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J l A,wi|iiwwi '11. m ijP'WtU.'JLiJjiillMWTW More than twice lias it been' interposed to rescue the peoole from t'*?> domination and abuses of a National Bunk. It was in defence of our rightsaftrl our institu. lions, that the determination of a lute Ex. ecutive to refuse his constitutional sane, lion K> the abolition of slavery in any of its forms, was' so fearlessly avowed; and tht^ S'ate, I presume, can have no interest ( or motive to remove the few salutary <*hoek? and embarrassments to thp so of. , ten unjust and inconsiderate legislation of < a majority in Congress, as to induce it to I tvar nguirst the dignity and prerogatives I of a department, the weakest and most i > "conservative, perhaps 'n tbe government. f [ also submit f<r?r the serious ennsidera- 1 lion of the Legislature, a copy of the commnnication of the Governor of Virginia, on the proceedings of the Genera! AssemIdv of that State, on the subject of her ( late controversy with New York: nn:l Re- ( ports and Resolutions from the State of . jUaNt ma, responding to the views and | . declarations so solemnly announced by , this State, on qnestions deeply involving | I the right of property, and the security of ? the'domestic institutions of the South. | Bftund hv every consideration of duty, of 1 * interest, of hoqjA*, and of equity, to repel ' so flagrant a disregard of the rights of a i | tister State, we should always l>e ready and prompt to redeem the pledge of onr alliance to a cause with which our inter- | estsare so intimately identified. Relatione of.amitv cannot he preserved even between separate nations, in which th?> . rights of property are not regarded as they . exist, under the respective laws of each; j much less can sovereign States he perinn- J nentlyallied inn hond of Union, under i the same laws, government, and constltu- j tion, where fugitives from the ^ justice, ' plunderers of the property, and violators | of the laws, oi one, find refuge and impn. 1 nity under the sanction of the constituted "* authorities of the other. No wrong is j mire readily resented hv nation*?no in- ' - justice can more df e^'y stnin the faith, or . * more essentially impair the friendly and 1 intimate, relation of ro* federated States! |' It woidd he a reproach to the character - of onr institution, if claim which are re. j | - cogn;?cd and reciprocate 1 h\ the comity ' and justice ot all civilized nations, should J j by scornfully refused and contemned hv j | States federated tinder the same laws and : , constitution. If the obligation* of the , * constitution which require one State to deliver, on demand, fugitives from the * justice of another, are to he disregarded, ?our institutions assailed,?the plunderers of our property encouraged and pro. j - * tected,?then must we regard the perpc- | trator of these aggression, \no matter hv j w hom committed," as a foe to our rights j . . 1 VlfL-.l .L_ I ann nn mrmy mnur pfnt-e, ?? rienier me i wrong in this rase has Seen done to Vir- 1 ginia or South Carolina, the principle is J the ?nrne, the interest involved common ; toboih, and the responsibility of protectiri?T Them should equally devolve on everv i State in the Union, in which justice ever. , cises domonion, or similar institutions ? exist. Persisting in such a course of un provoked hoS'i'itv to the interests and p. Ktitutions of the .South, Xew York ean only he regarded in the light of anv other aggressing ine.ver?in prune frirnls. hut tnrmie* in irar. The ndonfion. in all such 1 instances, of a similar course of vigi'nwe to that which the State of Virginia has instituted, would perhaps he a wise and necessary precaution, to present the the recurrence of similar aggressions the property and rights of our own eiti zens and institutions. We ought, upon , every principle of equity and of interest, to make common cause with anv State whose rights and institutions are thus wantonlv violated and assa'led. The position which it mnv become this State assume, on anv of the important questions presented, would seem to stiff, .gest the importance and nece?sifv of mil. livnting .and improving her means <if safe tv and defence. It would he a mere mockery to vaunt of rights, liberty. or sovereignty, without the spirit, ability, or resources to defend them. It would lie, tetter at once to endure threatened or impending ills, nnnggrnvnted hv opnnsiJh#n. than hv unmeaning denunciations, awt-d impotent exhibitions of resistance, to j jtiwvoke and increase their bitterness.? < Prohibited, hot!i by tho character of our institutions, and the restrictions of the ' constitution, from resorting to anv other means of cultivating our military rcsour ecs th*n that (if a well trained and organized ftt'-litia, it should ho cherished to the , highest state of perfection, and with a'1 pride and assiduity to make it the morf 1 efficient, as it is the oufy n?