Farmers' gazette, and Cheraw advertiser. (Cheraw, S.C.) 1839-1843, December 01, 1841, Page 214, Image 2
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More than twice has it been* interposed j
to rescue the peoole from the domination
and abuses of a National Bunk. It was
in defence of our rights aftd our institu.
lions, that the determination ofH late Executive
to refuse his constitutional sanction
K> the abolition of slavery in any of
its forms, was s*? fearlessly avowed; and
the* S'ate, I presume, can have no interest
or motive to remove the few salutary
eheck? and embarrassments to the so often
unjust and inconsiderate legislation of
* majority ..in Congress, as to induce it to I
war against the dignity and prerogatives ;
of a department, the weakest and inost
conservative, perhaps, in the government.
I also submit for the serious considers- !
tion of the Legislature, a copy of the com- j
mn?iir>iitinn r?f th?> Ciovemor of Virginia.
c?n the proceedings of the General Ass-emlily
of thai State, on the subject of her
late controversy with New York: nn:l Roports
and Resolutions from the State of
AJa Sima, responding to the views and
declarations so solemnly announced l?v
this State, on questions deeply involving
the right of property, and the security of
thedomestic institutions of the South.
fe ^
' Bound hv every consideration of duty, of
* interest, of hoijfr, and of equity, to repel
to flagrant a disregard of the rights of a
aister State, we should always l>e ready
and prompt to redeem the pledge of our
alliance to a cause with which our interests
are so intimately , identified. Rela
tinn* of.amity cannot he preserved even
hetween separate nations, in which the
rights of property are not regarded asthev
exist* under the respective laws of each;
much less can sovereign States l>e permanently
allied in n hond of Union, under
the same laws,government, and constitution,
where fugitives from the ^ justice,
plunderers of the property, and violators
of the laws, of one. find refuge and impunity
under the sanciion of the constituted
** authorities of the other. No wrong is
lP3re readily resented hv nations?no ir?.
- justice can more dre, -y stain the faith, or
* more essentially impair the friendly and
intimate, relation of ro- federated Slates!
It would he a reproach to the character
* of our institution, if claim which are re.
- cogn'zed and reciprocated h\ the com if v
and justice of all civilized nations, should
' by scornfully refused and contemned hv
T ?" States federated under the same laws and
. r" constitution., If the obligations of the
constitution which require one State to
deliver, on demand, fugitives from the
*' justice of a not her, are to he disregarded,
?our institutions assailed,?the plunder,
ers of our property encouraged and pro.
? - tected,?then must we regard the perpe.
trstor of tfiese aggression, Vno matter hv
' " * whom committed," as a foe to our rights
ann an enemy to our peace. Whether the
wrong in this case has Seen done to Vir.
V' - ginin or South Carolina, rhe principle is
the same, the interest involved common
\; . toVmh, and the responsibility '?f protecting
them should equally devolve on everv
State in the Union, in which justice o\pr.
rises d??monion, or similar ' tns'itutions
? . exist. Persisting in such a course of un
: . provoked ho*t?'ifvfo the interests ami p.
s! if tit ion* of the South, New York con
only he regarded in the light of anv other
aggressing power?in pence frirrj'J.t, hut
eurmfat in var. Tl?e adoption. in all such
in^ia nor*. of n similar course of vigi'nnce
to that which the State of Virginia ha*
instituted, would perhaps he a wise and
necessary precaution, to present I'm
tin* reruirenee of si mihir aggressions upon
the propert%' and rights of our own * iti
Zens and institutions. We ought, upon
every principle of equity and of interest
.. to make common cause with anv Stntp
whoserightsand institutions are thus wantonlv
violated and Hss.vled.
???. 1.:. L i lk:^
I ne position wmrn il imv Iifrimn: un?
State assume, on nnv of the important
tpiOitions presented, would seem to stiff.
4,'ost the importance and necessity of nil.
livating and improving her means <>f safe1y
and defence. It would he a mere
mockery to vnunt of rights, liberty, or
sovereignty, without the spirit, ability, or
resources to defend them. It would he
tetter nt once to endure threatened or
impending ills, nnaggrnvoted hv opnnsilh?n,
thnn hv unmeaning denunciations,
ttc-d impotent exhibitions of resistance, to
provoke and increase their bitterness ?
