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code. The 3th section of the 4th division of the Code is in thesejwords: “Voluntary manslaughter shall he punished by confinement and hard labor in the Penitentiary for a term not less than two years nor longer than four years.” There aie doubtless many cases of voluntary manslaughter committed by persons of extreme youth, or attend ed by other extenuating circumstances, for the pun ishment of which, two years imprisonment is suffi cient. It may often happen, however, from the ingenuitv of counsel, the creation of s} mpatliy on account of the long standing of a case, and from other causes, that persons guilty ol deliberate mur der, are convicted only of voluntary manslaughter. The Judge who presides in the case may be fully satisfied that such is the fact, but lie has no power to impose a heavier penalty than that of tour years imprisonment. The community feel that the pun ishment is inadequate, but there is no remedy, as the Court has gone to the extent of the law. If we would suppress crime and bloodshed in our State, we must execute the criminal laws, aud discard that sickly sentimentality, which always sympathises with the criminal, but has no tear to shed over the unfortunate victim of his revenge. I recommend t hat the section of the penal code above referred to, be so amended as to enlarge the discretion given to the presiding Judge, in cases of Voluntary Man slaughter, committed after the passage of the act, so that the punishment shall not be less than two, nor longer than twenty years, imprisonment and labor in the Penitentiary. I also recommend such alteration in the law as will, compel persons accused of criminal oficnees to trial at the earliest period, when a fair and impartial investigation can be bad. As the law now stands, and is constructed by our Courts, the worst cases are often worn out by continuances, from term to term, till some of the witnesses die, or remove from the State, and oth ers are almost impoverished by long attendance upon the court. After years of delay should it happen, as it frequently does, that the witnesses are out of the way, and the community have become careless about the case the accused is then ready for trial. Iu this way many of the most bloodthirsty and abandoned criminals in the State, are permit ted to escape, often with very light, and sonic times with no punislii ie*nt at all. If the defendant and his counsel will exercise ordinary diligence in the preparation of the case, I am satisfied, from years of experience at the bar and upon the bench, that no reason exists why a trial should be delayed in any ease, longer than the second term after the finding of the bill of indictment, unless it he forvery special Providential cause. The Constitution of Georgia provides that all criminal cases “shall be tried in the county where the crime was committed.” Since the State has been cut into small counties it may often happen in the most atrocious cases of murder, that a pub lic investigation may be had, before the committing magistrate, or on a first trial before the Superior Court, which from some cause may not be final, in which, on account of the excitement in the commu nity the evidence may he detailed in the hearing of nearly all the citizens of the county, subject to do jury duty, and at a subsequent term of the court, it may therefore be impossible, to get a jury in the county, competent to try the case, and the criminal on that account may escape c ictioi: and punishment. In view of the happening of such a contingency, I would roost respectfully suggest an alteration of the constitution, so as to authorize the presiding Judge, in such cases, when in his opinion the ends of justice require it, to change the venue and order that tiie case be trims ferred to, and tried in any adjoining county which he may designate; the county where the crime was committed to bear tlie expense of tlie trial, should it fall upon the county. TAX LAWS. I beg leave to invite your attention to tlie sug gestions contained in the able reportmf the 'Comp troller General, pointing out certain defects in our present tax laws, and proposing important amend ments ; also to valuable and interesting statistical information appended to the Report. By examin ation of this report it wiil be seen that the present tax on bank agencies, of other States, located in this State, is less than the tax on bank capital in in this State. This is a discrimination against our own banks, which is unjust and requires further legislation. If any discrimination between those agencies and our own banks is made it should be in favor of the latter. It will also be seen that several of the Railroad Companies of this State, whose roads are in successful operation, pay no tax whatever, under the present law. Some which pay tax, and others which do not, are exempt by their charters from ever paying a tax of more than one half of one per cent upon their net incomes. I refused my sanction to two bills chartering Rail road Companies at your last session, because tiie proposed charters contained this provision. I do not believe the State should ever yield her right to tax, to any extent her necessities may require, any and atl property within her jurisdictional limits. Should it ever become necessary on account of in vasion or other public calamity, greatly to increase the revenue of the State, I can see no good reason why millions of property belonging to wealthy cor porations within her borders, should, by impru dent and partial legislation, be exempt from bear ing a just proportion of tlie public burdens, by be ing subjected to a nominal tax only. And it there ever w as any reason for granting such exemptions iutlie past, that reason no longer exists, since tiie building of railroads iu our State has ceased to be an experiment. Therefore, I think such exemp tions from taxation should not lie extended or en couraged by future legislation. But as the public exigencies do not require high taxation at present, and as several of the most wealthy Railroad com panies in the State have in their charters the pro vision before mentioned, I recommend that the tax, for the present on ail the companies in the State be -with joy, aud sing for gladness. made uniform, and that each be required to pay a tax of one half of one per cent on its net incomes; to be paid into the treasury each year without cost to the State. I also recommend that a heavy tax be imposed upon each and every person who as