Newspaper Page Text
THE FEDERAL UNION,
( Cornerof Hancock and Wilkinson streets.)
OPPOSITE THEC’OI'RT house.
OV 1VI&DET & CO., state Printer*.
Tuesday Morning, January 16, 1866.
Tup Legislature.—Tbe Legislature of Geor
gia re assembles to-day. Monday, lffth of January.
A more important body never convened on any
former occasion in tbe history of the Slate. A
great deal of legislation must, of necessity, oc
cur. The disjointed machinery must be put to
gether, and many changes in the present laws be
made. In order to do justice to important meas
ures, time should be taken to mature them. Much
important legislation is usually left to be run over
at the heel of the session. Let the present Leg
islature, as it is tbe first under the new Constitu
tion and new order of things, set a good example
of deliberation on, and thorough investigation of,
all matters of public interest introduced for its
consideration. What is done, should be well done,
so that the people will not have to be taxed here
after to have imperfect work undone.
Monday Jan'y. 15th. 1856.
At 12 M. the members of Senate and TIouso as
sembled in their respective chambers. There was
a bare quorum in both Houses. After reading the
journal qf the last day of tbe previous session,
both houses adjourned. The Senate until 1ft,
o’clock, A. M. and the House to 12, M. Tuesday
morning.
TUESDAY.—The Senate met at in, A. M. Some
15 bills were reported, the caption of which we
will give in our next. The usual resolution in
reference to waiting on tbe Governor was adopt
ed. We go to press before the meetin
House, but we presume the Gov’s
be received, read, ordered printed, and referred to
appropriate Committees.
In the Senate, Mr. Roberts of Baldwin, was
chosen Door-keeper, in place of C’apt. G. W. An
derson, who had resigned. Iu the Senate, a res
olution to bring on election of C. S. Senators and
Judges of the Supreme Court was offered, and
amended by striking out Senators, and adopted.
The Senate tLen took a recess until 12 o’clock
lH * PENITENTIARY.
We hope tbe Legislature will reflect long au<3
seriously before they decide to abolish the Peni
tentiary system in Georgia. Mruiy persons ob
ject to it on account of tbe expense. No plan bps
yet been devised by which crime can be punished
without expense. It is much more expensive to
punish men by imprisonment iu tbe county jails
than in the Penitentiary. One of. the advantages
of the Penitentiary system is the arrangement by
which the criminal can be made to labor for his
support, at the same time that he is being punish
ed for his crime* It is preposterous to talk about
hanging men for stealing. Tbe punishment must
bear some proportion to the crime, or the feelings
of the people will revolt against it. Jurors will
not, in mauy cases, convict a man of larceny if
they know he is to lose his life if found guilty,
and the consequence will be that many thieves
will be turned loose upon the community if the
Penitentiary is abolished. It would cost but a
few thousand dollars now to repair the Peniten
tiary so that criminals can be confined there, and
after that most of tbe werk of repairing and im
proving the buildings can be performed by the
convicts. If the Penitentiary is now abolished,
the buildings and materials on band will be lost
to the State, and in a few years we believe the
people will demand its restoration, and tbe whole
will have to be rebuilt at great cost. Improve
ments are being made every year in the Peniten
tiary system, aud we have reason to hope that in
time it will be so perfected that many of the crim
inals will be reclaimed, and tbe institution be
made very nearly to sustain itself. One great ad
vantage of the system we have never heard men
tioned even by its friends. It gives time to cor
rect any mistakes made by Judges or jurors; bnt
if an innocent man has been hanged by false testi
mony or any other error, there is no chance for
redress.
CoitespondBccs cf M TOkiWmn.
ElItOPEAN K^ilGBATION.
Messrs. Edi.ors s—Let toe c.rii attention of yonr
readers, (including, as I hope, th* members of the
Legislature,) to the importance of proper and de
sirubl-. emigration frOm Europe. WtJ’e maDy bad
people are among the l:und: _ds of thousands of
emigrants annually lauded on our shores, it must
be borne in mind that quite a respectable number
-of them are men of capital, honest, moral, indus
trious and in every respect qualified to make val.
uable citizens. This better element has hereto
fore chiefly made its way to the North West; and
the flourishing towns and villages whieh have
there, as by magic, sprung up of. late years, have
been the result of their money and their strong
and willing muso.es brought across the Atlantic.
The South needs both the capital and labor of
such emigrants. Let us have them, being careful
tv sift out the elialT from the wheat, and leave
tho former behind, or to be blown to more Northern
shores. We understand arrangements are being
perfected to accomplish so desirable an end. A
company ter that purpose has been formed compo
sed of prominent citizens of this State, and a char
ter will bo -asked at the hands of the Legislature.
The company will introduce directly, in vessels of
their own, from the shores of the Old World, em
igrants of the best class, carefully selected there
by competent and faithful agents. These vessels,
on their return, will convey Southern products to
Europe, and thus lay Ike foundation of a direct
trade. The servlets of a gent' man thoroughly
acquainted with the whole.srjj . have been se
cured. Mr. Geo. I’. Ci r.DiM., f. .r-mly of Tenn
essee, who led to that iSt.ite ma v rs ago
flourishing and useful colony. He ri master of
the subject. Lot the Legislature grant a liberal
charter. OBSERVER.
MESSAGE OF GUY. JENKINS.
EXECUTIVE DEPARTMENT, )
Mille.dgevh.le, 15th Jar'y, 1866. )
Senators and Representatives:
Accept my greeting, upon the resumption of your
. after a brief recess. During that interval, tuqi-
sed, the road, so ne. -ssary
the supply of the wants of the peop!
have been operated—that it could not have been
purchased eflsewhere ou a credi f , knd therefore
cot at all—and that even in its dilapidated state,
the road, in the short space of two months, yield
ed ajnett income exceeding one-half tbe amour * of
the purchases—the wisdom of the act W}U be fully
exemplified.
