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vCnnstitutinnaUst & jßtpblit. 1 JAMES GARDNER, JR., 1 and > Editors. JAMES M. SMYTHE, ) (From the Baltimore Sun.) Annual Report of the Secretary of War. The Annual Report of the Hon. C. M. Conrad, Secretary of War, occupies four columns of the National Intelligencer. It is a well written do cument, but as many ofthe facts connected with the movements of the army, which it specifies, have been, from day to day during the year, re corded in the columns of the Sun, we must limit ourselves to furnishing an abstract ofthe more important recommendations and suggestions which it makes. The Secretary sets out with a column and a half devoted to the subject which, he says, has most engaged the attention of the Department j during the past year, viz: the defence of Texas, New Mexico, and the Mexican Territory adja cent to our own, against the incursions of the neighboiing Indian tribes. These Indians, it is remar:. .J, unlike their race on this part of the con' .tent, are actuated not so much by hostility to the whites as by motives of plunder. The Secretary goes on to detail the steps taken to bring these Indians to subjection, Congress hav ing tailed to authorise the raising of an additional mounted regiment, as recommended, the regiment ot mounted ritlemen on the Pacific was dispensed with there, in view of the supposed peaceable character of the California and Oregon Indians, and ordered to Texas. Several outbreaks have, however, lately occurred among these Indians, but treaties have since been made with them. Chains of military posts were also established by the filth Infantry from Arkansas westward into Texas, and in New Mexico tha same thing is being done by Col. Sumner. A post has also been established at the junc tion of the Gila and the Colorado, and examina tion is to be made by the Pacific commander, as to the practicability of another still higher up the liila This is all done, looking, as far as prac ticable, alike to the defence of our own territory and that of Mexico, and the Secretary well re marks : "The United States have thus endeavored to fulfil, to their fullest extent, the obligations im posed upon them by their late treaty with Mexi co. It surely was never contemplated that the entire ex|iense and responsibility of defending her territory against these incursions should de volve upon us. The language of the treaty ad mits of no such construction, and, if it did, it would require of us what it would be obviously impossible far us to perform. As the U. States have no right to station their troops within the limits of Mexico, how is it possible for them, entirely, to protect her against tribes, most of whom occupy the vast desert lying between the two countries > All that we can do is to make common cause with her; to make her wrongs our own; tochastise, if possible, the tribes by whom they are committed; to compel them, whenever it is possible to do so, to make restitution of Mexican prisoners and property; and finally, in our ‘reaties with them, to guard the interests of Mexican citizens as carefully as those of our own, and to punish any violation ofthe one as severe ly iswe do that of the other. It is manifest, too, that whatever eflbrts we make for the protection of Mexico, will not only be fruitless, but abso lutely prejudicial, unless they arc aided by cor responding etfiirts on her part. The number of our military posts, the vigilance, activity, and courage of our troops, all tend to drive these ma rau lers from our border towards that of Mexico, where they can carry on their depredations with almost certain impunity.” An idea too seems to have gone abroad among the people of Mexico, that this Government was bound by its treaty with Mexico to indemnify citizens of that country who might sustain losses by depredations of the Indians, and the Secretary says that Irom information that has reached the Department, there can be no doubt that, in some instances, tales of depredations have been invent ed, with a view of bringing fictitious claims lor damages against the Government. It appears that the entire force stationed on the Pacific amounts to only seven hundred and thirty-six men. This force is deemed entirely inadequate for protection, particularly in Oregon, and the General-in-chief of the army therefore, considers not only an additional regiment of cav alry, but also an increase in the rank and file of the infantry and artillery as indispensably neces sary. The entire number of men borne on the rolls of the army, amounts to 10,538; which, accor ding to the usual estimate, will furnish an effec tive force of not more than 8,500 men. When it is considered that this small force is scattered over a frontier of several thousands of miles in extent, its insufficiency will be apparent. The report then goes on to show the causes which have produced the enormous increase in the expenses of the army. These causes princi pally, are—that nearly one-half the army is sta tioned on our remote frontier; the military posts are removed far in the interior of the country, from navigable rivers, or on the Pacific, where they can only be reached by an overland journey of hundreds of miles, or by a sea voyage, of thousands—and the military posts, instead of being situate in a productive section ot count!y, as formerly, are now, for the most part, where but few supplies can be obtained. The conse quence is, that while in 1813 the cost of