commissioner, agent, trustee or in any other capacity, shall be en gaged in drawing any lottery, or pretended lottery, or in selling lottery tickets, within this State. It is time the moral sense of our people were aroused for the suppression (if this deceptive, fraudulent and demoralizing practice : which encourages among the people a spirit of hazard and gambling, depriving them of large sums of money every year, which too often brings distress upon helpless wo men aud children; while it pampers idle drones in society, who neither labor nor produce any thing, but who grow rich by the credulity and misfortunes of others, TIfE MILITARY" SYSTEM, The attention of the Legislature - has again and again been called to our defective military system, and to the great neglect to perform military duty in tlie Slate. I doubt whether any recommenda tion which I could add would be of any service. At your last session, the usual appropriation for military purposes was withheld ; and after this de cision by the Legislature. I did not feel it my duty to order a rigid enforcement of the military laws. The time may come, however, when we will have cause to deplore our present inactivity and lack of discipline and military spirit. THE BOUNDARY LINE BETWEEN GEOR GIA AND FLORIDA. The resolutions passed at your last session, in reference to the boundary question, between the State of Georgia and the State of Florida, were communicated by me to the Governor of that State, soon after your adjournment. I received from his. Excellency assurances of his desire for an early and amicable adjustment of tiie difficulty, with a promise to lay the resolutions before the Le gislature of that State at its next session. INDEX TO THE RECORDS OF PLATS. The index to the records of jdats of lands granted under the law of head rights, had been kept up in the Surveyor General’s office, from J837 to 1329, in a very large volume; which is now in a very muti lated condition. There is no Index of plats issued since 1320. This is not the fault of the present la borious and faithful officer, who has charge ot that department, as his predecessors for nearly thirty years had failed to keep up the Index. Believing it a matter of importance that the large number of books, containing these very -important records, be indexed to the present time, I employed Maj. H. J. G. Williams, an excellent clerk, of great exactness in comparing the records, and of laborious research, to copy the mutilated Index Book; supplying it wherever lost from the original records; and to ex tend it from 1829 to the present time. When com pleted the whole will make two common size vol umes. I presume there can be no difference of opinion as to the propriety oi preserving the: public records iu good condition. I recommend toe pas sage of an act, authorizing the Governor to draw his warrant upon the Treasury, for a sum sufficient to pay for the work when completed; and that three suitable persons lie appointed to examine the work, and report its value to the Executive. THE AGRICULTURAL INTERESTS. While the State has m_de large appropriations, from time to time for clearing out rivers, con structing railroads, and for tlie encouragement of commerce, and other pursuits, it is much to be re gretted that so little has been done to encourage her gr at agricultural interests—upon which al most every other class is dependent for assistance and support. No other occupation is more useful than agriculture. No class more honorable than our farmers, who, as a class, are honest and pa triotic. They bear without a murmur their full share of the* burdens of the Government. Why then should they be longer denied their share in its benefits 1 I shall cordially co-operate with the General Assembly in any and all legislation, which will promote this great and viral interest. In this connection we should not forget; the necessity which exists for the development of our mineral resources. I trust the Legislature will authorize the appointment of a suitable GeoiogisUand Chem ist, to make ageelogieal survey of the State, and a chemical analysis of the soil, in different sections, so as to develop the mineral wealth of the State, and To determine the productions to which each kind of soil is best suited. Many of tlie most intelligent and useful citizens of our State, devoted to her great agricultural and mechanical pursuits, are taking much interest in our agricultural fairs. The object <>f these exhibi tions, is to bring together as much as possible of the intelligence of our State in council, lor the pur pose of devising the best means for the advance ment of agriculture, mechanics, Ac. By awarding premiums, a generous rivalry is encouraged, which often causes valuable improvements, and leads to very useful discoveries. I be ladies contribute much to the interest of these occasions, by their presence, and the exhibition of magnificent speci mens of their handiwork. The fine arts are en couraged here. At these exhibitions planters and mechanics from different sections of the State, are brought together, and valuable improvements made in one section become known to all. Tlie fair grounds at Atlanta, where the meetings for the whole State are held, are in bad condition. I am informed that several of the States have made lib eral appropriations to encourage these exhibitions. I think it good policy. I therefore recommend an appropriation sufficient to put the State fair grounds in good order, and to erect the necessary buildings; and that a small annual appropriation be made to keep up the exhibitions, in case the in comes of the society should be insufficient. I think the farmers and mechanics have a right to demand at least, these small sums. REPORT OF SENATE COMMITTEE ON W. A A. R. R. The committee appointed bj- the Senate at your last Session, to investigate the affairs oi the \Y e.s- tern A. Atlantic Railroad, have made their report to me,as directed bv the resolution of the Senate, with the request that I have it published in pampii- letform. In compliance with their request I have had 5.000 copies printed for distribution. Any number of tlie printed copies which may be desir ed by the General Assembly, or by the members for distribution among their constituents, will be furnished on application at the Executive office. I cordially concur with the committee, in their recommendation, to place the defaulting agents upon the road on the same footing with tax collec tors, so far as to authorize the Comptroller General to issue executions against each and every default er, and his securities, who does not, within a rea sonable time after demand, pay into the Treasury of the Road the sum due by him, with authority to collect 20 per cent on the principal, from the time of the demand and refusal till paid. Legislation making the books of the Road legal evidence on the trial of cases in Court against defaulting agents, has long been needed. The Committee were in session 50 days. Their task was a very laborious and responsible one.