But large as is this outlay, it falls far short of
what must yet be expended to repair the damages,
and put the road in a condition to meet the de
mands upon it in the transportation ot passengers
and freight, Several of the largest bridges were
destroyed and mnst he rebuilt. Three of the tem
porary structures erected to supply their places,
have been either swept away or greatly damaged
by freshets during your recess, so that no trains
can now run continuously between Atlanta and
Chattanooga. Daily communication in both di
reef ions is indeed maintained, but at much trouble
and expense, aud with greatly diminished income
The night trains are now unavoidably dispensed
with. I doubt not you wfH be admonished by
this unfortunate result, of the necessity of making
speedily such expenditure as will effectually pre
veut its recurrence.
The funds necessary to the object must be rais
ed npon the credit 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 incur
ring such debt as may be necessary for the pur
pose, in view of ibe assurance furnished by its
past operations, that the road will soon work out
its own redemption, and then resume its suspend-1 many
to commerce and to| ment will wait upon crime, without consulting »1—allowing what sums different ra ,. '
he people, could not j p >Wic opinion, regarding its propriety. We are) upon the assessed value of nronertv ir iJE? C9Q ‘
not without some data for the application of this j er than slaves.) will \ield. 3 “ (oth-
test. The number of crimes now snbj-cte^ to j Owing.te the late period of vorr
capital punishment, iaGeorgia, .D comparatively j * n A tn« circumstances surronnffir* en,ll2at5o '».
small; yet it is perfectly notorious, (using the j brief Session, no appropriation of m 3 '"" ln J°»r
mildest fixm of expression ) that in. such cases, I civ';! establishment, In the current .7 ej ! for ‘he
the character of the foreseen punishment, mm vol- j uiauei The first quarter has very L , ha ’ ***0
lously increases tha dJficnlty of satisfying jurors J a nd to meet its demands it w'iil h<3,, e *P ir <*i;
that the accused has committed thecrime charged appropriate a suffioiont sum. before neces *»7' to
So evident is that feeiitig, that your existing code, j propriatiou act can be matured, In/reT** 1 , a P*
provides as one test of the qualification ot a jaroi, quickly as ©ossibla, the amount of t 1 , ed
before he is put npon the accused, the question deducted from the estimates in the , c ? n be
“are you conscientiously opposed to capital punish
ment 1” This test, as all know, excludes from the
jury box, many good, but, as I humbly conceive,
sadly mistaken men. 1 submit whether, in the
face of such clear indications of public feeling, it
estimates i« the ge,.. ral .
Discouraging as is the present asne.V£ bllL
nancial affairs, it may safely be affirm,.] Vi ° Dr fi ’
may mako tbo embarrassment only !at - v °«
The entire indebtedness of the State .J )orHr f—
-—, eertained, including its funded debt v as-
be expedient to swell the list of capital offences, 0 n it in arrear, and tbe temnorarvIn terest op-
by the addition of minor ones. The horse thief * recently to put tbe government as nns effec M
agaiu in a
lions
Pera-
might well prefer to go before the country with j tion, falls short of three millions « . PWL-
the penalty of death impending, rather than with j thousand dollars. If to this were ad- jV 1 , " n ^ r ed
the milder one, affixed by the present code. This lions five hundred thousand dollar• i "°
view might be extended, but you will readily fol- j repairable damages, and meet nrpsor,. ° r ^P a ir all
repairable damages, and meet present ne‘. • u ' l . lr
without imposing heavy burthens V ' ess ‘ !l
n ot thougnt. _ without imposing heavy burthens n D
mnendatiou, therefore, is, that instead temporarily exhausted by protracted *
ing, you address yonrselves. with tbe j whole amount of indebtedness would h W * r ’ t ‘ le
jerience, to the work of improving the i liojin of dollars. The annual in , e six
ghf
low the train of thought
My recommendation, therefore, is, that instead
of abandoning
light of experience, to tbe worn or improving me i iions_ ot dollars. The annual in,eiest " *
system. One of its greatest recommendations, team. Ipff the annual appropria:io ils ^is
theoretically, is that it tends to thejreformation | port of Government, qpon the scale t' * . S,1 P-
of the convict. This merit is wholly denied to it I fi,*re presented, would not exceed ° esfima*..
by its opponents. The truth fairly stated, proba j thousand dollars,
bly is, that in this respect tt has accomplished kss
than
may
. fsfimate
hundred
ETWp copy the following well merited casti
gation of Frank Leslie’s, and Harper's Magazines
from an editorial article of the Macon Telegiaph of
the 9th insf. Every ^ord of censure of these infa
mous productions is just; and it is surprising that
any Southern man or woman should sell or in
any way give circulation to such vile and slander
ous periodicals. Any person at the South selling
or circulating such stuff is a public nuisance, and
should be dealt with accordingly.
“While on the subject of Northern newspapers,
we won Id take occasion to make a remark on an
other prrtion of their press which cannot be with
held in justice to our people. Some of the period-
?eting of the j icals of the North are a nnisanco and abomination j of Georgia into the bands of the ehoseu’iig,
Message will that should never be tolerated in onr midst, even people. This tfas certainly* eheoriog advi
Tim GOVERNOR'S Message.—We lay this im
portant and able State paper before our readers,
to-day. Its suggestions and reasoniug, touching
the management * f the Western <X*. Atlantic Rail
road, and the Georgia Penitentiary, wcthink em
inently wise and cogent. The subject of the I i-
nances of the State, is treated at considerable
length. Other important subjects are considered,
some of which will be noticed hereafter, when wo
have more time and space to devote to them, than
we have to-dav. Our readers will need no furth
er recommendation from us, to induce them to
give the Message of Gov. Jenkins a careful peru
sal;
Death cf Gen. Peter Con*.—We learn
from the Savannah Herald of the 9th inst, that
Gen’l. Peter Cone died at his residence in Bulloch
county on Saturday the 6th of January. Gen.
