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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