Prohibited, both by the character of our
institutions, and the restrictions of tile
constitution, from resorting to any other
means of cultivating our military resourocs
thw-n that of n well trained and organized
ra'dttia, it should he cherished to the
highest state of perfection, and with a
pride and assiduity to make it the most
efficient. it is the only means of defending
the rights, the: honor and sovereignty
i/the State. The Jmprovcment in wni'-n
it *o rapidly prog/essod, under the
influence of the lute Brigade Encampments,
offers the highest encouragement
' to the continuance of youi patronage, as
^ell as the hiippicst illustration of the
beneficial effects of the mode i.n which it
Unn hitherto hepn conferred. Assembled
in these Normal Schools of drill and tuition,
where a patriotic emulation was excited?where
knowledge was imparted
and reci'eved. under the criticism of the
niest unproved and accomplished officers
'?where such favorable opportunities
uere afforded for discriminating the qual.
iterations, both of the soldier and the
citizen?and where that mnrtial pride
jHtwl feeling was acquired, which is the
beet, perhaps the only foundation of nn elnvated
patriotism, combining so many motivLir.
tira'ulanis advantages and incentive#?it
is not surprising that from its resuit
f should he enabled to give you a
^gratifying assurance that our militia now
a:n 1/1 prists i/i its organization, a class of of.
IjQCrs \v.hose knowledge and accomplishments
woH'ld do credit trf any n^e, or ser
vjc/j/or'country 4Vitb such inducements
I
ho fore us, it is deeply to So regretted, that j 1
an experiment prodaetive of so many ad. I f
vantages and improvements, without any *
detracting consequences whatever, should I
have been pr? maturely abandoned. n
Already are the effects of that abandon, h
mont visible, in the waning enthusiasms
of the service, nnd the resignation of s
some of our ablest officers, from a consci. v
entious regret and despondency, for the ^
future usefulness and efficiency of their, g
exertions. Such indications as these t
should be regarded as a solemn invocation
' " I'
to restore a system from which the State
has derived such important benefits.?
Confined perhaps as those encampments e
should be. to commissioned officers, it is ''
not to he presumed that any officer would 1
he so insensible to the honorable pride of
his vocation, or to the confidence which n
the State ''reposes in his courage and fi- q
delity," as to regret the privations and p
inconveniences of five days camp service, h
to learn the art of defending his country v
and its institutions. With some slight c
* ? J ? ? nikA/liii<intlAno o C t ko In lO klf
IIIU StllUWIIJf 1111II1111 t.-f( 111 j 113 ti| IIIU
which they were regulated, it is confident.
ly hoped that they may be made the
schools of correct morals, as well as of
patriotism and military discipline. With ?
the alteration or addition of such provis- 1
ions as.may promote this desirable, object, *
the bill under .the consideration of the *
Legislature, at the last sessio*r?, in Decern- I
hit, and revised hy the Adjutant General, t
with the accompanyiog report, is respect- r
fullv referred to your consideration. i
Amid all the portents of the time?the \
peril that every where surrounds our do- s
mestic institutions?t ie emergency lha1 r
inay call upon us to vindicate our rights y
and principles?I cannot hut again and ?
r.ost seriously invoke your attention, to
I that organization of our military resonr ,
ces and defences, without a due regard to j
i.which, no State action can be efficient *
| and the assertion of sovereignty itself he i
hut a bye word and i reproich, without dignity,
and without effect.
The contingency of a National War, i
(remote and distant a? I trust it still is.)
