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7 ***** rhftSavannahDaily Herald ln fMOKNI^G AND EVENING) , B PCBLISUD' BT 4 . W . MAS° N a co *’ -AV -STBr.CT, SAVANNAH. GEOKBI*. 3T A> T E K M 81 ... .Five Ceuta. ' * * * $3 50. ■ *10 00, A j» v E r. T i fl i b o: r Soll ., r o of Ton Linos for first TitoP‘- 11:1, -nf,iHr fir each subsequent one. — Von: 011 ■ ,’rto<i in ihe morning, will, if desired, ning without extra charge. B i.uiNTING, neatly and promptly dong. GOVERNOR'S MESSUAGE. Executive Department, 7 jlilledgeviHc, Jan. loth, 1866. ) c ;crS and Representatives : .mrureeiinff upon the resumption ACC r P Sfter a brief recess. During ol J? ur I VH ] supposed by some to be fraught that 'Dte* j th0U g|, there have occurred in localities shocking exhibitions of have witnessed no general or con- cr ", U d disturbance of public tranquility.— a ' r i i s this experience will awaken in all t teneweii gratitude to, and trust in an 11 rulin'' Providence; and encourage per- <lT t effort to recreate, from our recent Tiotic c-ndilion, social order apd prosper- domestic economy. 0 witliin a week after your adjournment, ,, Vvceilency, the President of the United i 1 - 1 , ffas pleased to relieve of his trust the ea i„nal Governor, and to remit the Slate !S wrnmcnt of'the State of Georgia into the f nds of the chosen agents of the people— I’Nh’was certainly a cheering advance in his surntive policy, and illustrates both the pis purposes and the wisdom of B or ivitieut waiting and prudent actiou. ' burin 1 ' Dearly the whole period of your licence from the capital, the Congress of the T’ died States has likewise been in recess, and there have, therefore, been no decided Vnion-tratious of.the policy that will be DU r SUt iJ bv I hat branch of the Federal gov ernment. 'Bui enough has transpired to jus tify the expectation that not many mouths will clause before our people will be repre sented in the balls of Congress. As surely h- the lav ins of a foundation gives promise of a superstructure, just so surely are we guaranteed au early restoration to all of our ri dit« as members of the American Uuion. in papular governments the highest legis lative function is that of training or altering a written constitution. History furnishes no rtrord of a people, not only permitted, but tmrently invited, to participate in the exer cise of this high lunetion, actually exercising it, itud then arbitrarily deuied participation In the ordinary legislation springing out of il. An amendment of the Constitution of t ie United Staus lias been proposed by the Congress, in the mode prescribed by that in strument, to the Legislatures of the several siates. and its adoption depended upon the cuncurrence ot the Legislatures of three- iorths ot those States. These bodies as- saared, seriatim, as they came into session, to actnpou it; those States which had never separated n at tempted to separate themselves fr.,ui the Union, and whose governments, therefore, had never suffered disorganization, acting first. A point was reached when a Mncunvr.ce of the requisite number had not been aituiutd, and possibly might not be. At this juncture, States situated as was Geor gia, were one after another getting again into an organized condition; and their Legisla tures, upon flieir assemblage, were distinctly invited by Federal authority to take actiou upon this very important amendment Most it not all of them, among whom was Geor gia, nut only acted but gave their concur rence. A proclamation lias goue forth au- aouncing tonnally that the proposed amend ment laid been adopted by tlie Legislatures of three-fourths ol the Siat.es, the names of which are set forth. Iti this catalogue are embraced Georgia and several other States nut recently represented in Congress, but nmv prepared and desirous to be so repre sented. Strike their names from the cata- iogue of the proclamation and it would have mi constitutional basis upon which to rest.— If those States lie not in the Union the Fed eral theory upon which the war was waged is wrong, and they could not rightfully have voted on the adoption of the amendment.— Yet their •• ores were distinctly solicited, have been counted, and have given it the desired sanction. Shall it he said of a Confederate republic 'hat certain States were in the Union for one purpose ami out of it lor all others—that vvnilst invited to participate, and actually participating in the making of fundamental law they were incapable of participation in ' !if ‘ nio-i trivial act ol ordinary legislation— that whilst they, with other States, ordained that certain things be done by the National legislature, they can have neither part nor jut in the doing ol them? imagine the crit- j't-m upon republican government which -'itch a state of things would evoke from mo- twiehists of the old world. Let us uot anti- c, P ate this iesu t. It would be too great an "utnige upon the excluded States—loo dis- ■ul.itig to tin-self-respect of the actors—too uatuaging, to free iustitutions, if not too< I' jtJ a crime against them, at least too con- ! i»jcrtuusa blunder tu the legislation of their exemplar. Such an idea may possibly Possess the minds of a lew persons having ptcuimr intellectual and moral idiosyncra- “ l ' 1 surely will never control the action ihe Congress of the United States. Then ‘ u . . e 1JI ’ 1 so uncharitable as to harbor the n P IC10 ?- Being recognized Constitution- ' LJ” t,,r Bn'mn, we shall be, ere loDg, n.nM <irs ' n ,|R ‘ Buion. I have said thus 1 "n the subject because of the disquiet I "duces m the public mind which I would 1,1111 au] m allaying. REPORT of run COMMISSION. Ji! e Commission appointed by the Con- ? n w1jicIj met in October last to pre- I " ,lr consideration a code or system J* tlle government and protection of f recently emancipated from slavery, 1 'niiJ-i ' purposes, have reported, and Wiri i c !!Py ot ,,j eir report herewith. t a n 11 /_ 6ll ' ,1 g '’P 00 lts provisions in de- a < > si w| v S rc;1 t pleasure in commending it, j‘ e : R ‘ your most favorable eousider- t u ,| ‘ .. r- 4 just and liberal, as it should be, iotheev man ' Bis safe, as it should be, , lz< ‘ r - It extends no political rights Lis ri!,w rmL ' r ’ ljut 11 gives ample security to areni'n • °* •" rson and of property. Like a mittf^ Jom - v 01 Ulc States which never ad- w l: , lr ; ar ''av: long sinfce abolished slavery, iitic'al ri i ° - averse ,0 invest him with po- reason w ts ftu ' 1 Privileges. For that very obli»nti n , are UU(ler tiie highest conceivable son°.