— They have received no compensation for their ser vices. I advanced from the contingent fund an amount only sufficient to pay their actual expen ses. It is proper that an appropriation be made, sufficient to compensate them liberally for the ser vices rendered. THE FINANCIAL CONDITION OF TIIE STATE. For a statement of the condition of the Treasury, I refer you to the report of Col. John B. Trippe, the vigilant and trustworthy officer who presides over that department. As Georgians we have much reason to be proud of the financial condition of our State, and of her high character .abroad.— Probably the bonds of no other State in the Union are more current, or command a higher price in the market. Her people entertain a sense of honor that will never permit a stain to rest upon her proud escutcheon ; and they will sec to it that her high character is maintained. In consideration of her ability to pay, it may justly be said, that her public debt is little more than nominal. Without leference to any other of her great resources, the Western A Atlantic Railroad will, in my opinion, command from eight to ten millions of dollars in tlie market, by tlie time the last instalment of the public debt is due. The whole debt does not amount to half that sum, and may, in a few years, be extinguished from the incomes of the Road alone. The State w itli from oue to two millions of in habitants, a large territory, a salubrious climate, immense mineral wealth, vast agricultural resour ces, and an extensive system of internal improve ments, may then be out of debt, and in possession of ten millions of dollars worth of State property. And by the exercise of a little prudence and fore cast in her legislation, she may also have a com mon school fund as large, and a standard of educa tion as high as any State in the Union. This is no fancy sketch. It is a conclusion drawn from facts. But I must turn from these proud anticipations of the future greatness of our Slate, with the expression of the ardent hope, that they may be much more than realized. In closing this communication, I desire to join with the General Assembly in returning sincere thanks to Almighty God, for the abundant mer cies, and rich blessing, which have been poured out, upon our beloved State since we separated. There has been no lack of provisions in tlie land. The laborer of every class, has been able to sup ply his necessities by the fruits of his labor. The barns of the husbandmen teem with plenty for both man and beast; and with the exception of the visitation of yellow fever, upon the kind and hospitable inhabitants of our beautiful seaport city, Savannah, which I am happy to say has been less destructive than at former periods, though it has deprived her of some very valuable lives, (to the bereaved 1 tender my sincere condolence,) yet it may be said as truly as in any former year, that the devourer has becu rebuked, and the pestilence which walketh iu darkness has been stayed ; while the Holy Spirit has been poured out, in many parts of our State, iu more copious showers than in former years, causing the Christian’s heart to leap I earnestly invoke a continuation of these rich blessings upon the people of our beloved State; and trust they may never be unmindful ot their con stant dependence upon llim, at whose bidding, States and Empires are created and dostroved. JOSEPH E. BROWN. What about the Tariff ?—lion. J. Glancey -Jones, in liis late canvass in Pcn- sylvania, had pledged himself very strong ly to support higher Protective duties—es pecially on'Iron and Coal—in the contem plated re adjustment of the Tariff. lie was Chairman of tlie Committee of Ways anil Means, and Iris position was one that would have given importance to his course. Hut he has, since his defeat, been appoint ed Minister to Austria, and must reign his seat in the present Congress. According to customary usage, Mr. Phelps of Mobile, who stands next in order on the Commit tee, will become its Chairman, and Mr. Phelps is said to he a Free Trade Demo crat. Will the House disregard usage and courtesy by selecting some one else as Chairman ? and whom will Speaker Qrr, or the House, appoint as the new’member of the Committee—a Free Trader or a Protectionist 1 There are interesting que ries, and we may perhaps have consider able feeling and speculation on this stib- cct.— Col. Enq. Glad to Stand Corrected.—The Pen sacola Gazette corrects our late statement that the American candidate, was a party nominee, in the Judicial Circuit of Missis sippi in which Judge Hancock, an inde pendent candidate, was successful. It says : The editor of tlie Enquirer has been misled in reference to the Americans’ nom inating “A party candidate forjudge,” in the circuit mentioned. The Americans in that district made no nomination and had no unity candidate. There were three candidates running—the regular democrat ic nominee, and two independent candi dates,—a Democrat and an American, par ty of Mississippi have never made a party nomination for a ministerial or Judicial of fice—the assertion of Senator Albert Gal latin Brown to the contrary notwithstand ing. Good ! we hope they never will, and that they will always vote for independent candidates against party nominees. Col. Enq. V> here the Coin Goes.—Tlie Charles ton Courier of the 2d iust., says, “We have recently been noticing large importations of coin by the banks of our city. It seems, however, that it does not remain long in their vaults. We learn that the Bank of Charleston paid yesterday to two of the Augusta Banks $250,000, viz : $200,000 to the Mechanics’ Bank, and $50,000, to the City Bank. This is done all in the course of trade, to aid in carrying forward the cot ton crop. Cotton from Augusta finds its way to this city, and is drawn against by short bills, say ten to^wenty days. It is shipped from this port to Europe and vari ous Northern points. The Banks here buy tlie Exchange, and are obliged to furn ish coin for the Augusta Banks, and hence the recent heavy importations.” G-eorgia, Legislature. THE LEGISLATURE Met yesterday at 10 o'clock a. m.