Cone was about 72 years of age. * He represented
Bulloch county in the State Senate, forty-two
years. He was a man of strict integrity. For
forty years he was a -ubscriber to this paper, and
at his death had a smnll balance in bis favor on
our books. This speaks well for his character —
He was a Major-General, for many years, of the
First Division Georgia Jliiitin. He also served
though we should have to expel them by the
strong arm of tbe law. We allude more particu
larly dow to Harper’s Magazine, Harper’s Week
ly. and that other foul-paged sheet, Frank Les
lie's Magazine. Harper’s productions are tilled
with tbe basest slanders and abuse of the Koutb,
her people, and their institutions; while Frank
Leslie is a receptacle of filth and obscenity that no
decent people should tolerate. And yet shame
upon us ! Southern men and women continue to
patronize and build up these infamous publica
tions. How long will it take ns, under such influ
ences, to become utterly craven in spirit and de
baurhed in morals ? The bad and tbe thoughtless
are the patrons of this detestable literature, and,to
be excluded, the. better portion of society should
take the matter in hand. Let the friends of vir
tne. of good order, of self respect put their check
npon it, and the polluting stream will cease to flow.
If to be done in do other way, let them withdraw
their patronage from all business men who shall
continue to flood the land with these infamous
publications. In this way they may be taught,
through their inserest, a proper respect for their
obligations to the community in which they live.”
——cm O gw i
Where has the Secretary Gone?
—It has been announced far and wide
that Mr. Seward, Secretary of State,
had left Washington for the purpose
of recruiting his health in the far
South. It is a little strange that Mr.
Seward should have left Washington
City at such a critical period in the
life of the Republican party. But,
perhaps, there is a reason for this
under Gen. Jackson against the Indians in Flori- • c }, an g C 0 f latitude, Gt) the Part of the
da. The Federal armv under Gen. Sherman, on' T , , , c , . 1 . ,
Honorable Secretary, not yet made
Has he not gone to Mexico
to consult with the head officials of the
IlOPDHTors.—We notice that at least one news
paper in the State, has pnbli.-died the entire Re
port of the Commission appointed to prepare a
System of Laws tor the government of the Freed-
men in this State. We were asked to do the same
thing, but declined for the reason that the Code
has not yet Leetr adopted, and might mislead
some people ; and also for the reason that it has
not yet been laid before the Legislature, for the
consideration of which body it was prepared. This
document would not have been made public by
the Printer, but for the reason, that the Senate
directed its Sccrfctr.ry to forward two copies to
each Senator, so soon as printed.
t'nNKrrtu am! Ila? Negro.
As soon as Coiigp reassembled, the negro occu
pied a “front scat” in the proceedings of both Haases.
A stranger would suppose, on reading the daily pro
ceedings of Congress, ns published in the newspapers,
that there were no white men in this country, and no
subject of legislation worthy the attention of Congress
but tbe negro. We should think the people's servants
at Washington, might devote a few days to the finan
cial condition of the Country, and to the great question
of restoring the former prosperity of a very large
part of its territory—a portion, too, that can be made
vastly beneficial to Uncle Sam’s Treasury, if its in
habitants were encouraged to develop its wonderful
resources. But no: the Republican party would die
if its natural aliment, the negro, was taken away,—
Sumner and Stevens & Co., care nothing for the con
dition of the negro. Many of the leaders of the Radi
cal party would rejoiceat an opportunity to sell a cargo
of negroes, to some foreign party, if they could do so
with impunity. It is not the DCgro’s welfare they
are so solicitous a beat, but the life of their party or
ganization. which gives them office agd puts money in
their pockets. This consideration, with one other,
causes such men ns Sumner 1 aud Stevens to be eter
nally legislating about the negro— the other considera
tion Is. the gratification it affords their little souls, to
be revenged on the unfortunate white people of the
South. These men know that the late masters of the
negroes can aud will do more for them, than any North
ern man can or will do, thousands of miles away from
the land they live on, and the presence of tbe negroes
tbemselvee. But their intention is that, if they can
prevent it, the negroes skill] do! become eont t nted uud
peaceable citizens. They do not wish to sec the w Lite
and black people get along harmoniously at the South.
Why t Because in that event flic pabulum upon
which the Republican party has fed and fattened for
four or five years past, would be removed, and the
great orgauizntiou whieh so nearly killed the Demo
cratic party North, would itself die, never to be resur
rected sgsin.
Such agitators as Sumner, Stevens, Wilson A Co.,
if not restrainedl,y the strong arm of the people, will
make the garden spot of the world a waste howliug
wilderness. At present the President, in the name of
the people, will interpose i., Rn ve the South from ruin f
but Who con toll whar a party of fanatics mnv not at
tempt to do. If they find the President in their way,
they will not slop at any subterfuge to drive him from
power
its way to the sr-a. r-wr-pt over tbe General’s estate,
destroying everything valuable l e had. which ca-! public,
lamity no doubt hastened tbe sad event we now
record. He was born in Bulloch county, and al i . ,
ways manifested a lively interest iu the welfare ! Imperial GovernillCtlt . We htlVe Seen
of his fellow citizens, and in tbe prosperity of his it stated that one Maximilian was very
native State anxious to have a little private confab
with the President or Mr. Seward.—
We should not be at all surprised to
hear that Mr. Seward had extended his
visit as far South as the Halls of the
Montezunias. But, as Father Ritchie
used tojsay, we shall see what we shall
see.
“A Richmond paper says matrimony is as pre
valent as measles and whooping congb, and seems
to be twice as contagious.’’
The same disease is raging with unabated fnry
in this section ob the country. The boys who
j got safely through tbe War, take tbe disease soon-
: est. Well, it’s all right, wc suppose. “Love in
j a cottage'’ is said to he the dearest thing this side
of Paradise. But it takes meat and “greens”
dow more than ever to make the pot boil—and tbe
peculiarity about the latter is, they must have
nyeen-backs. Weil, there is some consoiatiou
about it—qur country needs population more then
anything else; and if our young people, who com
mit matrimony, are poor, tbe old adage says, “*
poor man’s house for children.'’ We extend our
best wishes to all who are newly married—and
those who expect to do likewise, wo would very
respectfully remind, that a good sized piece of
wedding cake, sent to the printer, will always in
sure an insertion of the marriage notice, with the
usual accompaniments of Editor’s congratulations,
Cupid, hearts and darts, &c-, &c.
•( ('•nitty Officer* In Calhoun C*.
For Clerk of the Superior and Inferior Courts.—
W G. Pierce, 129, G. H. Low, 69.