< ans of defend- j ing the rights, the; honor and sovereignty ! iff the State. The .improvement in which ' it .so rapidly progressed. under the j influence of the late Brigade Encamp oienti?, offers the highest encouragement to the continuance of void patronage, as J Well as the happiest illustration of the : beneficial effects of the mode i.n which it j 1?is hitherto been conferred. Assembled ! in these i\ormul Schools of drill and tui- | linn, where a patriotic emulation was ex- j cited?where knowledge was imparled ? and recieved, under the criticism of the I '< most improved and accomplished officers 1 ?where such favorable opportuneios < were affordedf?*r discriminating the qual- >' ificntions, both of the soldier and the ' citizen?and where that martial pride < *imI feeling was acquired, which is the ? lent, perhaps the only foundation of an el- i nvated patriotism, combining so many mo- | **" tivV*. stimulants advantages and incent- I i\es?it is not surprising that from its re- I suit ( should he enabled to give von a i gratifying assurance that our militia now l A.-ow^rii>e.s in its organization, a class of of. I i ficcrs v.hose knowledge and accomplish- ! | tuenls w.ould do credit ttfnnv age, or sor- ? vjv/i;vr country -With such inducements ! before us, it is deeply to be regretted, that i an experiment productive of so many advantages and improvements, without any detracting consequences whatever, should have been prt maturely abandoned. Already are the effects of that abandon, ment visible, in the waning enthusiasms of the service, and the resignation of ( some of our ablest officers, from a conscientious regret and despondency, for the j future usefulness and efferiency of their J, exertions. Such indications as these ( should be regarded as a solemn invocation I to restore a system from which the State tins derived such important benefits.? ' Confined perhaps as those encampments { should be. to commissioned officers, it is ' not to he presumed that any officer would >? so insensible to the honorable pride of lis vocation, or to the confidence which i he State "reposes in his courage and fi- < Jelity," as to regret the privations and | ( conveniences of five days camp service, | lo learn the art of defending his country i ind its institutions. With some slight ( ind salutary modifications of the law by j which they were regulated, it is confidently hoped that they may be made the ichools of correct morals, as well as of patriotism and military discipline. With '' [he alteration or addition of such provisions as.may promote this desirable object, ihe bill under - the consideration of the Legislature, at the last session, in DecemH-r, antl revised by the Adjutant General, with the accompanying report, is respectfully referred to yo'.ir consideration. Amid all the portents of the time?the peril that every where surrounds our domestic institutions?t'.e emergency tha' may call upon us to vindicate our right? and principles?I cannot but again and J 5ost seriously invoke your attention, to that organization of our military resources and defences, without a due regard lo which, no State action can be efticicn! and the assertion of sovereignty itself he but a bye word and i reproach, without dignity, and without effect. The contingency of a National War, (remote and distant a? I trust it still is.) t a not lie overlooked, among the numer ous other inducements to improve our military resources. The most exposed, |>erhaj)s, as we are, to its ravages, from the neglected condition of our coast?the , greatest sufferers, from the hardens which its expenses are destined to impose?no ( matter how provoked or originating whether hy the amh tion of one power, or the officious border aggressions of the other,there can he lam sure, no selfish or ignoble considerations, that would ever restrain the nlost generous contributions upon the part of this State, of treasure or of arms, to save the national honor from tarnish or disgrace. . By an Act of the Legislature, in December last, the duly was devolved on l this department, of proposing for the ac- ' ceptance of the several Banking Institu- . tions of this State, an Act tonmend their Charter*,; with a view to prevent the future