|nri lo ! ’ rotect bim in his rights of per- tnean's |,;? ro P eri y’ ? nd to aid, by a " j U8t ’•Vi aivr. , a,lVuIR ' e in civilization. This aid him w!,-,-, ! m .’ llj i s advance we effected for wiiLheld n ' n Slavtr -V- Why should it be Spying in ■ Whilst we ineist upon oc- sition of., relat i°n to these persons, the po- ‘fatilv uiPBi .Soverning class, let us fully and With il.,, 113 r<, spousibilitiea. copy 0 f ( ' ri giual report I also transmit a corumis b i ou VUa alterations suggested by the invoke Ibr q 13 ^cmselves, upon revision. I examimtinn e ,P r ° d nct of their labors careful dices. The Ve9 . ,e <I of all lingering preju- gratitude L ' um ,missioners have earned your gested bnile 1 as the compensation sug- > c «plea y s ; L retorake. i0n ’ WhiCh U ^ Tbia WESTERS ASD ATLANTIC RAILROAD. has, as yi? ' a * uabl .® item of Stale property you are we U aware, suffered grea ed triment from the war. The government of the United States, upon taking possession of it, through the military authorities, made such repairs as were necessary to make it available for their own uses, but these were not of a permanent or substantial character. When delivered to the State authorities in September last, not only was the condition of the road itself bad, but there was an al most entire destitution of rolling stock, ma chine shops for repairs of locomotives and cars, material' to be used iu them, ordinary supplies, and fuel. The report of the super intendent (which will be laid bafore you as soon as received) will intorm you that lie purchased of the articles above enumerated from the United States government, upon the terms stated, a very considerable quan tity, the cost of which was a little short of four hundred thousand dollars. Although this purchase involved the assumption of a large discretion, when it is considered that there was at the time no higher authority emanating from the people which could be consulted—that, without the property pur chased, the road so necessary to commerce and to the supply of the wants of the people, could not have been operated—that it could not have been purchased elsewhere on a credit, and therefore not at ail—and that even in its dilapidated state, the road, in the short spnee of two months, yielded a net in come exceeding one-half the amount of the purchases—the wisdom of theact will be fully exemplified. But large as is this outlay, il falls far short of what must yet be expended to repair the damages, and put the road in a condition to meet the demands upon it in the transporta tion of passengers and freight. Several of the largest bridges were destroyed and must be rebuilt. Three of the temporary struc tures erected to supply their places have beeu either swept away or greatly damaged by freshets during your recess, so that no trains can now run continuously between Atlanta and Chattanooga. Daily communi cation in both directions is indeed maintain ed, but at much trouble and expense, and with greatly dimiuished income. The night trains are now unavoidably dispensed with. I doubt uot you will be admonished, by this unfortunate result, of the necessity of making speedily such expenditures as will effectually prevent its recurrence. The funds necessary to the object must be raised upon the credo, of the State. So soon as I am furnished with an estimate of the probable cost I will lay it before you for consideration. You will,- I am persuaded, feel no hesitation in incurring such debt as may be necessary for the purpose, in view of the assurance furnished by its past, opera tions that the road will soon work out its own redemption and then resume its sus pended functions of feeder to the treasury. Nothing now is needed to make it a source of immense revenue than solid, permanent improvements, motive capacity correspond ing to its position in connecting lines of rail road, ana skillful management. All this Georgia can supply, and will, without un necessary delay, if true to herself. The last mentioned condition of its success, skillful management, demands present con sideration. Although I should derive from it incalculable personal relief I cannot con cur iu the suggestion that the management ot this great public interest should be trans ferred to a Board of Commissioners, 10* be elected by the pcple or by ihe General As sembly- In discharging the responsible duty of “giving you from time to time information of the state* of the republic, and of recom mending to your consideration such measures as I may deem expedient,” I shall yield neither to suggestions ot morbid delicacy, nor the fear of being reproached with lust of power. Iu discussing the relative merits of the present and the proposed schemes for the management of the road, both of which have been brought to the experimental test, the former fiDils abundant support in the tact, which 1 think will scarcely be contested, that the greatest success has been achieved under it- But I rest not the argument on this alone. With a Board of Commissioners you will have divided responsibility, divided counsels, bickerings, criminations and re criminations, and tne inevitable loss of res pect tor the immediately controlling authori ty. Be that authority vested in one or in many, he or they exercising it must he so compensated that other avocations may be entirely abandoned and the whole lime given to the work. If there be several inadequately compensated, each will look to some other employment to supply his deficiency of at tention to their joint trust, and thus a great interest will receive little faithful supervision. All cannot be adequately compensated for the yielding of their whole, time, without in curring enormous expense. This, however, is the least substantial objection. It will be conceded that capacity for the management of so vast a business can only be fully ascertained by trial. Whoever may be entrusted with it, or however appointed, should be subject to removal instantaneously that incapacity or infidelity was developed; and usually (lie powers nt appointment, and removal are placed together. The people, in the nature ot tilings could uot exercise the removing power. The General Assembly are not in session one-sixth of time, in an average of years, and when in recess cannot convene of their own pleasure, and therefore are unfit depositories of the removing power. If this were separated