Edgefield advertiser. (Edgefield, S.C.) 1836-current, December 02, 1841, Image 2
"svenue WeIch It to popmea to abstract, at
the very MOsan when the Federal Troas&
ly issad torequire to be replenished. it
med seem like wantonly seeking a pre
t to increase taxation. But coiidered
in any point of view, it can be regirded
is no other fight than that of a distribution
tshe public revenue. In one year, du
eing 'r m admiaistrarion, The pro
eeeds the sales of ablic lands, produced
a revenue of upwardof twenty millions
W a maximum to which, in aoe prosperous
tines, it would possibly again attain. Its
may eves mow be estimated a
gve millions. wbic ifaantnually withdrawn
rem the Treasur'ieas that 4eceetncy
at tobe so by increased duties
.=n import, T t the gdvernent can
asercese tbe power of tazation to raise
enoe for stribution, is a principle I
presume, wbhb this State is not prepared
-0 admit. Under the operation of the va
viemspreeption laws, aGW the (eqeat re
iAmtions in the price of public lans, those
.ery.States which were the largest con
tributMo to the -Public Domain" or whose
'blqod and treasire" were most lavishly
expended to acquire it, havo at the same
time been subteed to the greatest sacri6
tea, in the emigration of their citiapus, and
in the diminished value of their products,
rednced by an unequal competition with
the more abundant and teeming resource'
of those now and eitile -egious. which
their enterprise anti indety have been
seduced nod abstracted to culivate, to the
wtkste and abandonment of their own. It
was enough to have borne all this with pa
(iotic devution to the interests of nor coin
.mon country; but when it is proposed to
-divert that domain (tom the sacred purpo
wes for which it was ceded, to afford a pre
text for additinnal burdens and taxation on
one class of Industry, to give protection anti
bounty to another, it assumes a character
of the highest injustice, as weni as the most
palpable infraction of constitutional prioei
ples.
But the most dangerous, as well as the
most humiliating el'ect of this measure, is
the condition of dependency. ;o which it
iedaces the States,. up-n the bounty unit
benefaction of the governnest-existin:
as they woiltI, in the relation of subsidia
ties upon the profits of their osvia estate
receiving its charity, duled out from their
own wealth, and subdued to a state of
homage, servility, and compliance, by
bribes, stolen and lavished frotm their own
Treasury. Is it not to lie regaded as the
first step to the assumption of State lebts
-<esigned to consummate a cotsolidatiot
of interests, obliterating all distinctions ot
onvereignty, or pride of independence, and
renditig to concentrate Empire and Do
Minion over the rights of the States, and
the liberlies of the pcoplt?
I trust. however, that the spirit of re
fornn, w bich has been so powerfully evoked
by theerrors of the late session of Congres,.
and so detidedly manifested in thd relo.
of the late popular elections throughout the
Union, will prevent the spoils and plunder
of this systetm, from ever sailinig the Trea,
itry. or contaminating the coffers of a sin
Cle State in the Union. Let as pause. at
;east for a moment, in the hope, that the
errect'principles and high motives of na
onbought, unterriaed, and: incorruptible
Democrady, are operating their. s : and
salutary inluences on the cga is and
measaree of Government.- .; -
Amogoth "tiea tng which, as the
it Otial cOimteatik~esistr0 ate.,
is 01y -ory..f s'ubmii, to A CO!eodinate
the elegibility or the Federal Executive to
isne term of ollice, The experteee ot
this State futuishes un. reasuns for such an
innovation upon the long established usage
an I prinesple's ofth e governmeqt. 1I can
not conceive that it can be productive et
any other effects than to increase the ust*
ally oeer-turouagle excitement of the Presi
deantial canvass-to renider its recurrence
more frequent-to discovaeet the relation,
of sympathy betweenthe E~xcnttvc andI
his constituents-to direst him of the mu.t
powerful tmotives to regard the eill, or to
merit the apiprobation of the people-and iso
make him the instrument of a party. tu
minister to its pursoses, and to pander to its
lust of domination.
1n all the history of our government, the
influence ofthe Excutive power. to meth
fy its action ont the reserved rights of the
States, has been of a canservative, rath...
than of an agressive character. More
than twice has it been inter.osied to restcue
the people fromr the dlotmination atnd abus
se's of a National Bank. It v~as in tde
fence ot our rigli-e nnd our m-t.tutiuns,
that the determ'ina totn of a late Executtvei
to refuse bi,. consutitnal sanctio to st-e
abolition of sla'vry in any ofits formts, was
so fearlesly avowed; and tail.Staste, ? pre
sume, enn have no interest or motive to
retmovo the few sitiutary checks andl em
barrastmtents to the so often unju-t mud isi
considerable legmslation uf a majority itn
Congre-as, as to indtuce it to waor agatnat
the digiiy and prero::niives of a depart
ment, the weake,.t anud mnot conse4rvative,
perhapsits the governtment.
