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Governor’s Me^age- Emcitivb Department, ) Milledgeville. January 15‘h, 1860. ) Senators and Repsentatives : Accept my greeting upon the resumption of your duties, after a brief ree ss. During that interval, supposed by some to bo fraught with peril. although there have occurred, in different localities, shocking exhibitions of crime, we have witnessed no general or con certed disturbance of public tranquility. Doubtless this exp« rience will awaken in all hearts renewed gratitude to, and trust in, an overruling Providence ; and encourage per gistent tffjrt to recreate from our recent chaotic condition, social order, and prosper ous domestic economy. Within a week after your adjournment, his Excellency, the President of the United States was pleased to relieve of bis trust the late Provisional Governor, and to remit the Gcv eremont of the State of Georgia into the hands of the chosen agents of the people. This was certainly a cheering advance in hia restora tive policy, r.nd illustrates both the kindness of his purposes, ad the wisdom of your patient, writing and prudent action. During nearly the whole period of your ab sence from the Capital, the Congress of the United States .hat* likewise been in recess, and there h ive therefore Ir en no decided de monstration of the policy that will be pursued by that branch of the Federal Government. But enough has transpired to justify the ex pectation, that not many months will elapse before our peop'e will be represented in the Halls of Congress. As surety as the laying of a foundation gives promise of a superstructure, just ao surely are we guaranteed an early resto ration to all ol our tights as members of the American Union. In popular governments, the highest legis lative function is that of framing or altering a written constitution. History furnishes no record of a people, not only permitted, but urgently invited, to participate in the exer cise of this high function, actually exercising it, and then arbitrarily denied participation in the ordinary legislation sprirging out of it An amendment of the Constitution of the Uni ted States has been proposed by the Congress, in the mode prescribed by that instrument, to the Legislatures of the several States, and its adoption depended upon the concurrence of tt>e Legislatures of three-fourths of those States. These bodies assumed, seruitim, astLey came Into session, to act upon it; those SiateH which had never separated or attempted to separate themselves from the IJoiou, and whose govern ments, therefore, had never sulfered disorgan isation, acting first. A point was reached when a concurrence of the requisite number had not been attained, and possibly might not t>o. At this juncture, States, situated as was Georgia, were one after another getting again into an organized condition ; and their Legis latures, upon their assemblage, were distinctly invited, bv 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 gone forth announcing for maliy, ibat the proposed amendment had been adopted by the Legislatures of three-fourths of the States, the names of which are set forth. In this catalogue are embraced Georgia and several other fStates not recently represented in Congress, hut now prepared and desirous to be so represented. Strike their names from the catalogue of (lie proclamation, audit would have no constitutional basis upon which to rest. If those States be not in the Union, the Federal theory, upon which the war was waged is wrong—and they could not rightfully have voted on the adoption of the amendment. Yet their votes were distinctly solicited, have been counted, and have given it the desired sanc tion. Shall it be said of a Confederated Republic, that certain States were in the Union for one purpose, and out of it for all others—-that whilst invited to paiticipate, and actually par tieipating, iu the making of fundamental luw, they were incapable of participation in the most trivial act of ordinary legislation—that whilst they, with other States, ordained that certain things be done by the National Legis lature, they can have neither part nor lot iu tho doing of them? Imagine the criticism upon republican goverumdht which such a state of things would evoko from monarchisls of the old world. Let us not anticipate Ibis result. It would bo too great ao outrage upon the ex cluded State—foo disturbing to the self-respect of the actors—too damagiug to free institutions —if not too h'gh a crime against them, at least too conspicuous a Blunder in the legislation of their chief exemplar Such au idea may pos eihly possess she minria of a few persons, hav ing peculiar intellectual and moral idioey ncracies. but t-uiely, will never control the [ac tion of the Corgress of tho United States Then, let us not be so uncharitable as to har bor the suspicion. Being recognized Constitu tion makers for tho Union, we shall be, ere long, legislators in the Union. I have said thus much on the suiject, because of the dis quiet it produces iu the public mind, which I would f*in aid in allaying. REPORT 01' TUB COMMISSION. The Commission appointed by the Conven tion which met iu October last, to prepare for your consideration a code or system of laws for the government and protection of persons recently emancipated from slavery, and for other purposes, have reporter], and I transmit a copy of their report herewith. Without dwelling upon its provisions in detail, I take great pleasure in commending it, as a whole, to your most favorable consideration It is just and liberal, as it should be, to the freedmen. It is safe, as it should be, to the citizen. It extends no political rights to the former] but it gives ample security to his rights of person nud of property. Like a great majority of the (States which never admitted, or have long since abolished slavery, we are wholly a verso to investing him with political rights aud priv ileges. For that very reason, we are under the highest conceivable obligation to protect bim in his rights of person and property, and to aid, by all just means, bis advance in civil ization. This aul we gave him, this advance we effected for him, whilst in slavery. Why should it bo withheld now ? Wnilst we insist upon occupy ing, in relation to those persons, the position of the governing class, let us fully and ! airly meet its responsibilities. W itb tho original report, I also transmit a copy of it with alteiationa fugge3;ed hy the commissioners themselves, upon revision I invoke for the product of their labors careful examination, divested of all lingering preju dices. The commissioners have earned your gratitude, as well as the compensation sug gested by tho Convention, which it will be your pleasure to in ike. TUB WESTERN AND ATLANTIC RAILROAD. This very valuable item of State propertv has, as you are well aware, suffered great det riment from the war. Tho Government of the United States, upon taking possession ot it through the militaiy authorities, made such repairs i.s was necessary to make it available for their own uses, but these were not of a per manent or substantial character Wheu de livered to tho State authorities in September last, not only was the condition of tho road iiselt bad. but there was an almost entire des titution of ro'ling stock, machine shops for re pairs of locomotives and cais, material to be vsc .i io them, ordinary supplies, and