For Sheriff—M H Lingo, 125. N W Pace 92,
For Tax Collector—Thos Farrow 100, K Strick
land 40, T Sexon 76, S L Foster 5.
For Tax Receiver—T Perry 137. J J Ragan 82.
For Coroner—Joseph Lash I2J. Jordan Strick
land 55, G W Arnold 2.
For County Treasurer—David Burts.
m in ♦ ■
At his old tricks.—Gen. Sherm.m and Gen
Joe Johnson were at the Gaycso House, Mem
phis, a few days ago, and occupied adjoining
rooms, Gen. Johnson’s room being nearest the
“office.” It is reported that General Sherman
flanked his old antagonist early in the morning.
and took a drink, without Johnson knowing
anytJJng about his movements.
duties
posed by some to be fraught wifii peril, although there
have occurred, iu different localities, shocking exhibi
tions of crime, we have witnessed no general or con
certed disturbance of public tranquility. Doubtless
tiiis experience will awaken in all hearts renewed
gratitude to, and ti n t in, au overruling Providence;
and emcontnge perisisfent < ff ft t*u recreate, front our
recent chaotic condition, social order, and prosperous
domestic economy.
Within a week nffer yonr adjournment, his Excel
lency, the President of the United .States, w as pleased
to relieve of his trust his Excellency dictate Provision
al Governor, and to remit the government of the State
Dts of the
people, ’ibis was certainly a cheering advance in ids
restorative policy, and illustrates bo*’ the kindness of
his purpose#, and the wisdom of vo.. patient writing
and prudent action.
During nearly the whole period of your absence
from the CapTal, t lie (Jongres * the United
lias likewise been in reci -. at: . ifisre have thei .e
been no decided demonstrations of the policy that will
be pursued by that b. .inch of ?h Government.
But enough has transpired' t 'ji expectation,
that not many months will (jlap-.l- bet-.!-,- onr people
Will be represented iu U«e Jt.uinot Cka *’. As sure
ly its the laying of a foundation go unise of a
snperstrtichue, just so surely arewegn. eedmi eai>
ly.rcstoration to all onr rights as members of the Ancn-
ean l lion.
In popular governments, tbe highest legislative func
tion is that of framing or altering a written constitu
tion. History furnishes no record .of a p. nple, not only
permitted, hut urgently invited, to participate in the
exercise of this high function, actually exercising it,
and then arbitrarily deiii-d participation in 'be ordina
ry legislation springing out of it An amendment ofj
the Constitution ot the United States has been propos
ed by the Congress, In the mode prescribed by that
instrument, to the Legislature.-of the several States,
and its adoption depended upon the concurrence of the
Legislatures of tlnee-fourths of those States. These
bodies us aimed, seriatim, as they came into session,
to act upon it: those States which had never separa
ted or attempted to separate thi-rnselves from the
Union, and whose governments therefore had never
suffered disorganization, acting first, A point was
reached wheu a concurrence n.‘ the requisite number
had not been attained, and powdbly might not be. At
this juncture. States, situated as was Georgia, were
one after another getting again into an organized con
dition ; and their Legislatures, upon their assemblage,
were distinctly invited, by Federal authority, to take
action upon this very important amendment. Most,
if not all of them, among whom was Georgia, not only-
acted but gave their concurrence, A proclamation
has go nr forth, announcing formally, that the proposed
amendment hud been adopted by, the Legislatures of
three fourths of the 8 mo., the names it which are
set forth. Iu this catalog!'. * nr embraced Georgia
and several other States mb 1 ■ *ly represented iu
Congress, but now prep tr* i! and *1< irons to be so repre
sented. Strike their nrnm s in .u the catalogue of the
proclamation, and St w< d h .ve no e.o itiitional ba-
sis upon which to rest. If those'State ' not in the
Union, the Federal them , upon winch .e war wits
| waged is wrong—and they could not li^.l.av have
voted on the adoption of the amen Intent- Yet votes
were distinctly solicited, have been counted, in q have
given it the desired sanction.
Shall it be said of n Confederated Republic, that
certain States were in the Union for one purpose, and
out of it for nil others—that whilst invited to partici
pate, and actually participating, iu the making of fun
damental law, they were incapable of participutiou iu
the most trivial act of ordinary legislation—that whilst
they, with other States, ordained that certain things
be ilone by the National Legislature, flier can have
neither part nor lot in the doing of them I Imagine
the criticism upon republican government which such
a state "f things would evoke Irom monarchists of the
old world. Let us not anticipate this result. It would
be too great an outrage upon the excluded States—too
disturbing to the scli-respt ct of the actors—too dam
aging to tree institution-—if hot too high a crime
against them, at least too conspicuous a blunder in the
legislation of their chiefYscuiplnr. Such an idea may
possibly possess the minds ol a few persons, having
peculiar intellectual ami moral i iin-ynctaries*, but
surely, wiil never control th** action of the Congress of
the Fulled States. Then let us not hvso uncharitable
as fo harbor the suspicion. Being recognised Con
stitution makers for the Union, we shall fie. ere long,
legislators m the Union. 1 havo .-iiid, thus much oil
the subjte.f, because of the disquiet it produces iu the
public mind, which 1 would lain aid in allaying,
report or the ■commission. •'
ed (unction of feeder io your treasury. Nothing
now is needed to make it a source of immense rev
enue, than solid, permanent improvements, mo
tive capacity corresponding to its position in con
necting lines of railroad, and skillful manage-
y is, that in tins respect tt has accomplished lies j From the earnings of the W«»f,. ril
lan was expected. Tbe practical question is, j Rail Road, put ia gpodjEinkiig o; dcr, n:ul t?
ay it not be made to acevmpisfi more? That; of otja emdifh of on-per cent, up,a, n lr ‘, 11 .
any convicts will prove titter! v incorrigible is to } peopi-*. Ithe-e estimates being pm onr
be expected, and in most ins
dieated very soon after tin
should be subjected to the
the greatest attainable isolation
their corrupting influence. As regards the less
ment. Ail this Georgia can supply, aud will, with-j obdurate subjects, it is worthy ot consideration
out unnecessary delay, if true to herself.
