USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 32
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THE PENITENTIARY.
The Penitentiary of the State has been this year pass- ing through a trying ordeal. Subjected during the war to the torch of an invading army; at the commencement of the present political year it was in a state of great dilapidation-scarcely an available tenement on the premises, its workshops destroyed, the large cell-building roofless, and otherwise injured-everything wearing the aspect of ruin, with no funds, and few convicts to aid in the work of reconstruction. The appropriation made for repairs and for support of the institution was, in my estimation, very inadequate to its necessities. Yet, I think those who will charge themselves with personal inspection will find that, by economy, energy, and a wise use of limited means, very much has been accomplished in the way of renovation. The cell-building, essential to the safe-keeping of the inmates, has been put in excellent
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condition; some workshops have been constructed; the tannery and shoe manufactory have been put in good working order; a large eating-room, with kitchen and smoke-house appurtenant, has been built de novo; the barracks for the guard have been made not only habita- ble, but comfortable; the steam engine has been repaired and made subsidiary to many useful purposes, and the debris of the fire has disappeared. There remain ruins not removed, because susceptible, at moderate expense, of useful renovation. As a Georgian, I regret to add another evidence of its prosperity as an institution, viz. : The large increase in the number of its inmates. I willingly bear testimony. to the fidelity and ability with which the Principal Keeper and his assistants have dis- charged their duty. The report of the former will be before you. Your committees will scrutinize it, inspect the premises, and look into the general management of the institution. I deem it unnecessary to reiterate the views presented to you in my first message relative to its continuance as a State institution, and the extension to it of such fostering care as its necessities may require.
In conformity with a resolution of the General Assem- bly, Messrs. Howell Cobb, Mark A. Cooper, and John H. Fitten, were appointed commissioners "to examine and report upon the propriety of removing the present peni- tentiary and locating it elsewhere, or of establishing an additional one." Their report has not yet been received, but, I am informed, will be soon presented. When re- ceived, it will be transmitted; and until then I reserve any other views I may desire to present on this subject.
THE CHAIN-GANG.
By an act of the General Assembly, entitled "An Act
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GOVERNOR CHARLES J. JENKINS .
to alter and amend the Penal Code of Georgia," approved 20th March, 1866, a large number of offences, previously treated as felonies, were reduced below that grade, and were made punishable, in the discretion of the Judge, by sentence, "to work in a chain-gang." And by another act, entitled "An Act to regulate the manner of convicts laboring upon public works, and to define the powers and duties of the Inferior Court and Governor of the State, touching the same, and for other purposes therein men- tioned," (approved on the same day), it was left dis- cretionary with the Inferior Courts of the several counties to employ such convicts on the public works of the county, or to report them to the Governor, to be otherwise employed. When so reported, it was made the duty of the Governor to send a guard for them, and to employ them diligently on the Western and Atlantic Railroad, or upon such other public works or improve- ments as he might judge to the best interest of the State, and as shall best subserve the ends of justice. Sentences of this character have been very numerous, and in nearly all cases, the Inferior Courts, declining to employ them in the counties wherein they were convicted and sen- tenced, have reported them to the Executive.