suspension of specie payment*. The Bank of the Stat", the South-Western Itlil.Road Bank, the Union Bank, and t if Planters' and ^Mechanics' Bank, with ' I a commendable desire to .conform to the \ i wishes and object< of the State, have, in | good faith, and sincerity, accepted its pro. i Visions, J I In executing the instructions of the . i Legislature, in that spirit of mildness I and lur.warawi* to which I am sure they 1 were conceived, I deemed it proper to I overlook the delay of a few weeks, after (he precise period fixed hy law, for the ' acceptance of the two latter irrstitutions ; ^ apprised as I was that it had arisen from tmavoidah'ecircumstances, and not from a wilful neglect or refusal to comply with ', the requisitions of the law. j ( It is due to the high character which j these institutions have hitherto sustained, i Miiii I 1111 curr* rnilnctj rwi i imu'l i^>o tinnn i * j, the motives of (he Legislature, to state,|< (hat the object of this enactment was to >< prevent anticipated evils, rather than to { punish pa. t or existing abuses. The Fed- 1 era! Government having, in the exercise * of a wise and sound policy, abandoned that control over the currency which it 1 had hitherto utitrped, the necessity of a stridor supervision ov<# the monetary j a (Fairs of this State, had become more | obligatory upon those, to whom the peo- , pie have entrusted the powor of regula- < ting them. * In such a state of state of things, it | could not l?e deemed an unnecessary or s erii ions act of caution, upon tho part of < this State if she resorted to all the ordina- < ry and legitimate means of rendering her I own currency, sound, safe, adequate and I stable. The exercise of the means she < has hitherto delegated, in a great (and < perhaps an imprudent) extent, to her 1 Banking institution, by the extraordinary I privileges and immunities with which she ? has endowed them If the trust has here tofore been faithfully and ahlv executed, the merit is to he ascribed to the virtue ' and fi lelity of the agents, rather than to i the want of any power or opportunity, to ? abuse it; or to*anv provisions in the laws, ' to restrain or puish it. Under these cir. < nim^tauf.fes, fh'S State was perhaps neres;nri.lv forced to entertain the question, ' whether she had irrevocably parted with I ill potrrr to regL'late her own currency, '< ?r delegated the power, without reserve i esiraint. control, or ^supervison. on her ? art. for the form of vea/s for which she '< lias chartered her monied institution?.? < If in fact (here does exist th s - intvsrium >,i imjterio, for the exercise of so irrrpor- I [ant a pmver the people of this State S might well ask, upon what constitutional J principles a s<tveriegn right, which can i inly he c\crc?-?>4 legitimately hv their ) ?\vn Government, has been delegated to a jgonts, politically irresponsible to thorn, r 1 ? ?* :*. .'-L V' ^ In such an issue, it is not a very, remote or j fanciful anticipation, that if so important t a right were indeed unpfoyidenftly lost in | law, it would but too probably, in the absence of any other resort, bo reclaimetT by're volution. The wisr.om and propriety of retaining some checks and guards, similar to those which have been proposed, 'uprm.the extraordinary privileges with which this State has endowed her charter ?d institutions, is I presume universally admitted,, in reference to those hereafter 'to be char. ' tered,, It will readily however occur to | svery reflecting mind, that a p rospectivc | legislation in this respect, con Id remedy , none of the existing evds. The Banking Capital of thW State is , more than equal to its exigenc ios and re. juiroments, and the most of those cor. i porations in which it has "hisen vested, < have many years to complete the terra for j which they were chartered. Such a dis- ! crimirmtion with regard tn future and ex- ' isting institutions, would therefore bo as I inefficient as it would be invidious. If I have a just and proper conception of the objects of the proposed amendment, f it was with these views atnd conceptions, j that the State- thought proper ;to require ' ( thpse salutary concessions" from her char- , terod institutions, to/ her sovofeign nu- < thority and supervjsi on. Deriving extra.