I also s'tl'mit fair the serious coualdern
tion of the Legnainture, a copy uf thle cott
muica~tioni of the Legislature. a copy oh
the communlestion oh the Governor el Vir
gitnia, on the proceedings of the Gecneralh
Assembly of that State, on the suhject of
her late controversy wuith New York; and
Repor's and Riesolutiotis from the State of
Alabaitne, responinig ti the views andl
declarations so solemtnly announced by
this dtate, on questions deeply mnvolvitng
the right of property, and the security ad
thedomnestc institutions of the Soth.
.Bonnd by every consideratiun of duty, of
interest, of honor, and of equity, to repel
so Bagrant a disregard of thbe rightasof a sis
ter State, weshould always be ready and
prompt to redeem the pledge of our alliance
to a cause with which our interests tire so
intimately identified. Relations of amity
cannot be preserved even between separate
.neties,inwheb the righsts of propherty are
not regarded as they exist, under the re
spective laws of eseh; much less can soy
.ereign States he permanently allied in a
bond of Union,aunder the same laws, goy.
ernent. and cestilution,, whbere fuigittves
*oam the justice, plunderers of the proper
sy, and violators of the laws, of one, and
refu~ge and impnaitys under-the sanction of
the constituted antheriesof the other.
No wrong is more readily resented by na-j
tions-no injustice can more deeply .stain
osa rah. orumore essttial7ly ipeir the
rend.ad laduiate, relatdsos of confede
It would be a reproach 14
the Cha'ricier of our institutions, if clstis
which are reeoguised and reciprocated by
the comby and justice of all civilised aa
tion,, shpimd be scornfully refused and con
temned by States federated under the same
laws and constitudou. If the obilasstnu
of the constisution ,thich require one State
to deliver. on demand, fugitives from the
jtstice of aunt her, are to be disregarded.
ear institutions assailed,-the plundeters
of ouw property encouraged and protected.
-then must we regard the perpetrator of
these aggressions. -,no matter by whono
committed," as a foe to our eights, and an
enemy te our peace. Whether the wrung
in this -ease has been done to Virginia or
Sonih Carsfina, the principle is the same,
the interest involved common to both. and
the respousibility of protecting them should
equally devolve on every State to the
Unile. in which justice exercises doatin
ion, orWiitttar institutions exist. Perisist
ing in such a enurs.. of unprovoked hostil
isv to the interests and itstitutions of the
South, New York can only be regarded in
the lit of any s.oher aggressing power
is pencefriends. but eneines in war. The
adoption. in all such instances, of a similar
course of vigilance to that which the State
of Virginia has instituted, would perhaps
be a wise and necessary precaution, to
prevent she recurrence of imtr aggres
sions upon the property and rights oFour
own citizens and institutions. Wc ought,
upou every priuciple of equity and, of it
icrest. to make common cause vsith any
Soste whose rightis and institutious are
tius wantonly violated and assailed.
The.position which itainy becomie this
State to a*sume, on any of the important
questions presoeted,. would seem to soggest
the imporanc and necessity of cultivating
and improving her means of safety and de
fence. It would be a msere sockery to
vaunt of rights. liberty, or sovereignty.
without the spirit. abilty, or resources to
defend them. It would be better at once
to endure threatened or impendiug ills, un
aggravated by opposition. than by unwean
ing denunociati'no-, and imipetent exhibi
tielne of resistance. St) provoke and increase
thtir bitterness. Prohibited, boith by- the
character of our institutions. aud the re
strictions of the constitution, from resorting
to any other meansof cultivating our mili
tia, it should he cherished to the highest
state of pe.ifection. and with a pride aud
assidtiity to make it the most elicient, as
it is the enly means of defending the right..
the honor, and sovereignty of the State.
Tie improvament in which it so rapidly
progressed. under the inluence of the
late Irigade Encampments, od'ers she
highest encouragesents to the co tinuauce
of your patronace. as well as the happiest
illustration of the benescial efects - of the
mnode in which it has hitherto been confer
red Assembled in these Normal Schoots
of drill and tuition, where a patriotic emu
lation wait excited-where knowled;e was
imparted and received, under she crticism
of the most improved and accomplished of
cers-where such favorable opportunit:eu
were atforled for discriminating the guali
iatons, both of the soldier and the cuizen
-and where that murtial pride and feeling
wasacquired, which is the best, perhaps
$beeay foundation of an elevated patriot
isat, combining so many motives, stits
an;s advantages and incentives-it is not
urprising tharrom itsresults I should be:
abledteigi vIofU theg'atifyi asuirhce
that ireutmilitia now comprises in its organ
iatiop, aelass of odicers whose knowledge
and eecomplishments would do credit teo
any age, or service, or contry. Wis:5 such
iducements before us. is is deeply to be
regretted, that im) experimewnt productive est
se mtany auvantages atd iniprovetneuts,
without any dtetracting ennasequenIces what
ever, should have beeu preatsurely aban
doted.
Already are she elfects of that abandon
ment visibia, in the wanhing~ enthusiasue of
the service, and she ressignatnon ot some us
our ableet ,,llicers. from a con-ceetssous re
gret and deasondecy. liar the future use
uness and .tliciency of their exertons.