The performance of this duty has been attended with great difficulty, embarrassment and expense. I made early examination into the practicability of employing these convicts safely and advantageously on the Western and Atlantic Railroad, and became thoroughly satisfied, that, although such labor might be very profitably used in constructing a railroad where there were excavations and embankments to be made, it was entirely unadapted to any work to be done on a railroad finished and in operation. In ordinary employment, as depot or train
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hands, or track-men, or in any other work of which they are capable, they require more freedom of action and more dispersion than would be compatible with secure confinement, without employing almost as many guards as laborers. That, therefore, was not available. There are no established public works, except within the walls of the penitentiary, where mechanical arts are chiefly prosecuted. For these, the term of punishment usually prescribed for chain-gang convicts is too short, and in them convicts sentenced for felonies can be more profita- bly employed for the State and for themselves. The expense of transporting them to the seat of government is very heavy. It sometimes happens, and may often occur, that a guard is sent from the seat of government to a county most remote from it, for a single chain-gang convict, and within a month has to be sent to the same or an adjoining county for another, and, perhaps, neither may have been sentenced for more than sixty days. When brought here, there are no pre-arranged facilities for employing, keeping or guarding them. To overcome these difficulties, I have connected this branch of the public service more or less closely with the operations of the penitentiary. This made the transportation cheaper, because often the same guard would bring con- victs of felonies and convicts of misdemeanors. Within the walls of the penitentiary, I have also found it cheaper and safer to confine them at night; and whenever their labor could be employed profitably to the penitentiary, I have caused it to be so used, and have charged that insti- tution with it. At the same time, I have been compelled to impose upon it the lodging, guarding and subsistence of them, and of course to allow reasonable compensation for them. They have been, as far as practicable, em- ployed in outdoor work-in doing, carrying and lifting,
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GOVERNOR CHARLES J. JENKINS
necessary in the repairs on the Executive Mansion and State House, in clearing away the ruins of the demolished arsenal, in improving the grounds of the public square, in improving the streets of Milledgeville at very moder- ate hire, in making brick in the penitentiary brick yard, in quarrying granite, which may be useful to the State, or salable. But as the number increases-and it does so rapidly-the difficulty of employing them and the inci- dental expenses disproportionately. If the policy of throwing them upon the hands of the Executive be con- tinued, it is indispensably necessary that some regular continuing works, adapted to their capacity, be inaugu- rated, and that a system be adopted for this whole service. I recommend, however, that their employment upon the public roads of the several counties, and in making brick for the erection of court houses and jails, and in building bridges, be made compulsory upon the Inferior Courts of the several counties. There is open to those courts a wide field for their employment, in every county, which, with good management, could be made highly advanta- geous to it. Nothing more is wanting than a spirit of enterprise and improvement. The roads and bridges of the State, with rare exceptions, are proverbially bad. In many counties, court houses are wanted; and, in a vast majority, safe and commodious jails. Here is an oppor- tunity to command free labor for such useful purposes. Many shrink from it, because, in the beginning, the labor- ers are too few to be profitably employed. But the indi- cations are, that this would be only temporary. An efficient gang once made up would undoubtedly be main- tained as regards numbers. Where it became necessary, provision might be made for consolidating the gangs of two or three adjoining counties, and working them alter- nately in the one and the other.
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After much reflection and a little experience, I am satisfied of three things. 1st. That owing to the short terms of punishment, no general system of State employ- ment of these convicts can be devised which will at all compensate for the expense of transporting, subsisting and guarding them. 2nd. That the employment of them in the counties where convicted can be made to relieve the planting interest generally of an onerous public service, (the working of the roads), and in every way largely beneficial to the counties. 3rd. That nothing short of legal compulsion will induce the courts of the counties to embark in the enterprise.
This subject, in my judgment, demands the serious consideration of the General Assembly.
MAIMED SOLDIERS.
Considerable delay has, I regret to say, attended the completion of arrangements for the supply of artificial limbs to maimed soldiers. No general inconvenience, however, has resulted from it, in consequence of tardi- ness in returns made to the Comptroller-General; less than one hundred applications having been made by the first of September, of which one-fourth were informal, and only about one-half the counties having been yet heard from.
I appointed as a board of surgeons to examine speci- mens of various patents which were put in competition for the work ordered by the General Assembly, Drs. L. A. Dugas, H. H. Steiner and L. D. Ford, of Augusta, having personal knowledge of their professional attain- ments and skill, and believing that the examinations and consultations could be made with more deliberation and less delay by selecting those resident in the same place.
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GOVERNOR CHARLES J. JENKINS
A call was also made through the gazettes, as directed in the act, for proposals from manufacturers exhibiting specimens, which elicited quite a number. Considering together these proposals, the report of the surgeons upon the relative merits of the limbs submitted to their ex- amination, and the directions given in the first section of the act as a guide to the Executive, it was very clearly my duty to accept the offer of Mr. Douglass Bly. To him, therefore, the contract was awarded, and it has been duly executed, he naming Macon as the central point where the limbs were to be fitted. The price of these limbs will be seventy dollars for each leg and for each arm where the amputation was above the elbow, and forty dollars where it was made below that joint.