— The Senate was called to order by the President, Hon. John E. Ward. He said as the position lie held was a new and novel one, he would call Mr. Reynolds, of Newton, to the Chair, and let the Senate take such action as it thought best. Mr. Cone, of Bulloch, introduced a resolution re-affirming the old organization, which elicited some debate. Several resolutions were introduced as amendments to - Mr. Cone's. Mr. Ward seeing that there was doubt upon the minds of some of the mem hers as regards the legality of meeting under the old organization, hat ded in his resignation as President of that body. Mr. Bartlett, of Jasper, then moved that the new members lately elected be quali fied. so that they might have the privilege of voting, which was agreed to. The fol lowing gentlemen then presented them selves to be sworn in, Judge Lumpkin of tlie Supreme Court, administering the oath: Hou. Seaborn Hixon, of Schley. Hon. Littlebury Holcomb, of Cherokee. Hon. Cornelius M. Bozeman, of Pulaski. Hon. Jeremiah Wilchor, of Glascock. Hon. John Q. Adams, of Rabun. Hon. Andrew Cumbie, of Mitchell. Hon. E. D. Williams, of White. Hon. Norman McDuffie, of Wilcox. Hon. Harrison W. Riley, of Lumpkin, lion. Lawson Fields, ol Milton. Hon. George Young, of Irwin. Hon. John B. Graham, of Dawson. Hon. John Donaldson, of Pierce. Mr. Ward's resignation having been re ceived, tlie Senate went into an election for President, The votes being counted out Mr. Ward was declared elected. L T pon taking the chair, he thanked tlse Senate for their continued confidence in him, and the flattering vote given ; and said lie would endeavor to discharge the laborious and arduous duties of his office without partiality. Mr. Terlmue. Secretary of the Senate, Mr. Brewster, Messenger, and Mr. Aired, Doorkeeper, also resigned their respective offices and were unanimously re elected by ballot. The Senate being fully organized, a committee from tbe Senate united with a committee from the House of Representa tives, informed tbe Governor that both branches were now ready for any commu nication from him; which duty having been performed, the Governor, through Mr. McComb, one of his Secretaries, sent in bis annual message, which was read, and which we lay before our readers. After the reading of tlie Governor’s Mes sage, Mr. Jarred, of Habersham, intro duced resolutions informing the Senate of the. death of Gen. Coffee, late Senator from Rabun. Remarks were made by Mr. Jar red, of Habersham, Mr. Thomas, of Gwin nett, and Mr. Billups, of Morgan, eulogis tic of the virtues and character of the de ceased. The following is the preamble and reso lutions : Whereas, the lion. Edward Coffee, at the time of his death in 1S5S, was a mem her of the Senate—as a just tribute to Iris distinguished usefulness as a statesman and citizen, be it Resolved, That in the death of Edward Coffee, Rabun county lias lost a faithful Representative, his co-laborcrs a sincere friend, and tbe world an honest man. Resolved, That the usual badge of mourn ing will be worn by us during tbe balance of tbe session of tbe General Assembly, aud that a copy of these Resolutions be forwarded to the family of the deceased. The Senate then adjourned until 10 o’clock, Thursday morning. Also, a bill relative to new trials, allow ing the Judges of the Superior Courts dis cretion whether they will grant new trials. Mr. Shepherd : A bill altering tlie Con stitution, contemplating the abolishment of the Supreme Court, and vesting more pow er in the Judges of the Superior Courts, Inferior Courts and County Courts. Mr. Shropshire: A bill forming a new county from Walker, Chattooga, &ce. Mr. Slaughter of Dougherty : A bill to define the liabilities of drawees of drafts, checks, &c. Mr. Smith : To legalize the time of holding Glascock Superior Court, and appointing tiie time of holding said Court. Mr. Stubbs : A bill to alter the Consti tution so as to permit, the Legislature by law to locate the Supreme Court at one place. Also, a bill for the better government of the Western & Atlantic .Railroad, and to place the fiscal agents on the same footing as to liability as Tax Collectors. Also, a bill to increase tbe salary of the Superintendent of the Western & Atlantic Railroad to $5000 a year. Also, a bill to amend the act of IS57 to Incorporate the Macon Insurance and Trust Company. Also, a bill for the relief of Mary F. Minor, to allow her to marry again. Also, a bill to educate one boy of limit ed pecuniary means, at the public expense from each county. Also, a resolution requesting tlie Com mittee on Enrollment to report to the Sen ate whether the original bills •as passed the Senate are transmitted to the House of Representatives or the copies thereof, and whether the public service would not be promoted by abolishing such practice of it exists. Also, a bill altering the Constitution so as to authorise the Legislature upon the application of any county to reduce the number of Judges of tbe Inferior Court, and to consolidate the office of Judge of tlie Inferior Court aud Ordinary and fur other purposes. Mr. Johnson of Fayette : A bill to form a new county out of the counties of Hen ry and Fayette. Mr. West of Lowndes : A bill to form a new county out of the counties of Lowndes and Thomas. Mr. Whitaker of Fulton : A bill repeal ing the hunting and Fishing Laws. The Senate then adjourned. The Senate then adjourned to half past two o’clock, I\ M. SENATE—Thursday, Nov. 4. The Journal of Wednesday being read and affirmed, Mr. Cone of Bulloch, intro duced a resolution to the effect, that the different subjects relating to our State af fairs, in the Governor’s Message be referr ed to the respective committees of the Sen ate upon the Finance, Judiciary, Educa tion, &c., which was agreed to. After the roll was called an d the j ournal read, Mr. Whitaker stated that lie was misrepresented in the journal in regard to his position on the question of election of officers of the the Senate. He was per mitted to alter the journal, by presenting his proper position written out, to the Sec retary. Mr. Paine of Telfair, offered a resolution that an engrossing committee be added to the Standing Committees of the Senate, which was passed. Mr. Harris of Meriwether, offered a res olution requesting the Secretary of State to furnish all bills passed by the last ses sion, altering the Constitution, which was lost. Mr. Whitaker ol Fulton, arose to a point ol order. IJo said that no bill could be passed altering the