from the appointing power and vested in the Executive (supposed to be always id place,) difficulties still present themselves. First, there would be danger of antagonisms arising between the Executive and Legislative Departments, or between the former and the great body of people, which would be unlortunate. Secondly, vacancies made should be speedily filled, but this could only be done by giving to the Governor the power of appointment for an interval longer or shorter, according to circumstances ; and thus by a free exercise of the power of removal he might at last draw to himself, in a good degree, that of appointment. This, too, would occasion jealousy and dissatisfac tion. To my mind it seems abundantly clear, that system is the best for such an enter prise which most certainly fixes personal responsibility and most effectually secures prompt removal for incapacity or faithless ness. This is attained by having all the res ponsibility of superintendence centered in one—and all the responsibility of his ap pointment and continuance in office, cen tered iu another himself immediately ac countable to the people. The qualifications for superintendence and management of such a work are by no means common and cannot be secured without ade quate compensation. Lack of qualification cannot be supplied by the mere multiplica tion of employees. Less than one—half the aggregate salnries of five, and but little more than half the aggregate salaries of three cotn- m'Lsioners, placed at the lowest rate that would command very moderate ability, would doubtless secure one superintendent of high capacity. Hoping that the great im portance of the subject will be regarded a sufficient reason for giving it so large a space in this communication, 1 leave it, with the resDectful recommendation that very little if any change be made in the present system, ana that the salary of the superintendent be increased to such extent as, in your judg ment, will secure the highest capacity for the position. I earnestly request early action upon the whole subject, that there may be no unnecessary delay in putting the roa4 on the proper basis. THE PENITENTIARY. Public opinion seems to have been greatly divided upon the expediency of the Peniten tiary system. The burning of several oi the buildings appartments to the institution, by the United States forces in their progress through the Stale Jjas furnished its oppo nents with a favorable opportunity for at tack. The history of punitive justice in the United States and in Great Britain, from which country our ideas of jurisprudence, civil and penal have been inainlv derived, clearly developes through a series of years a perceptible recession from sanguinary and degrading punishmments. For these have been substituted punisements of decided se • verity, but redeemed by their connection with reformatory appliances. Chief among them is solitary confiement at hard labor^ for a term apportioned to the character of tlfe offence. This, which makes the Peni tentiary system, has been generally adopted in the States of the Union, and seldom if ever abandoned after trial. Its introduction always makes a very marked change of system, and I am inclined to think that the disappointment so often expressed in Georgia with its results has beeu occa sioned mainly by unreasonable expectations entertained in its inception. The wit of man can devise no scheme of punitive jus tice which will prevent the commission of crime—under any system the criminal cal ender will increase with increasing popula tion. If the system which basso long ex isted in Georgia be abandoned what shall replace it? I am aware of no other sugges tion than a return to that which preceded it. About thirty years since the General Assembly of Georgia made this experiment, but the scenes of the whipping post, and the pillory, and the exhibition in open court of the red hot brand, burning infamy in human flesh, produced in one year such a revulsion of popular feeling that their immediate suc cessors undid their work, and restored the Penitentiary. It may well be questioned whether our constituency wonld now look with more equanimity upon such proceed ings. In making the change under consid eration. the crimes now punishable by con finement in the Penitentiary, must be divid ed into two classes—the more aggravated added to the list of those entailing capital punishment, the other remitted to the barbar ous sanctions of an exploded code. To the lat ter I have already alluded. Iu reference to the former, it may be well to consider the probable efficiency of the proposed penalty. Statesmen, jurists, and publicists ot this day agree iu opinion that certainty gives more efficiency to punishment than severity.— Where trial by jury prevails no reliable es timate can be made of the certainty with which any proposed punishment will wait upon crime, without consulting public opin ion regrarding its propriety. We are not without some data for the application of this test. The number of crimes now subjected to capital punishment in Georgia is com paratively small; yet it is pertectly notori ous (using the mildest form of expression,) that in such cases the character of the for- seen punishment marvellously increases the difficulty of satisfying jurors that the ac cused has committed the crime charged. So evident is that feeling that your existing code provides as one test of the qualification of a juror,before 1ib is put upon the accused, the questiou “are you conscientiously op posed to capital punishment?” This test, as all know, excludes train the jury box many good, but, as I humbly conceive, sadly mis* taken men. I submit whether, iu the face of such clear indications of public feeling it be expedient to swell the list of capital of fences by the additional minor ones. This horse thief might well prefer to go before the country with the penalty of death im pending rather than with the milder one affixed^ by the present code. This view might be extended, but you will readily foL low the train of thought. My recommendation, therefore, is, that in stead ol abandoning, you address yourselves with the light of experience, to the work of improving the system. One of its .greatest recommendations, theoretically, is that it rends to the reformation of the convict. The merit is wholly denied by its opponents.