The report of the Comptroller-General will inform you of the whole number of applications that have been made and of the probable total. The sum required to supply all applicants who bring themselves within the provisions of the act, will probably somewhat exceed the appropriation made, but it will doubtless be your pleasure to increase it so as to leave none destitute. Adequate information will probably be at your command in time to act.
From information collected, I am satisfied that thie benefits to be derived by the wearer of this admirable invention, will depend mainly upon himself. Early ex- perience in the use of the most perfect and best adapted artificial limb will be disappointing, but proper caution and perseverance will so familiarize the wearer with its action, as to make it speedily a wonderfully useful sub- stitute for the lost member. It is to be hoped that the brave men who have suffered mutilation will, by the
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exercise of patience, care and persistence, derive all the benefit you have designed for them.
CORN APPROPRIATION.
. After careful enquiry I became satisfied that corn could be most advantageously supplied to the destitute under the appropriation of the last session by sending an agent to the Northwest, and that St. Louis was the best point for his operations. Colonel Maddox was accordingly appointed and dispatched so soon as the necessary funds could be obtained. Through the liber- ality of companies engaged in transportation by steam- boat and railroad between St. Louis and Chattanooga, half freights only were charged for bringing this corn to the Western terminus of the State road-which enabled me to expend in the purchase at least $35,000 more than could otherwise have been done. The different railroad companies of this State, with their accustomed public spirit in the furtherance of good works, have done their part in the transportation with promptness and fidelity, free of charge. To avoid delay I appointed Colonel Peterson Thweatt, agent, to receive the corn at Chattanooga and to distribute it to the counties, thus carrying on the purchase and distribution simultaneously.
The Superintendent and other officers and agents of the Western and Atlantic Railroad have also materially aided the operation. The purchasing and distributing agents have displayed a high degree of business capacity, promptness, and fidelity in the discharge of their duties. The result is, the purchase and distribution in round numbers of 185,000 bushels of corn, being four and a half bushels to each beneficiary reported, at a cost (all ex- penses included) a little less than one dollar per bushel.
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GOVERNOR CHARLES J. JENKINS
There are some items not yet reported, which prevents a more precise statement, but when all expenses shall have been paid, there will remain in the treasury, of this appropriation, about $15,000. Reports of the agents ac- company this communication .*
I cannot close this subject (relief to the destitute and suffering people of Georgia), without making this public acknowledgement of certain noble benefactions from the charitable of other States, (partly in provisions and partly in money), which have been and are being dis- tributed through my instrumentality. In these munificent charities the noble women of our country have, as usual, been the chief actors. Ladies' Southern Relief Associa- tions of Baltimore, of St. Joseph, Mo., and of Woodford, Ky .; the Florissant Southern Relief Association of St. Louis, Mo., and citizens of St. Louis, Mo., acting through a committee, are the doers of these good works. We can give them only our poor thanks. May He who is love, and who loveth a cheerful giver, bestow upon them a better reward.
PUBLIC BUILDINGS AND GROUNDS.
The State House has been re-roofed, and, I trust, made secure against leakage; and the legislative halls have been renovated. Water has been introduced into the building, and arrangements are in progress to light the halls with gas, both of which improvements will tend to diminish the risk of fire to the building. The cupola is represented to be in an unsafe condition, requiring some repairs which could not be made with the existing appropriation. For this reason I have not had the clock
*Not found.
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repaired which stands within it, and could not be ex- pected to run well until those repairs shall have been made. The Executive Mansion has been put in secure and comfortable order; but, owing to the high prices of furniture, material, labor and freights, and the discovery of greater decay and dilapidation than was anticipated, the appropriation proved insufficient for the object, and the excess has been paid out of the contingent fund, of which, notwithstanding other unexpected drafts upon it, there remains a considerable unexpended balance. I refer you, for detailed report and suggestions, to the accompanying report of the engineer in charge .*
EXECUTIVE DEPARTMENT.
