institution during the period indicated. The number of convicts at the close of the year l 87 5 was 926, of whom 91 were white, and 835 were colored. In these figures arc included l white :J.nd 30 colored female convicts.
The aggregate number of convicts at the close of last year was l, IOS, of whom l 14 were white and 994 were colored. The number of convicts rec,~ivcd during the year was 404;
the number of discharges 77; the number pardoned rS;
the number of escapes 44; and the number of deaths 58. The convicts were distributed among seven lessees, and
were employed during the year in mining, agriculture and on public works. The number of escapes and of deaths is worthy of attention. It is believed that the sanitary measures and the general care of the lessees were equal to tbose of former years, when the mortality was much less, and that the unusual number of deaths is to be a:;cribcd to the exceptional heat of the summer months (quite a number having died of sun;stroke) and to the diseased condition of many of the convicts ,vhcn recein::cl into the Penitentiary. It is hoped that the changes soon to be inat,Q;uratccl under the act passed at the last session, "ill produce a practic;il and permanent reform of all the evils existing in the present system.

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In April last I published an advertisement inviting bid,:; for the Penitentiary convicts under the provisions of the Act approved F cbruary 2 5, I 876. In response to the advertisement, bids were received and considered, and the convicts were let, under the provisions of the Act, to three companies, designated as Penitentiary Companies No. I, No. 2 and No. 3. By the terms of their several contracts, these companies agreed to take the whole of the convicts for a period of twenty years, to commence after the expiration of the then existing leases, for the sum of $500, ooo, to be paid in t\\enty equal annual installments of $25,000. The company designated as Penitentiary Company No. I contracts to take three hundred ablebodied long term men, to be kept up to that number so long as there shall be so many in the Penitentiary. These convicts are to be employed in mining, as is provided by the statute referred to. The Companies Nos. 2 and 3 severally contract to take, each, one-half of the number of convicts remaining, and to keep and employ them as the law authorizing the lease requires.
Each company has given bond and security for the faithful performance of its contract, and for the management, control and safe-keeping of the convicts committed to its care. It is further stipulated in the contract, that in all cases ,vhcrc convicts under existing leases shall be thro,vn upon the hands of the State, the lessees under the new contracts shall take possession of the same, and shall hold, manage and control them according to the provisions of their several contracts and bonds until the first day of April, 1879, when the term of the twenty-year leases will commence to run.
These companies arc composed of citizens of Georgia of high character, and in the contracts entered into ,Yith them the State possesses a guarantee that her criminals, while receiving humane treatment, will also cease, in a great degree, to be a burden to her honest and law-abiding people.
Since these several contracts were made, it has been found necessary to establish a permanent State Prison for each of the companies. That of Penitentiary Company No. I has been located at the mines of the Dade Coal Company, in the

12

Governor's Jfessa,(Je.

county of Dade; that of No. 2 at a point five miles west of the city of Albany, in the county of Dougherty; and that of No. 3 near Skull Shoals, in the county of Greene.
The Penitentiary question has thus been disposed of for a period of twenty years from and after the first day of April, 1879; and while the solution reached has not in all respects been entirely satisfactory, it is, nevertheless, in my judgment, the very best one which, under the circumstances, could have been made.
LU;'iATI(] ASYLUM.
The report of the Trustees of the Lunatic Asylum shows the operations of that institution during the past year. The number of patients at the date of the report was six hundred and five, and the cost of their maintenance, including salaries of officers, for the year, was $88,816.65. The cost
r-/ of maintaining each patient was 40 cents per diem, or
$146. 30 per annum. The cost in I 87 I was 70 cents per diem,
or $255.86 per annum for c:,ch patient, showing a reduction of nearly fifty per cent in the cost of maintenance. It is believed that there is but little room for improvement in the administrati_on of the affairs of the Asylum. The expenses have been reduced to the lowest point consi,~tent with efficient management, and with the benevolent aims of the institution.
The Trustees suggest t!1at, by changes of the interior construction of the buildin;;:;, an addition of seventy-eight rooms, affording accommodation to nearly or quite one hundred pa-
tients, can be secured at a cost not exceeding $12,500. The Trustees also suggest that two additional brick buildings on the premises could be erected for llie accommodation of one hundred and twenty-five patie1,~s, at a cost of less than $30,000. They also express the opinion that it will not be necessary for some years to come to make provision for more than one hundred additional patients. In this opinion I fully concur.
The General Assembly,at the last session, appropriated $20,000 for the purpose of constructing water works at the Asylum. I am gratified to be able to state that these works