trans portation (of troops and supplies) was $130,053 52 In 1850-51 it amounted to 2,094,408 51 In the former the cost of forage was.. .99,794 20 In the latter it was 1,287,327 91 The great increase in this last item arises not only from the causes just mentioned, but also from the grpat increase of animals in the Quar termaster's department, which, in 1545, amount ed only to 847, and in 1850-51 to upwards of 8.000; and also to the fact that the mounted force lias been greatly increased. The great distance which troojis have now to be trarsjiorted, in going to and from the several posts, is another item tending largely to swell the expense. It may be that the expenses ofthe Quarter-master's and Commissary Departments have been increased by mal-administration on the part of the numerous agents; and to ascertain the facts, a rigid scrutiny has been directed. The department has reasons to fear that its appre hensions in this particular are not altogether un founded. From statements carefully prepared by the different bureaus ofthe department, it appears that the increased expenditures in the army re sulting from our newly acquired territory, (in cluding Texas,) amounted to $4,556,709 75. Attention is called to the inadequate appro priation made to the Quartermaster's Depart mentat the last session, which will have to be ; supplied at the present session. • The Secretary, to carry out the wishes of Con gress, to reduce the expenses of the army, has 1 cut down the number of enlisted men in the or- 1 dinance department to the original number of ( 250 from 587, the number in service during the * Mexican war. Six ofthe eight Light Artillery companies existing during the war, have been a dismounted. The original number was lour. Iwo ot those dismounted, however, will be re mounted so soon as means are provided. The r number of clerks and others from civil litis em- i co m various capacities, has been greatly r the i'r?i' 1 cultivation of farms, by troops, at s derahlv ' er , lK,bl^ l f successful, will also cousi- i 1 present expenses. Various other too tedious to mention J have t likewise been made; but the Secretary sayl it is , not to be disguised that a great laxity of expense | and disregard of regulations exists in the a. my- c to remedy which, the department, seconded by : the superior officers, has exerted itself, an d which has so far been successiul that the Secretary ba the satisfaction to announce that the estimates *' of the department for the next fiscal year are J considerably below the expenditures of the present and preceding years. , The expenditures for the support of the army for | the fiscal year ending 30th June last, were $9,060,268 58 The estimates for the next year are. 7,898,775 83 Showing a reduction of $1,161,492 70 There are some other measures of economy which the department would have carried out, had the aid of legislation not been necessary t to enable it to do so. is asked for the Executive to abolish \ useless arsenals; and the previous reeommenda- | tion lor power to enlist men specially as team- \ sters again renewed. The removal of obstruc-! tions in the Red River and the Rio Grande is also suggested, as a matter of economy. But whatever reductions Congress may make, says the Secretary, the expenses must continue to be enormous so long as it is necessary that so large a portion of our troops should be stationed on the fiontier. He therefore suggests that ! every facility and encouragement should be as -11 forded to the formation of a local militia, in which our new possessions, like all the Mexican States, are very deficient. On this subject, the ! Secretary remarks: i “As the first step towards the accomplishment 1 of this object, I would recommend that the Exe cutive be authorised to distribute arms among the 1 inhabitants. lam fully persuaded that the advan -1 tages that would result from the adoption of this measure, in familiarising the people with the use of arms, in inspiring them with confidence, and in encouraging the formation of militia com panies, would more than compensate for the trifling expense that would attend it. The very i fact that the inhabitants were known to be . armed, would tend to intimidate the Indians. , The distribution should, of course, be made with ■ such precautions as would prevent their being r sold or converted to an improper use.’’ > The Secretary is of opinion that policy and hu » manity both require that we should employ some other means of putting a stop to these de predations than the terror of our arms. We should try the effect of conciliatory measures. 1 There is no doubt that the Indians are frequent -1 ly impelled to commit depredations by despair and hunger. The Indians are often compelled by the whites to leave land which affords nourishment to cattle and game, and seek refuge in arid plains and ’ mountains. This is particularly the case in Texas. The United States, as the owners of the public domain, have always acted on the princi i pie that the aboriginal race had at least a right 1 of occupancy in the soil, and when it was needed ■ for settlement this right has been extinguished -by voluntary sale. Texas, on the contrary, as t the owner of all the vacant lands within herlimits f acknowledges, it is said, no such right; and she 9 has, from time to time, taken possession of the ! territory occupied by the Indians, laid it olf into i counties, and proceeded to survey and sell it.