luel. The report of the Superintendent (which will be laid before you as scon as received) will in form you that ho purchased of the articles above enumerated from the United States Gov eminent, upon tho terms stated, a very con siderable quantity, the cost of which was a little short of four hundred thousand dollars Although this purchase involved the as sumption of a large discretion, when it is con sidered that there was at the time no higher authority emancipating from the people which could be consulted—that, without the proner ty purchas'd, the road, so necessary to com merce and to the supply of the wants of the people, con’d not have been operated—that it ccula not have been purchased eisevhere on a credit, aud therefore not at all—and that eveu in its dilapidated state, the road, in the short space of two months, yielded a net: in. come exceeding one-half lhe amount of the purchases—the wisdom of the act will be ful ly exemplified- But large as is this outlay, it tails far short of what must yet be expended to repair the damages, and put the road in a condition to meet the demands upon it <a the transporta tion of passengers and freight. Several of the largest bridges were destroyed, and must be rebuilt, three of the temporary structures erected to supply their piacts have been either swept away or greatly damaged _by freshets doting your re.-ea*, so that n trains can now run continuously between Atlanta and Chatta nooga. Diily communicaiivn in both direc tion; is Indeed maintained, but at much trou ble and expense, ani with greatly diminished income. The night trains are now un-void. - bly dispensed with. I doubt no* you wit! le a imoni.-hed, by this unfortunate neurit, cf the necessity of ciakitg speedily such expenditure as will eff-ctuaily prevent its recurrence. The funds neceesa.y to the object must be raised upon the credit of t:;e S’ at-.'. So soon as I am furnished with r-n estimate cf the pro bable cost, I will lay it before you for consid eration. You will, lam purguaded, feel no hesitation in incurring such debt as may be necessary for the purpose, in view of the as euranc • furnished by its past operations, that the road will soon work out its pwn redemp tion, and then resume its suspended function of feeder to the trea-ury. Nothing now s needed to make it a source Or immense rev - nue, than solid, permanent impr ovemcats, motive capacity corresponding to its po-itirn in connecting lines of rail road, a r d skiLful management. All this Georgia can supply, and will, without unnecessary delay, if true to herself. The last mentioned condition of its success, skillful management, demands present consi deration. Although I shonld derive from it incalculable personal relief. I cannot concur in the suggestion, that the ni magement great public interest should 1 ■ transfer. . board ol CoiumisMoneis, to . electee people, or by the Genera! A scmbly chirging the responsible duty of “g from time to time information of th the Republic, and (of recommending to you* consideration such m-asures as I may deem expedient,” I shall yield neither to sugges tions of morbid delicacy, nor to the fear of being reproached with lust of power. A ln discussing the relative merits of the present and th • proposed schemes for the man ag men; o! she road, both ol which have been brought to the experimental test, the former finds abundant support in the fact, which I think will scute ly be contested, that jho greatest success has been achieved under it. But I rest not the argument on this alone. With a Board of Commissioners, you will have divided responsibility, divided -counsels, bickerings, eliminations and recrim inations, and the inevitable loss of respect tor the immediately controlling authority, Be that authority vested in one, or in many, he or they exorcising it mnst be so compensated that other avocations may be entirely aban doned, and she whole time given to the work If there be several inadequately compensated, each will look to some other employment to supply his deficiency of income, and to his associates to supply his dtficiedcy of attention to their joint trusr, and thus a greet interest will receive little failhiul supervision. All cannot be adequately compensated for the yielding of their whole time, wilhout incur ing enormous expense. This, however, is the least substantial objection. It will he coi.caded that capacity for the management of so vast a businr S3 can only be fully ascertained by trial. Whoever may be entrusted with it, or however appointed should be subject to removal instantaneously that in capacity, or infidelity, was developed; and usu ally the powers of appointment and removal are placed together. The people, in the nature of things, could not exercise the removing power. The General Assembly are not in ses sion cne sixth of fho time, in an average of years, and when in recess, cannot convene of their own pleasure, and therefore, are unfit de positories of the removing power. II this were separated from the appointing power and vest ed in the Executive, (supposed to be always in place,) difficulties still present themselves.— First, there would be danger of antagonisms arising between the Executive and Legislative Departments, or between the former aud the great body of people, which would be unfortu nate. Stcoudiy, vacancies made should be speedily filled, but this only be done by giving to the Governor the pow«r of appoint ment for an interval longer - r shoiter, aceoid ing to circumstances ; and thus by a free exer cise of the power of removal, ho might at last draw to himself, in a good degree, that of ap pointment. This, too, would occasion jealousy aud dissatisfaction. To my mind it seems abundantly clear, that system iB the best, for such an enterprise, which most certainly Axes personal responsi bility, and most effectually secures prompt re moval, tor incapacity, or faithlessness. Thts is attained by having all the responsibility ot superintendence centered iu one—and all the responsibility of his appointment 1 and contin uance in office, centered in another, himself immediately accountable to the people. The qualifications for superintendence and management of such a woik are by no means common, and cannot be stcured without ade quate compensation. Lack of qualification cannot bo supplied by ithe mere multiplica tion of employees. Less than one half the aggregate salaries of five, and but litt e more than half the aggregate salaries of three com missioners, placed at the lowest rate that would command very moderate ability, would doubtless secure one .Superintendent of high capacity. Hoping that the great importance of the subject will be regarded a sufficient reas on for giving it so large a rpace in this com munication, I leave it, with the respectful re commendation that very little, if any change be made in the present system, and that the salary of the Superintendent be increased to such extent, as,.iu your judgment, will secure the highest capacity for the position. I earn estly request early action upon the whole sub ject, that there may be uo unnecessary delay in putting the road on the proper basis. Tnß PENITENTIARY. Fublic opinion seems to have been greatly divided upon the expediency of the Peniten tiary system. The burning of several of the buildings appartment to ’.hat institution, by the United States’ forces in their progress through the State, has