Such inadicattons as these should he regar
ded as a solemin inavocation teo resture a
system from 'anicit she Stase has deriveds
such important benefits. Cuuined per
haps as thsose encamnpments should he-, 5in
comsti~sioned'otlitis, it is no0t t. .be pre
suted tthat anty othicer would be so iusenz
sible teo tbe honorable pridle of his vocuation.
r to the cosnidenee 'a hich th. St ate "re
pow.s in his cosurage atnd hiidebtsy," as to
regret the prititans anti irnconvenience-s of
va dlays camp service, to learn she art ot
ifending his country anid :us iustitttons.
With some. fligiht asnd salutary mudica
ins of the la w by which the-y were re-gu
atdc. it is conalidenitly heoped that they nmay
e made the schools of correct aorals, as
welas of patriotism and mtilitary discip-.
ine. WVitha the alteration or asdditoh
suh preaviaons ats may promote this desi
mble uhject, the bill utader the considera
tion of thu Legislature, at the lust session,.
in Decembsler, and res ised by the A djut ant
Geeral, 'a ith the ac-comnpanying r-port,
s respectfully re-furred to your considera
Assid all she portents of the time-the
p-ril shut every where surrounds our do
aesic institttions-she emergency that
may c-all upon us to viudicate our rights
ad principles-I cannot but again and
most seriously invoke %nur attention, to
that organization of our tmilitary resources
and dlefences. without adue regard 'o which
n, State action can be ellicient, anid thme
assertion of aove-reignty itself ho but a Dye
word and a reproach. without diguity, and
without e-fect.
The cemtingency of a Nasinal War.
(renaote ands distant as I trust it still is)
cannot be overlooked, among the nunmer
ous tther inducements to improve our mnili
tary resources. The most exposed. -per
hap., as we are, to its ravages, from the
neglected condition of our coasthegreat
es sufferers, from the bturdens which its
expenses are destined so impose-no mat
ter hose proeoked or originsaiasg, whether
by the asmbition of one power, or the nii
ious herder agiressions of the other-there
can he I am sure, no selfisb or ignoble con
siderationsi, that would ever restrain the
most generous contributions upon the part
of ths State, of treasure or of arms, to
.ave the national honor from tarnish or
disgrace.
B an Aet of the -Legislature, in De
ember last, the duty was devolved on this
tance ofthe several Baiking estituiont
othis State, an Act to amend A'. Char
ters, wit a view& tpreventthe are sus
pension of specie paym ens. The Bank
oftbe State.: h South Western- Ril-Roxd
Bank, the Unin Bank, and theiP-lanlers
and Mechanics' Bank. with a esimenda
ble desire to conform to the wishes ani
objects of the State, have, in good faith
and sincerity, accepted its provisions.
In executing the insiructionsof-the Leg
islature, in that spirit of mildnesand for
bearance in which I an, sure they wer
ouceivd. I deemed it proper to dverloo
the dielay of a few weeks, afterthe precis
period fixed by law, for the acceptance c
the two latter institutionstapprised as
was.that it had arisen from mjavoidabl
circumstances, and not rmm a wilful ne!
lectorrefusal to comply with the requisi
dions of the latw.
It is due to the -high character whie
these institutions have hoithertnstainet
and I am sure reflects no injustice upo
the motives of the Legislature, 1o state
that the object of ibis enactment was 1
prevent anticipated evils, rathe& than- i
punish past or existing abuses. Ve Fed
eral Government having, in the. exercis
of a wise anti sound policy, almndone
that control over the currency which it ha
hitherto usurped, the necessity ofa sericts
supervision over the meartary, affairs c
this State, had become mute obligator
upon these, to whom the people have -on
trusied the power of regulating them.
In sich a state of things, it cod not b
deemed an unnecessary or officinas act c
caution, upon the par of this State, ifsht
resorted to all the ordinary and legitimat
means of reuderi-g her own careac
wound, safe, adequate, and stable. Tht
exercise of these means she has hithert
delegated, in a great (and perhaps an im
prudent) extent,to her Banking itiiitutiott
by the extraordinary privileges a imml
nities with which she has endow '' them
If the trust has heretofore been ithfull
aid ably executed, the merit is to be ascri
bed to the virtue and idelity of iliagent
rather than to the want of any power o
opportunity, to abuse it; or to aly provt
ods in the laws, to restrain or pubish it.
Under these circumstances, this State wa
perhaps necessarily (inced to eniertan.e
'he qiestion. whether she had
parted with all poer to regulate owl
currency. ordelegated that powei, with
out reverse, restraint. control, or._pervi
sion, on her part. for the term of.gars fui
which she has charcereI her moed insti
'utious. Ifin fact there does exist - thi
impdriun in imperie. fir the exercise of s
important a power, the people ofthls Stat
might well ask, upon what constiutiona
pritnciple a sureign right. wiich can nl
be exercised egatimalely Ly their owl
Government, has heen delegated toagent
politically irresponsible to thea. An suel
anl issue, it is not a very remote oritucifu
.inticipation,that ifso importanvag righ
wereindeed ituprovidetly lost irlaw, i
would but too probably. in the abise c
any other resort be reclaimed by toe;6ltiol
The wisdom and propriety of retainial
sone checks and guards, similar
,which have beetiproposed, u
traordinary privileges with
State has endowed her ch
tioms, is I presumd' 'ni
in referenceto those
-tered. ItWill
every relecti,
.gislation in I
nuue tof the exist
The Bankih a
more than equal to'itcs
quirememts, aud the rdes
rations in which it has been ye hay
tinny years to comtpleto the term towhicI
they were chartered. Such a disc imina
tinm with re'gard to futeire and exishma in
stitutinrs. uid thercforo bc as ineficiet
as it would he ineidis.