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have been completed, and that an abundant supply of pure spring water is now furnished to the buildings.
On the night of the I 5th December, I 876, a fire occurred at the Asylum, which destroyed the workshop and contents and the laundry house, with its valuable machinery and much clothing. The loss is a serious one to the institution, and regard to economy and convenience requires that it should be repaired with the least possible delay. More than $10,000 of the appropriation for the Asylum authorized last year has not been drawn, the saving of which is due to careful economy in the internal management of the institution.
I recommend that the appropriation asked for by the Trustees ($9, ooo) be made for the purpose of replacing the buildings destroyed, and refitting them with the requisite machines.
The Trustees submit estimates for the maintenance of the Asylum for the present year, to which I respectfully invite your attention. I also recommend that an investigation of the claim of Messrs. Eakes & McKelfresh against the Asylum, referred to in the report, be made, and that a sum sufficient to pay the amount found clue them be appropriated.

Accompanying this communication will be found the annual report of the Trustees and Of-ficers of the Institution for the Education of the Deaf and Dumb. According to the report, the affairs of the institution are in a satisfactory condition, and there is no immediate necessity for further legislation on its behalf.
U ncler a joint resolution of the General Assembly, approved February 25, 1876, a Board of Visitors, consisting of three citizens of the State, was appointed to visit this institution, and investigate any irregularities or deficiencies existing in its government. This Board was further required to report to the Governor and the General Assembly, at its next session, ''what reforms and recommendations are necessary and proper for the better management and successful operation of the institution." A majority and a minority report have been
submitted by the Board, which are herewith transmitted for

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Governor's Jfessage.

the information of the General Assembly. These reports differ in relation to the best system of government for the institution, but not in reference to the management of its affairs under the existing system. The high character and intelligence of the members of the Board entitle their opinions to the careful consideration of the General Assembly.

GEORGIA ACADEllIY FOR THE BLIND.

The condition of the Georgia Academy for the Blind is satisfactory, as appears from the report of the Board of Trustees. The Academy contains fifty-seven pupils, and their progress during the past year was highly encouraging. The sum of $4,654.38 was expended during the year in repairing and re-furnishing the main building, and in erecting and fitting up a substantial and commodtous workshop on the grounds of the Academy. Provision has been made for a considerable addition to the number of pupils, and, als:J, for their better instruction in the useful arts.

PUBLIC PRINTER.

On the 6th of March last, the resignation of R. A. Alston, .as Public State Printer, was accepted. On the 8th day of the same month, Henry G. Wright, of the county of Richmond, was appointed to fill the vacancy thus created, until the next meeting of the General Assembly. Proper bond and security were given, and Mr. Wright entered upon the discharge of his official duties. These have been creditably performed, but, by reason of the facts referred to, the execution of the public printing has been somewhat delayed. Among the subjects which will require the attention of the General Assembly, at the present session, is the election of State Printer, to fill the unexpired term of said office.

l\IACON AND BRUNSWICK RAILROAD.
A very full report by the State's Board of Directors, is transmitted herewith. The operations of the road for the

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:past year, as therein set forth, may be briefly stated as follows:

Earnings for year ending November 30, 1876,

$317,829 18

Expense account to same date, . . . . . . . . . . . . . . 307,054 78

Net earnings, . . . . . .............................. . 'To the item of earnings it is legitimate to add a balanee due
from other roads, as per agreement for division of business and revenues, amounting to . . . . . . . . . . . . . . . . ....

$10,744 40 $47,701 32

.Making total net earnings, ..........................