turn -bed its opponents with a favorable opportunity for attack. The h'stovy of pnnitive justice in the United States, and iu Great Britain, trom which coud, try our ideas of jurisprudence, civil and penal have been mainly derived, clearly developes through a series of years a perceptible reces sion from sanguinary and degrading punish ments For these have been substituted pun ishments of decided severity, but redeemed by their connection with reformatory appliances. Chief among them is solitary confinement at hard labor, for a term apportioned to the character of the offense. This, which makes the Penitentiary system, has been generally adopted in the States of the Union, aud sel dom, if ever, abandoned after trial. Its in troduction, always makes a very marked change of system, and I am inclined to think that the disappointment so often expressed iu Georgia with its results, has been occasioned mainly by unreasonable expectations enter taiued in its iuceptiou. Thewitofm3n can devise no scheme of positive justice which will prevent the com mission ot crime—uuder any system the crim inal calender wi 1 increase with increasing population. If the system which has so long existed in Georgia be abandoued, what shall shall replace It ? lam aware of no other sag gestica tban a return to that which preceded it About thirty years 6ince, the General Assembly cf Georgia made this experiment, but the scenes of the whipping post," and the pillory, and the exhibition in open court of the red hot brand, burning infamy into human flesh, produced in one year such a revision of popular feeling, that their immediate succes sors undid their work, aad restored the Peat tentiary. It may well be questioned, whether onr constituency would now look with more equanimity upon such proceedings In mak iug the change under consideration, tbe crimes now punishable by confinement in the Penitentiary, must be divided into two classes —the more aggregated added to the list of those entailing"capital punishment -the other remitted to the barbarous sanctions of an ex ploded code. To the latter l have already al luded. In reference to the former, it may be well to consider the probable effi.iency of the proposed penalty. Statesmen, jurists, and publicists, of this day, agree in the opinion that certainty, gives more efficiency to pun shment, tban severity. Where trial by jury prevails, no reliable es timate can be made of tbe certainty with which any proposed punishment will wait npon crime, without consiiltirgpublicopinion, regar ding its piopriety. We are not without some data for the application of this teM. The cumber of crimes now subjected to capital punishment, in Georgia, is comparatively 1 small ; yet it is perfectly notorious losing the mildest form of expression,) that in such cases, the character cf the foreseen punishment, mar vellously increases the difficulty of satisfying jurors that the 3ceu=ed has committed the crime charged. So evident is that feeling, that ycur existing code, provides as one test of the qualification cf a juror, before he i ; put upon the accused, the q-uvt'on “are you coned- ' curiously opposed to capital punishment?" i This test, as ail know, excludes from the jury box, many good, but, as I humbly conceive,! sadly mistaken meu. I submit whether. in'the face oft act: clear indications of public feeling, it be c-xped eut to swell the list of capital of fenses, by the addition of minor ones. The-' horse thief might well preier to go before the i country with the penalty of death impending, rather than with the milder one, affixed by tLe present code. This view might be extended, Cut you will readily follow the train of thought. My recommendation, therefore, is, that in stead of abandoning, ycu address yourselves, wish the light of exp science, to the work of improving the system. One of its greatest re commendations, theoretically, is that it tends to the reformation of the convict. This m rit : s wholly denied to it by its opponents. The trulh fairly stated, probably is, that in this re spect it has accomplished le-s than was ox peete-d. Tue practical question is, may it rot be made to accomplish more? That many convicts will prove utterly incorrigible is to be -c-cfed. and in most instances this will be in ■d y soon after their admission. The e -I jccted to the hardest labor, and to st attainable isolation, thus diminish corrupting influence, irda the less obdura f e subjects, it is ... of consideration whether hope, that great excitant ol human action—hope of re turn to free life under favorable auspices— hope of shortened imprisonment —hope of miti gation of its severity while it lasts, may not be more freely and move judiciously used as a reforming agent. Has it been suffiriently considered —has it been fairly tested, how far reward in the shape of mitigated punishment, may consist with punishment itself which is meant to be reformity? Have extraneous good influences such as moral and religious or al teaching, impressive and well Greeted read ing- been ai plied with sufficient, j and ernent and persistency? The solitary element of the con vict’s imprisonment is, doubllec-s, very potent because very bitier. Its stuiugent enforcements to lestrain bad influence, and to corquer ob duracy, would be eminently proper; wniist its judicious relaxation, as a reward oi good con duct, and earnest effort at amendment, might be very salutary. The tendency in such institutions, ns in schools of boys, and higher seminaries of learning, is to one unvarying disciplinary course, regardless of difference in traits of character, or in degrees of depravity. It makes the daily adinimstrative routine mo o easy, and hence tbe strong temptation to it, but no educator of the youog achieved distin guished success under it, and prison discipline so conducted, must fail likewise. Should you determine to adhere to the sys tem, much will have to be done to repair the material injury sustained by the institution, into which, doubtless, your committees will enquire, as well as into its general manage ment, to which I am as much a stranger as any, and more than many of you. The question will probably arise, whether if it be continued, it shall be rebuilt here or established anew at some other point. There are certainly advantages in having such .an institution at the seat of government, which will readiiy occur to the reflecting mind, and one great objection heretofore existing !o the locality, viz: its inaccessibility, by railroad travel, and transportation, is overcome already, and doubtless it will ere long, be still more easy of access. There mav, however, be ad vantages, in some other locality, commecdiug it to preference. Os this, you, in your wisdom, will better determine. Should you determine 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 expendiiuie, might ba used advantageously, as a labor prison for persons of color convicted of cer tain crimes. Public works of suitable descrip tions, such as the tanning of leather, and the lowci nud moro easily acquired mechanic avis, coming within the purview of the report ol the commissioners, herewith transmitted, might be advantageously established here. By act of the General Assembly, approved December sth, 1802, the Executive was au thorized to establish, in connection with Messrs. Devine, Jones, and Lee, a card factory, for the supply of a want 6oreiy felt .throughout tbe