My experience in this department induces the belief that two Secretaries will be adequate to its business. I dispensed with the services of the additional Secretary employed during your last session very soon after your adjournment. If, however, the duties be performed by two, as I think they can be by the present efficient incum- bents, their labors will be arduous; and this, together with the very great cost of living at this time, entitles them to a moderate increase of salary. There will be economy in employing two capable Secretaries, with good salaries, rather than three less competent, at lower salaries. Their duties are also exacting, and do not admit of uniting other avocations with them.
CONCLUSION.
Whilst our political relations are so unsettled, and so few gleams of hope come to us from the future, there are a few things especially incumbent upon us.
*Not found.
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GOVERNOR CHARLES J. JENKINS
1st. It becomes us to cultivate among ourselves unity of feeling, of opinion, and of action; unity among the people, unity among the departments of government.
2nd. Our interest lies in eschewing political excite- ment, studiously avoiding all conflict with authorities un- chosen by us, but placed over us, and employing our active energies in rebuilding our own waste places and develop- ing our neglected resources. Whilst others rage and wrangle over ephemeral issues, let us be busy with the real, abiding concerns of life. Thus shall we emerge from this period of ostracism, wiser, more thriving, and more respected than ever.
3rd. It behooves us, above all, to keep ourselves in proper relation with the Supreme Ruler of the Universe. To this end, it is right and proper that, on a day to be appointed, our whole people should simultaneously pros- trate themselves before the Throne of Grace, rendering thanks for blessings enjoyed, imploring forgiveness for errors committed, and seeking light to guide us on our rugged, darkened way. I have refrained from inviting such a proceeding, believing that, in our extremity, it is more fitting that the movement be made by the imme- diate representatives of the people. I will cheerfully do your bidding, and heartily co-operate in proclaiming and observing a solemn Christian holocaust for suffering Georgia.
CHARLES J. JENKINS.
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FRIDAY, NOVEMBER 2nd, 1866.
- EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
November 2nd, 1866.
TO THE HOUSE OF REPRESENTATIVES :
I return to the House of Representatives, in which it originated, a bill to be entitled "An Act to authorize the payment of certain claims against the Western and Atlantic Railroad," which I cannot approve, and which came to me too late to be returned before the adjourn- ment. John W. Glenn was not the appointee or repre- sentative of the State of Georgia, nor subject to her control. He was the military superintendent of that road whilst it was in the possession and under the control of the United States Government.
All of the earnings of that road during his superin- tendency went to that government, and have never yet been accounted for to the State of Georgia. If ever accounted for, it will doubtless be after deducting the expenses.
The State of Georgia did not make, and is not respon- sible for, contracts with those employees during that time, which is well known to these contractors, and she is in no condition to pay debts other than her own.
Services rendered in taking care of railroad property, not under the control of John W. Glenn, and not in the service of the United States, require no legislation, and will be provided for when presented accompanied by sufficient evidence.
CHARLES J. JENKINS.
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GOVERNOR CHARLES J. JENKINS
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TUESDAY, NOVEMBER 13th, 1866.
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EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
November 13, 1866.
TO THE GENERAL ASSEMBLY-
I came into office under the impression, that the vexed question of the boundary between Florida and Georgia had been amicably and finally settled. I was therefore greatly surprised to find, during the late spring, that the inhabitants of a narrow strip of territory, which I suppose may be called "the debatable ground," were being called upon by the receivers of tax returns for both States to make return of their taxable property. This produced no little anxiety and excitement among those good citizens, who would be highly appreciated by either State. There was in this a conflict of authority, which, if not checked, might in time have imperilled the peace of the border. Under this impression, I proposed to Governor Walker, of Florida, that all action in refer- ence to taxation be suspended until I could carefully investigate the subject, with the history of which I was not very familiar. Governor Walker, in the spirit of amity and courtesy, which it is to be hoped will always obtain between the States, promptly acceded to the propo- sition. My investigations have satisfied me, that this is no longer to be regarded as an open question. It is un- necessary to review the whole history of the controversy. Your attention is invited to a point in it, when a renewed attempt at amicable adjustment between the parties, after repeated failures, was agreed upon, and to what ensued.