— Tne truth, fairly stated, probably is, that in this respect it has accomplished less than was expected. The practical question is, may it uot Ire made to accomplish more? That many convicts will prove utterly incor rigible is I o Ire expected, mid in most in stances this will ire indicated very soon after their admission. These should be subjected to lire hardest labor and to the greatast at tainable isolation, thus dimiushing their cor rupting influence. As regards the less ob durate subjects it is worthy of consideration whether hope that excitant of human action, hope of return to free life, under favorable auspices—hope of shortened imprisonment— hope of mitigntion of its severity while it lasts may not be more freely and more ju diciously used as a reforming agent. Has it been sufficiently considered—lias it been fairly tested how far reward in the shape of mitigated punishment may consist with pun ishment itself which is meant to be reforma tory? Have extraneous good influences, such' as moral and religious oral teaching, impressive and well directed reading been applied with sufficient judgement and per sistency ? The solitary element of the con vict’s imprisonment, is doubtless very po tent, because very bitter. Its stringent en forcement to restrain bad influence and to conquer obduracy would be eminently proper ; whilst its judicious relaxation, ks a reward of good couduct, and earnest effort at amendment might be very salutary. Tne tendency in such iustitutions as in schools for boys aud higher seminaries of learning, is to one unvarying disciplinary course regardless of difference in traits ot character or in degrees of depravity. It makes the daily administrative routine more easy, and hence the strong temptation to it; but no education of the young achieved dis tinguished success under it, and prison dis cipline so conducted must tail likewise. Should you determine to adhere to the sys tem, much will have to be done to repair the material injury sustained by the institution, into which, doubtless, your committees will enquire, as well as into its general manage ment, to which I am as much a stranger as aoy, and more than many of you. The question will probably arise, whether, if it be continued, it shall be rebuilt here or established anew at spme other point. There are ceitainly advantages in having such an institution at the seat of government which will readily occur to the reflecting mind, and one great objection heretofore existing to the locality, viz: its inaccessibility by railroad travel and transportation is overcome already, and doubtless it will ere long be still more tasy of access. There may, however, be ad vantages iu some other locality commending it to preference. Of this, you. in your wis dom, will better determine. Should you de termine to locate it elsewhere I respectfully suggest that the present alte. with necessary repairs to the buildings not destroyed, and the addition of others, involving no large ex penditure, might be used advantageously as a labor prison for persons of color convicted of certain crimes. Public works of suitable descriptions, such as the tanning of leather and the lower and more easily acquired me chanic arts, coming within the purview of the report of the commissioners herewith transmitted, might be advantageously estab lished here. By act ot the General Assembly, approved December 5th, 1862, the Executive was au thorized to establish, in connection with Messrs. Devine, Jones, and Lee, a Card Fac tory, for the supply of a want sorely l'elt throughout the State. The connection was formed, and the factory established on the Penitentiary grounds. As in the changed circumstances of the country it will not be desirable to either party to continue the con nection I advise the appointment of an agent, or agents, with fall authority to settle all cuatters in account between the parties, and to divide the assets and make sale of sucli as may be allotted to the State. The Penitentiary, if continued in opera FKIUE, 5 CENTS tion, will doubtless need the appropriation of more or less money to extinguish in whole or in part the amount due it by the State, as stated in the report of the principal keeper, and to which your attention is invited. STATE FINANCES. The financial condition of the State de mands senobs consideration and wise action. The currency in the treasury when bostiities ceased is utterly worthless. The functions of all officers of the State government hav ing been for several months suspended no tax has been collected during the political year just ended. The expenses incident to a reorganization of the government have •been, thus far, met by temporary loans, and these are now very nearly exhausted. For all practical purposes the treasury may now be said to be empty. From what has already been said it is ap parent that during the year upon which we have entered large sums must be expended in the revival of important interests. Iu ad dition to these, the arrears due upon the civil list of the last year, the interest upon the public debt unpaid for several years, a por tion of the principal of that debt matured, while we have been cut off from connection ’ with the rest of mankind, and the neces'Sary- expenses of the government during the po litical years 18G6 and 1867 must necessarily be provided tor. I include the expenses of 1867, because if resort be had to taxation, the usual resource of supporting govern ment, that tax must be imposed and collected iu the present year. The arrearages of the past and the regularly accruing expenses of the present year can be met only by the sale of valuable property possessed by the State, or by loans pred oated on her credit. The former alternative I may dismiss as an ex pedient without advocates. Recourse must then be had to the credit of the State, and the practical questions are, to what extent and in what form it shall be used. I accompany this communication with a tabular estimate of money which will he required for the years 1866 and 1867, which I think will admit of no material reduction. Superadding to this sum so much as you may determine to expend in the reconstruction and refitting of the Western & Atlantic rail road, and the Penitentiary, and such other appropriations as it may be your pleasure to make, for the relief of disabled soldiers, for the suffering families of those who fell in the war, which present strong claims upon our humanity and our gratitude, and for any other purposes, you will be enabled clearly to estimate the necessities