The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-14

messaAe 70 the Legislature OF Georgia, on the 6tn
inst, and on the 10th transferred the reins Of 60
verpment to his newly elected democratic successor.
Hon. HersheI y. johnson, who was installed into
office with the usu.'l ceremonies The message Is an
able document and eat, principally upon the inter
nal affairs of the State, containing many judiciow
suggestions and recommend tions. In regard to the
financial condition of tie State, the Governor says
On the goth day of October. 1885, the public debt
amounted to 81 667 Az ~. By the act OF December
4tb, 1851 ratifyng the contract Of ny, predecessor
and the Chief Engineer OF the Western AMI Atlantic
Railroad for the purchase of iron for the State road
il was increased 5000 ,000 BY act OF January l2tA
1862, providing for the repairs and equipment OF said
road, it was still further increased the sam Of
1926, 900 and by the act authorizing subscr ption
to the Mledgeville and Gordon Railroad, there was
added the sum Of $40 600, making the total amount
of tie State debt 81, 432 ,472 %. To this amount
should be added the bonded debt OF the Central
Bark, which is now $369,50O, having been dimin-
ished by the payment Of $500 since the LIST OF No
vember 1851 The total liability of the State is thus
Quoted the sum Of $l66, 500, which has been paid
during the last two years under the provisions Of the
act OF February 18th, 1850 providing for an annual
sinking fund, for the payment Of the public debt.
~ present debt of the State therefore, is ssss6
The bonds authorized by the act Of 4th December,
isSi were made payable at the State Treasury and
State OF Georgia, In Savannah These bonds were
negotiated for premium averaging about two per
cent. Twas satisfied that our bonds should COM
mand higher premium, and finding, upon an inves-
tigation into the subject, that more advantageous
negotiation could be effected by making them paya-
BILE in New York, ! caused the bonds issued under
act Of January 10th, 1852, to be made PAYABLE at
the Bank Of the Republic in the city Of New York.
They we're negotiated at premium of per cent.
1t is the first Instance in which State securities
had been disposed of at any premium, and it should
be gratifying to our State pride to know that the
bonds Of our State now stand among the first Be-
curities of their class. The bonds Of no State in
the Union command more of the confidence of CAPT.
talists who seek safe investment OF their funds.
This confidence is not misplaced for no State in the
Union has more ample means to meet its liabilities.
and no people are more tenacious of the credit and
honor Of their State than our own.
As the interest of portion of our bonds has to be
paid in New York. it becomes necessary for the Trea
surer to keep on deposit there o sufficient sum Of
money to meet the interest as it falls due. This has
been done under my direction. If any doubts exist
would be advisable that all such doubts should be
Quoted by passing law authorizing such deposits to
be made. The necessity OF it is SO obvious that
deem it unnecessary to present any argument In cup
port Of the recommendation
In relation to the Liberation Of the slaves of Mr..
Lemons, in this city, the Governor speaks al fol-
lows
Since the last session Of the General Assembly, an
occurrence has transpired in which Georgia, though
not directly party, is, in my Judgment dec ply in
terrsted, and to which deem it my duty to call your
Texas with slaves, is, by force Of circumstances,
compelled to take temporary transit through the
city Of New York. Upon habeas corpus before
Judge Payne, of that State, the negroes were de-
clared Free and the citizen deprived OF his property
Though Unidentified fully, believe by voluntary
subscription, yet the principle involved in the de-
cison is Of vast importance and Of startling ten
dency, in which the interest of Mr.. Lemons be-
comes insignificant, and the interest Of every slave
holding State paramount and equal Virginia and
Texas have no deeper interest than Georgia and
Alabama It is understood that an appeal has
been taken from the decision, to the appellate
court of New York, and it is probable that the final
adju scaion of the question involved will be made by
the Supreme Court of the United States The delibe
rate determination of any question BY that tribunal
commands. and should receive, the respect Of the
country, and constitutes precedent controlling SUBJ
sequent cases. The principles involved in the de-
cision Of Judge Payne will be better considered in
court room than in document like the present It
is not my purpose therefore, to submit argument
the correctness of that decision If such is the
law, it is the first time that it has been solemny
within my knowledge If it be true that the citizens
OF the holding States who by force of circum-
starces or for convenience, seek passage through
the territory Of non-slaveh0ding State with their
slaves, are thereby deprived Of their property in
them and the slaves pso facto become enamel pated
it is time that know the law 1t is No court in
America has ever announced this to be law. 1t
wsnld be ex ,eedingly strange if it should be. BY
the comfy Of nations the personal status Of every
man is determined by the law Of his domicil and
whether he be bond or free, capable or incapable
there, he remains everywhere. until n domcil
is acquired This is but the courtesy OF nation TO ma
tion founded not upon the statute, but i absolutely
esary for the peace and harmony OF States and
for the enforcement of private justice. denial Of
this comfy is unheard of among civilized nations,
and if deliberately and wantonly persisted in, would
be a just cause of war; Can it be possible that the
courtesy yielded by Independent nations to each
other can be rghtfully denied by Of these States
10 thao fI, Tc bow of rpsa
reason for course of conduct SO unustable without
that bond? Did the trainers of the constitution,
wise and provident to all other possible causes Of
disturbance between the States permit SO pregnant
source OF discord to pass uDheeded and unpr0vided
for! In yielding our right to make treaties, and to
declare war. have we left ourselves remedyess in
cases Of paOabe violation of the law and comfy Of
nations? The adjudication of these questions by the
tribunal organized under the constitution, cannot
be viewed with indifference by us. Every slave
holding State should be heard before that tribunal
therefore recommend, that IN the event of the
Lemons case being carried before the Supreme
Court, the executive be authorized to employ abe
counsel in behalf of the State of Georgia, to te
heard before that court upon these questions
The Governor is opposed to biennial sessions #
the Legislature and cOunsels the General Assembly
to return to the former system Of meeting annually.
He says: -
The experiment Of biennial sessions Of the Gens-
al Assembly has been sufficiently tested by expert
ence, and believe that the pubic judgment Of the
State is prepared to pronounce against it. WIS
amopg The number OF its advocates and SO voted
when the question was submitted to the people br
their decision. am now satisfied that in common
with large majority Of my fellow citizens, vas
wrong, and am prepared 70 recommend q return to
annual sessions Even If the policy Of b ennial ses
sions was right at the time of its adoption, the in
creased interest and mporta ant public works Of the
State have wrought such change in our affairs that
different system Is now required for our progressed
and progressing condition. A single consideration
should satisfy every Of the propiety of annual
sessions At present all power placed in the hands Of
the Executive for two years and his term expires and
the people called upon to pass Judgment ON his
official career before his actiDgs and doings can be
submitted to the test Of legislative investigation He
cannot be called upon for exposition of his official
does not take place until his term Of office has ex-
PRED and he has either been elected defeated,
has vounta, lily withdrawn from the public service.
This Ia Surnnr in theory and mioht york much in