Constitution at this session of tbe Legislature which was pass ed at tlie last, as it was necessary for each bill to be published six months before a general election. Mr. Harris of Meriweth er, said that the Senate had elected new officers, &c., therefore the Senate bad de cided the question. Mr. Dawson of Greene, offered a resolu tion, that the rules of the last session gov ern the present one, which was agreed to. Mr. Cooper offered a resolution that no new matter be received by the Senate af ter the 30th November, unless by’ a two- thirds vote of the Senate. Upon tlie call for tlie introduction of bills. Mr. Ward, the President, stated that Tuesdays, Wednesdays and Thursday’s would be the days for reading bills first time. BILLS INTRODUCED. Mr. Bel! of Warren, Introduced a bill for the formation of a new county from the counties of Warren, Glascock, Richmond, Columbia and Jefferson. Mr. Gordon introduced a resolution that no new county, or county’ lines be formed or changed without the consent of the member from the county where change is desired to be made. Which resolution was considered out of order. Mr. Hill of Sumter: A bill to authorize the Justices’ Courts in certain district to be held two days. Mr.Hill of Troup: A bill to authorize the Ordinary’ of Troup county to pass tip- on tlie application of the administrators of Jas. E. Potts for leave to sell the land and negroes belonging to said estate. Mr. Quillian : A bill to aid and encour age tlie Ellcjay Railroad by the State. Mr. Ward of Butts, raised the question as to the constitutionality of the Senate to entertain tlie bill, as lie thought it was a bill for an appropriation. Mr. Whitaker said he was to some extent interested iu the question, as he had a bill looking for ward to the same object. The President decided that it was not an appropriation bill, and therefore it could be entertained by the Senate. Said that a like question was raised at the session. Mr. Robinson of Talbot: A bill for the relief of Lawson Cody, to allow him to marry again. :l-2 o CLOCK, P. M. The Senate met according to adjourn ment. Mr. Mallard of Liberty, introduced a resolution appointing a committee to in- form the Governor and the Trustees of the University of Georgia, that tbe Senate was ready to resolve itself into a Senatus Ac- ademicus. The Chair appointed Messrs. Mallard , Harris of Meriwether and Slaugh ter of Dougherty. Gov. Brown in the Chair. Mr. Hull, tlie Secretary, proceeded to call the roll of the Trustees, and read the proceedings of its last meeting. The report of the Presi dent of the University being called for, President Church proceeded to read bis report setting forth the condition of tbe University, lie spoke highly’ of the mor al character of the young men of tbe Insti tution and tlie religious influence now pre vailing among them. The report dwelt at some length upon the importance of estab lishing a University of tbe first order in tbe State and South. It recommended a tree school system as a collateral support of such an Institution and suggested that school districts, about six miles square, be laid off in the State, regardless ot county lines. Dr. Church notified the Senatus Academicus that ho would retire from the position as President of the University at tiie close of next. year. A call was made upon tlie Senators to report relative to the State of education in their counties. Mr. Williams of Terrell, moved that the call he dispensed with, Mr. Dougherty, one of the Trustees, objected, when Mr. Williams withdrew bis motion. The Senate agreed to report on Friday, November 5th. Mr. Lewis of Hancock, introduced a res olution, that one from each Congressional District be appointed to frame a bill taking into consideration the Governor’s Message upon the free school system, and lay it be fore tlie Senatus Academicus. The committee appointed on Mr. Lewis' resolution were, Messrs. John E. Ward of Chatham, 1st District; P. H. Colquitt of Muscogee, 2d District; T. B. Stubbs of Bibb, 3d District; John S. Hill of Troup, 4th District; Lawson Fields of Milton, 5th District ; Samuel Knox of Franklin, 6th District; J. A. Billups of Morgan. 7th Dis trict; Mr. Gresham of Burke, Sth District. Mr. Bartlett ain'cnded tlie resolution by adding four of the-Trustees. Judge Lump kin, Dr. Church, H. V. Johnson, D. W. Lewis and William Dougherty’, were added. Judge Lumpkin was called upon for a speech upon tbe subject of education. He advocated strongly the establishment of a University, such a one as Georgia should have. A Univeisity that would turn out men ready for action and ready for prac tical life. He reflected with just patriotic pride, upon the idea of sending our sons out of our own Siatc to be educated. Said he was a Southern Rights man upon that question. Said he was for denomination al colleges, yet he wanted all to come up and help build a University. He wanted no jealousies in this question. We do not pretend to do justice to Judge L. Ilis speech was such as we expected from him — eloquent, sound, practical, aud spiced with a good share of humor—more than \ve thought the Judge had in him. Friday, Nov. 5. The Senate met according to adjourn ment, at 10 o’clock. The journal was read and agreed to, Mr. Whitaker moved that the Senator elect from Coweta county, Mr. Wilcoxon, in place of Mr. Buchanan, resigned, be sworn in. Mr. Slaughter introduced a resolution that Senators he allowed until the 20(h of this month to make out their reports in res pect to the educational condition of their counties, to be laid before the Senatus Ac ad emicus. Mr. Dawson disagreed to the resolution, and was for letting those prepared to re port, report this morning. Mr. Mallard al so favored the handing in reports tc day before the Senatus Academicus. Mr. Ward, the President, thought that the Senate, as a Senate, could not entertain the resolution until the Senate resolved it self into a Senatus Academicus, and rul ed the resolution out of order, Mr. Ward of Butts, moved that a com mittee be appointed to inform the Gover nor and Board of Trustees that the Senate was ready to receive them. The Cliair appointed Messrs. Ward of Butts, Wilcox- onand Dawson. Gov. Brown in the chair. Mr. Hull Sec retary, read the minutes of Thursday. Mr. Ward of Chatham, as Chairman of the Committee, offered a resolution that the bill offered by the Committee be pre sented to the Legislature. Mr. Lewis of Hancock, read the bill framed by the Committee appointed for the purpose, tbe substance ot which was, that a sum of money