1(1 have at just and proper enneptiot
..f the objects of the upoposed amendment
ii was with those views and conceptions
that the State thought proper to requti
these salutary concessions from her char
iered institutions, In her suvereictn authtorit;
attd supervision. Deriving extraordinar,
privdl"ges and immunities fromt her liberual
ty, she has pre-eminent atnd irresistibl<
claims upon their confidlence and gratitude
Trusteud foria loni course of years, nili
mlhe exercise of rachts and powers andi frasn
chibes sovereign in their nature. and twhic1
can appertain to none of her citizens indi
vidually, sihe may well urge a maoral. a'
well atS polhtical right, to he trusted iu turn
wv'ith a dii-reti-mi. which sihe cannot exer
eise for her owen interest without promo
titeg theirs. That she hn getnerously sus
tatinted them in all past misfortunes an'
difficulties, is the highern evidence of he
futuare itisinde,,q andl liberality; and shotuh
he tbe last p.ret,-at invoked, to sustain eith
er present sir future acts of contiimacy.
Atnd while the interests of her ciizens art
so intimately cotnnected with their stabiliti
and muccess, the restraining influence oft
just and enalightented popular feeling. nil
oe eyer ready io iuterpose, to prevenit tht
cat>rcoUSi exercise of legislative nut bority
ro the bigh. considerations, may per
hapi. be added another. of not less gractica
imnportance: that the salutary infiluence si
State authority would perhaps greatly
conaduce. in ttmes of extraordinuary calutmi
cy, to p~revont thmose controversies and ie
senasions between the Banks themselves
which were so unhappily exemplified ir
hes history ofusome of our own institutions
during she disastrous events of the late sus
pension. That it has already exercised a
salutary and judicious itnfience, may be
inferred from the fact, that under the ope
rtion of its provisions, the Bank, of thi
State s-lone, sof all thle institutiot-i South o
the Potomac, have in good faith and reali
ty met engagements or demands for specie
a ithout pretext or evasion.
Whtatever may have been the motivel
or necessity which induced to the enact
tnent of this statute, the rejection of it'
provisions, by some of these institutions
has made ii a question of the Eravest im
port. from the discussion and decision o
which. thtis State cannot, without a acri
flee of her dignit y and self-respect, shrink
or recede. In ihis aspect of the question
I felt constraiued,b~y every sense of duty,es
well as of allegince, to execreise all thes
authorty with which I wasentrusted by tis
Legislature or the Consuitution. to enforci
the objects of the law through the judicia
tribanals of the State. With this view, I
deemed it proper to engage the services o~
evernl of the most efliciant ....z...... O
the Bar, as ansistant counsel, to co-operat!
with ithe Attorney General, and Solicitori
I regarded it at the more necessary to d
so, as the season of the year at which th
I Court was held in Charlesiton, as well a
the demands of their respective Circuits
vould necessarily deprive the State <
I the able service of some, if not of all. of th
Solicitors. I had no authority to comman
their presence and services in Charleston
and under such circumstances of inconv4
-aince, as those under which they woul
have been rendered, I could not presut:
L ofcially to re-quest them, The arduot
4 duties which wo.uld therefore have devoli
r ed upon the Attorney General, could n
1 have been perforned, even by his indefj
B tigable zeal and industry, but at the ei
pense of every oiherduty and engagemer
And although having every confidence i
the talents and attainments which have i
, deservedly placed him at the head of I
iofession, yet the grave responsibility
m advocating the interests of the people. at
, the dignity of the State, an a question
4 <uch vital inmortauce, I regarded a% t<
r serious, (and it was even deemed so by b
modest sense of his own merim,) to he d
' volved on the abilities of a single ad vocat
I From the manner and ability with whii
I their dtty has been performed. I have d
r rived thegreatest saitisactinn; and he pe
pie and the State I truss, lasting and r
V sential beurfit, from the arduous and ab
efforts with which their rights and inte
ets have been vindicated. aud discussed
e In connection with these remnarks, rel
f ive to the controversy into which il
0 State has been so unfortunately drawn, f
e he recusancy of some of her Banking il
stitutiou. it may not he imprioper for y(
r io direct your views top the consideration
- some permanent and prospective mode,
regulating our currency. I assume,
I course, that this State can never acquisa
in the existence of a National Corporati(
or admit the necessity of subjecting iti in
l netary affairs to the arhisrary and exclusi
control of such ans institution.