— f Nothing could he more calculated to alarm and ■ exasperate the Indians, and to bring about colli sions between them and the white settlers, than : ' the adoption of this policy. That such has been i and must continue to he its consequence, there can be no doubt. It would seem, therefore, to be f for the advantage both of Texas herself and of ' i the United States, that, these Indians should be f left in undisturbed jicssession of a small portion i of her vast territory. The Secretary, therefore, recommends mea- 1 i sures to he taken to furnish, Ibr a series of years, j i food and o! her necessaries to such Indians as will abandon their predatory habits and cultivate the ■ soil. Authentic information, recently received at I the Department, leads to the belief that these I tribes are far less numerous than they are gener ally supposed to be, and he has no doubt (laying i aside considerations of hiunanily) that it would i be far less expensive to feed than to light then}. The Military Academy, which the Secretary ! visited last summer, is highly commended. He ) also visited the national armories at Springfield and Harper's Ferry, and says he cannot speak in i terms of too high praise of the order and regu larity that prevail at those establishments, and of ■ the admirable economy with which they are con ducted. The operations ofthe Bureau of Topographical r Engineers have been various and important du ring the last year. i The survey of the northern lakes, and various 1 other surveys, are referred to as in progress, and f an increase in the number of topographical engi i, neers and commissaries recommended. ■i The site for the military asylum, near Wash - ington, has beer, purchased and as soon as the f titles shall have been examined and approved, - the agreement will be carried into effect. The expediency of creating a retired list of i disabled officers is renewed again, as it will con* • dtice to the efficiency and economy of the ser ■ vice. The act giving additional pay to the officers and men stationed in California, has expired, and it is recommended that it be continued in force, 1 and also be made to include New Mexico. The report closes by referring to the fact that the number of arms distributed to the several States, under the act of 1808, are based upon the number of their “effective militia;” but, in conse quence ot the imperfect returns, the distribution , is very unequal. It is therefore recommended that the number of free white male inhabitants ’ in the seveial States, between certain ages, hereafter be the basis of distribution. —: Later from Utah. —The St. Louis Repub lican, ot the 24th lilt., lias later advices from Utah Territory, but they contain little news of! interest. Elder Hyde, a Mormon, had arrived from the Territory, who confirms the report that | the officers appointed by the Government have left, and are returning to Washington, because j they consider that Gov. Young did not receive them with the respect and honor due to men of ; their rank as branches ot the American Govern , ment. It is the opinion of Elder Hyde that had . they remained a little longer all difficulties might . have been honorably settled, f The Guardian, a paper published at Ranes ■ ville, and edited by Elder Hyde, contains an en ergetic appeal “to all the Saints in I’ottowatto mio," from Brigham Young, Heburt C. Kimball and Willard Richards, in which they state that they have sent Ezra T. Benson and J. M. Grant for the special purpose of counseling and assisting them to go to Salt Lake city, next season, “and fail not.” All are commanded to come—“there is no more time lor Saints to hesitate what course they will pursue.” It is said that they can go to Salt Lake with much less difficulty 'than the Pioneers had to contend with. “Therefore we wish you to evacuate Pottowottomio and’ the States, and next Fall be with us, all ye Saints of the most High, and it shall be well with you if vou will keep all the commandments.” “How long will the Saints in St. Louis remain where they are. l Arise and come with the saints of Pottowattomio, and you shall be blessed.” This appeal is seconded by Elder Hyde, who urges a general emigration to Salt Lake, whither lie is going in the coining year. Mr. James Monroe, agent for Reese & Co., was shot by Howard Egan, near Bear rrver. while on his way to Salt Lake with a train of goods. Egan had been absent in California, and Monroe had seduced his wife. For this offence Egan killed him—returned to Salt Lake city amt gave himself up to the officers of law. Returned from California. —Many from our county have returned, whose names vie can not remember, and of whose acquaintance we have not the pleasure. We notice, however, recently, of our townsman who went from here something over eighteen months since, Messrs. 1 Cumer. Worley, O'Conner and Thornton, who 1 we cogratulate most cordially upon their safe re- 1 turn; and for their success in the mines. The former made some 3 or 4000 dwts. while the * latter realized some 7 or 8000. The Messrs 1 Summerour, who were of the same company. 1 are still more fortunate. * Mr. J. B. Gordon, also of this county, brought i for himself and others,ll3 pounds ofthe "dust.” Delohnaga Signal , 4th ins/. ( In New York, on Monday evening, one of the ward school houses was discovered to be on tire. There were nearly six hundred children and oth er persona in the building at the time.but through the presence of mind and firmness of those who had charge of them, they were dismissed with out the slightest injury to any one. (From the Dalton Timet , 4th inst. Disastrous Fire in Dalton. On Thursday night last, between 11 and 12 o'clock, our citizens were aroused from their quiet slumber, by the cry of Fire! Fire ! 