University of South Carolina Libraries
VOVERNOR'S MESSAGE. At 12 o'clock to-day. Tuesday, Nov.26, His Excellenev. Governor NoDLI:. trans mitted to the deneral Assenly.v, by Col BFAOFORT T. WATTS. the following Mes sage whtich was read by him in boil Houses: . Exco-UTtv DEPARTMENT. Colimbia. S. C. Nov.:?6, 1839. FRoticiiens of the Senate. and liouwse :f R-presentatives In taking n retropect elf t'e.p at year. ol most devout gratitutle is c;,l:tl into livel] exercise, to the Almighty Diatpenserofral good, for the vey abunlaitt harvetms wilt which he has been ple.tsed to reward tht toils of the husband man. The teening earth has brought forth in great.prouiAti all the products of the soil ainually cultiva ted. But these signal blessings have beev accomppnied. in the course of an All Wist Providence, by visi'ations of a painful anc melancholy character. Disease has af Ificted a portion of our State, and dealt has consigned to the tomb many emimen anti valuable citizens-men, distinguished "or neir s'iiiing virtues, great taleuts and public services. As a member afiihe Confederacy, Soutli Carolina must necessarily feel a deep n ie~et in. the legislation of the (Ueneral Government; and in looking towards the various important subjects which mas probably, at an early day, employ the de liberations of Congress, our attention wil be arrested by one topic of vast magnit t-le pregnant with future weal or wo.-, as i shall be settled. I mean the Tariff qtr tion. By the Compronise Act of L833 i was provided, that by the gradital redtic tion of the duties they should fe brough down to twen.y per cett in 1842, whi h wil then Ie their established.rates, unless ill amePnrtda-the mean -time, shall lie al.eye( 'y law. 43ut 'the same act contaims uho pledge of Congress, that the revenne shal be reduced to the economical wants of thi Government. it is believed that a t below 20 per cent. upon the importationi would raise a sufficient revenue lbr all thf essential purposes of Governtnent. Th< main obstacle to this reduction is toi hi found in the strong dispos;tion which, it -ome sections-of the Union, is felt to in crease thepnblie expendittures, for ihe pro motion of sectional interests. .ifa.hose wc mot diminished to the inwest n::cessir) point, they will, at all ti ties, niTord a con vnientt pretext for refusing to reduce iht imposts. If the people could be madt sensible of the enormonis tribute which i annuall) exacted from them, by thik indhi reet mode of taxation. they would demdan the repeal of such onerous laws, in a voicf which their Representatives would no' dare .to disregard. .f the G'overnme1 would -cetsentto afiopt the system of di yect'tates, and attempt to draw such lrm sums from the people, it would soon hio aiscovered that the tax-paying citizen: would not, for a moment, enhcire tih haur then. The very faei,tint each man i.. the community would then know the precisr amount of tax which he paid, e-mabli4he: the soundness of abe proposition. that in ; popular.government, direct t axes are to li -ferred to thobe which are indirect. Biu 1hdischance eannot Iow he introditeet into our Federal legislation. the adjt;t ment of the Tariff, upon such modifica tions as will conduce to the pence. harmo nyand integrity of the Union, is soleni; reqtred, as well by the dictates o wiclon as of patriotsm. The past history of ott country will indicate the evik which ar to be avoided -evils of a menacing aspec The placd.g States will not endure pro Seetive-duties. They will insiit. that du ties shil be laid exltisivelv for revetiu .and thnt no-revenue shall be raised, titan i -regqiire4l ty the economrical wamts of iih Governtmentt. The peoptle of this seetitoi contend for at uniformi ad vatloremn dt: upon all impiortattions opoun a scale gradii ated with reference to iiminishedl- ep.'n ditures and the economical demands or tti Government. Frotm the Co.nptroller's iteport, the followt Ing abstract is obtainted, exibhiting the contid mIon of the finiances of the State on the ht Oct. 1829. The undrawn balaur~es of exist ing appropriatins amotunt to $109,139 *2 The usual atnd necesary a poro - priations for the year 18l0, $2.420 0 Making. $390,359 2 To meet the pty~n.:mu of which, there is cash inthe two Treas aries, Oct. 1st 1:39, $113.037 6 Arid nett amont of taxes to be collected int 1i40, 291 00 0 Making, $40j3,08'7 :I Which wilt innve only a bnlance of abcect 312,500 in the Treasury. on the 1.t .