Much of she presue ouand difficulty ui
r der which our community has tabnred. I
- arisen from the constrains impo-ed upt
- the operations of our Ranking institutios
by ite dissensions, necessarily incident
I anuinequality of Banking Capital. Ther
i is probably no fact in the ecorimy
I Banking operations more incontrovertibi
than that ihe business of a moderate capite
under ordinary circumstaices, is usual!
r productive of the highest rules of profit
- And if. in our experience. Their exists ar
I exception to this rule, in favor ol the larl
I er Banking institutiotis. it is because th
late policy of the State, in creating so va
I a disproportion of capital as now exist
i has sub-tituted the dominion of the fev
i for fhe honorable competition of all, at
thereby produced strife and discord, who
nothing but a generous emulation ofproi
I and usefulness, sho-ld prevail.
The greatest pr fi-s of the Banking sy
t tem are presumed to he derived from i
f operations in exchanges. In proportion i
she.exorbitancy of the rates produred b
he derangement of the currency. and il
pressure and difficulty of the inmes; a
proportion to the advantages of the cal
which an institutien may -aonop(
raneh of business, so nr. ,its it
tendencies be directed to pre
even to increase that state <
rom which it acquires its gre;
I cannos therefore be a wit
hich supplies to private corporo
in excessive capital, she power, mi
and inducements so profit by she enr
trassments, or to extort from the neci
uitie's amid inconveniences, of the people.
I do not mean by these general propos
lions, to imply a censure ont the condue
or illustraute she abases of any one of ori
own in.4itutions. The exam~lel of one
Ithem. at le iss, during the late suspensio:
so ltr from msanifeuiing such a policy. cat
not be too highly commended rur its foi
bearance in the use of its advantages
well as its wisdom ari firmness, in mai
laining site faith and credit of sho Souti
Still, an undsco and dangerous power ovc
otur currency, is necessarily ineidem so th
position of financial autocracy which it r<
copies. Anti if that power has nmot her
tyrannically or corruptly used to its irnjur:
or the detriment of the public, it has hee
I mwing solely to 'he idiscreet forhcarnncei,
those wvho wielded is, and tnot to asny snaf
I uards provided by th'e law. to restrain i
A reduction of the capit als of thec severa
Iitanking institutions of this State, (wel
their charters so be renewwed,) to soms
common anid moderate btantdardl. less tha
ihas of otur St ate institution. wvouild probe
bly ptrevenst the recurrence of future evi
Iarising from thi" caiuse. limt itn thme men
time, so strengthen the inafurutce of ot
IState Bank, either bsy an increase of cap
tal or of snmmuitiets, is pe~rhasps am presen
the mnost elflenus, andi the only mean
of'correcting existing ills, which legislamii
action cannot etlmerwtse reach, wit hout vim
lastng the charters which sancion shien
WVhesher this State shonild parliiiate
banking operations at all, cauunot now Ia
regarded as atn open or a piractical que
tions. But whether she should not use hI
institut ion, in the language of a dissinguisl
ed statesman, so "tunhmuk"~ she abus<
te system, is a pitlicy that deserves to b~
well conisidered. Such a position is is prc
staied site Bank of this State would oces,
py, with a most dignifled, salutary atid jt
dicious effect. Certain it ii, in my estims
lion, that so long as the State engages an
competes in barnking operations. hser insti
tution should at least exercise a cont rollin
influence on her monetary adi'airs; or el,
present the strange political antomaly
the public Tr'asury, (with whbich it is pirac
ically identified.) asnd the people's mnone:
subjected to the capricious and selfish dc
minatstion of private corporations whici
however beracieiently exercised heretofort
is always liable tot abuse. That its pre
sent resoareed are inadequate to this ohjeec
is but too apparent from the inconveniene
andi restrictions, so which. in all times e
creat pressure and ditfeicuty, it has bee
subjected.
Wiheiher it may not be expedient, in tb
event of increasing its capital, so ussocias
private interests, which may always exer
cise a salutary v. ilance on its operatiotns
or, by merging, as their chare expire
she whole banking capital of the State in
to one system, proporTionately controlle<
by she dtockholders antd Representatiue
of the people, are measures which I wool<
suggest as worthy of yonr consideration
Suceh a system of finance, if uniform!
adopted by the States, regulated and mo
difled by the influence of a national Sub0.
o treasury system, it is believed would fur
a nish the best and soundest currency in the
e world.
I, The Report of the President of the Bank,
I( will apprize you of the profits which have
e accrued from the transactions of thiq insti.
d tution for the past year; and for a teview
of the circumstances and embairro-iimeus,
pervading the community under hich
they have been realized,'you need tnot he
e referred to a monitor more faithful thatn
is your own experience. Saiefactory as
those profits are. coonsidering the charneter
O thc timea. they have been derived front
. ccommodations as henificent tie their ef
. fects, as they have been safely and jadi
t. ciously administered, for the benefit of the
11 inatitution itself. Without resurtiug to any
e of the usurious expedients of the times. its
is resources have I believe beeu as faithfull%
f anl humanely directed to protect the pro
Id party of the citizen, as patriotically to iub
or serve the interests of the State.