58,445 72

Of the $47,701.32 due from other roads, as above, there has been paid, as per supplemental report, the sum of $18,097.62, leaving still a balance against them of $29, 703. 70, which -every effort is being made to collect.
The policy of the State being to dispose of the road at the earliest day practicable, the efforts of the Directors have been rather to the improvement of its condition than the production of revenue. Much has been accomplished in this way, and the Board have advertised for sealed proposals of purChase or lease to be received up to the 23d day of January, instant. Should an acceptable bid be made, the road will be sold or leased ; if not, there will be ample time for the General Assembly to take such action with regard to it as in its wisdom may seem most expedient. The various recommendations of the Directors are submitted for a like con!-ideration.

N'ORTII AN'D SOUTH RAILROAD.

The report of the Receiver of this work shows that it is being operated at an expense to the State, its receipts being less than its expenditures, and with little prospect of improvement in this regard. The yearly account :s thus stated:

Expense account, .. .. . .. . .. .. .. .. . . .. .. . .. . . . .. . .. .. .. . .. $9,013 95
Earnings, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.681 63

Excess of expense over earnings, . . . . . . . . . . . . . . . . . . . . . . . . . .

332 32

The shortness of the road, and the unfavorable character of the country which it traverses, 1:reclude all idea of conducting it with profit to th:; ~tate. The Receiver presents an .alternative-either to extend the road at the State's expense

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Governor's 1Yiessage.

to a point beyond the mountains, twelve miles distant from the present terminus, (much of the grading being already done), or else to sell the property for what it will bring. The whole matter is submitted for your decision without recommendation. I may remark, however, that I have seen no reason to change my opinion that the State will consult its best interest by ridding itself of all ownership in, and responsibility for, such property, even at a tolerable loss.
l\rE)fPIIIS BltANCII 1LUL1WAD.
As stated in my message of January, 1875, the Memphis Branch Railroad, having complied with all the conditions of an Act entitled "An Act to extend the aid and loan the credit of the State of Georgia to the l\kmphis Branch Railroad Company," &c., apprnved October 22, l 870, and having made formal application for such aid, an Executive order was i:,sued May 12, 1874, providing for the State's indorsement of the bonds of said company to the amount of thirty-four thousand dollars ($34,000), the same being one-half the estimated value of a section of said road then completed and equipped.
In the month of May, 1876, being first satisfied by competent testimony that the interest which accrued and became clue on the bonds of the company thus inclorsed by the State, on the first clays of January and July of the year 1875, was not paid by the company when the same matured and became payable, by virtue of authority conferred by said Act of October 22, 1874, I seized and took possession of said road, with all its property, and placed the same in the hands of Robert T. Fouche, as agent, to hold and manage it for the benefit of the State. A copy of this order will be found among the accompanying- documents, and this action is reported in order that the Legislature may take such further steps for the protection of the interest of the State, as affected by said indorsement, as to it may seem best.
DIRECT TRADE AND l:vIMlGRATIOX.
From the foundation of the government do\\n to a very recent period, the tide of emigration from the Old \Vorlcl, upon reaching our shores, was, by skillful management, di-

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rected almost exclusively to the Northern and North-Western States of the Union. Xot one in the hundred of the millions who have sought homes on the great North American continent, has found his way to the State of Georgia. I am glad to say that we now have it in our power to bring about a change in this respect, and to divert to our ports at least a portion of the large numbers of immigrants who still continue to seek work and homes in the New \Vorld. As the great advantages which we possess become known abroad, much interest is created among immigrants, and their agents and shippers; and, as a consequence, frequent applications have been addressed to the Governor, and other State officials, for information as to our climate, soil, and other cognate subjects. For this gratifying change, and the prospects which it holds out, we are indebted, primarily, to the salubrity of our unrivalled climate, and, secondarily, to the admirablevvork of our Geologi cal and Agricultural Departments. These departments were organized in 1874, and yet their labors are already attracting increasing attention to the mineral and agricultural wealth of the State, both in this country and in Europe, and especially among immigrants.
In this connection, I beg leave to respectfully invite the attention of the General Assembly to the accompanying letter
of Mr. J. S. Gartner, of New York City. It will be seen
that he proposes to establish a line of ocean steamers between Savannah, in this State, and Liverpool, England, in the interest
of Immigration and Direct Trade. His proposition, briefly stated, is as follows: That the Legislature shall secure to him,
by an Act, the sum of $60,000, gold, per annum, for three years, in semi-annual payments: That, in consideration of this subsidy, he will contract to run between Savannah and Liverpool, stopping at Queenstown as occasion may require, a first-class ste:.1mcr each month,-or oftener if the1 trade should warrant-adapted to the service and fitted for firstclass, as well as for stecra;:;c passengers: That he will carry stceragc passengers, or irnmigr:rnts, for three pounds and ten shillings each, which is about one-half the usual fare between European ports ancl "'.\'e,'-. York ; ancl that he will commence