of the State. We at once assume the whole outlay in money which you may determine to make in the political year now current, which will termi nate on the first of November next, must be borrowed, uuless you not only resort to tax ation, but materially advance the payment of the tax. Looking to the year next ensuing (1867),it will be necessary to determine during your present session whether you will provide for its wants by levying a tax during the present year, or whether you will put that burthen also upon the credit of the State, and give to your constituents, in their reduced circurn- stauces, another year's exemption from State taxation. It must be borne in mind- that there is upon the statue book an unexecuted law, requiring the payment of a tax in the year recently ended—unexecuted, because of the disorganized condition of the govern ment. I recommend the remission of this tax, and the imposition ot a moderate one lo be collected during the latter part of the present year, when the fruits ot its opera tions shall have been partially realized. Iu the tabular estimate before* referred to I have, for convenient reference, set forth-a. statement made bp frotn the report Sf the late. Comptroller General, shtiwing what sums different rates per cent, upon the as* sessed value of property in I860 (other than- slaves,) will yield. Owing to the late period of your organiza tion and the circumstances surrounding you in your brief session no appropriation of money for the civil establishment, in the cur rent year ba» been made. The first, qinirfer has very nearly expired, and to meet its de mands it will be necessary to appropriate a sufficient, sum before a general appropriation act can be matured, and indeed as quickly us possible, the amount of which can be deduct ed from the estimate in the general bill. Discouraging as is the present aspect of our financial affairs it may safely be affirmed that you may make the embarrassment only tem porary. The entire indebtedness of the State, clearly ascertained, including its funded debt, interest upon it in'arrear, and the temporary loans effected recently to put the government again in operation, falls phort $3,500,000. If to this were added two millions five hundred thousand dollars to repair all reparable dam ages and meet present necessities, without imposiug heavy burthens upon a people tem porarily exhausted by protracted war, the whole amount of indebtedness would be six millions of dollars. The auuual interest upon this sum and the annual appropriations for the support of government upon the scale of estimate here presented, would not. exceed eight huudred thousand dollars. From the earnings of the Western and At lantic railroad, put in good working order,' and from a tax of one-eighth of one per cent, upon the property of our people, (these esti mates being put intentionally low,) we may safely calculate on au income of one million the amount of interest to be annnally paid, leaving each year a larger surplus. It will have been seen that it is proposed to meet the oyer due bonds by issuing other bonds and, also, to fund the interest in arrear. There is every reason to believe that no dffi- culty will occur in affecting this negotiation. As evidence of this I send you herewith a copy of a communication from Lewis' H. Haslewood, Eq., ot London, chairman of a committee appointed at a meeting of hold ers of American securities on which there are arrears of interest. The very liberal pro position is therein made to fund all the ar rears of interest and the interest to accrue to Janury, 1867, inclusive, into a bonded tempt to fix the compensation to be paid by one man for the temporary use of another’s properly. Money, or rather the use of it, is as distinctly a subject ot value, and its value is as fluctuating as the use or occupation of a tenement, or the hire of a hofse .or other chattel. Yet while rent and hire are left to be regulated by contracting parties, interest ! on money is fixed by law, and that law en forced by vindicatory sanctions. I am un- ' able to perceive on what principle this.differ ence rests. The usual pretext is that the re straint is a necessary protection to the needy against the usurer. But does he require it more than another child of want, who can procure no sheltering roof for his family by rt ht— 1U " J “ uuuucu procure uo sneuering root ror ms raiuny uy uent, the sole condition being that “a sinking j reason of the occasional appreciation of tuna be established of 2 per cent, per annum. | rents ? Does he require it more than another Ihe amount of debt represented by Mr. “ ■ ' Haslewood is not stated ; but it is presumed to include all the sterling bonds of the State, which amount to seventy-two thousand dol lars, and may embrace others. If foreign creditors be willing to fund not only our in terest iu arrear on the first of July last, but that accruing within eighteen months there after, can it be supposed oar home creditors will hesitate to fund that accruing to the 1st inst? Without any adequate sinking fund you cannot resuscitate promptly the fallen credit of your State. With it you can. Un less it be resuscitated, you must either hawk your bonds about the money centers and unfortunate who at times cannot give his family bread by reason of the high prices of provisions? Sound political ecouomy and right reason are against all such interferences with prices and value in commercial transac tions. There are times when the use of mo ney is worth much more than at others. With us it is rarely worth less than the legal rate of interest, but it is often worth more. The policy of usury laws generally is to place the legal rate of interest at the lowest point to which, in a series of years, it would go if untramelled, and to keep it there despite the varying relations of - _ _ demand and supply -ii „„ ?