1 and the I ringing of bells. The Fire was first discovered in the ware house of C. B. Welborn, which was, at the time, filled with Corn, Oats, and a great quantity of combustible substance. The fire spread rapidly, and the Dry Goods Store, of Mr. Welborn which was connected with this house, was soon in flames, though a small portion of its contents were saved by the indomitable perseverance of our kind hearted citizens. From this building the fire was communicated to the store of W. L- High, the store of A. J. Lane, the House of Mr. Collins, occupied by Alvin Armstrong, as an Agricultural Depot, and Messrs. Roberts and ! Long, as a wholesale and retail Grocery. These buildings formed one block, and they i were all consumed. The Grocery of Messrs. Lynan & Weir, was next discovered to be on ; fire, and was soon in ashes. Here, owing to the 1 great presence of mind and energy of our citizens i the fire was stopped, but not until it had razed to i the ground the most beautiful portion of our city. | Mr. Welborn’s loss was very severe, nearly all l of his goods were consumed and no insurance on them. Mr. High, lost a great many Goods, but | his House and Goods were all insured. Mr. ! Lane's House was a total loss, his Goods werein ■ sured. The House of Mr. Collins was insured, and its occupants, Alvin Armstrong, and Messrs, i Roberts & Long, saved nearly all their Goods, j &c. their loss will be small. Messrs. Lynan and Wier, saved a good many of their Groceries, there was no insurance on the bouse. Their loss will not be very much. Before we close this article, we must say some thing in regard to the noble and praiseworthy conductofour citizens, in aiding to extinguish the fire. Men never worked harder or displayed more bravery and noble heartedness, than they ! did on Thursday night. When the flames had taken hold of the roof of j the houses,and inall their awful grandeur seem i ed to bid defiance to the power of mail, with a i shout of encouragement, the men would rush amid the burning buildings and soon return load ed with goods. In what high estimation f hould we hold the man that would thus risk his own life to save a fellow creature from suffering. We 1 would cheerfully give the names of all who thus ! ac *d, but tor fear some should have escaped our ! notice, we will not—They all worked like men whose action but obeyed the promptingi. of a no | ble heart, and they deserve the thanks of our I whole community. ! I*. S. Since writing the above,we learn that a ' trunk c mtaining the notes, accounts and books ! of John Thomas, was burnt with the store of Mr. ; Lane. Correspondence of the Baltimore jimerican. Thirtjr Second Congress—First Session. Washington, Dec. 3, 1831. SENATE. lion. Mr. Stockton, of New Jersey, appeared i to-day and was sworn. A number of notices of bills were given. The joint resolution of Mr. Foote, making ar ' \ rangements lor the reception and entertaiument -1 | of Kossuth, was taken up. ; i Mr. Foote moved to fill the blanks so that the j Senate committee should consist of three Sena- I tors,and the Houseof five members. Mr. Dawson op|>osrd the resolution. Such honors were never conferred on any one belore. I save Lafayette. Kossuth was in noway identi -1 lied with this Government, or 1 as was Lafiyette, Kossuth was a great man, and ' all sympathised with him, but he thought enough had been done by sending a national vessel tor ‘ him to show our respect, See. He had nothing against Kossuth, but he objected to the manner , of extending him this great honor. Mr. Hale proposed to amend it by adding to it that the committee assure Kossuth of the sympa " ttiy we feel for all victims of oppression, and that ft is the earnest desire of this Government that ‘ the day may shortly arrive when the rights of man may be universally recognised and respec- Mr. Foote replied to the objections of Mr. ’ Dawson. Kossuth was pre-eminently distin ! guished lor all the virtues of warrior and states man. Kossuth had been invited to our shores, ’ and it was proper that something be done to ■ I provide lor his reception. He denounced the amendment suggested by Mr. Hale as the result jofa desire to lasten upon this resolution the ! peculiar notions of the base and miserable faction : who had been laid bare by the recent legislation ] of Congress. Mr. Hale replied, defending his amendment. Mr. Foote rejoined, and said that the Senator 1 from New Hampshire could not deny that the purposed object of his amendment was to obtain | an expiession of sympathy for a certain popula tion in the Southern States. 