* I ordinary privileges and immunises from >< her libi ralitv, she has pre-eminent and ! i irresistible claims upon their confidence 1 and gratitude. Tr. isted for a long course I of years, with the exercise of rights and i | An/1 Cha r\rtl? LiAirAVAi rt T\ 111 iK^IP , ^ nature,and which cnn appertain to none i' of her citizens individually, she may well | urge a mora', as w jll as political right,j j :o he trusted in turn, with a discretion, S j vhich she cannot exercise for her own t interest without promotingtheirs. That she has generously sustained thorn in all > past misfortune* and difficulties, is the < Uighest evidence of her future kindness if uid liberality; and should be the last < pretext invoked, to sustain cither present * or future acts of contumacy. And while ( the interests of her citizens are so inti- 1 mately connected with their stability nod f success the restraining Influence of a just \ and enlightened popular lading, will he ever ready to interpose, to orevpnt the | capricious exercise of legislative authori. c ty. # P To these high considerations, may" per. r haps he added another, of not less pra"ti- o cal importance: that the salutary influ- t ence of State authority would perhaps * grently conduce, in times of e.xtraordina., > ry calamity, to prevent those controversirs and dissensions between the* Banks ^ themselves, which were so unhappily ex ^ emplified in the history of some of our c| own institutions, during the disastrous , events of the late suspension.; That it * lias already exercised*a'.salutary and jndi rtious influence, may be inferred from the g fact, that under the operation of its pro- C1 ristons, the Bunks of this State alone, of p ill the institutions South of the Potomac, tr have in good faith and reality met en. |c vagements or demands for specie, without vv pretext or evasion. tJ Vhatever may have been the motive1* or P: necessity which induced to the enact- ('i ment of this statute, the rejection of its p provisions, by some of these institutions, =?l ins made it a question of the gravest im. U r>nrf. from the discussion and decision of " which, this State cannot, without a sacri- ^ fice of h?r dignity nnd self-respect shrink, S ar recede. In this aspect of the question, ? I felt constrained, by every sense of duty, (l as well as of aVcpiancr. to exercise all the C authority with which I was entrusted by If the Legislature or the Constitution, to if enforce the objects of the law through the si judicial tribunals of the -State. With A this view, I deemed it proper to engage P the services of several of (he most effi- If cient gentlemen of the Bar, as assistant P counsel, to co-operate with the Attorney t General, and Solicitors. I regarded it st is the more necessary to do so, as the w season of the year at which the Court h was held in Charleston, as well as the de- T mands of their respective Circuits, would t< _:i~ j tL? eu ? *Ln ?kU f? necessarily u':pnvfi me oimc.-ui mc oi/irj ?ervices of some, if not of all, of the So- w licitors. I had no authority to command di their presence and services in Charleston ; ind under such circumstances of incon. tl rcnience, as those under which they ? would have been rendered. I could not w iresume officially to request them. The o| lrduous duties which would therefore have tc devolved upon the Attorney General, tl :ould not have been performed, even by rA liis indefatigable zeal and industry, but at rc the expense of every other duty and en- w jagement. And although having every r' confidence in the talents and attainments if which have so deservedly placed him at hi the head of h's profession, yet the grave n: esponsihilitv of advocating the interests h< >f the people, and the dignity of the ci State, on a question of such vital impor. ance, I regarded as too great, as too so. H ions, (and it was even deemed so by his hi nodest sense of his own merit.) to be de- tf solved on the abilities of n singfe odvo. a ate. ra From the manner and ability with d< .vhicb their duty has been performed, I n< lave derived the greatest satisfaction: fa ind the people and the State I trust, last, is ng and essential benefit, from the ardii- {l" ins and able efforts with which their rights d< * ? ind interests have heen vindicated, and rv liscussed. . m In connection with these remarks, re- tl ative to the controversy into which this I 01 State has been so unfortunately drawn, di >v the recuhincy of some of her Banking he nstitutions, jt rnav not he improper for di rou to direct, your yiews to the consider- ci ition of some'permanent and prospective ir node, of regulating our cuireny, I u. "" U" ' | ?mme, of course, thnt this Stale can nevei-! o acquiesce in tho existence of a National ii Corporation, or admit the necessity 'of, p subjecting its monetary aflairs to the ar- si bitrnry and exclusive control of such Tin d institution. h Much of the pressure