- . . ! Hence law abiding capatalists usually prefer sell them at an enormous sacrifice, making a Either modes of employing inonev Active nominal rate of 7 per cent., equivalent to ! capital, tike running waters will ahvavs form 8 to 10 per cent., and have your credit ' ... ’ always depreciated, or you must greatly re duce your expenses, including salaries, to a standard so low as to bapish from the ser vice of the State, in all departments, citizens of Stirling virtue and ability ; or you must cause your constituents to groan under a weight of taxation, which now they are illy able to bear. To avoid these disastrous al ternatives, earnest, decided action is indis pensable ; aud it is high time that Georgia should adopt a judicious, stable financial system. I recommend therefore, first, that you au thorize the Executive, as the necessities of the State may require, and to that extent only, to issue bonds of the State, having not less than twenty nor more than thirty years to run, bearing an interest not exceeding six per cent., for an amount which, added to the existing funded debt, not. yet matured, shall not exceed six millions of dollars. Secondly, that for the payment of the interest and for the creation of a sinking fund (accumulative) to discharge the principal ol the debt now proposed to be created, of two per cent, per uuuurn on that principal, so much of the auuual income of the Western and Atlantic railroad as may be necessary be sacredly pledged, aud that this pledge be set forth in the bonds. Thirdly, that to the extent of this pledge, all appropriations hitherto made, lor State uses and policy, of that in come (not involving the violation of con tract) De repealed. Should these recommendations meet your approval it may be necessary to contract short loans to meet pressing necessities ; but these may be extinguished as longer ones are effected. EDUCATION. Hitherto the State has aided the cause of education chiefly in two ways- first, by the endowment of a University, and secondly, by setting apart certain funds for distribu tion among-the counties in aid of common schools. The case of the University is some what peculiar, but readily understood. Its original permanent endowment was in lands, . - - , . , ays leave an obstruction lor an unobstructed channel open to it. But experience proves that usury laws, as a general rule, are only obstructions in money lending to conscien tious or to cautious men. Their withdrawal leaves a more open field to the unscrupulous and the daring, enabling them to extort from the borrowing class higher rates than with free competition could be maintained- Thus it appears to me the restraint imposed on this bianch of business is not only wrong in principle but lails to afford the intended pro tection. There is at this time in Georgia a great want of money. Some need it to re vive a suspended business, others to com mence a new in the place of an old enter prise utterly broken up. The capitalist would bring his money here if he were al lowed to charge for its use what it is worth without incurring forfeiture. It is probably wise, however, for any people to make decided changes in their monetary system gradually. I suggest for your consideration the expe diency oi so modifying the law on this sub ject as to make seven per cent, the legal rate where interest is chargeable according to law, and no rate fixed by contract; and to provide further, that any rate of interest not exceeding ten per cent may be established by and collected under a contract for the pay ment of money. This advance will probably be sufficient to test practically the merit of the proposed change, and it will be easy from this point to recede or advance lurther, as experience may dictate. INCREASE OF PAUPERISM. Owing to the sudden emancipation of per sons of color, and their consequent depriva tion of unfailing provision, hitherto enjoyed, for their wants, whether in infancy, in old age or in sickness, there will probably be for a time at iea9t a great increase of pauperism. Against its growth from idleness or vice, stringent legal penalties should be directed, and for such cases probably sufficient guards are provided in the new code. But for un avoidable poverty and destitution, involving no degree of criminality, provision qpist be made. Your constituents, by the very act of new which, with the consent and approbation of j emancipation which originates this l he General Assembly, the trustees sold on : burthen, have been in a great degree im- a credit, taking bonds aud mortgages for the . poverished, and it is hard that the two evils purchase money. Subsequent)’,’ the State) should simultaneously, in. the hour of ex- assumed the collection ot these securities, ! haustion, press upon them. Only a resolute and assumed to account to the University lor ‘ aQ j generous people could bear with equaui- the funds as collected. Iu liquidation ot the mity the great loss and its superadded au- resulting transactions the State transferred to i ul j a [ product of loss. But precisely because the University one thousand shares of the 1 they are both resolute and generous the}’ Bank of the State of Georgia, owned by her. j have with equanimity realized the fact and the par value being one hundred thousand j t8 consequences, and intend to do their dollars. Ttie trustees were expressly forbid- j ^hole duty, social and moral, as well as den to sell or in any way dispose oi this political. But it is neither necessary nor stock, l'ut were by act ot the General Assem- right that the whole burthern should be thrown upon them. Pauperism is destitution of accumulated means .of subsistence, combined with ina bility from physical or mental causes, to pro duce them; but it only becomes a matter of 1S.375 00 RS.800 00 16,000 00 25,000 00 C-1,500 00 6,000 Oil 23,355 00 'SIX,/ 0 “ r “ d —an* Respectfully submitted, Charles J. Jenkins. Appendix. (No. 1.) ESTIMATE OF EXPENDITURES FOB YEAR 1S66. Arrears ofciviVlIst, 1865 « coonn na Due ihe Penitentiary.. 9 ,2’xS?. “ Dae iR« “ aUC A8ylum ’ on appropriation '' ’ Civil LstaWtsiiuieiit l S6o Contingent PunU, 1866. Priming Fund, 1S66 . . " 3 “PP° rI T of Paupers, salaries oi officers Lunatic Asylum Support or Academy tor the Blind Educational Fond (common schools) Au dm ^ 1 u c o m e guaranteed to t lie Uni- Balance, estimated expense of the Lesis- S '° 0 ° °° latnre— ° 710011 no Interest on the public debt "".W 154I UU Estimated interest, to accrue on now Miscellaneous appropriations............i 100,000 00 $606,830 00 (NO. 2.) ESTIMATE OF EXPENDITURES; FOR 1867 AND AFTER WARDS. Civil Establishment s ss.eoo 00 Contingent Fund..-. 10 ogo 00 Printing Fuad , ..W ” 25'ow 00 All expenses of Lunatic Asylum 64 5JO00 Approt’n to Academy for the Blind 6,000 00 Educational Fund, (common schools) 23,356 oe Annual income guaranteed University,... 8.000 00 Estimated expeases of General Assembly. 