1 | Mr. Cass followed in support of the resolution • ' and in opposition to the amendment, as improper ! and unjust. Mr. Underwood addressed the Senate in op | position to the resolution. He was opposed to ~ all interference, by resolution or by act, with the I affairs of other nations. I Messrs. Foote, Cass and Underwood made ex | planations, and then, without taking the vote, j the Senate adjourned. ■ ; HOUSE OF REPRESENTATIVES. f Among the Bills, the titles of which were read j by the clerk as having been introduced yester day, was one for bestowing on Louis Kossuth. ■ the privileges of a citizen of the United States. Mr. Harris, of Tennessee, moved a Joint Reso lution, explanatory of the Act of ISSO, granting bounty lands to discharged soldiers, having for its object to permit the sale and tiansfer of lands, previous to settlement thereon, and providing for the remuneration of persons appointed to survey the same. Ihe latter part ot the resolution con flicting with the rules of the House. Mr. Harris proposed to modily it; which produced a short discussion, dining which half past twelve arriv ed, and members proceeded to draw for seats. The House having resumed, Mr. Richardson of Illinois, said although he was disposed to doubt the propriety' ot the Speaker having the appoint ment of the Standing Committees, yet he should propose the usual resolution to that effect, which was carried unanimously. Mr. Harris not being allowed to modify his Resolution relative to bounty lands, moved that the House go into Committee on the State of the Union; which was negatived. The amendment which had been proposed on a former day, to the resolution, authorising the clerk to provide papers for members, to the amount of silty dollars, again came up for discus sion; and the ayes and nays being ordered, there were 53 votes in the affirmative and 139 in the negative. Mr. Stanton of Kentucky then moved forty five dollars, which was carried. Mr. Hamilton, of Maryland, moved to lay the resolution on the table—negatived. The ayes and nays being called on the passage of the resolution, there were 87 in the affirma tive and 10S) in the negative. On motion of Mr. Richardson, SI Kentucky, the House resolved to adjourn over till Saturday next, to enable the Speaker to appoint the Stand ing Committees. A committee was appointed to inquire into the practicability of providing seats for the Con gressional Reporters within the Bar. On motion the House adjourned. B AGGING, MOLASSES, LARD AND FLOUR BALES heavy GUNNY BAGGING. 1 eJU 35 bbls. N. 0. SWEET MOLASSES. 10 do Choice LARD. 20 do Superior Family FLOUR. Forsaloby doo 3 6 A. LAFITTB. |1 AUGUSTA, GA. SUNDAY MORNING, DECEMBER 7. Editorial Correspondence. Mili.edgevii.le, Dec. 4, 1851. Abuse of the Pardoning Power by the Legislature. I The lavish use of the pardoning power, by his j Excellency Gov. Towns, has been, not ground | lessly, the theme of criticism and censure.— ■ Many culprits were turned loose upon the coun ty, after too short a probation in the Peniten tiary, to give assurance of their future good be havior. In other cases, reprieves were granted to four persons, under sentence ol death, for the crime of murder, of which they had been duly and fairly convicted, and their cases have been up before the Legislature lor a lull and free par don. In the case of Norris, the bill for his par don failed. It received but two votes in its fa vor. All the other three have been pardoned, and it is fairly presumable that Norris would have been also, had he been in custody, and if the failure of the bill, for his pardon, would have resulted in his being hanged. But he had broken jail and fled to parts unknown. The Senate, therefore, donbtlessly thought it a waste of sym pathy, and of clemency, towards a man so far distant, and who would not appreciate the one and stood in no need of the other. But in the other cases, which really seemed as destitute of i merit — cases having, so far as l could see, as j little ground of justice, or of an enlightened ' clemency, as has been brought before the Legis lature of Georgia in many years—there was no hesitation in turning loose upon the bosom of society. I send you a communication signed “ Specta tor,'” handed me a day or two ago, by an elderly and respected gentleman, whose partialities for his old friend, Gov. Milledge, have led him into rather a warm eulogy of his son, Col. Milledge, and whose kind heart has rather, we think, led him astray, in the indulgence of a morbid sym pathy. I send this, not alone because it is agreeable to me to give publicity so a compli ment to a gentleman who is deservedly popular among his constituents, but because it furnishes pat to my purpose—an illustration of the undue influences brought to bear upon the Legislature in deciding upon these applications for pardon in cases of murder. There is, in the case of Cor net, a confession, that the question of guilt or innocence, would have had nothing to do with the decision of the writer, had he been entitled to a vote. Now, “ Spectator” is probably not more superabounding in sympathy for the dis tressed, nor more blunted in judgment to the just claims of society, for the rigid enforcement of the criminal laws of the land, than the gen eral average of the men that make up our legis lative bodies. He is a man of admitted intelli gence, as well as a man of piety and amiability. Though not a member of the Legislature, he is possessed, in quite as high a degree of the quali ties. mental and moral, which go to make up a valuable and useful Legislature, as many of the most conspicuous and esteemed members of that body. Yet, even he, and such as be, taking his own confession as proof, are not fit to be trusted with the pardoning power in capital cases. . The object of punishment for offences coin , mitted, is the prevention of crime —an object : worthy of being effected and entitled to the ac tive sympathy and aid of every good citizen. If ; punishment has this effect, it ought to be inflict i ed, and he who, whether in office, or as a private t citiien, interposes to prevent this, should feel I that he