and difficulty i ci under which our community has labored, j u has arisen from the constraint imposed ; pi uoon the operations of our Banking insti* si tutions, hy the dissensions, necessarily fc incident to an inequality of Bunking Cap- in ital. There is probably no fact in the a\ economy of Banking operations more gi incontrovertible, than that the business of Ir a moderate capital, under ordinary cir- p* cumstances, is usually productive of the s highest rates of profits. And if, in our h? experience, there exists any exception to fl< this rule, in favor of the larger Banking h< institutions, it is because the Into policy cc of the Strife, in creating so vast a dixpro . w portion of capital as now exists, has sub. th gtituted the dominion of the few, for the tr honorable competition of all, and thereby produced strife and discord, where no. in thin# but a generous emulation of profit th ind usefulness, should prevail, , ur The greatest profits of the hanking fa lystcm are presumed to be derived from te Is operations in exchanges. In propor- ot tion to the exorbitancy of the rates pro. |ej iuccd by the derangement of the curren. vi ?y, and the pressure and difficulty of the se imes; and in proportion to the advantage* loi jf the capital bv which an institution may (a nonopolize that branch of business, so pc nay its interest arid tendencies be directed , tli 0 protract, and even to increase that m itate of disorder, from which it acquires tli ts greatest gains. It cannot therefore ho 1 wise policy which supplies to private ro mrporntions, in excessive capital, the gr >owcr, motives, and inducements to pro. he it by the embarrassments, or to extort wi Vom the necessities and inconveniences, tri >f the people. pn I do not mean by these general propo- ly lit ions, to imply a censure on the conduct, all >r illustrate the abuses of any one of our be jwn institution*. The example of one ph >f them, at least, during the late suspen. M lion, so far from manifesting such a poli. cx ;y, cannot be too highly commended for tb ts forbearance in the use of its advan. rit ages, as well as its wisdom and firmness, Ti n maintaining the faith and credit of the ce South. Still, an undue and dangerous I sk >ower over our currency, is necessarily rfj ncident to the position of financial auto, ah :racy which it occupies. And if that ap tower has not been tyrannically or cor- to uptly used to it* injury, or the detriment re* if the public, it has b' ) owing solely ar o the discreet forbearance of those who of yielded it, and not to any safeguards pro- set ided by the laws to restrain it. frr reduction of the capitals of the several in! inking institutions of this State, (were ini teir charters to be renewed,) to some ex ainmon and moderate standard, lets than Tl mt of our State institution, would prx>!>- rei bly prevent Ike recurrence of future evils fre rising from f'bis cause. But in the mean Lf ine, to slre/ig'lhen the influence-of our a tate Bank, either by an increase of pe apital or of ir.mtuinitics, is perhaps at wl resent, the most e/ficticious, and the only by leans, of correcting existing ille, w ,ic i igislaiive action car?nr*t otherwise reach, thi 'ithout violating the c.hn rlers which sane- ra< on them. Whether Ih.s State should wt irticipate in banking orations at a'l. so an not now he regarded ;io n.n npen or a ah radieal question. But whether she tci lould not use her institution, in the Ian- \r uage of a distinguished statesman, to up unbank" the abuses of the system, is a oit nlicy that deserves to be well considered, frc uch a position it is presumed the Bwn.V of f thi- State would occupy, with a mo?st thr ignifled. salutary and judicious effect- ?"lei Certain it is, in my estimation, that so up< >ng as the Slate engages and competes ex< ) hanking operations, her institution Th toutd at least exercise a controlling in- the uonce on her monetary affairs; or else tivi resent the strange political anomaly of fro le public Treasury, (with which it is rec radically identified.) and the people's mu lonev, subjected to the capricious and ter ilfish domination of private corporations jec hich, however henificiently exercised ge? erctofore, is always liable to abuse.? lus 'hat its nresent resources are inadeouatc eie r ( I > this object, is but too apparent from pot le inconvenience and restrictions, to disi hich, in all times of great pressure and pec iffieulty, it has been subjected. Co' Whether it may not he expedient, in sev le event of increasing its capital, to as- be x-iate private interests, which may al. of