EXPENDITURES. "3 Secretaries, at $1,000 each,. Legislative Department: Executive Department: Salary of Governor, ........ 5,000 35,000 3,000 3,000 Under the head of the judiciary, Mr. White presents the following analysis: "1. A Court of Errors and Appeals, consisting of three Judges, elected by the Legis lature for six years. This is an appellate tribunal for the correction of errors in law and equity from the Superior Courts. The terms are held in Savannah, Milledgeville, Macon, Hawkinsville, Americus, Talbotton, Decatur, Gainesville, and Cassville. "2. Superior Court; Judges elected by the Legislature for four years. This is a court of general jurisdiction, both as a court of common law and equity, held twice every year in each county in the State, and has the power of correcting all errors in the inferior judicatories, and exclusive jurisdiction in all criminal cases, and in the trial of titles to real estate. "3. Inferior Court: Consisting of five justices in each county, who are elected by the people for the term of four years. The terms of this court are two in each year. This court has concurrent jurisdiction with the Superior Court, in actions of debt, trespass, &c. &c., and has the supervisory power in their counties, over bridges, ferries, roads, public buildings, &c., &c., and also the powers of a Court of Ordinary, in all matters in relation to the estates of deceased persons, the care of the poor, and in all actions other than those in which the title to land is involved. 4. Justices' Courts: Consisting of two justices for each militia district, in every county, who are elected by the people of their district. They have jurisdiction in cases of debt, when the same does not exceed thirty dollars. "The laws of Georgia were compiled by Marbury and Crawford, from its earliest settlement as a British province in 1775 to 1800; and by Augustine S. Clayton from the year 1800 to the year 1810, inclusive; by L. Q. C. Lamar from 1810 to 1820, and by William C. Dawson from 1820 to 1830, inclusive. "Digests of these laws have been made by Prince and Hotchkiss, and an Analysis of the Statutes of Georgia, compiled by Howell Cobb, Esq.-P. 61. The constitution of Georgia provided for the establishment in the State of a Supreme Court for the Correction of Errors." Yet, notwithstand 66 ing the obvious necessity of such a tribunal, it was 68 years before it was • And all surplus amounts unexpended. established. The consequence was, that there being in the state a half dozen or more Superior Courts, as they are styled, of equal grade, several very diverse systems of practice sprung up; and the law, especially the common law, meant as many different things as there were Judges of the Superior Courts. We had no uniform system of practice; and the evils consequent upon this state of things were innumerable. At length, in 1845, the Legislature established the tribunal which was provided for by the Constitution, and Joseph Henry Lumpkin, of Athens, Eugenius A. Nisbet, of Macon, and Hiram Warner, of Greenville,-all distinguished for their legal abilities, were appointed Judges by the Legislature. They each hold their office for the term of six months. These Judges fill their places with distinguished ability. The decisions in common law and equity which have been made by them, already fill seven good octavo volumes. The law, as expounded in these reports, commands the highest respect all over the Union. No Court which has not been in existence longer, can lay any higher claim to a clearer and more able exposition of legal principles. Chancellor Kent in his life, to whom Mr. Kelly-first reporter, now dead-sent his first volume, pronounced the decisions of the Judges clear, able, and made according to the principles of the common law, which, he thought, had been too much neglected in this country through the ignorance, carelessness, and presumption of our Judges. Judge Warner is the controlling spirit upon the Supreme Bench, so acknowledged by all classes, and especially the profession. He gives his decisions in a clear, terse, vigorous style, forgetful of ornament in language, and of all things else save an explicit expression of the law. Judges Lumpkin and Nesbit are men of undoubted ability, and are good lawyers. The fault we have to find with them is, that they load their decisions with too much rhetoric, and too frequently step aside to say something pretty, when plainer and more succinct language would better explain the principles of the law. Judge Warner's language is purely legal language, not too dry, nor, at the same time, too flowery. It reminds you of the language of Kent, Story, and Blackstone. On the other hand, Judge Nesbit's language is better suited for a commencement oration, and Judge Lumpkin's for the ardent declamation of the advocate. Nevertheless, as I have already said, all three of these Judges are able and distinguished men, and every Georgian has cause to be proud of the incumbents of the Supreme Bench in his State. Immediately upon the establishment of this Court, it began to root out the loose and illegal practice which had sprung up in our Circuit Courts. The old and artful counsellor found that all his tricks and chicanery would no longer avail him. The pettifogger found that he must take more care in the preparation of his declarations, answers, and bills in equity. The pedant at the bar found his favorite dogmas overturned, and the weak-minded Judge upon the bench below, experienced the chagrin and mortification of having some of his favorite decisions overruled. Now the lawyer, instead of spending his time over the card-table, and around the bar, instead of within the bar, depending upon the inspiration of brandy and his ready wit, instead of the viginti annorum lucubrationes, had to spend his time in his library, pouring over the dusty and cob-webbed tomes so long neglected, and making out briefs which he never needed before. All this was too much. The Supreme Court raised about its ears a storm which, at one time, threatened to sweep away its existence. Emptyheaded Judges, whose decisions were overruled, demagogued it-pettifoggers, scribblers, would-be lawyers, prated and fretted, and all united to overthrow a tribunal whose operation required judges and lawyers to have some brains. But it was "no go"-as the New-York law reformers wish to render the words ne exeat. The Court gained more and more in the favor and affections of the people, and it is now founded upon a rock, permanent and steady. Never had the Georgia Legislature even, made such an ass of itself-though much addicted to such tricks-as it would have done, had it repealed the statute establishing the Supreme Court according to the Constitution of the State. [To be continued.) PROGRESS AND RESOURCES OF THE SOUTHERN STATES. 