The last mentioned condition of its success,
skillful management, demands present considera
tion. Although I should derive from it incalcula
ble personal relief, 1 cannot concur in the sugges
tion, that the management of this great public in
terest should be transferred to a Board of Com
missioners, to be elected by* the people or by the
whether hope, that great excitant of human ac
tion—hope of return to tree life, nrtd-’r favorable
auspices—hope of shortened imprisonment—hope
of mitigation ot its severity while it lasts, may not
be more freely aud more judiciously used as a re
forming agent. Has it been sufficiently consid
ered—has it been fairly tested, how far reward in
the shape of mitigated punishment, may consist
Genera! Assembly. In discharging the responsi-1 with punishment itself whieh is meant to be refoi ru
ble duty of “giviug you from titjje to time infor- j atory ? Have extraneous good influences such as
matron cf the state of the Republic, and of.re-j moral and religious oral teaching, impressive and
commending to your consideration such measures ; well directed reading—been spoiled with sufficient
as I may deem expedient,” ] shall 'yield neither to 1 judgment and persistency f '1 lie so'itary element
suggestions of morbid tfelicacy, nor to the fear ofl of the convict’s imprisonment is, doubt;css, very
being reproached with lust of power. In dujcrss-1 potent, because very bitter. Its stringent enforce-
ing the relative merits of the present and the pro- ment to restrain bad influence, an ' to conquer
posed schemes for the management of'the rbad,; obduracy, would be eminently proper,; whilst its
both of which have been brought to the experi ' judicious relaxation, as a reward oi good conduct,
mensal test, the former finds abundant support
in the fact, which I think will scarcely be contest
ed, that the greatest success lias been achieved
aud earnest effort at amendment, might be very
salutary.
The tendency in such institutions, as ia schools
ly iotlt: leaving' ahottt three htmdml and seventy
thousand dollars to be otherwise provided for, six veare
betice. That done, the annual surplus would in each
year extinguish the maturing debt now exislinp,
arid close that aceoutif in the year 1881. Meantime
Um riukiug fund provided, a-t propped for the newly
created debt, if faithfully set apart, and jaii'.eiuusly in
vested, would silently but surely tvo. k out its rede in p.
. ( tmn. One great advantage of the sinking fund is,
ing. ;s confidence, aud op-uarhe way for fa-’
alone. With a Board of Commissioners, you one unvarying disciplinary course, regard.ess cl, ■-<.table negotiation of the securities for which it mar
under it. But I rest not the argument on this 1 for boys, and higher seminaries of learning.
he r;ii“ed to six millions of dollars,' (and it mtiv fall
sidtrabiy short of that amount) the bonds f.1 be i, er #
after issued, in redemption of those matured witl.h, t|°
bud.four years, aud unpaid; ru funding the arrearVof
interest on the funded debt; and to meet the pn-sdne
necessities of tbe State, will anionnt fo three iiii.li,,,”
four hundred and fifty six thousand, two hundred ami
fifty d'd'a’w. Two per cent upon lids sum. set a ,' isr ,
us a sinking fund (accumulative) would atom»t t,,
sixty-nine thousand one hundred and twenty-five duj
lam, which, deducted from the nnnnnl suipius of two"
huti'hvd tutu fifty thousand, would leave one hnuirnl
and eighty thousand eight hundred and 8tventv-fi ve
dollars. This stnu set apart am) applied faithfully to
the payment^ of the bonds now extant, would ( as a
liuk Calculation Will show) pay their full amount aa
bey mature, until 1872, when it w<>b»d extingnbli r.ent-
The Commission fl] u
mot in October 1h , ,U
a code or system cf he
tertiim of person-t c, (
and for other tiufji'>■»*.», have rope *
a copy of their report herewith,
upon its provi.-iono m d lull I take :
commending it. as a who! -.to your m
sideratiou. It is just and liberal, as it
will have divided responsibility, divided coun
sels, bickerings, criminations and recriminations,
and the inevitable loss of respect for the immedi
ate controlling authority. Be that, authority vest
ed iu oue, or in many, he or they exercising it
must be so compeusated that oilier avocations
may be entirely abandoned, and the whoie time
given to the. work. If there be several inadequate
ly compensated, each will look to some other em
ployment to supply his deficiency of income, and
to his associates to supply his deficiency of at
tention to their joint trust, and thus a great in
terest will receive little faithful supervision. All
cannot be adequately compensated for the yield
ing of their whole time, without incurring enor
rnous expense. This, however, is the least sub
stantial objection.
It. will be conceded that capacity for the man
ager* t:t of so vast a business can only be fnllj
asenri»iuad by trial. Whoever may be entrusteo
tL or however appointed, should he subject
to rer *1 instantaneously that incapacity, or in
fide!’ as developed; and usually the powers o’
appoi ent and removal are placed together
The people, in the nature of things, could not ex
ercise the removing power Tbe General Assem
bly are not iu session one-sixtb of time, in an av
erage ot years, and when in recess, cannot con
veneof their own pleasure, and therefore are unfv
depositories of the removing power. If this were
separated from the appointing power and vested
in the Executive, (supposed to be always in
place) difficulties still present themselves. First,
there would be danger of antagonisms arising be
tween tho Executive and the Legislative De
partments, or between tbe former aud the great
body of the people, which would be unfortunate
•Secondly, vacancies made should be speedily fill
ed, but this could only be done by giving to the
Governor tbe power of appointment for an inter
val longer or shorter, according to circumstances :
and thus by a free exercise of the power of remov
al. he might at last draw to himself, in a good de
gree, that of appointment. This, too, would oc
casion jealousy and dissatinfiction. To my mind
it seems abundantly clear, that system is the best,
for such an enterprise, which most certainly fixes
personal responsibility, and most effectually se
cures prompt removal, for incapacity, or faith
lessntss. This is attained by having all the re
sponsibility of superintendence centered in one—
and all the responsibility of his appointment and
continuance in office, centered in another, him
sell immediately accountable to the people.
The qualifications for superintendence aud man
agement of such a work are by no means com
mon, and cannot be secured without adequate
compensation. Lack of qualification cannot he
supplied by *be mere multiplication of employees.