i ays exercise a salutary vigilance on its e/f< fjerations; or, bv merging, as their char, wh >rs expire, the whole banking capital of tie? ic State into one system, proportionately que in trolled by the Stockholders and Rep. ord isenfatives of the people, are measures era hich I would suggest as worthy of your mis nsideratinn. Such a system of finance, but uniformly adopted by the States, regu. ed, ted and modified by the influence of a hai ational Sub.Treasury system, it is be- opp eved would furnish the best and soundest the irrcncy in the world. ha> The Renort of the President of the tha ank, will apprize von of the profits which of I ive accrued from the transactions of cor us institution for the past year; and for tri! review of the circumstances and einbar- pet issments pervading the community un- me ?r which they have been realized, you the nod not he referred to a monitor more hr iithful than your own experience. Sat- j ver factory as those profits are, considering j fee le character of the times, they have been j he srived from accommodations as hem- j of i cent in their effects, as they have been cio ifely and judiciously administered, for nui ie benefit of the institution its If With- ral it resorting to any of the usurious expe. er, onts of the times, its resources have I gys ilieve been as faithfully and humanely fr?? rectod to protect the property of the vis tizen, as patriotically to subserve the the iterestsof the State. sei From the-Rppeet of th? financial affairs pe< f the State/as 'von will find presented i the Comptroller** Report* Von will trccivc the expediency of exercising the ime rigid and judicious economy, in the isbursements of the revenue, which has itherfo prevented the necessity of inreased taxation. Additional burdens pon the lahor und property of the peole, should not be imposed in times of 10b embarrassment and distress, except >r objects of such primary necessity and 11 porta nee, as affect the permanent meal id safety of the State, or any of the rent principle$ of constitutional liberty. nproved as our resources are, in comirison to the aspect presented at the last ission, the Treasury is still far from iving obtained a redundant and overawing condition. It will be found I trust iwever, adequate to meet all such nexo.'iri; sis ran not ho neclccted '"""J w B | ithout consequences more ruinous, than e most wasteful and inconsiderate ex. avagance. The condition of the public works and lprovements effected at so much cost to e State?some of which are still lfinished, others unprofitable, and many Iliinto decay?will demand your at. ntion, either to abandon, repair, or herwise dispose of them. The sale or Fi.se of many of them, under the super* 9ion of commissioners appointed in the vera! communities in which they are nnted, at a price not less than the value, s estimated by the Comptroller or Su. rintendent,) would perhaps be one of e most efficacious and satisfactory odes, of relieving the State from farer embarrassment and expense. The impracticable condition of the ad through Vance's Swamp, and its eat importance, as the ordinary, and I lieve, the only channel of intercourse th Charleston, to more than three Discts in this State, as well as a large rtion of North Carolina, makes it highdesirable that the lihernl appropriations ready made to improve it, should not utterly lost, by the ruinous and inco ??. ate condition in which it now remains. ! ?rn iFinn himntir I K/hict n/F rlnll.ira XJUHfO I ? '! V ?< ? ? % * T-i19\J viVflMM*/ " ?. l ponded hv the State, in constructing ' e original mad ; from which it has dertd neither benefit, or improvement.? sn thousand dollars was afterwards reived by a contractor, for meeting the eleton of a Bridge which, having been ircfed as perishable and dangerous, was andoned and removed. Of the last propriation of twenty thousand dollars, embank the swamp, the contractor has neived the first instalment, and after complishing a very considerable portion the work, at a ruinous expense to himIf, has been compelled to abandon it, >m the exhaustion of his resources, the fluence of recurring freshets, and an ability to complete a contract so Tar reeding the estimated cost and labor, le balance of the appropriation si ill mains in the Treasury; and if diverted I >m the object first contemplated by the j tgis'ature, will leave the State without | single corresponding benefit, to com- | nsnte for nil the sacrifices of treasuic, j lich have been so ruinously sustained, j both Stale and individuals. No portion of the police or statistics of , a State, is