<a not lie overlooked, among the numer t
(
ous other inducements to improve our ,
military resources. The most exposed, t
|>erhaps, as we are, to its ravages, from the r
neglected condition of our coast?the $
greatest sufferers, from the burdens which -,i
its expenses are destined to impose?no e
matter how provoked or originating, wheth- c
er hy the amh tion of one power, or the t
officious border aggressions of the other,there
can be lam sure, no selfish or igno- J
hlc considerations, that would ever re. c
strain the niost generous contributions e
upon I he part of this State, of treasure or f
of arms, to save the national honor from r
tarnish or disgrace. *
Hy an Act of the Legislature, in De- t
comber last, the dulv was devolved on 1 e
' . I
this department, of pro|>osing for the nc- j c
ceptance of the several Hanking Institu-. c
tions of this State, nn Act tonmend their !i
('iiarfcrs, with a view* to prevent the fu. r
ture suspension of specie payments. The f
1?;|ilk of the Stat , the South-Western v
Iltil.Road Hank, the Union Rank, and in
t it Planters1 and Mechanics1 Bank, with ! h
a commendable desire to jconform to the \ p
wishes and object* of the State, have, in ji
good faith, and sincerity, accepted its pro. i
visions, J r
j In executing the instructions of the ; r
Legislature, in that spirit of mildness F
and forbearance in w!iich T am sure thev '
were conceived, I deemed it proper to T
overlook the delay of a few weeks, after x
, the precise period fixed hv law, for the '
aeceptance of the two latter institutions; ^
apprised as I was that it had arisen from
uiiavouiah'ecircumstances, and not from ?
n
a willul nee!ect or refusal to comnlv with .
' r ' " i
i the requisitions ??f the law. J (
ft is flue to the hicjh character which j
these institutions have hitherto sustained, t
and [ am sure reflects no injustice upon . t
the motives of the Legislature, to state, c
that the object of this enactment was to j <
prevent anticipated evils, rather than to *
punish pa-tor existing abuses. The Federa!
Government having, in the exercise 4
of a wise and sound policy, abandoned '
that control over the currency which it 1
j had hitherto usurped, the necessity of a
. stridor supervision o\(9 the monetary |
affairs of this State, had become more (
obligatory upon those, to whom the peo- r
j pie have entrusted the powor of regula- ,
| ting them. \
i In such a state of state of things, it j
1 could not Ik? deemed an unnecessary or r
erfieiotH act ofcaution, upon tho part of c
j I his State if she resorted to nil the ordinn- <
j rv nnd legitimate means of rendering her I
1 own currency, sound, safe, adequate and t
stable. The exercise of the means she ?
i has hitherto delegated, in a great (nnd (
' perhaps an imprudent) extent, to her '
j Banking institution, by the extraordinary t
! privileges and immunities with which she t
has endowed them If the trust has here
tofore been faithfully nnd nhlv executed, the
merit is to he ascribed to the virtue t
and fidelity of the agents, rather than to r
the want of any power or opportunity, to r
abuse it; or to*anv provisions in the laws, >
to restrain or puish it. Under these cir- t
cumctanc.es, fh'S State was perhaps necessarily
forced to entertain the question, *
whether she had irrevocably parted with I
all power to regulate her own currency, *
or delegated the power, without reserve i
ro^imint onnfrnl. or SUDCVison. on her <
part, for the term of yen/a for which she *
has chartered her monied institution?.? ?
If in fact there does exist th:8* imperium
i,i imjierio, for the exercise of so torpor. I
tant a pmver the people of this State 5
might well ask, upon what constitutional J:
principles a soveriegn right, which can i
only he exrrci-od legitimately by their J
own Government, has been delegated to a
agents, politically irresponsible to them, f
i - V.- v - > *
[n such an issue, it is not a very, remote or
anciful anticipation, that if so important
i right were indeed improyidently lost in
aw, it would but too probably, in the
ibsenceof any other resort, be reclaimed"
?y* revolution.
The wisr.om and propriety of ivtaining
ome checks and guards, similar to those
vhich have been proposed, 'upon the oxraordijiary
privileges with which this
hate has endowed her charter ;d instituions,
is [ presume universally admitted,
n reference to those hereafter 'to ho char,
ered.; It will readily however occur to
very reflecting mind, that a p raspectivc
^gisiation in this respect, con Id remedy
iono of i.he existing evds.
The Banking Capital of the:' State is
lore than equal to its exigenc ics and reuirements,
and the most of those cor.
orations in which it has boen vested,
ave many years to complete the term for
/hich they were chartered.' Such a disriminntion
with regard tn future and exiting
institutions, would therefore be as
nefficimt as it would be invidious.