-tohe~ next, without the prospcect ofatny receipts nutt the taxes shall be collected anti paid to0 th Treasury, in nsay atnd Junae 1i41. it is important to know the prec~se sitetatioi of the State. in relatio ito the debt-lue liy it and the funtds beloncgiing to it, to meet 'htos, debts. For this patrposei I have caused -1 staite meat to be prepared. giving this inforactatitm and herewith commnmcated. Fronm this 'hnc guent, tihe following general reuslt isobtained Agregate amount of funds be longing to the State, S3.630.8302 Aggregate of debts due by the State, 3,039,24~3 Pl Balance in favor of the State 5591,583 4( But it is proper to state, that in the armounl of debts due by the State, is inclutded the deposite of $1,05i,422 09 of the surplut revenue of the United States. In additiot to the above liabilities, the St ate is respon sible for the two mailliots of bonds issuet for the rebuilding of Charleston, and Coi the guarantee of the two millions loan for the Louisville,Cinciunnatti,and Charles tan Rail Road. The Bank of the St ate of Sotith Cahroli na is in a sound coordition, nedt under the prudent mnanagement of an elliiient Di rectory. and abile and assidnous ohfteer-, ii tmerits your continued cuiide.tee. The pronts of this institution the piresent year are 210.001). which snmo has ben c,.rriedI to the Sinkint lFundl. niow amounting~ tr $948,058 :D 88')t),0 of this amonn' will be applied, on the 1st .Janu:iry next, to pay the hllers of the 6 per cent Stock of this S ate. create-1 ct-cder -in art of rthe Legislature, passed 182t. and1 redremrable on the above mnentionud dlay. I hitrecritlh submit the Annual Statemnent -ifthe Bannk. The true condititit of the Banks of thii. State, is, at all timnet. a sttbiect or diep Imsrast to the people. btut tre especially atS.in si3 iketr the nna in which) we art now placed. For tie purpose, tlcrefore,of -exhibi!iug to the public their present situa tion, ~I applied to them -for statements, shewing their respective liabilities and is sets. With a prai*ewurthy promptitude, each of them re poneil 'd to the call, by furnishing mile with reports on the several poits of eatiry, which I now lay before you'for y-Pur jor;froaniou. The country was just recovering from the shock which the Cunvukion of 1837 had produced. i hen another crisis ill otur m .netary affairs, accomt-inied by the ue pension of specie paymenti by sote nfi tie Banks, has agueia thrown the htusness anl com nerce of thu cotiitmunitv itot colnfusion The frequ-ncy of these suspensions. ie mteoustrates tle existence of smie adherent vices in the Bantki ng s3stemn, or mismfan agement by :those who control its opera tions, and administer its affairs. .It he celastic your duty, as the guardians of the rights and iterests of the people, to take care that the Republic receive no detri nent. You-are urged by every consider ation of sound polizy, and the just regard to tie welfare of the contry, to probe the evil-to) fhe- bottiam, auj,*by tho appalicationa of the proper remedies, to bring back these moneyed corporalions,to a healthy perfeortn ance of their functions. Indeed.the Banks are as much interested in the investigt tion and reformation of these defectsas tiae community; for, without an elficient reme dy, the Banking system tnust terminate in convulsion, which it is the interest of all to avoid. If, however, the. mischief recoiled up-in the banks alonc. then it would be a oatter which would not conceru the put'iiic. But, unhappily, the whole com munity are the viciim of the evils which ensue. The di'raugeneitt inl the curreacy, clonsequent on the refusal of the Banks to redeen their bills in specie, affects the price of the great staples of outr couttatry. which are the instrtments of all our com comnamrcial exchanges, The value of property of every description, the disturb ance of the relations hetweeti creditor and deotor, and in fact, the whole business of socit ty. in all its ratiicatiotns, experience the disastous effeets of this depreciation in the currenacy This is not an exaggera led picatire of the evil. The suspensin by the Banks, i, a departare from the paur poses foir % hich their r.harters were arant ed, nod n pliin violation of those duties, whiih are enjoined upon them, itn tle terms of their creation. The previous his iory of the country, in relation to char tered companies, enhirees the necpssity of placing new salfe guards t) prevent fle evils which have been felt. All charters which confer exclusive privilecs on cer tain .persons. intreuach u pon the equal rights ofulthe.rest of the commtunit,. It is cer tain, they require to he restr:ained by legal enacttmenits; and yet the chariers, lay which artificial persons are created, are held uap 'is Conttaiatitag all the reulatiolts concern ing- thorn, within the comsp.:tency of athe Legilature. It migiht be wise and poslitie, to prevent future evil, hs- the Legislature to pass a geierai law upotn tie subject of -ll charers. subseqieitly to be granted. reserving tle right to iakce such farthaer provision, as nav he rcquired to keep thei within the littits of their appropriate .u:ies, and coimpel them to fulfil the ujt-cts of their creation. It givina you "informaion of the con .hltion of the State," I zhould feel that I was justly oboxious to the clirge of neg lectintg one of the iost itmporttat bratches .1f industry, were I to be si ent'in the sub ject of Agrictulture. This purunit of the great inass of the people, has claims tipon your fostering care and :ttenititn. It is the sonce- of our wealth, and power, and fitiishes the aneanas of ur commecial ex hatnges. Yet its importance seem< never m lae been real'zed hv the linstitutil -a thairitie-s oaf the-S ite; for it is a honient. abile truth, that whlile etthaer branche< oafi .1 aastry haave received :an itap1ualne. lby whole -de' 1ans, thet gent itmirest aif Agriectl ture iansve beetn p'isedl by ;almttwith W ia tmut cotm:empilt. It is ntowt ti-tne fear t hag Sit te teo dl-isis fromt hter coutnsels tin - coH indd.renace, ande tea take suach -c.~ .n thIa u .je'ct, as will ptrottia 's sutces. ice expiltrm e the cauases whicht htave .-etia ei the pirogresns of the State itt popit~Itiot, *'aihth ad impttort ttce, noett~ is matare pro mtintui a han the tutter neglect oaf thi< pri m tary pa-rsnit. It cannotet hte doitnhted, th:: - Suthl Cartolinta once poss-sed a stail eal n usurpasseal lfertility. Baut this richa gift ..'fra kitat Praovidlenee, has been, itt a grealt mecasure, loast, by at most pterniciotus cutrs' oaf hatsbdandry. A largte plartionu of thais *oce flour-iling treiota, btles.edl too, ni ith -a propniiutus clinate-, itas been redtuced tat Ssterilhty. Yet, all haope of reclaimning taste ret~,trietg to its wenait ed praod tietivetness, oaur r ' xh~tasted soil, is not itt vain. It is a lie Inaeliert ptrovisionr of a gooud Praiviadenace, tat benaeatht the surfatce or thte earth, are toe be fountd subistances aof the tmtst fertili zatg quailities. Th'leir discovr-ry, htowever, reque thre appiilicatiaon oif science. rantd caas seladomu passetned Iby indi vidal te. It i-, itn such acase, that a wise anti patri aitic Legislature shao'ild extenad its aid Buat to subser ve ftilly the inaterests ot A gri cututre, thte Legishutttre shoutltd noat coneit its operations to a Geological Sturve~y a lone. With this shtouldl he coninectedl an Agricultural Survey. WVhile the foraner would brinig us acqu'ainted with all the subl stances which enterinttahe cotmpositi..n oaf that portion of the earth to whcicha we can have access, thte hatter will elicit a mass of informnation, itt relation to every thinec that concerns Agriculture, wvhichl cetatnot flail to be highly useful. Int other countries, the utility of agricultural surveys has becen fully proved, by the valutable results Beat, in carrying int -effect such surveys as have been metationied, that valne of te re'sulIts, wvoutld dlependt upnn the selection of ant in-. dlividutal, ptossessing the highee qitalifica titus, combliining a preifeaond knowledge of the subjects of inavestiirationt, a sountd dis crimtinatitna judrrment, and an uaniring zeal rand induastry. The expencuae of steuchattr jeet, shotthe not lie w.:i;:hed aga-inst the intestalnable impuortance of the eti lret potsed. Being dea-ply imtpressetd with the prractiet tas'ruhress oaf such sutrve-ys, I err neast ly recommtnrta th-at youa providle ihra their accompglislimena. But wvhiile the developementt of thte phy sicral re-saane.-s of oura coauntry shtottbl claimt st herro a shar-e ofC your seriatas atte-ntiona, poput ar , d acation ouaght to htai tlte firsa pla-e Ir yo ar erma iaan. It is knowvled:,e, intt'lieactual, rao at :andrr higlonsu, thaat ce'' .;eutu.o. the man,. Without its poasessioti, wealth would be a curse, instead ora bls sing. lesides, the stahility aorl perma nonce 6f our republican ineqtitutins, have their only guarantee. in an inielligent mor al and, religioion population. I lece, this important subject ha'4s ciimndnled the warmest regard of those who have prece lcd u is Theestablishient of the Collee.-', and the adoption of the Free School Sy. ten, are enlring mnonmmente,. to the moemory of'those. hy whose sagalCiouise el tori, they were broueght hoin exiec The lirmer from snni,:l beginttings, has i isen to n proud eminence among the lit erary instittions of our great Conledern ey, aund is annually sendiig forth a halid oi well educated'tl yoib.;, tie fatnre glory aid oriminet oh' their country; the Iatter, ,ithonen haseil upon the soiiudest priiei piles 01 a free Govermnent has no1 yielded all those beiefits wirich its intrinsic excel lence so jusily deserved. At ynir last session, commnissionerq were tppimned, inl every electioi districi of tile State, to ex amine and revise the Free School system, and in report to the Exceutive such a niendmenit or altermion4, as ;hey might deem useful. M any of Uiese coinission ers, with a very commendiboe zeal and ability, have discharged the importaul duty assigied to them, while othershave