State. The connection was formed and the factory established on the Penitentiary grounds. As in the changed circcmsiances of toe country, it will not be desirable to either party to continue the connection, I advise the appointmeut of an ogent, or ag, nts, with full authority to settle ail matters in account of between the parties, aad to divide the assets, and make sale of such as may be allotted to the State. The Penitentiary, if continued in operation, will doubtless need the appropriation of more or less money to extinguish in whole or in part the amount due it by the State, as stated in the report of the Principal Keeper, and to which your attention is invited. STATE FINANCES. The financial condition of the Stale, demands serious consideration, and wise action. The currency, in the treasury when hostilities ceased is utterly worthless. The functions of all officers of the State Government having been for several months suspended, no tax hat been collected, during the political year just ended. The expenses incident to a reorgan ization of the Goverment have beeD, thus far, met by temporary loans, aud these are now very nearly exhausted. For ail practical purposes the treasury may now be said to be empty. From what has alredy bsen said, it is appar ent that during the year upon which we have entered, large sums must be expended, iu the re rival of important interests. In addition to these, the arrears due npon ihe civil list of the last year, the interest upon the public debt uu paiS for several years, a portion of the principal of that debt, matured while we have been cut off from connection with the rest of mankind, and the necessary expenses of the Government during the political years of 186(5 aud 1867, must necessarily be provided for. I include the expenses of 1867, because if resort bo had to taxation, the usuel resource supporting government, that tax must be im posed and collected in the present year. The arreaiages of the past, and tbe regularly ac cruing expenses of the present year, can'be met only by the sale of valuable property pos sessed by the State, or by loans predicated on her credit. The former alternative I may dis miss, as an expedient without advocates. Recourse must, then, be nad to the credit of the State, aud the practical questions are. to what extent and in what form it shall be used. I accompany this communication with a tabular estimate of money which will be re quired for the years 1866 and 1867, which I think will admit of no material reduction. Superadding to this sum so much as you may determine to expend in the reconstruction and refitting ct tho Western and Atlantic Railroed. and the Peniteotiarv, and such other appro priations, as it may be your pleasure to make, for the relief of disabled soldiers, for t*he suf feriug families us those who fell in the war, wifeh present strong claims upon our humanity and our gratitude, aud for any other purposes, you will be enabled clearly to e. timate the necessities of the State. \Ve may at once assume the whole outlay in money which you may determine to make in the political year now current, whieh will terminate on the first of November next, mast be borrowed, unless you 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 d-itormine during your present session, whether you will provide" for its wants by 'evying a tax during the present year, or whether you will put that burthen ‘also upon the credit of and give to your constituents, in their reduced circum stance?. another year's exemption from State taxation. It must be borne in mind that there is upon the statute book an unexecuted law, requiring the payment of a tax in the year recently ended—unexecuted, because of the disorganized condition of the Government. I recommend the remission}!)f this tax, and the imj. osition of a moderate one to be collected during the latter pait of the present year, when the fruits of its operations shad Lave been partially realized. In the tabular esti mate, before referred to, I have for eoave r.ieat reference s-t forth a statement, made up from the report of tbe late Comptroller Gener al—show:ng whit sums diffe:ent rates per cent upon thß assessed value of property, in 18C-\ 'rit r than s aves, will yield. O viag to too t a te perioi of your organiza tion. a::: and th » e’reumstances surrounding you in yc r brief session, no appropriation of mon ey ; r the c : vil establishmenL in the current year, hai been made. The first quarter has very nearly expired, and to meet its demands it wii: be necessary to appropriate a sufficient sum. bes rca general appropriation act can be matured, and indeed as quickly as po3:ib'e, the amount of which can be deducted Iron tho estimates in the general bill. D.ocoura ring as is the pr«* tut aspect of our financial aiTri-rs, it awy safely be affirmed that you mvy make the embarrassment only tem porary. The entire indebtedness of the State, clearly ascertained, including »rits fuaded debt, interest upon it in arrear, aud the temporary ■loans effected recently to putfthe government again Vi of eration, falls short $3 500,000. If to Frig were added two millions five hundred tli u-aud dollars to repair all reparable dam ages, and m.et piesent necessities, without Imposing heavy burthens upon a people tem po. rily exhausted by protracted war, the whole amount o‘ indebtedness would bo six millions of annual interest up on this sum, and the annual appropriations for the support of Government, upon the scale of estimate here presented, would not exceed eight hundred thousand dollars. From tho earnings of the Western and Atlan tic Ii illrcad, put in good working order, and from a tax ol one-eighth of one per cent, upon the property of our people, (these esti mates being put intentionally low,) we may safely calculate on an income of one million and fifty thousand dollars, showing a yearly balance in the Treasury of two hundred anl fifty thousaud dollars. This annual surplus might bo treated as a sinking fuad for the pub lic debt, as follows : lithe debt be raised to six millions of dollars, (and it may fall consid erably short of that amoun«) tho bonds to be hereafter issued, iu .redemption of those ma lured within the last four years, aud unpaid : in funding the arrears of interest on the funded debt : and to meet the pressing neces sities of the B'tate, will amount to three mil lions four hundred and fifty-six thousand two hundred and fifty dollars. i'w> pet cent, up on thus sum, set apart as a sinking iund (ac cumulative) would amount to sixty nine thou sand one hundred and twenty five dollars, which, deducted lrom|the aunual surplus of two hundred and fifty thousand, wcu and leave one hundred and eighty thousand eight hun dred and seventy five dollars. This sum set apart and applied faithfully to the payment of the bonds now extant, would (as a little calculation will shew) pay their full amount, as they mature, until 1872, when it w ulu extinguish nearly half; leaving about three hundred and seventy thousand dollars to be otherwise provided for, six years hence. That done, the annual surplus would in each year extinguish tbe maturing debt now exist ing, and close that account iu 188!. Mean time the sinking fuad provided, as proposed for the newly created debt, if faithfully set apart, and judiciously invested, would silently but surely work out its redemption Oae great advantage of the sinking fund is, that it ! secures confidence, aud opehs the way for fav orable negotiation of t' e securities for which it may be provided. But another incalculable advantage to the debtor State is, that it dis tributes the bui then of payment equally over a 1 tho years the debt has to run, which, for that reason, can never come, with a stunning shock upon the Treasuary, and necessitate a repetition of the borrowing operation. ihe e are matters of calculation, the data for which are found in the Comptroller Gen eral’s report except the estimated receipts from the Western and Atlantic Railroad, in which I have full confidence* If it be thought sufficient margin has cot been left for miscel laneous appropriations, the reply is, that, the annual income will be sweiled bv items of taxation not taken into the account, and by dividends on Railroad stock, owned by the State, also left out, because not immediately available ; whilst, by the gr-dual extinction cf the public debt now existing, there will be a corresponding reduction in amount of in t9rest to be aunually paid, leaving each year a la;ger surplus. It will have been seen, that it is proposed to meet the over duo bonds by issuing other bonds, and, also, to fund the interest in arrear. There is every reason to believe that nO diffi culty will occur in effecting this negotiation. As evidence of this, I send you, herewith, a copy of a communication from Lewis H. Haslewocd, Esq., of London, Chairman of a committee appointed at a meeting of holders of American securities, on which there are ar rears of interest. The very liberal proposition is therein made, to fund alt the arrears of in terest. and tho interest to accrue to January, 1867, inclusive, into a bonded debt, the sole condition being, that a sinking fund be estab lished at 2 pr. cent., pr. annum. The amount of debt represented by Mr. Haslewood, is not stated, but it is presumed to include all the sterling bonds of the State, which amount to seventy two thousand dollars, and may em brace others. If foreign creditors be willing to fund not only our interest in arrear on tho first of July last, but that accruing within eighteen months thereafter, can it be supposed our home credi tors will hesitate to fund that accruing to the Ist instant ? Without au adequate sinking fund, you cannot resuscitate, promptly, the fallen credi tof the State. With it Unless it be resuscitated, you must either hawk your bonds about the money centers, and sell them an enormous sacrifice, making a nominal rate of 7 per cent, equivalent to form 8 to 10 per cant, and havr your credit always depre dated; or you must greatly reduce your ex penses, inclu ling salaries, to a standard so low, as to banish from the service of the State in ail department, citizens of stilling virtue and ability; or you must cause your constit uents to groan under a weight of taxation, which, now, they are iily able to bear To avo'd these disastrous alternatives, earnest, derided action is indispensable; and it is high time that Georgia should adopt a judicious, stable, financial system. 1 recommen I, therefore—First that you au thorize the Executive, as the necessities of the State may require, and to that extent only, to is ue bonds of the State, Laving not than twenty, nor more than thicty year to run, bear ing au interest nut exceeding six per cent, for an amount, which added to the existing fum.ed debt, not yet matured, shall not exceed six mil ions of dollars. Secondly, that for the payment of the interest, and for the creation of a sinking fund (accumulative) to discharge this principal of the debt, now proposed to be created, of two per cent per annum on that principal, so much of the annual income of the Western and Atlantic Railroad as may be ne cessary, be sacredly plelged, and that this pledge be set forth in the bonds. Thirdly, that to the extent of this pledge, ail appropriations hitherto made, for State uses and policy, of that income, (not involving the violation of contract) be repealed. Should thesa recommendations meet your approval it may be necessary to contract short loans, to meet pressing necessities ; but these may be extinguished, as longer ones arc effect ed. education. 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 apart certain funds fur distribution among the counties in aid of common schools. The case of the University is somewhat peculiar bus readily understood. Its original permanent en dowment was in lands, which, with tte consent and approbation of the General Assembly, the Trustees sold on a credit, taking bonds and mortgages for the purchase money. Sub e» quently the State assumed the collection of these securities, an L assumed to account to the University for the funds as collected. In liqui dation of the resuhin t transactions, the State transferred to the University one thousand shares of tha Bank of the Stale of Georgia, owned bv her, the par va’ue being one hundred thousand dollars. The trustees were expressly lorbidden to seil er in any way dispose of this stock, but were by act of the General Assembly guaranteed perpetually, eight per cent, income from the stock; any overplus that might accrue from annual dividends, enuring to the benefit of the Institution and any deficit of the eight thou sand dollars, the State being pledged to make good. And this has often been done, no spe c's! appropriation being made in each instance, but the deficit being always paid at the Treasury ' by provision of the act authorizing the transfer I oi'the stock, and guaranteeing the annual in- j tome from it of eight thousand dollars. This j guaranty was doubtless induced by two consU j derations; first, that, (as the history of the trans- 1 action spread upon the statute hook shows,) the j transfer of the stock was intended as a satisfac- , tion and settlement of money collected by the State on the University Bonds aud Mortgages. Secondly, because in making the transfer of Bank stock the State assupied to inhibit the sale of it, which would have been unjust, with out assurance of a certain annual income be yond alt contingency. Deficits of the amount of dividend, and entire tailures of dividend, have always in good fiith been responded to by the State. One o! the results of the late war has been the utter iailure (S'tbe Bank of the State of Georgia, and the consequent extinction of all possibility of farther dividends. But the obliga tion of the Slate remains unimpaired. There are, indeed, annuities, (for so they may be calls cd.) in cur arrear since the Bank ceased to de clare dividends. lam not gware of any purpose on the part of the Trustees to urge, at this time of financial embarrassment, any claim for those arrears, and I trust that they will forbear it, for the present. But to the resumption of the pay ment of the annuity, they arc clearly entitled, and without it, cannot keep the University in successful operation. The late Convention, having the hLto;y I have here briefly detailed, fully presented to them, and in view of the im portance of the whole subject placed upon the General Assembly a constitutional obligation to “provide for the early resumption of its exerci ses, (which had been unavoidably suspeneed,) by a permanent endowment of the University.” Relying upon the annuity of eight thousand dollars, the Trustees have re-opened the Insti tution, and I have, as you will perceive in the estimates accompanying the communication, included