Less than . half the aggregate salaries of five,
and but litf’.e more Ilian half the aggregate sala
ries ot thiee commissioners, placed at the lowest
rate that would command very moderate ability,
would doubtless secure oue Superintendent ot
high capacity. Hoping that the great importance
of the subject will be regarded a sufficient reason
for giving it so large a space ia this commnnica
tion, 1 leave it, with the respectful recommends
tion that very little, if any change be made in the
present system, and that the salary of the Super
intendent. be increased to such an extent, as, in
your judgment, will secure the highest capacity
for the position. 1 earnestly request early action
upon the whole subject, that there may be no un
necessary delay in putting the road ou tire proper
basis, ,
difference of traits ol character, or in degrees of
depravity. It makes the daily administrative rou
tine more easy, and hence the strong temptation
to it, but no educator of the young ever achieved
distinguished success under it, and prison discip
line so conducted, must fail likewise.
Should you determine to adhere to the system
much will have to be done to repair the materia!
injury sustained by the institution, into which,
doubtless, ynuy committees Will enquire, as well
as into its general management, to which I am a-
much a stranger as any, and more than mauy of
you.
The question will probably arts?, whether if it
be continued, it shall be rebuilt here or establish
ed anew at some other point. lucre are certain
ly advantages in having such an institution at the
seal of government, which will readily occur fo
the reflecting mind, and one great objection here
tofore existingto the locality, viz: its inaccessibili
ty, by rail road travel, and tiansportation, is over
come already, aud doubtless it wiil, ere long, be
still more easy of access. There may, however,
be advantages, in some other locality, common
ding it to preference. Oi this, von, in yonr wis
dom, wiil better determine, bhou'd you deter
mine to locate it elsewhere, I respectfully suggest
that the present site, with necessary repairs to
the buildings, not destroyed, and the addition of
others, involving no large expenditure, might be
used advantageously, as a labor prison for per
sons of color convicted of certain crimes. Public
works of suitable descriptions, such as the tanning
of leather, Rnd the lower and more easily acquired
mechanical arts, coming within the purview of the
report of the commissioners, herewith transmitted,
might be advantageously established there.
By act of the General Assembly, approved De
cember 6th, 1862, the Executive was authorized
to establish, in connection with Messrs. Devine,
Jones and Lea, a Card Factory, for the supply of
a want sorely felt throughout the State. The
connection was formed alul the factory establish
ed on the Penitentiary grounds. As ia the
changed circumstances of ttie country, it will not
be desirable to either party to continue tbe con
nection. I advise the appointment of an a_g«*nt or
agents, with full autboriiy to settle all matters in
account between the parties, and to divide the as
sets, and make sale of such as may be alioted to
tbe 8tate.
The Periitenitary, if contliim d in ' peratioh. will
doubtless need the appropriation ot more or les'
money to extinguish iu whole or ia part tbe a-
inount due it by the btate, as stated in tbe report
of the Principal Keeper, and to which your atten
tion is invited.
v r.t
l- THE PENITENTIARY.
~ Pifblic opinion seems to have been greatly di
viih-d upon the expediency of the Penitentiary
j system. The burning rf the several building*
; il>-d by the (Jon vent ion which
| pure for yonr considerate .
t V ’"meat and pi,- j r p|, U) tenant to that InCitutiou, by the United
J 'Mates forces in their progress through the btate,
and I transire
'itliout dwelling
ct ( kmsure iu
able eon-
be, to the
freed man. It is safe, us tl should be, U> .. a *:iUzen.—
It extend no. political lights to the lduriLi. ' it gives
ample security to his fights of person and < ;»roperty.
Tue Amended Code.—Through Col. Weems,
Secretary cf tbe Senate, we ar« iafoimed of a so-
eond session of the Commission, appointed le pre
pare a system of laws, touching the rights and du
ties of the Freedwen of this State. The original
Report has beeu amended in many important par
ticulars, and, doubtless, the Legislature will not
act upou the subject, until the amended Report is
printed. In prqportion as the committee perfect
their work, in the same proportion will the labors
of the Legislature be diminished.
Like tl great, majority of the .Staten which i.ever ad
initted, or have long wince nboliwhed slavery, wenre
wholly averse to investing him with political rights
and privileges. For that very reason, we are under
the highest cvuccivubh: obligation to protect him in
bis rights ot person and property, una to aid, by all
just, means, his udvuncc in civilization. This aid we
give aim, this advance wo effected for him, whilst in
slaveiy. Why should it be withheld now* Whilst
we insist upon occupying, in relation to those persons,
the position of the governing class, let us fully and
fairly meet its responsibilities.
With the original report, I also transmit a copy
of it with alterations suggested by the commis
sioners themselves, upou revision. I invoke for
tbe product of their labors careful exsmiuation,
divested of all lingering prejudices, engendered iu
a system which has fassed fioui us forever. The
commissioners have earned your gratitude, as well
as the compensation suggested by the Convention,
wi^ch it wiil be your pleasure to make.
r 't lU WESTERN AND ATLANTIC RAILROAD.
This vary valuable item of State property has,
as you are well aware, suffered great detriment
from the war. The government of the United
States, upon taking possession of it, throng*, the
military authorities, made such repairs as were
necessary to make it available r their own uses,
but these were not of a perm .;, lit or substai al
character. When delivered io tire State aritbor-
ities in September last, not or’ - r.r ‘he condition
of tho road, itself bad. bnf th. is an almost
entire destitution of rolling stoca, in'"jiine shops
for repairs of locomotive* and cars, . etial to be
used in them, ordinary supplies, ,* , reel. The"
report of tbe Superintendent (which will be laid
before you as soon as received,) will inform :i
that be purchased of the articles above ennmt»a-
ted from the United States government, npon tLe
terms stated, a very considerable qoanlity, tbe
cost of which wot little short of four hundred
thousand dollars. Although this purchase invol
ved the assumption of a large discr etion, when it
is considered that there was at the tiinn no Ligher
authority emanating from the people which could
be consulted—that, without the property purcha-
STATE FINANCES.