If I have a just and proper conception
f the objects of the proposed amendment,
t was witb these views amd conceptions,
hat the State-thought proper to require!
hese salutary concessions' from her chnrered
institutions, to.- her sovofeign auhority
and supervisi on. Deri vmg extrairdinary
privileges mid immunities from
ler libi ralitv, she has pre-eminent and
resistible claims upon their confidence j
md gratitude. Tr? isted for a long course
>f years* with the exercise of rights and I
lowers and franchises sovereign in their j
inture, and which can appertain to none .
?f her citizens individually, she may well |
irge a mora', as w<;Il as political right,
n he trusted in turn, with a discretion,
vhich she cannot exercise for her own
ntorest without promoting theirs. That,
;he has generously sustained them in all !
wist misfortunes and difficulties, is the j
lighest evidence of her future kindness i
md liberality; and should be the last j
irefext invoked, to sustain either present j
>r future acts of contumacy. And while j
he interests of her citizens are so intinately
connected with their stability nod
ucce-K, the restraining Influence of a just
ind enlightened poputu'r Idling, will he
ivcr ready to.interpose, to prevent the
:apricioiis exercise of legislative authoriy
To these high considerations, may p*rlapshe
ndded anotlier, of not less prn "ti:al
im|)ortnnce; that the salutary infltinee
of State authority would perhnps
jreatly conduce, in times of e.xtrnordina.
y calamity, to prevent those controverlies
and dissensions between the- Banks
hernselves, which were so unhappily ex
smplified in the history of some of our
>wn institutions, during the disastrous
ivents of thp late suspension. That it
las already exercised a salufary and judilions
influence, mnv he inferred from the
act, that under the operation of its proisions,
the Banks of this State a/onef of
,11 the institutions South of the Potomac,
inve in good faith and reality met en.
jngements or demands for specie, without
iretext or evasion.
Whnfever may have been the motives or
iccessitv which induced to the enactnent
of this statute, the rejection of its
(revisions, by some of thesu institutions,
ins marie il a question of the gravest im.
>ort, from the discussion and derision of
vhirh. this State cannot, without a sacriice
of h?r dignity and self-respect shrink,
>r recede. In this aspect of the question,
felt constrained, by every sense of duty,
is well as of allegiance, to exercise all the
tuthority with which I was entrusted by
he Legislature or the Constitution, to
tnforce the objects of the law through (ho
-idicial tribunals of the State. ' With
his view, I deemed it proper to engage
he services of several of the most effi ient
gentlemen of the Bar, as assistant
counsel, to co-operate with the Attorney
Teneral, and Solicitors. I regarded it
is the more necessary to do so, as the
;eason of the year at which the Court
vas held in Charleston, as well as the denands
of their respective Circuits, would
locessnrily deprive the State of the able
tervices of some, if not of all, of the Soicitors.
I had no authority to command
heir presence and services in Charleston ;
md under such circumstances of incon.
enience, as those under which they
vould have been rendered, I could not
) res nine officially to request them. The
irdunus duties which would therefore have
levolved upon the Attnrnev General,
could not have been performed, even bv
lis indefatigable zeal arid industry, but at
he expense of every other duty and engagement.
And although having every
confidence in the talents and attainments
vhich have so deservedly placed him at
hp head of h's profession, yet the grave
esponsihility of advocating the interests
)f the people, and the dignity of the
State, on a question of such vital impurance,
I regarded as too great, as too soions,
(and it was even deemed so by his
nodest sense of his own merit.) to be dernlved
on the abilities of a sinnle odvo
o
:nte.
From the manner and ability with
vhicli their duty has been performed, I
lave derived the greatest satisfaction:
ind the people and the State I trust, last,
ng and essential benefit, from the ardu>us
and able efforts with which their rights
md interests have heen vindicated, and
liscussed.
In connection with tliese remarks, re.
stive to the controversy into which this 1
State has been so unfortunately drawn,
v the recuwncy of some of her Banking
nstitutipns, jt way not he improper for
-on to dire?ttyonr Kiews to the considerition
of some permanent nnd prospective
node, of regulating our cufreny, I as- ,
r j
BBWWWiMBWWBMMKSPWIlB IWM
J sum?, of course, thnt this State can nev
j acquiesce in the existence of a Nation
j Corporation, or admit the necessity
subjecting its monetary affairs to the a
hitrnrv 'and exclusive control of such t
institution.