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ยท
You are aware, that, having been unable to agree, yet unwilling to protract the controversy, the parties resorted to a suit in the Supreme Court of the United States, in the progress of which that government was made a party.
At this stage of the case, the Governor of Florida proposed that the terminal points of the then existing line be agreed upon; that a line be run from one to the other by two commissioners, one to be appointed by each State, and that the line so run be established as the boundary. By resolution of the 27th December, 1857, the General Assembly accepted the proposition in regard to the terminal points, and in a commendable spirit de- clared that Georgia would adopt either the then existing line between those points, or any other that might be surveyed and marked, by virtue of law and the joint action of the two States. Authority was given by the same act, to the Governor, to appoint a competent sur- veyor to run out and mark distinctly such a line between the designated points, in conjunction with a surveyor to be appointed by the State of Florida.
In pursuance of this agreement, Gustavus J. Orr was appointed by the Governor of Georgia, and W. Whitner, by the Governor of Florida, to run and mark said line. Whilst these surveyors were engaged in the work assigned them, the General Assembly of Georgia, by an act assented to 16th December, 1859, enacted, "That if the State of Florida shall duly recognize and by law declare the line now being run by the joint surveyors of Florida and Georgia, that is to say, the first line run by them from the Western to the Eastern designated termi- nus,. as the permanent boundary line between the two States, that the said line is hereby recognized, adopted
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GOVERNOR CHARLES J. JENKINS
and declared on the part of Georgia as the true and permanent line of boundary; provided, nevertheless, on the Eastern terminus, it does not depart exceeding one- fourth of a mile from Ellicott's Mound."
The line was run out and marked, and its Eastern terminus did not "depart one-fourth of a mile from Elli- cott's Mound." Indeed, the variance being reported as only twenty-four feet, is inappreciable, and for all practi- cal purposes the line may be taken to have terminated at that mound.
It would seem, then, that nothing more was wanting to bind Georgia to this line than Florida's recognition of it by legislative enactment. Whilst the survey was in progress, the legislature of Florida enacted a law. ap- proved 22nd December, 1859, of the same tenor and effect with the above recited act of the State of Georgia.
After the completion of the line, the Legislature of Florida passed resolutions, approved February 8th, 1861, referring to the above act, declaring the line run by Surveyors Orr and Whitner as the permanent boundary between the States, and authorizing the Governor of that State to issue a proclamation to that effect, provided, that, by authority of the Legislature of Georgia, the same thing be done by the Governor here. I transmit herewith a copy of those resolutions, now of file in this department, authenticated by the great seal of the State. By the 17th and 21st sections of the Code, which was made the law of Georgia first by an adopting act, approved December 19th, 1860, and secondly, by the 5th clause, 1st section, 5th article of the Constitution, ordained and established by the Convention of 1865, this identical line is declared to be the boundary between Florida and Georgia. Surely,
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this should have ended the controversy. The State of Florida so holds. I respectfully submit that so the State of Georgia must hold, unless she determine to ignore law enacted by her Legislature, and solemnly recognized as law by her people in Convention nearly five years after. I regret to add, however, that the General Assem- bly, by resolutions assented to December 11th, 1861, re- opened the controversy, by providing for the appoint- ment of commissioners on the part of Georgia, and re- questing the appointment of commissioners on the part of Florida to hold further conference on this vexed ques- tion. The Legislature of Florida, with commendable patience and friendly consideration, acceded to the request. Commissioners were appointed on both sides, and entered into conference in the month of December, 1862. Messrs. Wright and Erskine, on the part of Geor- gia, proposed that a line known as the Watson Line be adopted as the boundary. Messrs. Banks and Papz, on the part of Florida, declined the proposition, and insisted that the previous action of the Legislature of the two States had established the Orr and Whitner Line; and so this effort ended, without changing the status of the question.
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