this item. At as early a day as return ing prosperity will permr, it will doubtless be the pleasure of the General Assembly to make the permanent endowment enjoined by the Convention. In iike manner I have included in the esti mates, the sum usually accruing from dividends on Bank stocks, set apart for the purposes oi school education. This, like the other, and like the noble charities in behalf of the insane and the blind, is too important and too sacred a charge to be permitted to languish and die far want of aliment, even in times such as these. I trust the time is not far distant, when much more can and will be done by the State for the education of the masses, and for the relief and comfort of those bereft of the natural senses, or still worse, of reason. Perhaps all we can do now, is to keep these institutions alive, that they may hereafter receive proper nurture and fulfill their missions. LAWS REGULATING INTEREST I respectfully invite the attention of tho Gen eral Assembly to the whole subject of legal in terest on money. There is no greater vice in government than governing too much. Undue interference with an individual’s use of -his pro perty, or with transactions between individuals, wherein each seeks, without convinous prac tices, to advance hi., own interest, always affects injuriously the general welfare. Hence, good governments do no!, seek to fix the prices or ar ticles, either of necessity or of luxury; nor do they attempt to fix the compensation to be pa and by one man for the, temporary use of auother’s property. Money, or rather the use of it, is as distinctly a subject of value, and its value is as fluctuating as the use or occupation of a tene ment or the hire of a horse or other chattel. Yet while rent and hire are left to be regulated by contracting parties, interest on money is fixed by law, arid that law enforced by vindicatory sanctions. lam unable to perceive on what principle this difference rests. The usual pre text is, that the restraint is a necessary protec lion to the needy against the usurer. lint does he require it more than another child of want, whocan procure no sheltering roof for his fami ly, by reason of the occasional appreciation of rents 1 Does he require it more than another unfortunate, who, at times, cannot give his family bread by reason of the high prices of pro visions 1 Sonnd political economy and right reason are against all such interferences with prices and value in commercial transactions, — There are times when the use sf money is worth much more than at athers. With us it is rarely worth less than the legal tate of interest, but it is often worth mure. The policy of usury laws is to place the legal rate of interest at the lowest point to whieh, in a series of years, it would go if untrammelled, and to keep it there, despite the varying relations of demand and supply.— Hence, law-abiding capitalists usually prefer other modes of employing money. Active capi tal, like running water, will always leave an obstruction for an unobstructed channel open to it. But experience proves that usury laws, as a general rule, are only obstructions, in money lending, to conscientious or to cautious men.— Their withdrawal. leaves a more open field to the unscrupulous and the daring, enabling them to extort from the borrowing class higher rates than with free competition could be maintained. Thus it appears to me the restraint imposed on this branch of business is not only wrong in principle, but fails to afford the intended protec tion. There is at this time in Georgia a great want of money. Some need it to revive a sus pended business—others io commence anew, in place of an old enterprise, utterly broken up. The capitalist abroad would bring his money here, it he were allowed to charge tor its use what it is worth, without incurring forfeiture.— It is probably wise, however, for any people to make decided changes in their monetaey sys tem gradually. I suggest forVour consideration, the expedi ency of so modifying the law on this subject as to make seven per cent the legal rate, where interest is chargeable according to Jaw, and no rale fixed by contract; and to provide further, that any rate of interest not exceeding ten per cent, may be established by, and collected under a contract, for the payment of money. This advance will probably be sufficient to test prac« iically the merit of the proposed change, and it will be easy from this print to recede or ad vance further, as experience may dictate. INCREASE OF PAUPERISM. Owing to the sudden emancipation of persons of color, and their consequent deprivation of un failing provision, hitherto enjoyed, for their wants, whether in infancy, in old age, or in sickness, there will probably be for a time at least, a great increase of pauperism. Against its growth from idleness or vice, stringent legal pen alties should be directed, and for such cases probably sufficient guards are provided in the new code. But for unavoidable poverty and destitution, involving no degree of criminality, provision must be made. Your constituents, by the very act of emancipation which originates this new burthen, have been in a great degree impoverished, aud it is hard that the two evils should simultaneously, in the hour of exhaus tion, press upon them. Only a resolute and generous people could bear with equanimity the great loss, and its superadded annual product of loss. But precisely because they are both resolute and generous, they have, with equanim ity, realized the fact and its consequences, and intend to do their whole duty, sociaL and moral, as well as political. But it is neither necessary nor right that the whole burthen should be thrown upon them. Pauperism is destitution of accumulated means of subsistence, combined with inability, from physical or menta causes, to produce them; but it only becomes a matter of public concern when no private re.ief is afforded. Asa simple fact, it has always existed among that ciaes, but has never before ch Itenged attention as a so cial evil. Why this difference] Because under the exploded system, each pauper African hid a master who cared for his wants—cared for them well—cared fir them cheerfully. How was he enabled to do this, year after year ! From the fact that associated with these paupers, as well by ties of consanguinity, as in fetters of bondage, were others capable of remunerative labor. The support of the pauper was nominally a chargi upon the master, but he defrayed it from the earnings of the laborer, standing in the same j relation to him. Mow, his pre.existing relation both to pauper and laborer is annulled. The pauper is no more a charge on him than on the rest of the body politic. The fruits of the labor er’s toil are transferred from him to the laborer himself. But the relations of class and of kin dred, between the pauper and the laborer, are undisturbed. The questions to be considered in view of the whole subject are, “does <ho transfer I of the fruits of the laborers’ toil discharge them 1 wholly from the burthen of supporting the pau- ! per—the master having lost those fruits upon j which the paupei's support was a charge, docs i i* stiil adhere to them ?” It appears to mo that j whether regarded as questions in political econo- ! my, or of abstract equity, the answer trust be ■ negative. There is, however, another aspect ot the case i which must not be overlooked. The