be set apart for tbe support of Free Schools, and that a part ot the proceeds of the W. & A. Railroad be set aside for that purpose, and never to be touched for any other. Also, that a young man tromeach county be educated by tbe State who is unable to pay the usual ex penses of a thorough education ; and that lie will give bond and security’ that be will teach iu Georgia for a certain number of years. Mr. Slaughter introduced tbe resolution referred to above, which was, at that time, ruled out as out of order. Mr. Dougherty’, one of the Board of Trustees, concurred with Mr. Slaughter. Mr. Thomas of Gwinnett, desired that the Senators who w’ere prepared to pre sent their reports, should be beard. Mr. Slaughter said, be, for one, was un prepared to report, and wanted all to re port, hence bis resolution. Mr. Mounger amended tbe resolutien so that tbe Senators have until tbe 20th of this month to report to the Senate. Mr. Ward of Butts, said the reports came properly before the Senatus Academicus proper. Mr. Dawson agreed with him. Mr. Ward of Chatham, said that some of tlie Senators were prepared, but a majori ty were not, to report. lie desired that those prepared to report would report, and that tlie Senatus Academicus adjourn un til the 20th of this month to receive the re ports of others who will then be prepared. Mr. Williams of Terrell, offered an amendment, which was to receive tlie re port of the Comptroller General as the best report that could be made. Mr. Whitaker favored the report ol Mr. Slaughter. Mr. Ward of Chatham, stated a quorum of the Board of Trustees would be in this city on the 26tli of this month, and he would amend Mr. Slaughter’s resolution from the 20th to the 2Gth. Judge Lumpkin offered a resolution, the substance of which was to abolish the pres ent Board of Visitors, and to request the Legislature to appoint five to attend the examinations of Franklin College. Mr. Atkinson amended the resolution by adding eight instead of five, one from each Congressional District, which was agreed to. The Senatus Academicus affirmed the appointment of Messrs. T. R. R. Cobb, T. W. Thomas and F. S. Bartow as Trustees of Franklin College. The Senatus Academicus then adjourn ed to meet on the 26th November. The Senate was then called to order by . the President, when Mr. Cone moved that the communica tion from the Governor be taken up and read. Upon the reading of the communication, the Governor said he returned certain hills with his veto that had originated in the Senate at tlie last session, incorpo rating a number of companies for cer tain purposes and granting certain privile ges, without specifying tiie liabilities of the stockholders or the expiration of the charters. Mr. Mallard introduced a resolution printing 500 copies of the report of the Senatus Academicus. The Senate then proceeded to the read ing of bills a second time. A message was received from the House Rep. asking tlie Senate to concur in the proceedings presented. BILLS LEAD TIIE SECOND TIME. A hill to allow the Justices Court in a District in Sumter and also one in Lee to sit for two days if necessary’. A hill to allow the Ordinary of Troup county to sell certain propeity. A bill to lay’ out a new county from W arren, Richmond, Columbia, Glascock, Burke and Jefferson. Mr. Beall of Warren : Moved that the hill be referred to the Committee on new comities which was agreed to. A bill to legalise the sittings of the Su perior Court in Glascock. A hill preventing the manumission of slaves. Referred to the Judiciary Commit tee. A hill to alter the laws on new trials. Referred to the Judiciary Committee. A bill to aid the construction of Ellejay railroad. A hill to organise a new county’ from Chattooga, Walker and Gordon. A bill in regard to the liabilities of drawees of drafts, checks, See. referred to the Judiciary Committee. A hill to locate the Supreme Court. A bill for the better government of the W. & A. R. R. A hill to increase the salary’ of the Su perintendent of the W. & A. II. R. A bill providing for the alternating of the Superior Court Judges. A hill altering the 1st section 3d article of the Constitution. A bill to incorporate the Macon Insur ance and Trust Company. A hill for the relief of Mary F. Minor. A hill to encourage the indigent youth of this State, and to supply a corps of Teachers for the State. Which was laid on the table for the present. A bill to organise a New county from the counties of Fayette and Henry. A hill to repeal the hunting and fishing laws of this State. The rules of the Senate were suspended to allow Mr. Biiscoe of Baldwin to intro duce a hill amending the act of 1S57 in re lation to Milledgcville, which was read the first time. Mr. Atkinson of Camden : introduced a bill p-eventing tlie introduction of slaves in this State. Read the first time. The Senate then adjourned until 10 o’clock to-morrow morning.’ tem., until the arrival of Mr. Sumner, who was detained by severe family affliction; which motion prevailed. Whereupon the Speaker appointed Mr. John P. Cox, of Gilmer, to discharge the duties until the arrival of the regular officer of the House. On motion of Sir. Luffman, a committee w r as appointed to notify the Senate that the House of Representatives had come to order. (The names of the committee were not heard by the reporter.) At this stage of the proceedings a mes sage was received from the Senate stating that the former officers had resigned, am; that the Senate had organized by the elec tion of the Hon. John E. Ward as Presi dent, and W. B. Terliune, Esq., of Floyd, as Secretary; and had also appointed a committee to wait on the Governor and in form 1dm that both branches of the General Assembly were prepared to receive any communication he might think proper to make. The Speaker appointed for this purpose Messrs Smith, of Towns, Milledge, and Colquitt, a committee on the part of the House. On motion of Mr. , a resolution w r as adopted inviting editors of newspapers and reporters to seats within the bar of the House for the purpose of reporting its proceedings'. On motion of Mr. Faulk, of Tv, iggs,*it was resolved that ISO copies of the Rules of the House be printed for the use of its members. Mr. Lewis, of Hancock, submitted a reso lution authorizing the Clerk of this House to ascertain on what terms a sufficient num ber of the daily papers published at Mil ledgeville could he obtained to furnish each member witli a copy’ during the session Mr. Lewis remarked that he wished to sustain the press in its efforts