100 000 00 Estimated interest on Public Debt; 360 OtO 00 Miscellaneous appropriations 100,000 00 „ $79l,«5 00 (No. 3.) ESTIMATE OF INCOME IN 1667 AND AFTERWARDS. ^ R 1 P roceeds lroui Western A Atlantic To be raised by adValorem tax oVHoi f ^ °° P erceut 450,000 00 „ $1,060,000 00 (No. 4.) Table showing results of different rates of taxation ad valorem, on the assessed value of propertv (other thaaalaTes) in i860 : v v 3 One half of one per ct. on 5369,627,722. ..$1,848,139 60 One fourth of one per ct. on £69,627,722 . 934 uC9 SO One eighth or one per ct. on 369.627,722 46° 1)19 80 One tenth of one per ct. on 369,627,722! ’ 369 6 >7 00 One twelfth of one pr ct. on 369,617,722 . 308 023 00 C.V. HUTCHINS, CRAIN AND COMMISSION i\I KRCHANT, 155 Day Street, Savannah. FT AY. CORN, OAT.R, MEAL, SEED, GRAIN, J1R.YN. ~ OILCAKE, Ac., Ac., in quantities to suit, at lowest market rates. jl5-lm insurance:. COLUMBIA FIRE INSURANCE COMPA NY, OF NEW YORK. Cash Capital $500,000 TIMOTHYG. CHURCHILL, Prest. John D. Arthur, Secretary. Frederic B. Elliott, Supt. of Agencies. A. WILBUR, General Agem South. FULTON FIRE INSURANCE COMPANY OF NEW YORK. Cash Capital $200,000 WM. A. COBB, President. Jas. M. • Rankin. Secretary. A. WILBUR, • General Agent South. EXCELSIOR FIRE INSURANCE COM PANY, OF NEW YGRK. Capital and Surplus $260,000 MARCUS F. DODGE, President. Saml. M. Craft, Secretary. A. WILBUR, Geueral Agent South. public concern when no private relief is afforded. As a simple fact, it has always existed amoDg that class, but lias never be fore challenged attention as a social evil.— Why this difference? Because, under the exploded system, each pauper African had a master who cared for his wants—cared lor bly guaranteed perpetually eight per cent, income from the stock; any overplus that might accrue train auuual dividends, inuring to the benefit of the Institution, and any de ficit <it the eight thousand dollars the State being pledged to make good. And this has often been done, no special appropriation be ing made in each instance, but the deficit be ing always paid at the treasury by provision of the act anthorizu.g the transfer of the stock and guaranteeing the annual income from it of eight thousand dollars. This guaranty was doubtless induced by two con- , them well—cared for them cheerfully. How side-rations; first, that (as the history of the , wag he enabled to do this, year after year? transaction spread upon the statute hook 1 p roni the tact that associated with these pau- shows) the trausferot the stock was intended j p erg( a3 •well by tie9 of consanguinity as in as a satisfaction aud settlement of money col-j jitters of bondage, were others capable of lected by the State on the University bonds j remunerative labor. The support of the and mortgages. Secondly, because m mak- pauper was nominally a charge upon the iug the transfer ot bank stock the State as- : piaster, but he defrayed it from the earnings sumed to inhibit tbe sale ot it, which would i 0 j laborer, standing iu the same relation have been unjust without assurance of a cer- j t 0 j,im. Now his pre-existing relation both t-iiu annual income beyond all contingency. t0 p aU p fir an ij labor is annulled. The pan- Deficits ot the amount of dividend and eu- : p er no m ore a charge on him than on the tire tailures oi dividend have always m good j res j 0 f ^0 body politic. The fruits of the taitli been responded to by the State. One laborer’s toil are transferred from him to the ot the results of the late war has been the i laborer himselt. But the relations of class utter failure of the Bank of the State ot Geor- j an d of kindred between the pauper and the gm, .and the consequent extinction of all pos- | laborer are undisturbed. The questiou to be sibility of farther dividends.. But the ohiiga- considered, in view of the whole object are, „ n 1 « ftv . thousand dollars showing a vearlv tioQ tbe , State remains unimpaired. There .^ oe8 tbe transfer of the fruits ot the labo- aud fitly thousand dollars snowing a yearly , indeed, annuities (tor so they may be : rers - to n discharge them whollv from the ba ance in the tr.-asury ot two huudred and filled)in our arrea- since the bank ceased to v. n 11 aiscnarge inem wuom irom tne ttriv timnianrl rh.ilsrs This annual smrnhis i , , j ! e U1L , K 068881110 burthen of supporting the pauper—the mas- hriy thousand dollars, ibis annual surplus j deciare dividends. I am uot aware of any ter having lost tnose fruits upon which the purpose on. the part of the trustees to urge pauper’s support was a cnarge, does it still at this time ot liuauetal embarrassment any adhere to him?" It appears to me that, claim ior these arrears, aud I trust that they whether regarded as questions in political will forbear it for the present. But to the economy, or ot abstract equity the auswer resumption of the payment ot the &nnuny : mnst. he uegutive. they are clearly entiljed, and without it can- j There is, however, another aspect of the not keep the University in successful opera- ca8e which mu9t not he overlooked. The tion. Ihe late Convention, having the his- abolition of the relation of master and slave, tory I have here briefly detailed fully pre- , which was a private relation, makes the ex- 1 seated to them, and in view of the impor- | isting pauperism a matter of public concern, tance ot the-wbole subject, placed upon the $o the relief of which emancipated laborers General Assembly a constitutional obligation a s a class, though not exclusively bound are to “proYide for the early resumption of its | liable to contribute. I respectfully advise exercises (which had been unavoidably sus- ; ^at a moderate capitation tax, such as uo pended) by a permanent endowment oi the : individual would feel oppressively, be laid University.” Relying upon the annuity U p on each adult person of color capable ot of eight thousand dollars the trustees ; earning wages and devoted exclusively to have re-opened the Institution, aud I have, ; (be support of pgupers of the. same class. I a3 you will perceive, la the estimates aecotn- suggest, also, that the tax collected for this pauying the communication included this . purpose in each county be paid to and dis- iteni. At as early a day 03 returning pros- peused by the Justices of the Inferior Court perity will permit it will doubtless be the , 0 j that county under such rules aud regula pleasure of the General Assembly to make tions as you may choo3e to prescribe, the permanent endowment eDjotned by the Convention. Iu like manner I have included in the esti mates the