failed to make reports. I obedience toi your resolution, I have placed the report4 which have been made. inl the Iands of a co'n mi,siot of t wo gnilemnpt, Profnsqors El liott and Thornwell. to be exanined by them, nd a systiem to tic devised, andl sub minled it, you, at the present sCSson. T'neir report. as soon as prepared, shall be transmited to you, with the reports of the district coinmist.ioners. It aleiris me unfeigned pleasure. to nit nounce to you, that the College continies to. answer the high expectations of the State. Iis rapidly advaneing in it career of prosperity and usefulness, which miust redound to the hasting benefit of tle coon try. to steadily iticreases in oumlbers, al 'h'otgh the standarlof admission is higher than foirmerly. I ardeently recommend thib inble institutioi to your paternal aml Ibsteriig care. 'The Sl ie icn on11'ly expect to maintiami its wonted high character, by an enlightened popiution, well groun ded in solid learning, and a lofty moral elevation. Ii a free goverinct, there exists ajust jealousy of standing arm'ee. The history of all natiolis jnustifies lins feeling. I is re cords are replete with instanceb of their danger to ilwrty. Our ancestors had a practical knowledce oil thit subject. which led them to go ard, by cone!ituiional re strictions, agatnst their iniroiuction. Hence, the relininee of thle Iramin-'rs of (our costitnition, otn tIhe Militia. and tie provi sion ior orgaizing, arming, andl discip imntg it. IIlence, thei: r'ecit~i ion o P gre it polittcal truth, that a well regilatedl A:lin a, is c.?ential to the safety 01 a lree State; ail eeriainly our ancestors wire nt d- ceived, it their es-iimlite of thu de pientl o .vhieh might he reposed in it, ellioy. or uie purjipe of difneive wi.irtlre. it will not tie hazarilin ton much, to assert, that 1lt ii a re f('ial, i i no - peritor. to merceoary troops. The nohlesi aill highe"t lot ive ti-it caln actitte tll-he Ibsom~ - , man. imp~ela the einzen smoldivr to 41ruwv hi, sw ord, to repel the invdih-r ol his soil, and to delimil his alir nnld fire side. It nay lie coicedecd that. 'or pirpo ses of for'eignt conqiest, regular troops are More available. But, happy for us that it is so this grenw Cinfetlercy of itepih lican States, is, from its chiracter, pacific. and never canl he prone to eigage in w.ir< merely for winnmittitg glorv. or acqniring fhreigin do.niui-. Prom these consider ton10s, we leant the vast impoirtance of a Well regulated Militin. To prepare ihem too iijufil the high d.ti-iies fir which they are mte'oded, carie shoiihl lie t ite, to rnai d d cipl ine t hem in timoes of' peire: init thi< duty iapptliis monre espeia~lly to no o;fiier,. I am aw atare thal freeen .tll not subilit 1.1 tiioue ri.gii rih"<, whui'h ru appilica:.le to the regtinar sohier- ntor tajioid, that the prival,' ilitia nm e:ma. ir nitehit to bte, sulheredi to the ,tmi de re'i of riguirois disciplineC, as a sd hier, it Ihe re,;luari ranutks. Indueed it in <po.aiona iile. l'tin.-r the anemti o giveo the private :ie suddi-r, shotnbl .e oinile at all. It js 'tot heli evedl to be essentail to tile peri.'e ti im of' ill sysrem, that a 'i such attempti .tioiill he mia. Ie. Bitt the ease is wti- lely ,lim-urnt nit I the militin oflcrs: they mnay se inistriucied. & brought to a hiigh degree of i~i pinie in lie military at.t And if the otlcers htave aitainied to a respectable dhe aree of kitnwledge, it will tnt lie ditlienli futr thi'm, ini a periodc ofaiciual service, in mrini their menct, in a short timie. in all the duities oif ihe soldier. Siiiib Carolina has acted on the assumin owiuf this iidea: antd tll her tmilitiai lawn look partienhlarly to a body of well trained anid disciplined ofi cers~. Anid perhaps no instrument has been mlore( uneful in aeccuomplishmng thtis eoi,. thanl Brigade E ncamipmtenits. It will be r";adily adniitted, that these assembhlages are' attended wit h much inronvenuience to the oflicer" and sergeants. Diit liberty can only lie tmaintainted at the expense of great s.'rific'es, tatd eternal vigilance. E xemp tion from intcontvenience woi l be inade .qu t ~hcetiotin, for the ease anud in activity ott despotism. which -vonidt ftllow the injtroduiction oif st andline nrmies, in the place of thn tmilitiat. Neverihenless, the legislaturte should seek to render the per formatter of thiis iduty as little 'onerous as posibile, consistent w'ith the great obiject to be el'eeted.' Per'hapisthe systemt hears with. more oppre)iP'i ve ioht tin the ser eants, wthoar'e ciompeilledl by law to serve a limtited tme, noi matltter what mtay be their mecans. To alleviate the burden't as tmteh as pos"ible, I would repeat the re commndtatitton of myv predetcessor, that rn tions should be istued to the officers andit sergeantts, at Birigadhe Enenmpmentn. I herewith transmtit the Ruport oif the Adin atit and 1insp. General, for the year 1859. Perhatps nothiaig exhibits the progr"os of ci vi!izat ioun more -itrin kingly ,than well con trctedl highwtatys thr 'ughou~t at country: ad sorely not hing ca. durcs mtore to the e tse and comfort of' the citien.it-o a4 cotmutiiy like ors, where the artic'les rnnprted by thie platnter:to market, tro ieavy nn~d butlky, thIt' necesmby, in doubly Irgent. to consernel such high wny<s a1'i :-aril itate the iran stion . T1he rep iir, of the rouiads, hv thet existinta laws. At pe..d ..on thn lnhnr of the inhabitaot, for tnot tort then twelve davs inl the venr. Tito' iystemn operates unequally. 