to give an accurate report of tlie proceedings of the Legislature, as lie believed it would greatly facilitate the despatch of public business and furnish information to the public which the people were interested. He moved in the matter without having con suited any’editor or person connected with the press, and was willing to let the propo sition stand or fall on its own merits. The cost to the Treasury would be trifling in comparison to the general benefits which would result. Mr., (a member who sat near the Clerk’s table, hut whose name was not caught by the Reporter,) objected to the resolution as lie was unwilling to run the State to ex pense for his gratification. He would he glad to see the daily papers at the seat of Government succeed in their enterprize of giving full reports of legislative proceed iugs, and he had reason to believe that most if not all the members would sub scribe, and pay out of their individual pock ets. Such was his intention, at least. The House refused to entertain the res olutiou. The committee appointed 10 w’ait on the Governor, reported that they had perform ed their duty,and received for answer, that his Excellency would forthwith transmit his Annual Message to both branches of tlie General Assembly; whereupon the message was laid on the Clerk’s table by Mr. Campbell, Secretary of the Gover nor, after which it was ordered that the message be read. The Clerk was occupied an hour or more in reading the message, which w r as listen ed to attentively by the members of the House. On motion of Mr. Owen, of McIntosh, it was resolved that 300 copies of the mes sage, and 200 copies of the accompanying documents be printed for the use of tlie House. Mr. Crittenden then moved that the House adjourn until 3 o’clock this after noon. Mr. moved to insert 10 o’clock to morrow morning: on which a division of the House was called for—the count being 74 yeas and 53 nays. The ayes and nays being then demanded, on the question of adjournment until 10 o’clock to-morrow, the roll was called—yeas.60, nays 75. It was then moved to adjourn until 9 o’clock to-morrow moriiing, which was car ried, on a division, 74 to 53; and at 1 o’clock the House adjourned. [Tne Repoiter begs that his omission of names in a number of instances may be ex cused, until he lias time to connect mem bers with their counties, as, under the rules of the House, the Speaker merely calls the name of the county’ represented by the member who takes the Hoor.J HOUSE OF REPRESENTATIVES. Wednesday, Nov. 3, 185S. At 10 o’clock a. m., the Hon. John W. H. Underwood, the. Speaker elected at the last session, called the House to order, and announced that tiie House would proceed to business. The roll was then called by Mr. Spear, the Clerk, when it appeared that a quorum of members was present. The Speaker notified new members that .their counties would he called, at which time it was regular they’ should present their certificates of election. This having been done, the following gentlemen ap peared and took the usual oath as members of the House. From the counties of Baker—Alfred H. Colquitt. Calhoun—George W. Colley’. Dawson—James L. Heard. | Glascock—Cr.lvin Logue. Glynn—John L. Harris. Habersham—Robert Allen. Irwin—John B. Dorminyl Milton—Robert Webb. Mitchell—Augustus S. Jones. Pierce—James Sweat. Randolph—Seaborn A. Smith. Schley—Charles Edwards. Ware—William Brantley, Warren—Aaron Jackson. White—James West, Jr. Wilcox—Mitchell J. Faulkner. Mr. Fortner, of Emanuel, moved that the Speaker appoint a Doorkeeper, pro Thursday, Nov. 4, 18-58. After the roll was called and the jour nal of yesterday’ read by’ the Clerk, the Speaker alluded to the Rules of the House adopted at the last session, as probably- raising doubt in the minds of some mem bers as to their operation at this time. For himself he believed they were, still in force, but it was a matter he felt it his duty to bring to the attention of the House for its action if necessary. BILLS INTRODUCED. By’ Mr. Harrison: For the relief of Da vid W. Irwin, of Chatham county’, from all legal disabilities in regard to the divorce obtained against him by his wife, Colum bia Irwin. By Mr. Gordon: In the form of a resolu tion, with the concurrence ot the Senate, that no new matter be introduced after first day ot December next, during the present session of the Legislature. By Mr. Mizeil: To change the time of holding the Inferior Courts of the countv of Charlton to the first Mondays in Febru ary and September in each year. By Mr. Harris, of Dougherty: To ap propriate $2,750 for the payment of a bal ance due by the State to Richard K. Hines, Esq., for 1500 copies of liis “Legal Forms.” By Mr. Pickett, of Gilmer: To establish a general system of education, and to ap propriate monies for the same: $200,000 of the earnings of the Western and Atlan tic Railroad to be set apart annually, to he distributed among the several counties on the first Monday of January in each year, for tlie education of all children between the ages of six and eighteen years; and repeal.ng all existing laws in relation to the poor school fund, &c. By Mr. Pickett: To add another section to the Constitution of Georgia, declaring that two-thirds of the earnings of the State Road shall he applied to educational pur poses, and that two-thirds of the road may be sold, and the interest devoted to the same object, See. By Mr. Hardeman: For the relief of John Green and Rebecca Green, of the county of Bibb, from the penalties of bigamy. By Mr. Wilkes: To establish a Board of Education for the county of Lincoln ; and that Lafayette Lamar and others be con stituted said board to examine teachers, and only such teachers as have passed an examination and hare been approved by the board, shall be entitled to receive any part of the poor school fund, See. By Mr. Davis, of Marion: To explain the act ot 5th December, 1818, relative to the manumission of slaves, so that all last wills aud testaments shall he declared void in respect to such manumission, but may be valid as to other propeity devised. By Mr. Owens: To reduce the bond of the Sheriff of McIntosh from $20 000 $ 10,000 with two good securities * * By Mr. Owens: To incorporate U maha Lodge, 227, of Free and Accent \ Masons, in the connty of McIntosh * ^ By Mr. Clarke, of Monroe: To corf cartain powers on James B. Battle, tru<t for Josephine II. Jackson, and to author'^ her to receipt for the property a3 „ fe !