sums usually accruing from divi- PUTNAM FIRE INSURANCE COMPANY OF HARTFORD, CONN. Cash Capital ! $500,000 SAML. WOODRUFF, President. Daniel Buck, Secretary. A. WILBUR, General Agent South. SPRINGFIELD FIRE AND MARINE IN- SURANCE COMPANY, SPftiNG- FIELD, MASS. Cash Capital $300,000 EDMUND FREEDLVN, President. Wm. Connar, Jr., Secretaiy. A. WILBUR, Genera) Agent South. might be treated as a sinking fund for the public debt, as follow a. Il the debt be raised to six millions of dollars (and it may fall considerably short of that amount) the bonds to be berealter issued, in redemption of those matured within the last four years and un paid, in lunding the arrears of interest on the funded debt, and to meet the present neces sities of the State, will amount to three mil lions four huudred and fifty-six thousand two hundred and fifty dollars. Two per cent, upon this sum, set apart as a sinking fund (accumulative) would amount to sixty-nine thousand one hundred and twenty-five dol lars, which, deducted lrom the anuual sur plus of two hundred and fifty thousand wonld leave one hundred and eighty thousand eight hundred and seventy-five dollars. This sum set apart and applied faithfully to the pay ment of the bonds now extant would (as a litke calculation will show) pay their fall Amount, as they mature, until 1872, when it would extinguish nearly half, leaving about three hundred and seventy thousaud dollars to be otherwise provided for six years hence. That done, the annual surplus would iu each year extinguish the maturing debt now ex isting and close that account in 1881. Mean time the. sinking fund provided, as proposed far the newly created debt, it faithfully set apart and judiciously invested would silent ly but surely work out its redemption. One great advantage of the sinking fund is that ft secures confidence and opens the way for favorable negotiation of the securities for which it may be provided. But another in calculable advantage to the debtor State is. that it distributes the burthen of payment equally over all the years the debt has to run, wuicb, for that reason, can never come with a stunning shock qpou the treasury and ne cessitate a repetition of the borrowing opera tion. These are matte rtf "of calculation, the data for which are fonnd in the Comptroller General’s report, except the estimated re ceipts from the Western and Atlantic rail road, in-which I have full confidence. If it be thought sufficient_margin has not been left for miscellaneous appropriations the le- ply is, that the annual income will be swel led by items of taxation not taken into the account, and by dividends on railroad stock owned by tfre State, also left out because not immediately available; whilst, by the gradual extinction of the public debt now existing there will be a corresponding reduction in CLAIM OF COTTON. In answer to a communication frotn Prov- Gov. Johnson, relative to certain cottou dends on bank stocks set apart for the pur- claimed by the State ol Georgia, and captur- poses of school education. This, like the ' ®d in Savannah by the Federal army, Mr. other, and like the noble charities in behalf j Secretary McCulloch, of tbe Treasury De- ot the insane and the blind, is too important \ partmcnt, infonm him by a letter, a copy of aud too sacred a charge to be permitted to j which accompanies his message, that the languish and die for want of aliment, even in j State must prosecute her claim in the Court times such as these. I trust the time is not j of Claims, U. S. It will he my pleasure to far distant when much more can and will be l take such action in the case as you may done by the State for the education of the direct. masses and for tbe relief and comfort of those bereft of tbe natural senses, or stiil worse, of reason. Perhaps all we can do now is to keep these institutions alive, that they may hereafter receive proper nurture and fulfil their mission. IMPROVEMENTS TO PUBLIC BUILDINGS, &C. I transmit herewith a copy of the report of Col- Frobel, engineer, upon repairs, and im provements of the public buildings and grounds, to which I invite your careiul con sideration. Whilst even ln public buildings ■mi grounds there may be exhibited cub £ LAWS regulating interest, _ _ I respectfully invite the attention of the j palileextravagance in useless ornamentation, General Assembly to the whole subject of j there is a certain degree of care in preserv- leeal interest on money. There is no greater ; ing, and of taste in beautifying them the neg- vice in Government than governing too leet of which is Wholly inexcusable. Tbe suggestions ot Col. Frobel aud of your coin ntfUees charged with this 'subject will aid you more tjian anything I can say. Whatever of error may be fpund in the re commendations herein submitted, Xtrust will m corrected by your superior wisdom, aided by ugat^trom the unerring Source of All much. Undue interference with an ual’s use of his property, or with transactions between'individuals, wherein each seeks, without conviooiM practices, to advance his own interest, always aflects injuriously the general we ltare - Hence, good- governments do not seek to fix the prices of articles, either of necessity or luxury; nordo they at- fruth. That is our surest reliance, and the WASHINGTON FIRE INSURANCE COM PANY, OF BALTIMORE, MD. Capital $500,000 THOS. Y. CAWBY) President. F. J. McGINNIS, Secretary. A.'WILBUR, _ General Agent South. NE W YORK FIRE AND MARINE Insurance Agency. SECURITY INSURACE COMPANY. Capital and Surplus $1,600,000 PHG2NIX INSURANCE CO. Capital and Surplus $1,500,000 INTERNATIONAL INSURANCE CO. Capital andSuiplus $1,200,000 MANHATTAN INSURANCE CO- Capital and Surplus $900,000 Risks taken in the above highly responsible Com panies on buiWings and merchandise of all descrip tions, at the lowest rates corresponding with the risks. Apply to A. A. LANS, Agent, n9-3m No. 12 Stoddard’s Range, Bay street. Iloliablo Southern Insurance. National Marine and Fire INSURANCE COMPANY, OF NEW ORLEANS CAPITAL, $580,000 The nndersigned begs leave to inform the Insuring public that he has been legally appointed Agent for the above named Company, and is ready to take Ma rine, River and fire at customary rates. O. C. MYERS, Agent, Office over filter & Gammell, 84 Bay street. References—Octavas Cohen, Hunter <fc Gammell, Erwin k Hardee. 6m oetss DUPONT’S POWDER, I N whole, half, quarter kegs aud canisters. For sate by J19-S OCTAVU9 COHEN. Agent.