to From the aspect of the financial affairs
is of the State, as you will find presented in
e. the Comptroller's Report. you will prrceive
. tlte expediency of exercising the same rigid
-b and judicious economy. in the disburse
1. ments of the revenue. ahich has hitherto
. prevented the necessity of iucrease-d taxa
l. ion. Additional hardens upon thee labor
Ie and property of the people, should not ie
r ietposed in ttnes of such embarrassment
and distiress. except for ohjects of such lri
M. tnary necessity and importance, as affect
is the permtunent ual andsafity of tihe State.
or atty of the grea: principles oJ constitu
I. tional liberty. Improved as out resources
t are, in comparisoni tit the :a,pect preetit
of el at the last session. the Treaseury is -ill
f far fronl having obtained a reduntd.ini and
of overflowing condition. It will be foeund I
trust however, adequate te ieet all snch
neces.ary exigencies, as cannot he neglec -
ell without conseqeuenices more ruinots, than
re the meost wasteful and iuconsidcratc extra
vagauce.
*. The condition of the public works and
3 improvements effected at so nuch cot to
in the State-some of ni hieh are still eufinih
ed,others unprofitable.aud manv falling in -
t to decay-will demtanl your atittion. eiuh
er tl abandon, repair. or otherwise dispose
DI of them. The sale or lease of many of
them, under the supervision ofconimission
era appointed in the several communiie-4e
in which they are located, at a price neat
less thmua the value. (as estimated by the
Iv Comptroller or Superintendeni.) woudli
. perhaps be one of the most efficacious and
satisfactory modes, of relieving the State
trosa farther embarrassment and expease.
at The impracticable condition of* the road
. through Vance's Swamp. and its great im
portance, as the ordinary. and I believe the
e only cnaunel ter intetcourse with Charles
ton. to more than three districts in thin
State, as well as it large portion of North
Carolina, makes it highly desirable that
the liberal appropriations already made to
0 improve it, should not be utterly lost, by
the ruinous and incomplete condition in
ie which it now remains. More than ti-en
d ty thousand dollars were expende by the
. State, in constructing the original roatd:
from which[;it has derived neither beteefiu,
or improvement. Ten thousand dollars
was afterwards received by a contractor.
i for erecting the skeleton of a Brit'ge which.
having been rejected as perishable mpd dan
gerous, was abaudoied anil removed. 01
. the last appropriation of twerty thousand
. dollars, to embank the swamp, the contrac
.tor ha received the Irst- instalment and af
.ter accotmplising a very conisidlerable por
tion of the work, at a ruinous e.xpense to
~. h':,self, has been compelleal to abandon tt.
~*from the exh-sust inn of his resources, the
tr itnfluence of recurrinl: resh~ets, and an inn
Sbility to comnpleten cotract sao far exceedl
ing the estimatedl rost and labior. The b.
.lance of the aparuprinnaon -till remtain..i
.the Treasury :and if diverted fromt the ulb
s ject first contemplated by the Legislature.
~. will leave the State n ithout it single cor
respondinag benefit, to comtpensaite for all
r the sacrifices of treasure, whtich have been
eso ruinously sustatined, by; bothi State and
.indlivieluals.
n No portion of the poehice or stati-tics of the
, tate. as presutned to requtirae more radical re
nfortm, thn oaur eystemn of flad wvorkmn. There
?5 no eobject uipont whlich so muchrl labor and ex
pen.-e is el ttnproatitably be'stowa-d. or soe noie
qually cntribueted. by the ditferent cla.,c, el:
t- soaciet1 . Netwithsctandtingr the annuseal im:'posi
Itinupnthe tulme, iebbar, ancd pair-es of oar
e ciszes, he ondltio~n aof ''tr road-, is t'ar fromn
e tamattestinag a corresptdim:: degree of impa~rove
n maent. Nor is it less adai ion<. that mnuch the
~. grea:tet peortion of thec hunden wvhich thle p esent
I.ste am devolves alpon the peolea, i.< suituinted.
nhun.,'t ,xccen.ivelv.,lav the agrirultural inte'rest.
nThme tlar or pirois s>f the . apitali-t. or ft th,
Irpoeeos (no matter htow produci ive~ or enor
|moos.) are pr.ac~icicly exempt fromt the..' as..e
I, mets. which alay-a recer. andI wihich ,ome
tune.- ttdh with mtutch intcoeltient force. ulpont
e~ the intetests oaf the lanter. Near are the objec.
. lions asing from principle, les egg-nt th.sn
those which are so ampely ilhtta-ratedl byt the ex.