abolition of the relation of master and slave, which was a private relation, makes the existing pauperism a matter of public concern, to the relief of which emancipated la’oorers, as a class, hough not ex clusively bound, are liable to contribute I re spectfully advise that a moderate capitation tax, such as uo individual wcu'd feel oppressively, be laid upon each adult person of color, eatable of earning wages, and devoted exclusively to tho support of paupers, of the same class. I suggest, also, that the tax collected for this purpose iu each county, be paid to and dispensed by the Justices of the Inferior Court ot that county, under such rules and regulations as you may chouse to prescribe. claim OF COTTON. In answer to a communication from Prov. Gov. Johnson, relative to certain, cotton claimed by the State of Georgia, and captured in Sa vannah by the Federal army, Mr. Secretary Mc- Culloch, of the Treasury Department, informs him by a letter, a copy of which accompanies this message, that the State, must prosecute her claim in tho Cou-rt of Claims, U. S. It will be my pleasu'e to take such action in the case as you may direct. IMPROVEMENTS TO PUBLIC BUILDINGS, AC. I transmit herewith a copy of the report of Col. Frobel, Engineer* upon repairs, and im provements, of the public buildings and grounds, to which I invite your careful consideration. Whilst even in public buildings and grounds there may be exhibited culpable extravagance, in useless ornamentation, there is a certain de gree of care in preserving, and of taste in beau tifying them, the neglect of which is wholly in excusable. The suggestions of Col. Frobel. and of your committees charged with this subject, will aid you more than anything I can say. Whatever of error may be found in the recom mendations herein submitted, I trust will be cor rected by your superior wisdom, aided by light from the unerring source ot all truth. That is our surest reliance, and the best hope of our suffering and struggling constituents. Respectfully submitted. Charles J. Jenkins. iAFFEADIX (no. 1.) ESTIMATE CF EXPENDITURES FOR YEAR 1866. Arrears of civil list, 18G5, $ 60 000 00 Due the Penitentiary, 18,000 00 Due to tbe Lunaric Asylum, on appropriation, 1865, 18,375 00 Civil Establishment, 1866, 88 600 00 Contingent Fund, 1866, 16,000 00 Printing Fund, 1866 25.000 00 Support of paupers, eateries of of ficers, &c, Lunatic Asylum, 64,500 00 Support of Academy for Blind, 6,00 00 Educational Fund, com’n schools, 23,355 00 Annual income guaranteed to the " University, 8,000 00 Balance, estimated expense of the Legislature, 75,000 00 Interest on the public debt, 154,000 00 Estimated interest to accruo on new debt, 150,600 00 $806,838 00 'No 2 ) ESTIMATE OF EXPENDITURES FOR 1867 AND AFTER WARDS. Civil Establishment, $ 88,600 00 Contingent Fund, 16,000 00 Printing Fund, 25,000 00 All expenses of Lunatic Asylum, 64,500 00 Appropriation to Academy for tho Blind, 6,000,00 Educational Fund, com’n schools, 23,355 00 Annuai income guarantied Uni versity, 8,000 00 Estimated expense of General As sembly 800,000 00 Estimated interest on Public Debt, 360,000 00 Miscellaneous appropriations, 100,000 00 $791,455 00 (No. 3 ) ESTIMATE OF INCOME IN 1867 AND AFTERWARDS. Nett procerds from Western and Atlantic Railroad $ 600,000,00 To be raised by ad valorem tax of J of 1 per cent, 450;000,00 $1,050,000,00 (No. 4.) Table showing results of different rates of taxation, ad valorem, cn the assessed qfdua ol property, (other than slaves.) in 1860 : One h.lf of'ne per cnt on $369.627,7:2.• .11,8*3 IS9CO One ft urthef on percent 0n....5'* : 9 6 7 7-'2 .... 91»/69 80 One eiguth cf one pr ct 0n....5379 6-27 *2 l 462,079.9 J O »e ?eat:ior fne pr c: on 59,62/.7*22 869 Ga 7,00 One tenth of one pr ct on $369,627,722 103,023,00 SEWS SUMMARY Tbe latest Boston notion is a “paper hat” company which is now forming. Paper hats, water proof and desirable to be made lor from eight to seventy five cents. A iivo frog was recently by the sand pump of an oil we’l in Pennsylvania, from over four hundred feet below the sur face. The sheriffs are selling large numbers of plantations in Louisiana for debt and taxes. Robert S Cox, convicted as a guerilla in Kentucky, has been released by order of the Secretary of war. In the Baltimore Court last year there wore one huffdred and ‘sixty nine divorce petitions filed ninety-eight of which were granted A flock of wild geese kept pice with a train of ears on the Hudson River railroad going at the rate of thirty miles an hour, the other day, for ten miles, when they changed their course. The Provost Marshal of Buffalo, New York, has had to pay a young man $1,150 for false imprisonment. 'The Governor of Indiana wants the negroes of that State to ha allowed to vote. Navigation cn ihe Hudson river is closed up for the winter. Tho brig Nevy, from New York to Jackson ville, Fla , has been lost off St. John’s Bar. Seven persons perished. Trains will soon run through on the Mobile and Ohio railroad. The Catholics of Chicago aro to erect a hall. It witi cost $300,000. Ihe mercury fcas been <wanty-four degrees below ziro in somo sections of The trains stopped running. Tbe Erie railroad bat borrowed $4,500,000 of Eagiibh capitalists to complete its double track. Since the war "closed tho figures show the emigraion Southward from New York thus : —South Carolina. 45; Tennessee, 350; North Carolina, 19; Missouri, 2,G57; Maryland, 1.725; District of Columbia, 138; Alabama 9; Virgi nta. 465; Te ;as, 21; Mississippi, 31; Kentucky, 1,008; Georgia 13; Delaware, 152. Valuable lead mines have been discovered in Preston and Cumberiar*! count its, Ya. In Louisville, Kv., the rougues are so hard up for money that they knock down and roo ministers. New counterfeit ten dollar bills have made fheir appearance. Wa Gilmore Sima is miking a collection of the leading poems written in the South durieg the war. Gen. Longstreet has gone into the cornmis sion business in New Orieans. Many English merchants aßd bankers are said to have agents engaged in the South se lecting cotton lands. The interna! revenue from pianos is enor mous. Steinway alone daring ths month of November, paid in $9,611,02 taxes. Honolulu has exported 50 01)0 pounds of cuff re this year. Taere is at p*ei3ai five th.j-is.tai families applicants for charity at St. Louis. Henry Brunner has been arrested in Nash ville on the charge of defrauding the Govern ment of $19,000. Eighteen thousand iron coal cars are used on the Reading railroad to carry 3,000,000 tons of c.al per annum. A meeting ot the Fenian Circle in Chicago, was held, at which five hundred muskeis were B'lbscribid, and arrangements for ths arming and equipping of two regiments, to be ready when required. Georgia Legislature. SENATE. mosdah. January 15. Senate met at 12 o'clock. Twenty-four members answered to loli call. George W, Anderson, resigned position as door Keeper. HOUSE lUuve mot at 12 o’clock. Eighty seven members answered to their names. Mr. Oliver FKiiT” 11 ' VW P " Jrn ij ‘ rom th « county of TBISDAY, JiNUABY ra senate. Ac in mitt vo was appoint »i to wa’t upon His l ' v , ' to . km Ha- the Seuate wow ready to i«ceive any camrnuuication be might dtsire to make. • The following bills were introduced: to es tablish a seal to t>e used in tho office of the Secretary of Stale—it adopts tho seal provi dcu by the Legklatu:e of 1861 • to repeal tile 5-h paragraph of the