The financial condition of the State, demands
serious consideration, and wise action. Tbe cur
rency, in the treasury, when hostilities ceased, is
utterly worthless. 1 he functions cfa’.i officers oi
the State Government l aving been, lor several
mouths suspended, no tax has been collected, dur
ing the political year ju*t ended. Tbe exp-reses
incident to a re erganiraf'on of the Government
have been, thus far, met 1*v temporary loans, and
these are now very nearly exhausted. 1 or all
practical purposes the treasury may he. said to he
empty.
From what lias already been said, it is apparent
that during the year npon which wc have entered,
large sums must he expended, iu the revival ol
important interests- Iu addition to these, the ar
rears due upon the civil list of the last year, the
interest upon the public debt, unpaid for Severn!
years,' a portion ot the principal of that debt, ma
tured, while we have beeu cut off from eonuec-
tion with the rest of mankind, and ihe necessary
expenses of Hir Government during ti.e polilira!
years lR.><>nnd I8t>7, must necessarily he provided
for. I include tue expenses of I8!i7. because if re
sort be had to taxation, the usual resource !ur.*up-
poriing government, that tax 'must, he impesed
and collected in tho 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 tire State, or by
loans predicated on her credit. Thu former alter
native I may dismiss, as an expedient withoat ad
vocates.
Recourse mnst, then, be had to the credit of the
State, and the practical questions are, to what ex
tent and in what form it shall be used. 1 accom
pany this communication with a tabular estimate
of money which will be required for the years 1866
and 1867, amounting to lj?806,8.it) for 1866,
and to $791,45.3 for 1667, winch I think wiil
will admit of no material reduction. 8upcraJding
io tlds sum, so much as you may determine to ex
pend in the re construction, and refitting of tbe
Western A. Atlantic Railroad, and ttiei’enitcnti-
tary, and such other appropriations, as it may be
your pleasure to make, for the relief of disabled
boldiere, for the suffering families Oftliose who fell
In the war, which present strong claims npon onr
humanity anu our gratitude, and for any other
- . r „ fH- may
no pr.-vruetl. But another incai*. uhible advantage to
| ihe deb!or .{jute, is tint it dietribate.s tbe burthen of
I payment equally over all the years ihe debt has to run,
vviiieh, ter that reHcuu. can never eumc, with a stun'
mug shock upon the Trcasuryj am! utccssitate a repe
tition iff the borrowing operation. These are matters
of calculation, the data for which are foiled hi tlicConip-
troTIcr General's report, except flic estimated receipts
fiuui the Weatern and Atlantic Kail Road, in which
I huye full confidence. If it be thought, sufficient
margin has not been left for miscellaneous appropria
tions, the reply is, that, tue annual income will be
swelled by items of taxation not takeu into the ac
count, and by dividends on rail road stock, owned by
the 8Late, also left out, because hot immediately avail
able ; whilst, by the gradual extinction of the public
debt now existing, there will be u corresponding re-
itwfKTn in the amount of inferes-t to be annually paid,
leaving each year a larger surplus. * ’
I* will have been, seeu, that it is proposed to meet
Uhl over diu* bonds by issuing other bonds, and. also
to fund the’interest in arrear. There is every reason
to believe that no difficulty will becurffli effecting this
negotiation. As eviutnee of this, I -end you here-
wftli. a mpy of a communication from Lews II. Hasie-
ivcod, E*q., of London. Chairman of a committee ap-
printed at a meeting of Jin dint of American securi
ty., on whieh there- are arrears of interest. The very
liberal proposition is therein made, to bind all the ar
rears of interest, and the interest to accrue to January
1867 inclusive, into n bonded debt, rhe sole condition
being, that a sinking fund be established of 2 per. cent
per annum. The amount of debt represented by Mr,
Ilaslewood.is not stated, hut it is presumed to include
all the sterling bonds of the State, which amount to
seventy-two thousand dollars and may embrace others.
It foreign creditors be willing to fund not only our in
terest in arrear on thefirst of July last, hut that accru
ing within eighteen mouths thereafter, can if he sup
posed onr home creditors will hesitate to fund that ac
cruing to the 1st inst? Without an adequate sinking-
fund. you cannot resuscitate, promptly, the fallen credit
of your State. With it you can. Un\e» it he resus
citated, you must either hawk yonr bonds about the
money centers, and sell them at an enormous sacrifice,
making a nominal rate of 7 per cent, equivalent to
from 8 to ten per cent, aud have your credit always
depreciated; or you must greatly reduce your expen
ses, including salaries, to a standard so low, as to ban
ish from ttie service of the State, in all departments,
citizens of Stirling virtue and ability; or you mnst
car.se your constituents to groan under a weight of
taxation, which, now, they are ii!y able to bear. To
ovoid these disastrous alternatives, earnest, decided
action is indispensable: Rnd it ishigti time that Georgia
sh-'uld adopt a judicious, stride, financial system.
1 recommend, therefore^/-’/-..-/ that you authorise the
Executive, as the necessities of the State may require,
and tn that extent only, to issue Lunds of the State,
having not less than twenty, cor chore than thirty
years to run, bearing an interest not exceeding six
per cent, for an amount, which added to the existing
tended debt, not yet matured, shall not exceed six mil
lions of dollar*. .Sccoa<//ff,l|j8t for tbe payment of the
inierr-st,aud fertile creation of a sinking tend (accu
mulative) to discharge the principal of the debt, now
proposed to be created, or two per cent per annum on
that principal, so much of the annual income of the
Western and Atlantic Rail Rond as may be necessary,
be sacredly pledged, mid that this pledge lie set forth
in the bonds. Thirdly, that to the extent of this
pledge, all appropriations hitherto made, for State
uses and policy, hr that income, (not involving the vio
lation of contract,) be repealed.
Should! these recommendations meet vonr approval,
it may be necessary to contract .hurt loans, to meet
pressing necessities : but theso'may be extinguished, as
longer ones are effecti d.
has furnished its opponents with a favorable op
portunity for attack.