18

Governor's Message.

the service as soon as the subsidy is secured, and the details for running the line are completed.
Under our present Federal revenue laws, foreign goods can be imported '' in bond" to interior Southern and Western cities, and the establishment of a direct line of ocean steamers from Europe would thus enable the railroads of Georgia to compete with the trunk lines of the more northern States. In addition to this advantage, would be the benefit conferred on one of our own sea-ports, in the increased business brought to it, and the securing of a direct export by steamship, instead of by the circuitous and more expensive route through northern ports. Such a line would also give a great impetus to immigration, and to the sale and settlement of the large tracts of uncultivated land in the State. This, of itself, would secure to our people the speedy return of the cost of establishing direct steam communication with the Old 'vVorld.
Such an enterprise would probably be attended with loss to the owners of the line in the beginning, and hence a subsidy is required until the undertaking can be started and placed beyond contingency. Similar grants of money, I believe, are usual in other States where it has been found desirable to encourage immigration.
The benefits to accrue to the State from the regular and systematic introduction of trained laborers, are too manifest
to require argument. If we estimate the value to the State of each able-bodied man brought into it at $r,ooo, and allow that each immigrant brings with him$ roo in cash, it will be seen that the annual arrival of one thousand immigrants would add to our working and actual capital $r, roo,ooo per annum. In ten years the addition to our wealth, upon a reasonable esti-
mate, would be from $10,000,000 to Sr 5,000,000, supposing
there was no increase of the number of annual arrivals. These immigrants would require homes and work for themselves and families, and these we can supply upon reasonable terms. The territory of the State embraces about 58,000 square miles, or 37, I 20,000 acres of land, of which it is estimated 'that about #7,000,000 of acres only are in cultivation, leaving, say, 30,000,000 acres idle and unproductive. It is to the in-

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terest of every citizen of the State, proprietors and others, that these vast tracts of land should be brought into cultivation, and the sooner this is done the better for all.
If to the above estimated value to the State of every immigrant who arrives upon our shores we add the increased value of our lands and other property resulting from his settlement in our borders, some idea may be formed of the vast importance which attaches to the subject. The estimated value of the farms in Georgia in 1870, as shown by the last census, was, in round numbers, $94,000,000. The estimated value of the farms at the same time 111 Illinois, a comparatively new State, was $920,000,000, or ten times as much as the value of those in this State. This great disparity does not arise from the fact that the products of the lands in Illinois are ten times as valuable as are those of the lands in Georgia, but principally from the large immigration and settlement of skilled laborers, and the consequent larger area in cultivation in the former State. It is not assuming anything to say that what immigration has done for Illinois and other States, it will do for Georgia also, if we will but adopt the necessary measures to avail ourselves of its benefits.
Our colored laborers are annually removing, in considerable numbers, beyond the Mississippi, and those who remain behind will probably, not one in a hundred, ever become land owners; while of the hardy, industrious white immigrants who seek work among us, nearly all would invest their first earnings in the purchase of homes for themselves and families.
I therefore earnestly commend the subject to the favorable consideration of the General Assembly, and suggest that the offer submitted by Mr. Gartner be accepted, the necessary appropriation made, and the Governor authorized to close the contract at the earliest day practicable.

TIEPOHT OF SECRETAHY OF STATE.
The attention of the General Assembly is respectfully invited to the accompanying report of the Secretary of State, and to the several suggestions therein made.