Sth section, title 3d a::d chapter 31 ot the code; to repeal tho law re quiring the Secretary of Stalu to provide fuel, rights, <fcc., for the General Assembly ; to soli tbe lands-of (ho Statu iu tho Okefenokeo swamp; to relieve the tax payers of c-itaia counties lor the >ear 1866 aid 1867; to add the county of Lowades to tho Brunswick Judicial Circuit; to change the county line botw en thj counties of Worth aud Irwin; to regulate ihe drawing j>f funds by Inferior Courts; to au thorize iuj rendition of decrees iu certain cases curing vacation; to prevent tho illegal se-zuro and detect.on of property and prescribing punishment for tho same ; to amend (ho 4293d section of the penal Cr.de of Georgia. IV. H. Roberts was elected doorkeeper. Tuesday, Jan. 23, was appointed as the day to elect U. S. Senators and Supremo Judges. Mi. 0*8 A y c:fl- red the following resolution, which lies over under the rule : Where re, The people of Georgia in Conven tion, iand by Legislative action, have iu goed faßh accepted the issue of the late war, and are bound by every principle of honor and motives of interest, to defend and uphold the laws and Constitution ol tne United States aud the Gov ernment thereof; and whereas, such is well known to be cur fixed and settled determina tion, we can therefore perceive no good reason for tho longer continuance of military law, or fo:ces iu our State, except such as may tie re quisite for a peace establishment; nor can we see the necessity for the se'zare and occupancy of private property by the miiil.xry authorities: gjßo it therefore resolved by the General As sembly oi Georgia, That His Excellency, the Governor, bo requested to communicate to His Excellency, the President of the United States, our fixed and unalterable purpose to observe, obey, and defend tho Cou titution and laws of the United States and the Goveru mont thereof, and to maintain by all tho pow er cf the State the supremacy of said laws; and to atk cf him if net a withdrawal of the troops cf the United States from the State, a surrender of all private property belonging to individuals, and a restriction of the military to the occupancy of forts, and arse nals, or such other quarters as I lie Government may furnish, after contract aud cenipensatLu; further, to restrict tho military to the control and management of the trot ps, aud the en forcement (if necessary) of tho laws of the United Slates as expounded by civil tribunals, appointed and established in confoimity to law, and to the end wo earnestly invoke the restoration cf the privilege of the writ of ha beas corpus. The St-Daie was informed that the House committee was leady to wait upon his Excel lency. Two hundred copies of Govemors’s message were ordered printed for use ot Senate. A resolution was passed referring the docu ments accompanying the Governor’s message to tbe appropriate committees, which was adopted ; also, a resolution providing for tie. printing of fifty copies of the revised Code, pre pared by tbe commissioners appointed by the late convention. HOUSE. The annexed resolutions were adopted : a resolution to add an additional section to the rules of the House instructing ihe Finance Committee to report a bill remitting certalu. taxes ; requiring tho Comptroller General to furnish c.rtain inloimation. The annexed bills weie introduced : for the relief of certain persons therein mentioned; to incorporate the Dalton Medical College-; tho relief ot ceitaio persons who were bona fide in the late Confederate army ; to provide tor the payment of the salaries if the Judges of the Supremo, Superior and City Courts, during a portion of the years 1864 and 1865; to incor porate Oak Grove Academy, and provide for the appointment of trustees to same; to change the county line between the counties of Upson and Crawford , to provide for the appointment of a superintendent of the roads and bridges of the county of Wilkes; for the relief of John Edmonson ; to enlarge the rules of evidence in cevtaio cases ia the courts of law an l equity of this Slate ; to legalize the acts of E M Jones and E W Wilder, temporary administrators of Henry Jones, late ol Ihke county ; to increase the fees of Ordinaries and Clerks of Superior and Inferior Courts ; to authorize the lufeiior Court ol Pulaski county to levy and collect an extra tax for the years 1866, ’67 aud ’6B, for tbe purpose of building a court house and jail. Tho biil was offered pn iha recommendation of the grand jury of said county ; to alter and amend an act to incorporate the town of Dawson ; to authorize the sale of the exile camp iu the county of Tcrroii; to incorporate the North Georgia Petroleum and Mining Company ; to punish Ordinaries and Ciorks fur issuing mar riage license in certain cases ; to punish officers of tbe State for uniting in matrimony the white and black races ; to punish freoclmon for living in adultery, and authorizing their marriage ; to fix the term of office of Sheriff, and regulate tho same ; to provide for the payment of tha salaries of tbe Teachers ot poor schools during the year 1865 ; to amend the Constitution ot tire State, concerning the interest on money; to amend the laws of evidence ; to be entitled en act to regulate pleading at common law ; to alter and chango the mode of selecting grand and petit jurors. Tho annexed resolutions were ofl trod—to bring on election of the U. S. Senators; for the relief of soldier’s lamilies. A committee was appo’nted to wait on Gov ernor wii.it Senate committee. Tho Governor’s Message was received and read. Five hundred copies of Message aid ac companying documents wore ordered printed. The Governor’s Message, anl accompanying documents were referred to appropriate cum in t tees. The President on tue Admission c f Colo had >. — Tho annexed message of the Dresilunt sent to Congress, January 12, gives his position on the admission of Colorado : I transmit herewith a communication ad dressed to mi by Messrs. John Evans and J. B. Cbaffse as United States Senators elect from the Stats of Colorado, together with the accompanying documents. Under tbe author ity of the act of Congress approved the 21st day of March, 1864, the people of* Colorado, tarough a Convention, formed a Constitution making provision for a State Government, which, when submitted to the qualified voters of the Territory, was rejected Iu the sum mer of 1865 a s ;co.;d Convention was ca'lei by the Executive Committees of the several political parties in the Territory, which as sembled at Denver on the S.h day of August. On the 12th day of that month this Conven tion adoptel a State Constitute a, which was submitted to the people on the sth of Septem ber, 1865, and ratfiid by a m><j iri.ty of 1-5-5 of the qualified voters. The proceedings in the second instance having difl ;red in time and mode from those specified in lb? act of March 21, 1864, I have declined bo is-ue tbe procla mation for which provision is made in the sth section of the law, and therefore submit fbe question for the consullation and 'uriber action or Congress Andrew Johnson. Washington, D. C , .January if, 1866. The debt of Maximilian’s Empire is eight million dollars. It is reported that recruiting for the regular army Is quite brisk and that last month over hve thousand leeruits were mustered into too service. It is rumored that Gov. Pieipontof Va , will resign because his candidates for U. S. Senate were defeated.