Much of the pressure and difficul
| under which our community has lahore
j has arisen from the constraint imposi
l unon the operations of our Banking insi
tutions, by the dissensions, necessari
incident to an inequality of Banking Ca
j ital. There is probably no fact in tt
economy of Banking operations mo
incontrovertible, than that the business
a moderate capital, under ordinnrv ci
cumstances, is usually productive of tl
highest rates of profits. And if, in 01
experience, there exists any exception
#Vn> I r r?rx * Ho r?!/l r
llllft rim:. III in v <11 <?l IIH7 ICTI^T I uunnii
institutions, it is because the Into polie
of the Strite, in cresting so vast a dirpr
portion of capital as now exists, has sul
stitutcd the dominion of the few, for tl
honorable competition of all, and therel
produced strife ?nd discord, where ni
I thing but a generous emulation of pro!
and usefulness, should prevail.
The greatest profits of the bnnkir
isyRt?'m are presumed to tor derived fro
: its operations in efchanges. In propo
' tion to the exorbitancy of the rates pr
doccd bv the derangement of the currei
cy, and the pressure and difficulty of tl
times: and in proportion to the advantag*
of the capital bv which an institution ma
monopolize that branch of business, i
1 may its interest and tendencies bcdirectc
to protract, and even to increase thi
! state of disorder, from which it acquire
its greatest gains. It cannot therefore I
a wise policy which supplies to privai
corporations, in excessive capital, tl
oowcr, motives, and inducements to pr<
fit by the embarrassments, or to exto
from the necessities and inconvenience
of the people.
I do not mean by these general jiropi
sitions, to imply a censure on the conduc
or illustrate the abuses of any one of ot
own institutions. The example of or
of them, at least, during the late suspei
sion, so fur from manifesting such a pol
cy, cannot be too highly commended fi
its forbearance in the use of its advm
tages, as well as its wisdom and firmnps
in maintaining the faith and credit of tl
South. Still, an undue and dnngerot
power over our currency, is neces.iari
incident to the position of financial out*
cracy which it occupies. And if thi
power has not been tyrannically or co
ruptly used to its injury, or the detrimei
of the public, it has been owing sold
to the discreet forbearance of those wh
wielded it. and not to anv safeguards pre
> ided hy the laws to restrain it.
jK reduction of the capitals of the seven
banking institutions of this State, (wei
their charters to be renewed,) to sum
common and moderate standard, Jess tha
that of our State institution, would prol
ably prevent the recurrence of future evi
arising from t his cause. But in the men
time, to strengthen the influence of 01
State Bank, either by an increase <
capital or of ir.ninunities, is perhaps i
present, the most e/fiencious, and themu
means, of correcting existing ills, w ic
legislative action cannot otherwise read
without violating the chnr'ers which sam
lion them. Whether lh.:s State shoul
participate in banking o^ntions at a'
cannot now he regarded a.n open or
practical question. But whether sli
.ia? Kf.r inulitnfinn. in tile I;)r
ailWIIIU MWl ! ? ( Ml HM.c.w..,
gunge of a distinguished statea'Mi.in, t
"unbank" the abuses of the system, J*
mil icy that deserves to be well consider."*
Such a position it is presumed the Bun
of thi? State would occupy, with a ma4
dignified, salutary and judicious effect
Certain it is, in my estimation, that s
long as the State engages nnd compete
in banking operations, her insfitutioi
should at least exercise a controlling in
flucncc on her monetary affairs; or els
present the strange political anomaly ?i
the public Treasury, (with which it i
practically identified.) nnd the people'
money, subjected to the capricious an
selfish domination of private corporation
which, however bcnificiently exercisei
heretofore, is always liable to abuse.That
its present resources are inadequat
to this object, is but too apparent fror
the inconvenience and restrictions, t
which, in all times of great pressure an
difficulty, it has been subjected.
Whether it may not he expedient, i
the event of increasing its capital, to a.<
sociate private interests, which may al
ways exercise a salutary vigilance on it
operations; or, bv merging, as their chai
tors exmre. the whole hanking capital c
I F ^
the State into one system, proportionate!
controlled hv the Stockholders nnd Rep
resenfatives of the people, are measure
which I would suggest as worthy of you
consideration. Such o system of finance
if uniform!y adopted by the States, regu
lated and modified by the influence of
national Sub.Treasury system, it is he
lieved would furnish the best and sounda
currency in the world.