20
i\IISCELLANE0uS.
Upon the petition of the Municipal Authorities and of the Relief Association of the city of Brunswick, '.ln Executive order was issued November 6, 1g76, suspending the collection of the State tax in the county of Glynn, until the next meeting of the General Assembly. The petition represented that, by reason of the terrible epidemic through which the city of Brunswick ,vas then passing, and the embarrassed condition of the tax-payers caused thereby, the enforced collection of the State tax at that time would ,vork great hardship to the people of the county. Under the circumstances, I thought the request a proper one, and the petition ,vas accordingly granted.
Paragraph 16, section 2, of the Act to levy a tax for the s\ipport of the government for the year I 876, is in the following words:
"Upon all dealers in patent or intoxicating bitters, brandy, fruit, or other articles of like character, the sum of twentyfive dollars for each place of business where such articles arc sold."
In the early partof last year, petition,; were received from the druggist of Atlanta, Macon, Savannah and Columbus, asking a suspension of the collection of said tax until the next meeting of the General Assembly. The petitioners represented that they were already taxed as druggist by the Federal Government in the sum of $2 5.00, and that besides a tax on sales, they paid to the State a specific tax of $25.00 for the privilege of vending drugs, medicines, &c. They contended that the paragraph referred to was admitted into the Tax Act of 1876 through inadvertence, or without due consideration, and asked that the opportunity for 1-c,ision might be givcn to the Legislature.
The petition was granted by an Exccuti\e or<ler issued June 8, 1876.
By a Joint Resolution of the General Assembly, approved February 25, 1876, the Governor w;is authorized to appoint a Board of Officers, nine in number, from the volunteer military organizations of the State, to revise that portion of the Code
which relates to "The Volunteers."

Go1Jernor' s Message.

2i

The members of said Board were appointed during the past summer, and, I presume, the result of their deliberations will be placed before the General Assembly, at the present session, as said Resolution requires.
At the last session of the General Assembly three several Acts proposing amendments of the Constitution of this State, were passed, and received Executive approval. In order that said amendments should take effect, it is necessary that the Acts proposing them should be passed by '' two successive Legislatures." If the present General Assembly should concur with its predecessor in regard to the merit of said amendments, it will therefore be necessary, that the action above indicated be taken at the present session.
By an Act of the last General Assembly, the Governor was directed to require from the Captain, or other officer, of such companies as were called out by reason of the insurrectionary movements in Washington and adjoining counties, a particular and sworn statement of the number of men and horses employed in such service, the time for which they were so employed, &c., and to report the same to the next General Assembly for their action. In obedience to the requirement of said Act, I transmit herewith such evidence of the service referred to, as has been received; and I earnestly recommend that the amount due therefor be ascertained, and that the sum adequate for the payment thereof be appropriated.

CONDITIOX OF THE STATE.

In surrendering the high trust confided to me by the people, I may be pardoned for referring in brief terms to some of the results which have been accomplished since my accession to office.
The public credit, as indicated by the daily quotations at the centres of trade and commerce, is equal to that of any State in the Union. Our public securities, rated at the time I entered the Executive office at thirty per cent. discount, are now above par. I found a recognized floating debt of more than one and a quarter million of dollars. The whole of this, amounting in exact figures to $I, 277,788.25, or to an average

22

Governor's llfessage.

sum of over ,$250,000 per annum, has been entirely paid. The State has been relieved of a fraudulently contracted debt of $6,500,000, while there has been no additon to the amount of the bonded debt of the State contracted on her own account. Any apparent increase of our public debt is the result of liabilities created by railroad charters granted under former administrations. These results have been accomplished without a material addition to the public burdens.
Throughout the State the stream of justice has moved with a smooth and steady flow. The law has been impartially administered, and not a breath of suspicion has soiled the ermine. Life, liberty and property have been faithfully guarded, and not a single human being, of any color or condition, can justly complain of oppression. The great and manifest improvement of our condition-social, educational and industrial-is due to the home-bred common sense, the desire for progress and love of justice, which characterize the people of Georgi;:i. I allude to it in no spirit of personal boasting, and claim no greater credit than should be :iccorded to the humblest citizen who discharges his duty in his appropriate vocation. I gratefully ackno,vledge that the rc:onns referred to in this communication, could not have bec:1 effected without the active support of patriotic citizens and ~'.1c cordial co-operation of the representatives of the people.