'. perience of its inellicienacy andt mncqtualitv. The
sovereign power of taxinegeven within litmitedl
-., a owesed b the Dnrd eaf C'ommeeisiear5
rnow eestblisehed in the tseveral districta of the
smate, can ,;ever be safely or wiseely repoea~vd jet
, any body ofamen, however viritentn or ati~creet.
er..t eaed b y the peopicl themselves. anad wholy
irrespontsible teo any ot the penalties of the~ law.
or event to the cooseqences of imapeac-hme t.
for ansy of the ordinary abuses of thle truzt The
powe~rs entrusted to the Boad of Cotanission
I- era. are not only of a ministerial. but. to the ex.
d tenlt to whicha they arc vestedt ot a fc~iisla lire
i. character; and if they have neat been haithecrba
abutsed. to thte ppression of the citizete, it isbhe
cause the forbearance and jtaetice of the othicers,
fhave imposed more salutary restraints,. titan the
provisions elf the law. IC powers eof the 'atme
character stad extenat, were conferred oat a mali
,tary', or anyi other tribunal, acccompaaniedl witha
- be selfgecpcsatintg prerogative of ela.e'tin~g its
t, own memnbers,. the hthe'rttes of the people, and
, the authority of the government. wvoutld lie re
.gardedl as deeply endangered or ahverted I
do not know whether the effects of the piresent
Ssy-tetnt are most to be deprecated, in the execra
ble conidition of srst of our htie~ wars, or in
the capriciotns, partial. anad oppressive ex.erciae.
0in numaerns intst.anees. of the moet desputically
and obnoxiously admtinuisteredl power. in the
a State. IC. thertfore the heresent system maust
e necessarily he contintued. fronm a supposed itm.
.practienbility of de-vieiur anay other. I woeuld re
.commnende that the apppointmuent of the membersa
of the several boards. shotJt deveolve upon the
'peog Ie. at the petme tiene. and undler the sae
'restrictions, as appetinO to the election of thmeir
i ltepresaentatives. It canniot be inspired with a
5 spirit andl energy fur uasefulness. let it at least be
shorn and divested of its powerand tendency to
.evil. I cannia I tro4ts ttooipress eeivite
.eyu auc.o.ti;n ,to a sbect ofr.o.nue,actical :...
ituportance; and whlce the irnprovemlent of
5oods, as ojie of the indispensable means (of ada
RUanciIg comlerrC. las juvstly been regarded in
all isges of the war,d. as the evidence ofincreas.
ing prosperity and civilization, the patrioticem.
n!atlon which I am sure yeu are always ready
to maniteest its promoting the public iscal, %will
dizect your t..rot sedulous exertion to the im.
pcoe"u.ntt of our swn.
The revision of tur criminal law, in many
re-ential pariendars, is required by tic Iitatre
of pobey. as ic'A as of haumanity. The eflects
of tame aAd carenistances, have proside.ced so
an4iy modflicaonis in the character f some
crimaeS, that it ts ditlicult, in many instantces,
eith.er top protare con ictions or eaor.-e punish.
ment. Where the penalty exceeds4 the sense
of puiblic justice. or where the feelings ofcom
mi-eration Ihr the culprit overpower the ap.
-rehension of consequences to the a diety or in.
tvrests of the community, neither the widattn
or the Judiciary. or the firmness of the Excen.
tive. can preveant a law from becoming as obmo.
lete as it is odious. Of this class ofesses may
perhaps be ennmerated some efthe leser grades
,.'fforgerv, the punisihment of.Wldch, as a capi.
tal otnhesse, has gradually been ameliorated, even
by the policy of those tations, frot whose com
mercial exigencis, they wereoriginated. Wem
at evei neccsiary to have excecded, in this in.
statce. the inflictions ofthe divine command.in
the enumerated otrdneen to be expiated by
death. it is hoped that the force of that neeswty
has gradually diminished, under the infuence
cf Utiae and eincumstances.
The trisl f slaves for capital of'eneem, iq de
o.rdin.irily sutmunary mode ofprsoces, and in de
midst of all those citcumstances of exciteent
in which teelint of partiality or of prejudice
are so apt to predo tite, must be aditted to
he capalle oflproducing those perititns in
the a tini-tration of justice, from whk the
rilhts of humani;y and the interto(
should he plrotected. Within the si eret
ofneigbborlaood communities, so easily swayed
by passion tor feelig, vendictive motives to de
inmster. tmay sometimes conduce to the punish
teit of the shive, while the influence ofr pepu.,
lar favotie, on the other hand, may be succes.
tull exerci.ed to extenuate the crimes f the
cilprit. The result of iy reflection and expe.
rieice. theref'ore. indces me to reiterate the
recsioncnntidatmon of one of my predecessoas. to
n:ter the pre.sett mode of trial.to ajury oftwehe
Cre. holders. to be asseIbled at tUe court-house;
and the lproweution in all cases (and the de.
feice wihen, practicable) to be conducted by
counisel. The convenience of the Parishes, re
maote as sone of theta are from the seat of'jus.
tire, may readily be accommodated by special
provi.ioons. If in makir.g this recommends.
tion. I have said little more than to repeat the
etgge-tois of somne of my pr, deressos. it is
perhaps for tiat very reason entitled to your
1mtire werions consideration. as the reslt of the
tnattired and ai-c mulated experience of this
detpartment. in al it,. -tages of rccupancy and
of success.ion The instances of awakened re
gret and contrition. on the part of many of
thtepe judicial inbunals, invoking the interposi.
ion of :cxecutive clemency, to modify or arrest
aheir o-vn hasty ar.d often illegal convictions,
are of freq'tent anid ordinary occurrence.