1.-THE COAL MINES OF ALABAMA COMPARED WITH THOSE OF THE OTHER STATES. In the first annual report of 1850, of the Geology of Alabama, by M. Tuomey, Esq., State Geologist and Professor in the University of that state, there are the following remarks upon Alabama Coal, which we regard as of great interest: THE earliest notice of the use of Alabama coal that I have been able to find, is contained in Silliman's Journal, vol. xxvi., 1834, in a note by Dr. Alexander Jones, of Mobile, which, notwithstanding unavoidable mistakes, I have thought of sufficient interest to insert here. BITUMINOUS COAL. This state is very rich in bituminous coal, of a most excellent quality. It is in every respect equal, if not superior to the best English coal. I am using some of it in my little laboratory. It is very heavy, and burns with a good flame, and gives out much heat. It also yields the carburetted hydrogen gas in immense quantity. The vein, or formation of this coal, is very extensive. It is first seen in the bed of the Black Warrior river, near Tuscaloosa, and next appears on the surface of the ground, to the north-east and east of that town, and pursues that course till it crosses the Alabama and Coosa rivers at their falls, or just above them. It passes, probably, for some distance into Georgia, and not improbably, in its south-western or western direction, into Mississippi. Its principal width is found in Shelby and Bibb counties, where it is forty miles wide; it occupies the whole ground under the surface, and is covered by superficial patches of hard or soft slate stone, or shale, other minerals being rarely found near it. Blacksmiths in its neighborhood dig it up, and work it in their furnaces. It is also used in an iron foundry in Shelby county. The land is smartly broken. The growth consists principally of chestnut, oak and pine, and being more or less poor, it has never, much of it, passed yet out of the hands of the general government, and can therefore be bought by any one who wishes to own it at $1 25 an acre. In the winter season this coal is brought down the river to Mobile from Tuscaloosa, in flat-bottomed boats, and sold at the same price as the Liverpool coal, or at from $1 to $1 50 per barrel. The strata of this rich and extensive coal bed have an inclination of a few degrees to the S. S. E. I presume you will, ere long, receive a correct geological account of this extensive and interesting coal formation, from some gentleman of the Alabama University at Tuscaloosa, which is a very favorable point for observing it. The facts which I have communicated were obtained from an eminent lawyer of this place, who had visited that region, and from a laboring man, who had worked the coal in a blacksmith's shop, which he owned in that region. He informed me, that having worked at the coal mines in Virginia, near Richmond, he considered this coal deposit the richest, and as containing the best coal he had ever seen. For domestic purposes, the Alabama coal has been sufficiently long in use in the state to have its quality in this relation settled. In Tuscaloosa it is used in the houses, to the almost entire exclusion of wood. The price varies from ten to twelve cents per bushel. It is also used in Mobile for similar purposes, but to what extent I do not know.* During the months of August, September and October, (1849,) there were about 200 persons engaged in the coal trade of the state; and as only three beds are worked under ground, the rest of the coal raised is taken from the bed of the river, and streams, where of course operations can only be continued during the low stages of the water; and in general, it is only the seasons of leisure that can be devoted to the business by farmers, who are the principal proprietors. It has already been stated, that the obstruction of the Warrior, which terminates the navigation of that river, is occasioned by the coal measures. Above this point the river is only navigable during freshets, at which times alone coal is carried to Mobile. The boats used are common flat-boats, with gunwales made of solid timbers; the first class have a capacity of about 2000 bushels, draw 20 to 30 inches of water, and cost $70, or thereabouts. Coal is brought down the river to Tuscaloosa at about four cents a bushel, a distance of 50 miles, and thence to Mobile, a distance of 355 miles, at an additional cost of nearly four cents; the boat being a dead loss in either case, as it brings but a few dollars. Coal is brought to Tuscaloosa in wagons from those beds exposed 5 or 6 miles east of the river, and 10 to 18 miles from the city. When the plank road, at present in contemplation, is constructed, it will greatly facilitate operations in that direction, more particularly as it is intended to reach the iron region of Roup's valley. It will be seen from the map, that the Warrior runs through the centre of the coal field; and its improvement, 75 or 100 miles above Tuscaloosa, would leave little to be desired, in relation to the transportation of coal from this region; for it is supposed by those who have examined it, that with a very moderate outlay, the river