'While the Iabor bestowed upon cer ain portions of the roads is suffiient to maiuain them in good order, in other .portion-, the same labor would he wholy inisuflicienti. From the lhee of the country. its unevenness, nd the Mtre of the soil. more labor will be requi red in some sections, Itan in others. Ag.iii. those lioniots of the country, whicl lie more cnlitietiouls to thle narket iowsi,. fro tihe ireater Inount of travelling over theiml wit h hen vV wagonQ, and fitel front the nture ofithe oil, and irregularity of surface. reqtire vastlv more work to pot anti keep them in good order, than other portions, more remote, and more favored. inl he cireumtiances mnttioned. lence. tne porinti of the inhabiinnts. is suljected to a greater degree oflabor than another, and n o exchivelv for their own benelit, hl; for the bent fit of licrhlin pis a more net mett'routis classs who have expetndedi ni labor on these rondti. To remed1y this inequali ty, and injustice, presiiits a dilficilt (iuri tion. If however. tie 12 davs' labor most ihf::"-,- expen~ed, n hich -he iihabitants are boind to bevstow, wouhi pinae the high ways in a servicee ilp cin diiion. the ineon ventiClce comiplained of would he less re gretBted. But, from the ditficulties already po'nt.-d otut, this aniount of w ork, however faitihilly execnted, would, in many plIcs, be iiiietii to effect the nbject. Heice, it oifte nappets, that ithe planwter has to encounter sneh a wretelted state of the hi;;hways, as to cauwe gr:-a:l dminiage of vehicles :ntd horses. atid iiuch rotuiimp tion iof time: antid, in many in-tances fhie aid condition ofthe road, lir-e.ets an ut ter obsitacle to further proeress. It is probahble that tite inducement which the Legislat ore, b3 a late act, has held fot for the formation of .companies, to establish turnpike roads, will fail of its purpose, as menl eninnot be pierSuaded to vestI money in anty e etrprize. Winhtot a fair prospect of a profitable return in the %ha pe ofl inter est, or dividends. I trust your wisdom will he able to devise some remedy, for i hiese --reat e% ils. Bifre leaving, the <nh ject, I wouli recommend what has already been pressed upon 3 oinr coisider:tsion, liv one ofiny predecessors, that the Commlis sionters of the Roa.ls, t hiroughoesut tile Sri should he allowed to coniute labor. for money, in all cases where the person liable to road dn ty. imight prefer -it. The mone' t:uis raisedh. to constitute a fund, to let out, in cotracts. for .eoarilng, antd1 keepin. iin repair, certnin portions of the roads. The Legishmure. in 1637. hv no Act eii tiled --Ai Act to Lend theCredit of the Siate, to 6ecure any Loan which may be iitde by tile Louisville, Cincinnati titd ,irb-Glon Raitoad Company," authori sed the COimany to burrow two million, of, dollars, and 'plele tle faith of the Simi:, to secure tle patvment of pricipal .mlld interest ; and, as 41n indemnity to the State, the cst.ite, prolert, -ind funs. withiu tle State. which the sail company ien posessed, or uight afterwards ae iltire, wete pledlued and moirigted it) tie' .)aute,lor ilie pi teriatet'.oti ihI. patrt (if ilih Clim pany twli cot raci in priorty & prefer ''nets i o1 0it herdeli which the said com pany might thn, or at an3 otherlimie, me. lit, at t te sameoc titne, the c ntiliity nt all.,wed, in cae it sholiuhipoirehse .the Railroad of the South Carolra Canal and Rail Ioad Company. to iuori2.tge the .aid road to the South Caroni Canlal HIM Rail Road Compaiy, fori ary suti not exceedeing tiwo-thirds of the purciase mon11ey1, il.1 give ito the Stuh rarolina Cttal ani Rail Roail Coiimanv, a ie iireon, inl perferenceinto tle miort:i.:e tile State. Tli L mui-ville. Cincinnati, & (mat let u.s R. R. ComIpaititv did purclhiase tie S. C. Caial and R. Road A lire b:i laice, of ah;,mu $U0J.,0U 1 o this- pirchase mtoney, still remin~is sloe; for n~ hitch i lee upon theii rondi exists, ameii fsor cihiet the sroad i- liable to lie soeld, to rai-e i he mtoniev. in case of thle fihire of the Lsoisville, C incintnati, and Charluresiton I Rail Rans xomp mt to~ t mk~ Ie pilym'tent. Th'its setmi .s dtie t te I-..tof J imsutry net As t he dothl