does so under a grave responsibility. If convinced that the person for whom he inter poses, is not guilty, this, of course, justifies inter position. But sympathy for the innocent, who stand in tender social relations to the culprit, and ' who will be greatly afflicted and bereaved by | his punishment, is not a justification, nor is the indulgence of it to the extent of interposing for a pardon, any thing short of weakness—amia ble weakness it may be—but still, inexcusable— and oftimes highly censurable. If sympathy, for the innocent, is a good ground to pardon the guilty, then no criminal should be punished ; for none there are, however depraved, so abandoned by the world—so cut off from every endearing tie which makes life sweet and desirable, as that no innocent heart will throb with anxiety for its fate—no gentle eyes be suffused with eloquent tears—no little hands be raised in supplication for his pardon. 1 There are claims, too, of sympathy, for those innocent hearts of mourning relatives, bereaved 1 by the assassin's hand, whose relentless knife or ! pistol, has desolated a once happy fireside, and driven forth, a helpless widow and orphan chil- j dren, homeless and houseless, upon the cold 1 charity of the busy world. Ihe claims of the peaceful citizen, who dis charges all the duties incumbent on him as such, and pays his taxes for the support of a Govern ment which is bound to protect him in the en joyment of life and limb, are not to be overlook ed. Here is ground for a far-seeing and enlight- i ened spirit of justice, of mercy, and of sym pathy. The rights of that citizen are infringed— his personal safety endangered—his life less safe—by every new instance of unpunished murder—by every addition to the number of convicted assassins and cut throats turned loose j upon the community. After these general comments, I am content ' to close this homily, by referring to the evidence in the cases of James Johnson and G. D. Cor net, convicted of murder, and pardoned by the Legislature, together with the yeas and ! nays, which I send, and which I wish published. ! The yeas and nays, in the case of Brinkley Bishop, I also send, but the evidence is rather ! too voluminous for publication at the same time, j But the merits of this case may be judged by i the fact, that he was twice tried and twice con- i victed of murder. Convicted once, he obtained | a new trial, on a technicality, and was again 1 convicted. Turies, in Georgia, rarely if ever, convict innocent men, especially men charged j with murder. The presumptions are overwhelm- j ingly in favor of the justice of all such verdicts. • As in the case of Williams, of Richmond county, convicted of the murder of Whitlock, ! , and pardoned by the Legislature of 1847, so in t the present cases, the opinion prevailed, that the i Legislature possessed the power, by the Consti- ' , tution, to pardon, but not the power to com- i , mute punishment. The opinion was entertain- ] \ ed, by many, that two of these applicants for f pardon, were guilty of voluntary manslaughter, j and not of murder, and deserved confinement in ' r the Penitentiary. If, therefore, it had been con- j I sidered in the constitutional competency of the Legislature to commute the sentences of Bishop and Cornet, by placing them in the Peniten tiary, probably their cases would liave taken this direction. In the case of Johnson, it appears that a doubt existed, or might have been reasonably enter tained by some, whether he fired the pistol, j which killed deceased, by design or accident. It j was in proof before the Legislature, that a daugh- ! ter of deceased, who was a principal witness against defendant, had since stated that she believed the pistol was discharged by accident. Few, however, actually btlitve that it wat acci dental. The action of the Legislature on these and past cases, must convince reflecting minds that it is not a proper body to be entrusted with the absolute power of pardon in capital cases. Many, when thoroughly convinced of the guilt of the culprit, will, from tenderness of human life, vote to pardon. The responsibility of deciding, under oath, according to evidence, is not imposed on them as with a jury impannelleJ to try the case. The responsibility of turning loose a convicted murderer, does not weigh very heavily when di vided among so many. It would, as a general rule, operate much bet ter to throw the entire responsibility of grant ing pardons for capital ofFences, upon the Ex j ecutive. The power of granting pardons, should be either taken away, absolutely and entirely, or it should be coupled with the power to commute punishment. We feel entirely safe in the pro ; diction, that a murderer, however atrocious the circumstances of his guilt, if he have a pratty wife and an interesting family, or if he be bless ed with a few active friends, who can frame a plausible apjieal to sympathy for survivors who would be overwhelmed by the bereavement, would be safe from the rope if his fate depended on the voice of the Georgia Legislature. G. Legislative Proceedings. Mtlledgevillk, Dec. 4, 1851. The consideration of tho bill which was tha principal topic of debate on yostorday afternoon, | was resumed to-day. Soreral members participated in the labor of improving and porfocting the bill and substitute reported by tha Judiciary Committee- I send you a copy of both, that you may spread thorn before your roaders, should you think it ad visable before tho final