There-ett usode of applying the Free
School 'und has been productive of no benefit.
to correspond with the most mangsct1 of all the
benefactions ofour State Government, to im.
prove the mt-ral condition of her people. The
experiment of many years, not only presents us
w ith the result ofa large proportion of our indi
gent citizens, who have grown up without the
encouragement ot the opportunity tolarticipate
in its advantages, but at the same time fArces
u Ion us th,- convic tion, that tlese opporturities,
Aran enjoyed, have it many instances been asr
1 o-ipanied by a standard of morals, as well as
or tuition, a vitia ed, and perhaps inmore injU.
r:ots. than the worst con-eqtences of the most
profoundignorance While ourgrammarsebols
anid literrary seminaries have advanced and
improved in pr-,wrtion to the increasing inh.l
ligence of die are,- and to -the higg eauire
haunts of o.,r aole.e, et,e terneterbd uafr
schools h-u depteciated itn all the emential re.
qmatites of a sound and judicious course ofe.
cation. hero are their beneficial effects tobe
witnessed, in any of their indueneca on society?
WVhere are the monuients of their usefulness
to he es,n any new illuminations of scce,
or imuprovenients in the arts ? What signal ex
:snmple can be adduced, to illusirate a solitary in
stnce of moral 01 ielleetual reclamation, for
'tie exp.-nditure of more than thirty.six thousand
dloilars aninuntly I Iletter ivnuld it be to lease
the icimd entirria to nature's influence,, and
1' bave's' i : : t -!i "i 'an to pervert the under.
--:sindmg. :cud corl ie th,-' hvert, by a depraved
atnd imjudicion- caue o.'f education. The me.
stit of so imainy sears'. x; erience. is enough to
dissatisfy your hopes, in the pre-ent mnde of
applying the liberality of the State; but niot I
tru,. to discourage your sfforts co improve it.
Wi.en the State' assumes to become the guar
dtian si the edlsuation of acey portion of her citi
tens. lte character of that education should be
of a 1-ind not atferior to the inost useful and ito
iCo di a ardl "ftuition. I amninclined to the
eme v~c:ioni, that if cie' a ed to the condition of
ti .c i'~lhet uorder nf l'n:lish Gramlmar Schools
--oto b e estabhlel,t in each district, county,
or parish-i! c course of mtstruction being chief.
Iy directed a.. thie argisositionu of some of those
scient'ific a Iaitnmenats so n. ccssary to success itn
the useful ansd mechanaic arts-and associated
with a se 'temt of tnannial labor, to invigotate
the body, as ns eli as to enilighten the understand
ing-ta, y wvouild attain to a1 much more perma
neu-tt as.d exsteded stphiere of usefultnegs. But
, %ery neces-sary arranigenient, in my view, to
'eiy r'adical refortmation in the system, would be
the appjoitmtient of a Genier.it Superintendent,
wlme-e tpractical observation and experience,
-eatnhl furtnish mtanty valnable suggestions fur
y onr future actisin, as wvell as introducee in die
matitime.lutary imuprovements,. ini die pre
sent tmode of mtstruactiont. If the expense of a
salary should be thought to constitute an objec
ccon to tiis expe'rimlens, the amount necsesary
to comapentsate sneh an oflicer might he beutef
emlly ab-tracte~d from the fund itself: and I
have nao dottht will be fasund toconstribute to the
cronoimy, as we'll a's the ianpmving effects aris
inig friitii the distributtion of the balance.
In puirsnane of an Act of the Legislature, to
carry into effeect a treaty, to extinguish the title
of thin Catawbha Indians. to lands in the districts
sof York and Lancaster, and to purchase ether
territory for their residence and subsistence, an
azett in whose instelligence and 6idelity the
greate'st contfdenace is reposesd by the Proprnetors
and Chiesf.a. wa's appoinited hy this department,
with suceh specatic intstruactisa, as were deemned
best comipsrting with the wvise and benevolent
views oh the Legislature. Bv the roport of the
agenit, here with transmnitit'd, ii wiilhbse percived,
that the oebjections trged by the Ezeentive of'
Northa C'aroln1. to the peurchase of Land in that
State.p1re'ctdes the posibiility of gratafyin; he
wish expressed by some of their Chiefs, to ui.
their declininig tribe with thme rettains of the
Cherokee Nation, nowv te-ideot there. It is
hiopedf, however, chatE the acquisition of ether
hands, withini the imnits of our own domain,
m.iy be advanataigeously made for themn: ad the
faut: of the State. as well as the exigency sot this
niov Aoe-kss anid landless peop>le, require that
the nseces--n appropriation snoud meande
dluritng the. lr,-sent session, to com~sly with this
icnport~ltit conidi'ionl of the treaty. The Pro
prietors having on tcr part conformed to all
the stipulatisits and reqtuiremeats of the law
andl the treaty, the taxem imposed by the Legisla
to-.e avinag been ree'i'ed into the Treasury
a nid the anieunities which bave hithettoeonstitat
ad te serdinaryti means of smbsistences the 3"
dasns, being accordingly abstrsete'd-the fatS.
mient of the obligations asesmited by the demos as
now im -ecrative, to relieve this isponident
pecople,ftomu a staite of' atner destitutisin, and de.