Cinruli.s.t Canal raul Raiilrsoadt is the fort it. gntatrnnelet f1th Iwot msi'hes listn. i mats the highly impijoruamnt to the dialte.to lookd to tho stticienev sif its lien. It seemns tiat lihe I .ooi.vvileI, Citninati and CTha rle, tlon U..ail 'sstnd Comp 1anty can nos, in ttme, rise the nteessary meians, fronti its owit Stockl ihlers.0 mntieer thteir engnuetimen;. liece it hecomues a jtiestioin, which deep ly cosncerns the State, what course it ought to pursue, to secur ie nn exelnosive lien. hsv the remoivail of this incumbilratice, which sttnds in its wily. It wits mty dmty to give youi thec informtatini: it belhmtgs to your visdlom, to decide ott the rourse you ouaht to itke. TIhe ,hiudiciary system, since its laqt te orgttn izatiton, seemstt to pi-rthrm its fitnle. tionis ini a ta::nter atnswernhile in the expee ttioens of the Legislatuare. Yet it seemts td me, thart the system wtnl he mtoreeon plete, by the creaitieon of Inferior Courts. The fortiler trial anid reject ion of Cminlir Courts in thtis State, is ntie a fair test, by whieb 0ow to cotndemn them. Th'ley wye-e len huts paurrially usedh, antd only -in the upper court ry. CThe lit tle progress which tiis uportioni tf theo Suite had thten mtadse it inteligentce,iias enlieltited toe expo~o thmemr to cote~mpi andh ridicnle. Butt ntow, a dilferentt stale eif things exts, andiele useful instimei lins, wvhich prevtail ini every State of the Untion, excepit thi<, wonhl be found v'alttable auxiliaries in the udminis tration of justice, andi in the managemiema af the police of thet districts. if adopted, the ditties now performed by the Ordina ries, tmighit he tadvantagteously t ransferresd to these tribtumals. They should be vested with jurnistdictiont to a limited amount ini ases tof contracts, and miisdemeatnrs. And aill the powvers no0w exercisedl by the Commtissioners of the Roads, the Poor, antd the Public Butildinugs, should be vest edl in thtem. VTe trial by jury, is justly esieemed anonutst us, os otte of the birthrights of Freemeti, antd is, by our Coniistituitioen, zeal. usly gtuarded against invasitn. It. is a strite defencee -igamnat ustnrpaiotn or op-. tres innt int pithihe propmsectionets; anid li thme d'ctsion of pirivtle rights, usniily -f erds a tribunattl im partial. andI at the atti timne tuinhned with ta utseful portions . t lie nieighhorhodi feeling tantd inieil!i ~ece. Biut, itt prop~ortiont ats the itistito oni i< vahtuablle, and hii-~h ini piubhilicaveer. .old Ibe thes carte taken to rendeer it per 1.Ai isOeainous. Its necessry nn dency. is to dcitiorts from the enet tili formiky of decision, which, in like circum staticies would rendet to c ery one the like measure of justice; and as fiar as practicable, wiihout uondje restraints, ilhese deviatioini should be circuniseribed. Wheiher this injnrious tendenc. may not he increased hv the various bhtits and tempers of various Judges, and how far, if at all. it would he wet: to conirol the discreiion of the Judges in their sunnings of irs to the Jury, a, . qeiStiOns lt It your wisdoim to deteritie. 8o, also, is the qu.estioni whetlher it is expedliient to at tempt any menns more el1ectual, than the practice in appeahs, to correct ihe errors which, under the best influences, juries oien cooimlit, in mners of' mixed law and itet : or, soittimes, een it: pure atulters of facts cominiitted to then. Our provisions. a3 to the drawing h jnorics eii nell alapted to guail againlst the paritiality of summonig officer", anti to secure a patilel above suspicion: but it still somretimes hu;-pens that a party is obliged to submit his case to jurymnen. from one or nmore of whom, he has rea sOUs for apprehending inijutiuce, although he canl make no challenge. upon sufficient legal ground; and a verdict is rendered, Which. wouli have beei materially alter ed by the chanize of one, or at mo't, two jirynen, frot which all relief, by lppeal, is hopeless. Whether, wiiaout 0nv mtte rial chauge in the practicel of itr Cmtaris Ole right might not be iven to every pnrty litigant. it) strike without cause, one or Im .rc of of* the jurymen. from the lie.i of. fared to him. -1 alsn present as a question for your consideratioi, wi:h a beli fon iy part. that such a right mtighit be con ferredh n% ith great advanainge. The polic executions f 'capital omien ders, is an exhiition, which is believed to exert an injurious innience ipon the iits and iorals oh' the p'-ople. The terror, with which snei sc nes shhidd strike the beholder, is iften corivitted intio sympathy for -the stupposed suiTerer. wlo.e exit has sonetimes the apopearauce of n sort iof 'triumph, uiterly iiceonsistent whith the hir ror, which should be inspired by his crime in all cases, the inia2ination would in vest the dread sntction of the law, with a horror. not fleh in witnesirg the