action of the House upon them. From present signs, 1 would not be surpris ed at tho consumption of the remainder of this week in tho making of olaborato speeches on tho merits of this bill. It is a fair prosumption that Mossrs. Seward, McDougald, Tift, Russell, Robinson, of Macon, Mobley, Henry, Meriwethor, Hill. Har per, Bartow and Junes, who have all had more or less agency in bringing tho bill to its present shape, will be prepared to deliver some views upon it, when it shall have come up on its passago. In order to hasten the action of the House, and bring up the main question at once, Mr. Ilarpor moved to postpono tho substitute of the Judiciary Committoc, indefinitely. Whereupon, an interest ing and animated discussion sprang up between Messrs. McDougald, Harper and Meriwether on one side, and Mossrs. Hill, Seward and Bartow, on the other. Tho voto boing taken, the yeas wuro 57, nays 58. t I I semi you a copy of tho report of the Superin- I tondant of the Lunatic Asylum, which, you will f , find, ou perusal, to embody some useful suggestions . I in regard to tho policy of our State towards this , | institution—a proud monument of her bcnOTolent I | and philanthropic intentions, I have had tho I pleasure, through tho.eourtesy _of its efficient and intelligent Superintendent, of a personal examina tion of its internal regulation, organization ai d j management, and take occasion to bear tostimony to l the successful ability with which it is controlled in all its departments. Cleanliness and order in ns ' ■ several apartments, cheerfulness and contentment ! marked in most of tho countenances of its inmates r ! —with fewer exceptions too, than ono would eipect ■ ; to find among this class of our unfortunato fellow . creatures—meet tho satisfied visitor wherever he | may move. The institution is susceptible of nu ' merous improvements before it can be regarded as I occupying that enlarged sphere of usefulness origi . nally contemplated by its humane and charitable p projectors. It is earnestly to bo hopod that the j representatives of tho people will bolievo tho public mind to be prepared in sustaining them in any lc ! gislative effort they may make to build up tho State Asylum on a scalo worthy of a great, growing and . onterprising State, a liberal and enlightened people, I and a Christian ago. Tho Senate did nothing more than pass bills of a local character, and read bills of tho House the j first and second times. Three o’clock, P. M. I send you tho printed report of tho Committee appointed to examine into tho affairs of the Deaf and Dumb Asylum, and also the bill reported by them to incrcaso tho appropriation to that institu tion. I suspect the fnvorablonoss of tho report is, in a great measure, predicated upon an examination of Leaf Mutes, conducted, a short time since, by Mr. j Fanning, the accomplished Principal of tho Asylum, in the presence of a large attendance of members of tho Legislature and other citizens. I was pre sent at that exhibition, and feci no hesitancy in avowing my high gratification at the proficiency es the pupils, and the wonderful pationco and eminent success of the instructor. j When wo come to cstimato the incalculable J benefits resulting to an interesting and unfortunate ! class of persons—when we reflect, that channels I havo been opened, through which vaiuablo know j ledge may bo poured into their minds—when we | become fully cognizant of the fact, that such iusti j tutions as the one under consideration, furnish the j mcans of Withdrawing immortal souls from the fields j of nonentity, as it were, and bringing them almost j t 0 an equality with the most highly favorod of us. I' n t * le knowledge of their capacities and destinies, I wllat heart doos not overrun 'with gratitude to the : Supreme 'river *1 all good, that ho has furnished ! us with methods by which wo can elevate tho con j dition and add to tho happiness of the unfortnnatc Luring tho progress of tho aforesaid exercises, tho audience frequently manifested tho high degree of their satisfaction, by involuntary bursts of en thusiastic applause ; and I have no doubt, that had each one present been called upon to contribute towards the support and education of Leaf Mutes, he would have given vastly more than tho smai tax that might bo required ofhim by law, to extend the capacities of the Institution. The House concluded the amendments to the bil to prohibit tho importat ion of Slaves into this State and on motion, the amended hill and substituti were ordered to he printed, and are the special ordc. for Monday next. Tho bill for tho government of the State Road received its second reading, and is the special ordci for next Wednesday. L. I Book Table. ~ Messrs. Geo. A. Oates & Co.,have laid upon ou, table the “ Reveries of an Old -Maid,’; embracin ■ important hints to young men. Illustrative o °t the notable arrangement of that celebrated es tablishment, u Capsicum House.'’ This work ia embellished with forty-three engravings. A glance at them is sufficient to excite a desire to glance at what is said in the book. Young men ought certainly to be desir ous to receive u important hints,” and youn*. ladies are very apt to wish to know what those hints are. We can say nothing as to their merits, as we have not time to examine them. Also, " Dan Marble, a Biographical sketch of that famous and diverting humourist, &c.. with reminiscences, comicalities, and anecdotes. &e._ By Falconbridge, author of Provincial Drama. Scenes in Prairielands, &c.” The title page contains this very true and expressive proverb: “ One laugh is worth a hun dred groans.” A Good Yield. A letter from Mr. H. P. Mattox, who resides at Pleasant Hill, in this State, mentions that on one acre of his bottom lands he made this year eighty eight and a quarter bushels Corn. This is hard to beat. Theatre. To-morrow is the last night of the season, when the tragedy of Damon and Pythias will be repeated, “Who speaks First,” is the afterpiece. Harper s New Monthly Magazine, for the current month, with its usual variety of choice selections, its elegant embellishments, and fault less typography, has been laid uponjour table by Messrs. J. A. Carrie & Co., who have it lor sale. \\ e know of no periodical in our country which more successfully combines the utile et duke , or is more worth the patronage of the lovers of pure, elegant, and useful reading, than the New- Monthly. Get you a copy. The above Monthly has also been received by Messrs. Thos. Richards & Son. Segars. We have been presented, by Messrs. Girar. dky & Parker, with a sample of La Estrelle de Pihja.a fine flavored Segar. They keep on hand a good supply, and those in want of a good st ride, would do well to give them a call. (COMM U N rc A T F D.) Milledgevii.lk, Dec. 2, 1851. The House of Representatives has been en gaged the greater part of this day in considering the case of Cornet, of Morgan county, who was convicted of the crime of murder, sentenced to be bung but respited by the Governor until the pleasure of the Legislature could be known.— This case has excited considerable feeling among the legislators of the land. An impression pre vailed among many that Cornet had not received a fair trial; that the community in which he lived was excited against him—and indeed it has been intimated that if the Legislature should pardon him the people of Morgan would oppose it by force, and hang Cornet at any rate. These cir cumstances all operated in favor of the criminal. The modest demeanor of his wife, who with Lei little boy sat in full view of the members, served to increase the interest in this case. The devo tion of woman. What a theme ! “Oh tell me what is woman’s love, That still it will burn on. When faith and vows are broken all, And even hope is gone. It slumbers like volcanic fire While all is ico above, Consuming still unseen the heart: Ah this is woman's love.” Mrs. Cornet has left her cheerless home and repaired to Milledgeville to be present on an oc casion which was to decide the fate of her hus band. I venture to express the opinion that had she remained at home the result of Cornet’s ap plication to the General Assembly for pardon would have been unsuccessful. And yet his wife did notspeak, as far as it is known, to hal 1 a dozen members. There a modest, pretty wo man sat, with her little son, I believe deaf and dumb, occasionally wiping the tears from her eyes. A pretty woman in tears and the life of her husband at stake ! Who would resist such influences I I believe it is the commion opinion that Cornet was only guilty of manslaughter; but had he been guilty of murder, murder too of the most aggravated character, I could not, under the state of feeling in which I was to-day, have consented to his execution. Among the gentle men who address the House on the subject, were Mr. Hill from Troup, and Mr. Floyd from Mor gan. Both of these gentlemen in able speeches contended that this case was not a proper case for legislative interference, that as wilful mur der had been committed, and that justice de manded the punishment of Cornet. On the side of mercy were Mr. Russell from Lumpkin, Mr. Thurmond from Jackson, Mr. Mobley from Harris, and Mr. Milledge from Richmond. Never did poor criminal have more earnest, more able advocates. I was particularly struck with the speech of Mr. Milledge, and if he speaks on all subjects as he did on this, the citizens of Rich mond county have good reason to felicitate them selves on having so able a representative. Mr. Milledge is the only surviving son of Governor Milledge, the devoted friend to Georgia in the . time of her greatest need. It was pleasing to f< see his son in the Capitol of the State.bearing the honored name of his father, eloquently pleading for an unfortunate man who had forfeited his claims to life by a violation of his country's laws. I do not say that Mr. Milledge’s speech saved Cor net’s life, but this I affirm, that it contributed in a great degree to change the feelings of many who were disposed to vote against his pardon.— Mr. Milledge is a forcible, impassionate speaker, and produces a good impression in the House. — This was evident by the silence which pervaded —by the sober look—the tearful eye. It was an eloquent appeal. The vote wasjtaken. Cornet was pardoned- And never did votes fall more sweetly upon hu man ears than when the Speaker announced For his pardon, ayes 63. nays 38. SPECTATOR. NEW WORKS FOR CHILDREN. NO Such Word as Fail, or The Childrens Joar noy. By Alice B. Neal. Little Gift Book, by Cuclo Ainerel. Child’s Story Book, “ “ Summer Holidays, *• " Christmas Stories, “ “ George's Adventures, “ “ Winter Holidays, / “ Just published and for sale at GEO. A. OATES A CO.’S, deo 6 Piano, Book A Music Depot, Broad-st. Ha rper 7 * magazine for decjember has been received at GEO. A. OATES A CO. 3 Piano, Book and Music Depot, Broad-st. .subscri ber* will pleas* call for thoir copies. deo 6