The history of punitive justice in tbe United
StattB, and in Great Britain, from which country
our ideas of jurisprudence, civil anfl penal, have
been mainly derived, clearly developies, through a
series of years, a perceptible recession from san
guinary and degrading punishments. For these
have been substituted punishments of decided se
verity. Let redeemed by their connection with re-
lormato - t appliance*. Chief among them ia that
of solitary confinement at bard labor, for a term
apportion b to the character of the offence. This,
which m. i the t’<=nUehtihry system, has been
generally - opted in the Rtates of the Union, and
seldom, if ever, ahandonded After trial. Its intro
duction, always makes a very marked change of
system, and 1 am inclined to think that the disap
pointment so often expressed in Georgia with irs
results, has been ocrnsiot.ed mainly by unreason
able (expectations entuitained iu its inception.
The wit of man can devise no euffime of puni
tive justice which will prevent the commission of
crime—under nny system the critftjnal calender
will increase with increasing population. Tf the
system which has so long existed in Geoigiabo
abaudouded, what aiiail replace it! jam aware
of no other suggestion than a return to tljat which
preceded it. About thirty years since, the Gener
al Assembly of Georgia made this experiment,
bnt the scenes of the whipping post, and the
pillory, and the exhibition in open court of the red
hot brand, buruiug infamy into human flesh, pro
duced in one year such a revulsion of popular
feeling, tbit their immediate successors undid
their work, and restored the Penitentiary. It may
well he questioned, whether our constituency
wonid now look with more equauimity npon such
proceedings. In makiug the change under con
sideration, the crimes now punishable by confine
ment iu the Penitentiary, must be divided into two
classes—the more aggravated added to the list of
those entailing capital punts him-at—tho other lA- ,«-=■ p-y...- —.
mlt.6 d *o the barbarous sanctions of an exploded recently endcd—nneaecotcd. became of the disor-1 clearly entitled, and without it, cannot
coiii ' o the latter I have already ailnded. In j gauizod condition of tho Government. I recoin- i University hi successful operation. The late C*®
, . .« In ika (ormnr »♦ mao kn wrall 4« .-I J i ■ it ! lliln feiw or./l tKn lawi.nJ 1 _ _' » 1 7 i i _ 1 *1 kaso hriPfl'
er thq
States :r.
purposes, you wiil be enabled clearly to estimate transfer of Bank stock the State asrumed to in
the ueeesriries of the State. We may at once as
sume th r J de outlay in money which yon
rnay determine to make in the political year now
current, which will terminate on the-first ot No
vember next, must he borrowed, unless yon not
only resort to taxation, 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 ^ou will provide lor its wants by
levying a tax during the present year, or wliether
yon will put that burthen also npon the credit of
tbe State, and give to yonr constituents, in their
reduced circumstances, another year’s exemption
from State taxation. It mnst be borne in mind
that there is upon tho statute book, an unexecuted
EnriATtON,
Hitherto the State has aided the cause of edu
cation chiefly in two ways, first, by the endow
ment of a University, and secondly, by setting
apkit certain funds for distribution among the
counties in aid of common school*. The case of
the University is somewhat peculiar but readily
understood Its original permanent endowment
was in lands, which, with ihe consent aul appro
bation cf the Genera! Assembly, the Trustees sold
-m a credit, toking bonds p.rui mortgages lor tbs
pitreha«e money. SuWsefjrvrerly, .rhe State as
sumed the coltectien of these speoritifs. and as
sumed to account to the University for the funds
as collected- In liquidation ot rhe resulting trans
actions. the' State Uansterred to the University,
one thousand shares oi tho Bank of the State of
Georgia, owned by her. the par value being one
hundred thousand dollars. The trustees were ex
pressly forbidden to sell or in any way dispose of
this.stoek, bnt were by act of the General Assem
bly guaranteed perpetually, eight per cent income
from the stock; any overplus that might accrue
from annual dividends, ennring to the benefit ol
the Institution, and any deficit of the eight thous
and dollars, tho State hein£ pledged to make good-
And this has often been dooe, no special appropri-
-atioft being made in each instance, but the deficit
boing always paid at the Treasury by provision of
the act authorizing the trafiver of the stock, and
guaranteeing the annual income from it of eight
thousand dollars. This guaranty was doubtless
induced by two-ceris'iderations: first. that.(ss the
history of (he transaction spread npon the statute
book shows;) the transfer of the stock, was in
tended as a satisfaction and settlement of money
collected by the State on the University Bonds
and Mortgages Secondly, because in making tbe
'libit the sale of it. which would have been
without assurance of a oertain annn-d income be
yond all contingency. Deficits of the amount ot
dividend, and entire failures of dividend Lave al
ways in good faith been responded to by the State.
One of the result* of the late war has been, the
triter failure of tbe Bank ot tho State of Georgia,
and the consequeunt extinction of all possibility
of farther drviaends. Bat the obligation of the
State remain* unimpaired. There are. indeed, *n-
nnitie*, {for so they way bo called) in arrear since
the Bank ceased to-dec I a re dividends. I^® 00 D01
aware of any purpose ou tbe part of the Trustee®
to urge, at this time of fiimncial embarrassmen ,
any claim for these arrears, and I trust that they
will forbear it, for the present. But to the re-
law, requiring tbe payment of a tax ia the year J sumption of tho payment of the annuity, they of
. l j j (.autACU cwuuDiWM y j vuhuonj ixi .''uva.cb.iim ypciau> *t. ^ , . <r
to the former! it may bo well to conskl- j mend 4bo remission of this tax, and the imp* >64- J vent ion r having tbe history, 1 bave bore
0 . robable efficiency of the proposed jx-uaity. j tion of a moderate one to be collected daring the 1 detailed, felly presented to them, and in vieW 0
*rr. D , jurists, and publicists, of this day, I latter part of tbe present- year, when the fruits Of the impwtmrce of the whrfe subjeqt pi*'-* 1 “. p “
agree id the opinion that certainty gives more I its operations shall have been partially realised, the GeSewl Assembly, aCohstitntional obliga t!0 ”’
i-rocacy to punishment than severity. Where trial In the tabular estimate, before referred to, I have to’ “to putrid* h r the early resumption of
by jury prevail*, no reliable estimate can be made for convenient reference set forth a statement, made rises, (ictuch had been unavoidably suspended) ®|f
of tbo certainty with which any proposed punish-j up from the report of the late Comptroller Gener- permanent endowment of the Unwcr»'uy.f