The Report of the President of th
Bank, will apprize you of the profits whic
have accrued from the transactions r
this institution for the past year ; and fo
a revjpw of the circumstances and embni
rassments pervading the community ur
der which they have been realized, yo
need not he referred to a monitor mnr
faithful than your own experience. Sai
isfactorv as those profits are, considerin
the character of the times, they have hee
derived from accommodations as hen
ficent in their effects, as they have bee
Mifely and judiciously administered, ft
the benefit of the institution its If Wit!
out resorting to any of the usurious expt
dients of the times, its resources have
believe been as faithfully and humnnel
directed to protect the property of th
citizen, as patriotically to subserve th
interests of the Stnte.
Prom thcaepeet of th? financial effai
? * ^ ; * ". ' ? .V -?'
ei-; of the State, as'von will find presented f
ml in the Comptroller'* Report? vou will!
of | perceive the expediency of exercising the '
ir-' same rigid and judicious economy, in the |
in disbursements of the revenue, which has !
hitherto prevented the necessity of inty
i creased taxation. Additional burdens
d, I upon the labor and property of the peo.
2d j pie, should not be imposed in times of
ti- j such embarrassment and distress, except
ly for objects of such primary necessity and
p- importance, as affect the -permanent weal
le and safety of the State, or any of the
re great principleS of constitutimwl liberty.
of Improved as our resources are, in comr
parison to the aspect presented at the last
le session, the Treasury is still far from
ir having obtained a redundant and overto
flowing condition. It will be found I trust
ig however, ndequate to meet all such ne:y
cessary exigencies, as cannot be neglected
0 . without consequences more ruinous, than
b. the most wasteful and inconsiderate exle
travagance.
>y The condition of the public works and 1
n. improvements effected at so much cost to
[it the Stale?some of which are still
unfinished, others unprofitable, and many
ig falling into decay?will demand your at- '
rn tention, either to abandon, repair, or ^
r- otherwise dispose of them. The sale or 1
r>. lease of many of them, under the super- <
i- vision of commissioners appointed in the
ie severnl communities in which they are 1
fw j located, at a price not less than the value, 1
y j (as estimated by the Comptroller or Su- 1
to | perintendent.) would perhaps be one of
id j the most efficacious and satisfactory
-* J? "C ...l.aumit fliQ Slolo fmm fnr.
ni limi|?;3, ?# I mu W>?>v |
2s tlier embarrassment and expense.
?e The impracticable condition of the
te road through Vance's Swamp, and its 1
le great importance, as the ordinary, and I '
3- believe, the onlv channel of intercourse 1
* J
ft with Charleston, to more than three Dis9,
tricts in this State, as well as a large j
portion of North Carolina, makes it high- 1
0- ly desirable that the libera I appropriations
t, already made to improve it, should not
tr be utterly lost, by the ruinous and inco ??.
ie plete condition in which it now remains.
More than twenty thousand dollars were (
1- expended by the State, in constructing ' i
ar the irrigwal mad ; from which it has de- '
i- rivtd neither benefit, or improvement.? i
s, Ten thousand dollars was afterwards reie
ceived by a contractor, for electing the i
is skeleton of a Bridge which, having been
Tfjf'Ctrd as perishable and dangerous, was ?
i- abandoned and removed. Of the last ?
it appropriation of twenty thousand dollars. 1
r- to embank the swamp, the contractor has i
it received the first instalment, and after <
iy accomplishing a very considerable portion I
10 of the work, at a ruinous expense to him)
self, has been compelled to abandon it,
from the exhaustion of his resources, the i
11 influence of recurring freshets, and an
e inability to complete a contract so far '
ie exceeding the estimated cost and labor. 1
n The balance of the appropriation slill <
)- remains in the Treasury; and if diverted j<
Is from the object first contemplated by the j I
n Legislature, will leave the State without j i
tr a single corresponding benefit, to com- 1
if pensnte for all the sacrifices of treasusc, '
if which have been so ruinously sustained, 1
by both Stale and individuals. '
! i No portion of the police or statistics of |
i, the State, is presumed to require m< re (
radical reform, than our system of Road *
Id. woiking. There is no object upon which ?