below Tuscaloosa may be rendered navigable through the summer for light-draught stern-wheel steamers. The attempts at improving this river, up to the present time, have been conducted on two different plans, the one in relation to its navigation at low water, and the other to high water navigation. The first and most expensive operations consisted in the construction of jetties, &c., with the view of turning the water into a narrower channel. The plan appears to be good, but the execution was defective. The jetties were, in many cases, not connected with the banks, and not reaching above water, they became dangerous, submerged islands, to boats coming down at high water. Later improvements have been altogether conducted with the view to the removal of obstructions to high water navigation, and consequently, it became necessary to undo, in many cases, what had already been done, at considerable expense. The work principally consisted in the removal, from the shoals, of prominent points of rock, widening channels, cutting away dead timber, &c. The execu tion of this was entrusted to sensible men, who knew from experience the dangers and obstructions of the river, and I can bear testimony to the faithful man ner in which they have discharged their duties. The clearest proof of this is found in the fact, that formerly, it required 4 feet rise in the level reaches to produce 1 on the shoals; now, 3 feet is sufficient to give the same rise on the shoals. The nature of the obstructions in the river may be gathered from what Mr. Hanby's account of his attempts at the introduction of Alabama coal into the Mobile market, would furnish an amusing chapter, on the difficulty of diverting any trade from its accustomed channels. The intelligent proprietors of the gas works in that city, however, were not slow to recognize its value as a material for the manufacture of gas; and it has now, where it is known, I believe, a fair reputation. Much of what has heretofore been carried to market, under the name of coal, included everything that resem bled it in color; but I know from observation, that those engaged in the business at present, take every reasonable precaution to reject all impurities. has been said of the geology of this region. The coal measures are made up, as I have shown, of alternations of hard and soft beds; the latter are worn down, or washed away, whilst the former are left, and hence, the bed of the river consists of a succession of level reaches and shoals. In the level portions, beds of coal are generally found, and it would be no difficult task to cut a channel through the shoals, but, without great caution, this would let the water off too fast; and it is easy to see that the whole river might, by continuing the process, be converted into a rapid. In this consists the danger of river improvements, by the removal of shoals. The alternations of shoals and deep water on the Warrior, fits it, in a peculiar manner, for what engineers call slack water navigation, which is effected by the construction of dams across the river, that converts it into a canal. The dams are passed by either locks or sluices. I have alluded to this subject because of the intimate connection of the improvement of this river with the developement and interests of the coal field through which it flows. A glance at the map of the United States and South America, will show the importance of the geographical position of our coal fields. It will be recollected that the Alabama coal fields come down to the head of navigation on the Warrior at Tuscaloosa; and within ten miles of that point on the Cahawba. It may be interesting here to take even a rapid view of the most available deposits of coal, on the Atlantic slope, the Gulf of Mexico, and the region still farther south. VIRGINIA COAL FIELDS. Towards the north, the Virginia coal region approaches the sea-board nearer than any other. The Clover Hill pits, situated in Chesterfield county, are connected with the navigation of James river at Port Walthall, by a railroad 22 miles in length, which cost the company $100,000. The price of the coal on tide water is $3 to $3 50 per ton, and cost of transportation $1 per ton. At these pits 6000 bushels a day are raised. At Port Walthall it is shipped down the river for the northern and southern ports. MARYLAND AND TENNESSEE COAL FIELDS. The next coal region, along the sea-board, is that of Maryland, at Cumberland. Coal from this region, in 1847, paid for transportation to Baltimore $2 50 per ton, and to Washington, $3 56 per ton. In the former city the price in 1848 was $6 to $6 25 per ton. The transportation on the canal being only one half cent per ton per mile. The length of this canal is 187 miles. These, and the Richmond coal mines, are the most accessible sources of bituminous coal for the Atlantic States. Of the Tennessee coal fields, Dr. Troost states, that "coal is shipped from various points, but particularly from Kingston; from whence it passes down the Tennessee river more than six hundred miles, to the Ohio, and thence, more than a thousand further, to New-Orleans; making a voyage of no less than seventeen hundred miles of inland navigation. From the western margin of the Tennessee coal-fields, a certain quantity of coal is sent down the Cumberland river, nearly an equal distance, to its place of destination."* ILLINOIS AND KENTUCKY. The rest of the coal brought down the Mississippi, is, I believe, derived from the Illinois and Kentucky coal fields, of which Mr. Taylor gives us the following statistics: "There is no coal in the Ohio river nearer to its junction with the Mississippi, than Salem, near Shawneetown, 16 miles above the mouth of the first named river. On the Mississippi, it is rather a shorter distance, being sixty miles to Muddy Creek, and thence 25 miles up that creek to the first coal Statistics of coal; to which valuable work I am indebted for much of the information contained in this article. |