Before closing this, my last annual communication to the General Assembly, I cannot forbear a brief reference to the grave circumstances which now surround us, and seem to threaten the existence of the liberties of the people.
On a given day, over eight millions of freemen, representing nearly forty-five millions of people, came forth from their abiding places and quietly proceeded to the ballot box, for the purpose of choosing their rulers for the next four years. This grave proceeding was characterized by the utmost good order, notwithstanding the presence, in many places, of the military forces of the government, sent thither to overawe the weak and ignorant, and to secure the election of particular

Governor's Message.

23

candidates. The law pointed out the mode of selecting the President and Vice-President of the United States. The question as to who should fill these high offices, had been referred to the ballot box. The true result of that reference no candid mind can doubt. The election was held in pursuance of the la,vs of the United States, and of the several States. It was peaceable and orderly, and free from intimidation and violence. And yet, immediately after the election, we find a few adventurers, acting under the direction of ambitious leaders at the Federal capital, and backed by the military forces of the government, attempting, by fraud and chicane, to set aside the eminent statesmen chosen by the people, and to force into their places, persons ,,,horn the people, after a fair trial, had refused to elect.
The question arises here : Shall the candidates fairly and legally elected by the people be placed in office, or shall persons rejected at the ballot box be elevated to power? Shall b.w and order prevail, or shall fraud and violence have the mastery? Shall the people of the United States choose their own rulers, or shall political cheats and swindlers be permitted to perform that vital office for them? We have appealed to the ballot box: shall the result of this appeal stand, or shall it be set aside by force and fraud? If the latter, then our free institutions are already at an end, and constitutional liberty on the American continent has received its final blow.
The right of the people to choose their own rulers is the corner stone of a free Democratic republic; and when they voluntarily abdicate this invaluable privilege, or allow it to be wrenched from them, they have already obtained their own consent to become slaves. No more sacred cause can engage the patriotic efforts of a nation, than the firm maintenance of the fundamental right in all free governments to say who shall rule over it. This right, the people of Georgia, and, I trust, of every other State in our Federal Union, will never willingly abandon. No divis;on of the dirty spoils of office, no promise of personal advancement, no engagement to withhold the iron hand of power, can ever compensate the people for the surrender of a right at once so dear to themselves, and so vital to the very existence of constitutional liberty.

24

Governor's fllessage.

. The people of the lJnited States are thus brought face to face with a most mome:1tous responsibility. \Vhat shall be done? What shall we do? The motto of our noble State furnishes the safe guide for our own action in this solemn emergency: "Wisdom, Justice, Moderation." It is not for us to lead, or even to suggest, but to follow. It is the plain duty of Congress, by adhering to law and established precedent, to give effect to the clearly and legally expressed will of the people. But if Congress should, unhappily, fail to do this, then it is believed that the proper determination of the gr.we questions now confronti11g us can, in the last resort, be safely left to the sober judgment of the right-minded people in the Northern States. If it cannot, then we are powerless, and they, as well as ourselves, will have lost the inestimable right of freemen-the right of self-government. When they shall have decided what is proper to be done for the preservation of this right, it is assuming but little to say that the people of Georgia will be found ready to co-operate with them, and to do their whole duty, under any an<l all circumstances.

co;--;cu:sroN.

In conclusion, I beg to express my profound gratitude to

the people of Georgia for the honor they have conferred upon

me, and for the uniform support they have accorded my

efforts to serve tbem. Deeply interested in all that concerns

the welfare of my native State, it is to me a matter of sincere

gratulation that her Chief Executive authority is soon to ell~

volve upon the eminent citizen who has been called to suc-

ceed me by a popular majority unexampled in the annals of

the State.

JAMES M. SMITH.