infliiittn. The liari which would h- hardened by lie sight, mighr he subhdted by the considera lin of tle fact. known to occur, bit hid den anid eilihed in the soletmnity of dark - ntes,, n1n1i1 privacy : amd. insitead of the wvicked suggestionls nod bruta14 excesAel', which oftie attend anil result from pub lic spect tels of suirering, nid public dis cissious of the suliitrer's mi-dieds. gond intience4 ihiiltt atteml the calnm reflec tions which woui flolliv the verminiy or, the offender's heine ct ol' wi'hou 'mi pathy or support. This is pe-rhaps espe Cially t1rute, in the c;se of a slave, sur. rounded as he generilly is, by his fellow slaves. I the'refore sugtgest the propriiety of' all exi'citintis bein etondne'ed in some privnte place, atid in the presewre of sucht p--rsonts only a-. the law shall d-siginate. I h'rewiih itnrsmii the Censuis of the free white inhaninte of' this. Sinte. taken in pursuanceof the act passed at the las. setun of the Legislature. The whole :iuiahr is a4ecriained to he. 257,117. In obeilience to your resolitin- of the last sessioin, requiring me to correspontd wvithithe Execiive of Georgin, for the pur toiiie of ohtaining information on the sub je't o' the controversy between that Stite and1 the State (of Maiue. in reiation to an alleghed inframtion. oin the part -of the ltter. of that part of thei'. rititittition of the U. States, whieh relates in fugitives from j::s tire. I beg li'v t in ifori yoii, that I have performeil ilat dutv, Mil herewith tran mit the lovi'e is, shewinig the prisent present stale of the enttrnversy. I rm utimit toiuto thu proice'edintg of t hi Leeislatiires of sev.'ral Stntes, oiu variou ,ubhjiects of sui~pposed comtmon conecern to 'I the Sinaies, wihihi tire milai efore y ou :1 their reilpi-st. .ahaii intvite yonr tieti on to the copy oif -mn Act, p-wed.i'i by the [Legislinture nf Ithe Strate ofi N. Yiirk, ''ii anthorise the urr'est atud deitention of fugitive's from jni tte.-. fromt other S.ires andl T1errittorii's of tie Untitedl Simaes."' tratnsmuitted to tme for lie 1impuse of betini laid befor'e yotu, w mh a view of piroienri the passage of a sitmi lar law buy all the States. It has tieeu sutggestedl to me, by a coin matnicetin from Daniei Birenit, Esqr'. U. states Consul at the city of Parris, in the Kingduom of France, that great dillieulty and embharrassmtenut atre consiantly expe riencedl by citizents of thte United States, aund oilier persons abroad, from the watt 'if someo ounihrm antd simpjle mode of' ac kinowle'dgementt, of deeds tif convey'ane of reail estate. anid other property, situate ini the several States of this Utnion, and executetd without thi' litius of the United State<. This matter appears to lbe entith ed to your conisideration. I theref'oire, in tecorIanice with rte regnest of' Mr. Bret hty his commutunieatiiin before yo.u. c'os titiig thle project of a law, to ri'move lie dillieuhty arid emabarrasment comn plinedi'i oh'. It wvijl afird me sinerere pleasure, to co olierate with you ini all measutres, caieu hated to advoatce the hnppiness and pros perity of our common cotuntr'v; and I sup)plic-ate the Suprenme Rule.r of the Uni verge, so to direert your. delibierations', that your labors miav condlur'e to this hi'nificet result. PATRICK( NOIHLE. Virginiah ILegilature.-Thte Richunmnd En'iuirer makes the followitnp classih'i' a' toun Sennte--Arbuiinisration 19. Whuigs 10. Conservative< 3. Hlouse--Admninistration 6-; Whtigs 137. Impr'acticable Whigs 11. Conservaties 3. Doubtful I. Totals. Ad mtinisiraritin82, Whigs 66. Impracticable WVhigs 11. Coaservatives 9. Donb ful 1. Tennessee Senators.-The Hn. E. H. Foster, one of' the U. S. Semiitors from Tennessee, has addre'ssed a letter to the Legishaire of that Siatet, resigninig his seat in consequience of instrtuctions by that body. against a Nathinl Batnk and ini favor of the Stib-Tresnry. Judge White, it is said, will follow the examupie oh' his col lt-ngue. This will securo two more Scena tors hor the Adiiu'nistra' ton. The o--y prisoner in Nantueket Jail has give'n thme Shieri r noltiee thiat unles< the prioner' is repmetd so as tto guard him at jjisntt the inelemnucy of the weather, I,' ,--mmt roemia much Iior. Legistative Proceedinu. Cerrespondrnt if Mhe Caurcston Courkw. CoLUMBIA, Nov. 23, 1839. Agreenbly to the 10th detion or tie 6t Article of the Costitntion orthis State, lioth braiches of the Legitlature convened at the Capitol, IN THE SENATE. The President tuok his -ai; The Hom. Dion-lhl Douglass, Vntnber elect. froim .IMbeville. ih the place of the 111n. P aick Noble, elected Governor, appeared, qnalifit d and intok hi; seat. The Senate tfhen proceeded to the elee ,ion of a Clerk iti tile place of Mr. Warley; lite Clerk. dece-ascil; when Wim. E. Mar tin, was duly elected. Messrs. dilover, Lawton and Dwoii, were