I. so much labor and expense is so unprofit. j?
n :ih!y bestowed, or so unequally contribu. '
10 fed, by the different classes of society. <
)- Notwithstanding the annual impositions ?
o upon tho time, labor, and purses of our '
a citizens, thP condition of our roads is far t
I. from manifesting a corrosuonding degree t
.V of improvement. Nor is it less obvious, <
it that much the greater portion of the bur- ?
. .len which the present system devolves
o upon the people, is sustained, almost I
s exclusively, by the agricultural interest. '
n The ,'ahor or profits of the capitalist, or of '
i- the pi ofessions, (no matter how produc- ?
e tiveor enormous,) are practically exempt <
if from tbe^e assessments, which always <
s recur, nnd which sometime* fall with t
s much inconvenient force, upon the in- i
d tcrests of the Planter. Nor are the oh- 1
s jections arising from principle, less co. I
d gent than those which are so amply il- j'
- lust rated, by the experience of its inefii- | <
c ciency and inequality. The sover. ign <
n power of taxing, even within a limited <
o discretion, the property and labor of the '
d people, as possessed by the Board of '
Commissioners now established in the 1
n several Districts of the Stale, can never
i- be safely or wisely reposed in any body ; *
I. of men, however virtuous or discreet, not i
s elected by the people themselves, and 1
- wholly irresponsible to any of the penal- {
?f ties of the low, or even to the conse- I
y quences of impeachment, for any of the Is
)- ordinary abuses of the trust. The pow. <
h era entrusted to the Board of C'ommis- j1
r mission.:rs, are not only of a ministerial, 1
!, but, to the extent to which they are vest- ?
i- ed, of a legislative character; and if they ^
a have not been hitherto abused, to the f
i- oppression of the citizen, it is because 5
it the forbearance apd justice of the officers, 1
have imposed more salutary restraints, t
e than the provisions of the law. Jfpowcs 1
h of the same character and extent, were ?
if conferred on a military, or any other 1
r tribunal, accompanied with the self-per- f
petvating prerogative of electing its own '
i- members, the liberties of the people, and I
u the authority of the government, would f
e i he regarded as deeply endangered or sub- <
t- j verted. I do not know whether the ef. '
g j feets of the present system are most to 1
n j he deprecated, in the execrable condition 1
i- of most of our high-ways, or in the caprin
rious, partial, and oppressive exercise, in j
>r numerous instances, of the mostdespoti- '
>. rally and obnoxiously administered power,
in the State. If, therefore the present
I system must necessarily be continued,
v from a supposed impracticability of de.
le vising anv other, I would recommend that
le the appointment of the members of the
several boards, should devolve upon the
r* people, at the same time, and under tho
tame restrictions, as appertain to the elsetion
of their Representatives. If it can
not bo inspired with a spirit and energy<|t
for usefulness, let it pt least be shorn and
divested of its power and tendency tw
evil. I cannot I trust too impressively
invite your attention to a subject of so
much practical importance; and while
the improvement of roads, as one of the
indispensable means of adyancing com
merce, has justly been regarded in all ages
of the world, as the evidence of increasing
prosperity and civilization, the patriotic
emulation which I am sure you are always
ready to manifest in promoting the public
weal, will direct your most sedulous exertion
to the improvement of our own. *
The revision of our criminal law, in
many essential particulars, is required by
the dictates of policy, as well as of human- *
ity. The effects of timb and circum.
stances, have produced so many modifications
in the character of aome crimes,,
that it is difficult, in many instances,
either to piocure convictions, or enforce
punishment. Where the penalty exceeds
the sense of public justice, or where the
feelings of commisseration for the culprit
overpower the apprehension of const*
quenccs to the safety or interests of the
community, neither the wisdom of the
Judiciary, or the firmnessof the Etecittive,*c8n
prevtfht a law from becoming as
obsolete as it is odious !JT this cms* or
cases may perhaps he enumerated tome
of the lesser grades of forgery, the punishment
of which, as a capital offence,
has gradually been ameliorated, even by
the policy of those nations, from whose
commercial exigencies, they were originated.
