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predecessor, Gov. Thos. Carney, in his last annual message, which are herewith given:

"Upon examination, however, of the forty acres of land selected by former commissioners, on which to erect the building, it has been considered not merely inconvenient, but unfit. The penitentiary being a very important work to the State, and on which a large sum of money must be expended, the Directors, with this objection before them, thought it best to delay action until you could instruct them what to do. The necessity of having a penitentiary is admitted. The want of jail room and the increasing number of convicts make it a matter of economy. There should be a building erected, and it should be erected in a suitable place. A false step, either as to the building or its location, would work serious mischief—not so much in the present as in the future. While you should act promptly in the matter, you will, I am sure, guard the State well against this injury.

"My objections to the present location are wholly of a practical character. It is isolated; and, in case of revolt or any sudden uprising of the convicts, there are no settlements around it which could render any aid to keepers or guards. Its distance from Leavenworth would prevent the employment of convicts as profitably as if near by, and certainly diminish the profit of their labor. The expense of hauling the material would be greatly increased. When completed, it will, doubtless, become a manufacturing establishment, and the carting of the raw material and the bringing back of the manufactured articles would diminish to a great extent the profits. Neither is there sufficient water near, which is highly essential.

"These difficulties would defeat the object we have in view, namely: not only that the institution should pay its own way, but that, in a fit location and rightly managed, it should in a few years be able to reimburse the commonwealth. These objections, it appears to me, must impress you with the importance of a change of location, and the more so, because the increased value of land will enable the directors to dispose of the forty acres without loss."

I further recommend an additional appropriation to the $13,000 now in the treasury, for the completion of one wing at the earliest practicable period.

Total confined in Penitentiary, as per report of 1865,
Pardoned,

Escaped,

Remaining,

I herewith transmit the Commissioners' report.

74

8

8

58

Capitol Buildings.

By an act of the Legislature, approved March 2nd, 1863, the Secretary of State was authorized to contract with certain parties for the erection of a building in the city of Topeka, to be used temporarily for State offices, and to lease the same for a term of years. In accordance with the provisions of this act, the said parties erected as large, secure and substantial a building as could be done for the stipulated amount of rent, which was accepted, in accordance with the provisions of the act, December 25th, 1863. The building is now greatly out of repair; the State furniture is being damaged, and many valuable papers' destroyed, for want of a good and sufficient roof. The records of the State-which, if destroyed, it is impossible to replace, the State library, furniture, &c., are wholly insecure, and liable at any time to be destroyed by fire. It is of the greatest importance that the records, public documents and other property belonging to the State should be well secured. This can only be done by the erection of a fire proof building.

I therefore recommend that an appropriation be made, wherewith to commence the erection of one wing of a capitol building, to be constructed of the best and most substantial material, and in every way suitable for the purposes intended. Such will ultimately prove true economy for the State.

Railroads.

The introduction of railways into our State is doing more towards its rapid development in agricultural and mineral resources and in general wealth, than any other instrumentality. The grand projects of railway communication with the Pacific, the Gulf of Mexico and Santa Fe, are of the greatest importance to Kansas; and every facility that the people or the Legislature can furnish towards the speedy construction of these great enterprises should be afforded promptly and generously.

These great highways, crossing our State from east to west and from north to south, with ultimate termini at San Francisco and Galveston, are already engaging the minds of the ablest public men, not only in this State, but the Nation. I trust a liberal spirit will be exercised in the adoption of such legislation as may

be necessary to secure the completion of these grand enterprises. Such other railroad projects within the State as commend themselves to your consideration will, I trust, receive such legislative benefits as their and each of their claims may require.

Gentlemen, before concluding, let me urge upon you the importance of sustaining the Federal Administration in every good and laudable effort to preserve the Nation's dignity and maintain its honor. The maintenance of the Nation's honor is our gloryits disgrace is our dishonor. Treason is the highest crime known to law, and such an example should be made of the principal leaders of the rebellion as to forever declare to future generations that those guilty of so great a crime shall suffer the extreme penalty of the law. The enforcement of the Monroe doctrine is intimately connected with the highest interests of man, and our National honor demands it. And may the Great Ruler give unto all in authority wisdom to so direct the affairs of Nation and State that the greatest good may be accomplished.

I embrace this opportunity to return, through you, my hearty thanks to the people of this State, for the consideration and kindness shown me while endeavoring to discharge the duties entrusted to me during the past year.

Topeka, Kansas, January 10, 1866.

S. J. CRAWFORD.

MORNING SESSION.

SENATE CHAMBER, January 11, 1866, 10 o'clock A. M.

Senate called to order.

President in the chair.

Roll called.

Quorum present.

Prayer by the chaplain, Rev. Mr. Lee.

Present-Senators Akin, Anderson, Bartlett, Emmert, Eskridge, Gambell, Grover, Horne, Houston, Jones, Legate, Manning, Miller, Milhoan, Potter, Quigg, Riggs, Speer, Smith, Twiss, Weer and Wheeler.

Journal of yesterday read and approved.

Senator Gambell, chairman of the Committee on Judiciary, made the following report:

MR. PRESIDENT-Your committee have had under consideration Senate bill No. 1, entitled "An act to amend 'An act relating to records and proceedings in the county of Douglas,'" and instruct me to report the same back and recommend its passage. W. P. GAMBELL,

Chairman.

Senator Grover offered the following resolution, which was adopted:

Resolved, That the opinion of the Attorney General be requested, as to whether an act entitled "An act for the sale of the school lands," approved February 22d, 1864, is in conflict with section 1, article 2, of the Constitution.

Senator Weer offered Senate concurrent resolution No. 7, fixing the adjournment of the Legislature on the 1st day of February, A. D. 1866.

Laid over under the rule.

Senator Eskridge offered the following resolution, which was adopted:

Resolved, That the officers of the Senate, by consent of the Senate, be authorized to procure such assistance as from time to time they shall find necessary.

Senator Riggs offered the following resolution, which was adopted:

Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of providing by law for the sale of all the public lands belonging to the State of Kansas; and should said committee find it expedient to sell said lands, they are hereby instructed to report by bill, providing for the sale of said lands to actual settlers.

Senator Houston offered the following resolution, which was adopted:

Resolved, That the Sergeant-at-Arms be directed to procure a foot scraper, and have it placed at the foot of the hall leading to the Senate Chamber.

Senator Eskridge offered the following resolution, which was adopted:

Resolved, That under the resolution heretofore adopted, the Journal Clerk be authorized to procure an assistant.

Senator Manning offered the following resolution, which was adopted:

Resolved, That the services of the Assistant Doorkeeper are not required by this body at the present time, and that he be dis. charged from the position he now occupies.

Senator Jones introduced Senate bill No. 8, "An act granting the right of way through the State lands of Kansas to the Union Pacific Railway, Eastern Division."

Read a first time.

Senator Gambell introduced Senate bill No. 9, "An act to amend 'An act to establish a code of civil procedure,' approved February 10th, 1859."

Read a first time.

Senator Gambell introduced Senate bill No. 10, "An act to provide for the compensation of pro tem. judges of the district court."

Read a first time.

Senator Milhoan introduced Senate bill No. 11, "An act to repeal 'An act to prevent the bringing of stock into the State,' approved February 11th, 1865."

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