appointed a Coammittee to wait off the Goveroor, itiforming hill, that the Sen ate had ioriied a quorum, proceeded to Ittsiines and wpre ready to receive anf communietiofn from him. Mr. Glover, fromi the Committee SPi poiied to wait on the Governor, reported ibat a communicativon would he received from hit on to 'morrow at half psist twa o'clock. Mr. Rhett. presented the petition of the Charlebton Neck Fire Company of A'xe. Mr. luger called up the resolutionsi which %%ere hidon the table at the last lession. in rultiotn to appointing Commit tees of the Senate, which iere postponed nitil to morrow. Mr. lluge,r,;tlwn lled the notice ofthe' - Senate it) the fact, that the journids of tbp Senate dill not es.rrespond w ith the printed copy; which n ns referrd to a SpecialCom mittte, to revise and correct the same. Adjourned. HIOUSE OF REPREsENTATIVE9. November. 25. The Hotnce mt thiq day, and a quorum beine present, the Speaker took the Chair, anid the Clerk read the jolarnal of the list day of the sesion of 18.3. Mr. Elmore st)mhited a resolution, tendering the Hall of the Hnouwe of Representatives to the Ag. - ricubural Convention, until the adjuurnw V-1' rmnt of that biodly. M r Eckhard j.resented the petition of the Charleston Ancient Artillery Society, an$ Mr. Aiken, the petition of the Charlesto'm Neck Fire Corrpany of Axemen. eaclr praying incirporaiion, which were referred. to the Committee on incorporatious. Mr. Perry cave notice, that he will, on Wednest1an next. introduee a bill to amend ihe 1':1 Section ofthe 3d Article of the Cod -titutinn or thia State. tessrs. Burt. Caldwell, and Elfe, were appointed n Cuinmmittee to wait on tbe Governor and inform him that the House hal formed a quorum, proceeded to busi oess, and were renadv to receive any com mnitiou from him. Mr. Middleimn presented the petition or the subseribers to the stock of the George: 1inwn and All Saints Rail Road, for amend ment of Chairter. Referred to Committee an Incorporntions. Mr. Eckiirk obtained lenveto withdraw .he petition ofthe First Universal Church of Charlestot. Mr. Burt. from the Committee in wait (in i he Governor, reported that His Excel. Irne) would communticate with the House 6 to-morrow, ut 12.ao'clock. Adjourned. IN SENATE. November, 26. The Senate met, pursuant to adjourn. mnit. Petition,; and Preseitrntmntsa were pre sented by .Ib. Gieuer. from Orangeburah; by Mr. Heity. from York. and Mr. Can tof, from Darlinton, in relation to Intem perance, which were referred to the Jtudi Mr. Allstoit presented the memtriia of the Ollicers aand Serjeante of the 8ih Bri gade, on the subject of the Adjutant and luspector 'Generatris offce, Referred to Military Commnittee. M r. Iltuger subtmitted resolutions in re lation to cnsting the Committees of the Seninea., which were referred to Cottmiutee to droit Rutles of Senate. Mr. H'uge'r, alo piresenrted the petition or' the Marine Society of Suthi Carolina. -praying comtpensation to be allowecd Win, M. Neill, E. P. H arris. and Wmn. Crispin, sailnre, dletaium-d 12 tmonths in jail, as wit. nesses, fos thte purpose of givitng evidence in behalf of the State. Referred to Corn. mittee Otn Claitms. A Messnee No. 1. wats received fi-om His Excellency the Governor, by his pri vate secretary. andI madfe the special order ot the clay on 'rhursdiay next, at 12 o'clock. Mr. Huger, presented the petitiona of G. A. Trrinholmt, praying the State to re lease its title to certamt escheated property. Referred to the Judliciary Cotmmittee, also. . the petition otf the Charleston Ancient Bat talion of Artillery for a renewal of their. cha~rter. The pectition of the Marion Fire Engine Comnpany anal the German Fire Engine Company,. for incorporations;t also a re port of the Comiamissioners of FreeSchools, for St. Philips and St. Mdichaels. Refer redl to the' Committee on Schools. And an atbstract of the tranisient and city poor for 1839. Referred to the Committee on. Finance. Adjourned. ItOUSE OF EI:PRESENrTATIVES. Noventber, 26. The Hottse met pursuantft to adjournment.. A miessage wa received from the Senate infhrming~ the Hlouse that it had met. elees ted WV. E. Martin, Clerk, and was ready to proceed to business. Mr. Hlibbler, off'eredl a resolution, provi cling for the pttyaymnt of States' witnesses, Ordleredl for contsideratti'n to-morrow.. Messatge No. 1 was received from his. Excelleuey the Governor, by his privrate Secret ary, B. F. Watre. Esq., and read by him. Ordered to be prir'ed anal made the special order of the day for Thursday u. xt. Mr. Douglass. offered a resolui,n, in: quirine into tb- expedliency of establishing the ollice of Superintendant or PUhfic Works. .9set'z5o Grand .irtes tj- m tittedh hv Messrs. Ii, HI. 1.~ A n Sprabrh P. rfetn; Perry, f-om en fro .im;pson, from Unior,, A - ne .m Fairfield; and Cro~~tt, from on.