Were it even necessary to have
exceeded, in this instance, the infliction*
of the divine command, in the enumerated
offences to be expinted by death, it w
hoped that the force of that necessity has
gradually diminished, under the influence 0
of time and circumstances. .
The trial of slaves for capital offences,
in the ordinarily summary mode of
process, and in the midst of all thoas
circumstances of excitement in wlihh
feelings of partiality or of prejudice are*??
apt to predominate must be admitted to
lie capable of producing those perversions
in the administration of justice, from
which the rights of humanity and tie
interests of property should be protecte?
Within the small circle of neighborhood
ommunities, so easily swavrd by passion
r>r feeling, vindictive motives to the ma*.
Icr, may sometimes conduce to the punishment
ol the slave, while the influence
r>f a popular favorite, on the4*ther hand, f
may be success ully excrciscd-to extern At
the crimes of the culprit. The result of
mv reflection and experience, their fore,
induces me to reiterate the-recommends,
tion of one of my predecessors, to alter
the present mode of trial, to a jury of
twelve freeholders, to be assembled at the
court house; and the prosecution in ill
r:nses (and the defence when practicable) J
lo be conducted by counsel.. The eonve- /
r?ien< e of the Parishes, remote as some of J}
them are from the sent of justice, may
eadily be accommodated. by special pro- j
risions. If, in making this recommend
ition, I have said little more 4han ta Client
the suggestions of some of my pre.
jecessors, it is perhaps for that very rea- I
ion entitled to your more serious consid. I
ration, as the result of the matured and I
icciimulated experience of this departnent,
in all its stages of occupancy and ; ,f
)f succession. Thv instances of awaken
d regret and contrition, on the pirt of '
nany of these judicial tribunals, invoking
;he interposition of Executive -clemeney, L
lo modify or arrest their own . hasty and '
>Pten illegal convictions, are of frequent
ilid ordinary occurrence.
The present mode of applying the Free
School Fund 'ins been productive of no
lenefif, to correspond with the flKHt mu>
rificcnt of all the benefactions of our
Stale Government, to improve the moral
mndition of her people. The experiment
if many years, not only present* us with
he result of a large propoition of ourndigent
citizens, who have grown up
without the encouragement or the oppor[unity
to participitte in its advantage!*,
nit at the same time forces upon us the
conviction, that these opportunities, rktn
;njoyed, have in many instance* been ac;ompanicd
by a standard of morals, asveil
as of tuition, as vitiated, and perhaps
nore injurious, than the woist consequences
of the most profound ignorance,
While our grammar schools and literary
inminarioa havu arlvnnr^ nnd imnfAVS^
.............. ~ ~ ""I
n proportion to the increasing intelligence
)f the age, nnd to the higher requirement*>f
our colleges, the free character of oar
rce schools has depreciated in alj the *
>cntial requisites of a sound and judicious ourse
of education. Where,are tbeir
>eneficial effects to be witnessed, m any
>ftheir influences on society? Whereire
the monuments of their usefulne? to>e
seen, in any new illuminations of aci*
mco or improvements in the arts ? Whet
ignal example can be adduced, to itlusrate
a solitary instance of moral or ii?n
elleetual reclamation, for the expenditure
>f more than thirty.six thousand dollars
mnually? Better would it be to leew
he mind entire.lu to nature's influence!
ind Heaven's inspiration, that) to perrft:
he understanding, and corrupt the hetft,
jy a depraved and injudicious course ef
education. The result of so many ye*?' ^
experience, is enough to dissatisfy ypur
tiopes. in the present mode of appljjbg
the liberality of the State ; but toot, I tj|s*K'
to discourage your efforts to improw it.
When the State assumes toJ become .the
guardian of the education of any ptftion.
of her citizens, the character of tha'tdu-.
cation should be of a hir^d not ti&rinr
to the most useful and improved stfidard
of tuition. I am inclined to the #mc?
tion, that if elevated to: the conditen of'
the highest order of English Gsmmar
Schools-?one to be established * each*
District, County, or Parish?-thefcourso
of instruction b^ing chiefly dirccbd to th*
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