** sole. e By Mr. Howard, of Muscogee: To aid ish imprisonment for debt. 0 " By Mr. Mott: To alter and amend .1 city charter ot Columbus, so that the e » ^ tion shall he held or the second Saturd* 6 ’ in December for two Aldermen j u *} ward; and that the Mayor shall have I thorny to try all persons accused of sellin spirituous liquors without license an] ? rituous liquors to slaves, and’ keenl? 1 " houses of ill-fame, and of all petty off e ’ against the health and good order city; also to erect and regulate a pud; 6 market for the sale of certain articles nr 'i to grant license to keep private nialke- under certain regulations, &C. By Mr. Price of Rabun: To repeal morn expressly the Sth section of the tax act f 1804, giving to informers a portion ot t C! penalty incurred by tlie violators of act, which in effect has been repealed L - the act of 9th January, 1852, but not / generally recognized as to prevent heavy and useless litigation on the subject. ' ' , Milledge: To prevent, if p 0Sv j. hie, the increase of bank and railroad cl r ters, by requiring all applicants f or the same to publish a notice in two public Ga zettes specifying the names of the cornu. raters; and if for a railroad, the termini d the same, its length, the counties throng, . which it will pass, and the names of the * stockliol lers, distinguishing residents and non-residents, &c.; and if lor a bank, the like specifications, with tlie amount of its capital, place of location, ike., ail of which particulars shall be filed in tlie Executive Department one month before the nteriir,* of the Legislature, and that the Governor shall communicate to the Legislature what companies have complied with the kw,fa. By Mr. Lewis: To ensure the ‘•needy collection of money due on execution, re quiring all sheriffs and constables to pm. ceed at once, and in failure to collect by the term of the court to which the execu tion may he returnable, they shall he lia- hie for the amount, with 20 per cent dam ages, subject to rule by the court. By Mr. Roberts of Scriven: To extend the writ of certiorari to writs of possession, so as to bring all the facts before the ap pellate court in as brief and simple a form as can he, to answer the ends of justice. Mr. Bigbam of Troup, offered a resolu tion authorizing a committee of fire to taka charge of the Rules of the House and make such alterations as may be necessary, and that all bills, resolutions and report.*re maining on the calendar, unfinished, at the adjournment of the last session, he taken up in tlie order of priority and acted upon as though no adjournment had taken piece. MrriBigham looked upon the sessions of the Georgia Legislature, composed of the same members, as similar to the sessions of Congress. He referred to tlie 22J Rule of U. S. House of Representatives, declar ing that all unfiuislied business of the pre vious session shall be resumed as if there had been no adjournment. This would en sure action upon measures already in pro gress, and expedite them to a conclusion on their merits, successful or otherwise. Mr. Diamond of DeKalb. was opposed to immediate action on the subject. Ho deemed it of sufficient importance for the hands of a committee, and with this view he moved that the resolution be referred to the Committee oil the Judiciary. Mr. Pickett desired time to deliberate on the proposed change of the Rules. IU was not in favor of dragging up from a pile of rubbish the old hills of tlie last ses sion which had been thrown overboard by intentional delay or otherwise. It was unfair to the present session, which, he presumed, would have plenty of new mat ter to employ’ all its business hours. The motion to refer was carried cn a division—74 to 41. Mr. of Montgr imery, intro duced a bill authorizing Andrew .T. Y\ii- liarason, executor of John Williamson, late of Emanuel county, deceased, to sell all the property of the testator at private sale. By Mr. Fain of Union: To regulate pro ceedings in civil and criminal cases, di recting that on the trial either party may have the points of law in writing from Ins adversary signed by himself or counsel; that a brief of tlie testimony’ shall be taken in writing and entered on record: that the Judge shall deliver his opinion in writing, and if he charge the jury he shall give t" instructions except they be in writing, and the whole shall form a part of the record, the clerk receiving ten cents for every 100 words ; that on appeal or writs of error an shall he included as part of the cause, and that the hill of exceptions shall refer to tie record when taken to the Supreme Court. By’ Mr. Fain of Union: To construct a railroad from Ellijay to , ami tan: the State shall endorse the bonds of lw ’ company at the rate of $7,000 per mile tor the purchase of iron, and that the State have a mortgage on the road to be fore closed on failure of the company to pa/ the bonds, &c. . , j By Mr. Cartcr of Lowndes: For the relict of William Stanford, security on the bond for the appearance of William B. Crawford at the Superior Court of Lowndes county, who was indicted for stabbing. “ ie burning of tlie court-house exemplified 1011 could not he obtained in order to make 1 demand on the Governor of South Car° linl where the defendant had fled, so as to re lieve the security by surrendering has p rU, ‘ cipal. By Mr. Fain of Uuion: to authorize Russell Jones, guardian of tbe orphans l ! Janies Thomas, deceased, to s»dl thep r °P erty’ of his wards. * . Mr. Hughes offered a resolution that I t House entertain no bill which has if l - ebjeef the curtailment of the limits ot-any county at present existing, without consent of the members from the coun*-y proposed to be reduced, or unless a tion from the citizens be presented, w “ uJ was adopted. , . By Mr. of Gordon: Toautho» z ® the Justices of the Peace of tiie S4$tli trict, G. M., as occasion may require- On motion of Mr. Smith ot Towns, ^ several portions of the Governor 6 ' were teferred to the appropriate t®*® 1 tees. . " „ r ieJ On motion, leave of absenee was 2?'““ . ( Messrs.Edwards, Strange, Chapra* 11 , ■•‘ a ‘ Gilbert, on account of indisposition iu * -e ' selves or in their families. Mr. Price offered a resolution re( l a? ^’^ our Senators and Representatives gress to procure the establishment "I a j horse mail line from Ellijay by { , Jasper, iu Pickens county, and 6 ea Ball Ground, &c., which was adopted* The House having no business h‘'*‘ ,r , then adjourned at 12 o’clock to c;et I 3 P.M. DECEASED MEMBER?. The House met, and it was nnderstood that no business would b® sauted. Nr 1 be pee pis ha hi Lie M, t CSS i e J I'll; > Nri W