presumed to require mi re | [Jical reform, than our system of Road \ nking. There is no object upon wh;ch j much labor and expense is so unprofit' *' 4?i* c/\ itnonitnlltr r?r\r> r 1 Kl 1 y im aiutrcu, in un< ^u>in y (.i/im I, bv the different classes of society, ^withstanding the annual impositions on tho time, labor, and purses of our I izens, the condition of our roads is far { >m manifesting a corrcsuonding degree j improvement. Nor is it less obvious, it much the greater portion of the burn which the present system devolves on the people, is sustained, almost :'usivelv, l>v the agricultural interest. <: ,'abor or profits of the capitalist, or of < 1 pi ofessions, (no matter how produc- j 2 or enormous,) are practically exempt j m the*e assessments, which always'1 ur, and which sometimes fall with j eh inconvenient force, upon the in. esls of the Planter. Nor are the oh. tions arising from principle, less co. it than those which are so amply it. j I trated, by the experience of its inefii. j < ncy and inequality. The sever ign ' ver of taxing, even within a limited < cretion, the property and labor of the iple, as possessed by the Board of i mmissioners now established in the 1 eral Districts of the Slate, can never safely or wisely reposed in any body ' men. however virtuous or discreet, not i :ted bv the people themselves, and* oily irresponsible to any of the penal. |< < of the low, or even to the conse. !' jnccs of impeachment, for any of the J inarv abuses of the trust. The pow. < entrusted to the Board of C'ommis. I ssioncrs, are not only of a ministerial, j < , to the extent to which they are vest, j1 o lorritlniii'fi rhnrarfpr ? and if tllfiV ! I - /V - , y , re not been hitherto abused, to the iression of the citizen, it is because forbearance and justice of the officers, e imposed more salutary restraints, n the provisions of the law. If powers [he same character and extent, were iferred on a military, or any other ninal, accompanied with the self-pef' ua.'ing prerogative of electing its own nibers, the liberties of the people, and authority of the government, would regarded as deeply endangered or subted. I do not know whether the efts of the present system are most to deprecated, in the execrable condition most ot our nigh-ways, or in the capri- [ us, partial, and oppressive exercise, in I merous instances, of the mostdespoti- < Iv and obnoxiously administered pow- ( in the State, If, therefore the present 1 item must necessarily be continued, ' ma Mipposed impracticability of deing anv other, I would recommend that s appointment of the members of the 'eral boards, should devolve upon the pie, at the same time, and under the p i tame reatrictione, as appertain to the elec| tion of their Representatives. If it can ' not bo inspired with a spirit and energy<ft | for usefulness, let it ?t least be thorn and I divested of its power and tendencv t# evil. I cannot I trust too imprtundy invite your attention te a subject of so much practical importance; and while the improvement of roads, as one of the indispensable means of advancing com merce, has justly been regarded in alleges 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, a* well as of human- ' tu? ~cr ?- -< < in. * no ciictw ui iime and circum* stances, have produced so many modifi* cations in the character of some critics, 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 intermits of the community, neither the wisdom of the Judiciary, or the firmnessof the Executive, -can prevent a law from becoming as obsolete as it is odious Of this class of cases may |>erhnps he enumerated some of the lesser grades of forgery, the punishment of which, asa capital offence, has gradually been ameliorated, even by the policy of those nations, from whose commercial exigencies, they were origi* nated. Were it even necessary to have exceeded, in this instance, the inflictions of the divine command, in the enumerated offences to be expiated by death, it is hoped that the force of that necessity has gradually diminished, under the influence ^ of time and circumstances. The trial of slaves for capital offences, in the ordinarily summary mode of process, and in the midst of all thou* circumstances of excitement in wliiih feelings of partiality or of prejudice ares* apt to predominate must he admitted to he capable of producing those perversions in the administration of justice, from which the rights of humanity and tie interests of propert y should be protects Within the small circle of nrrghborhn?Hi iimiiiiiuiiiucb, rw cnniy nnnvru uy pnwiun or feeling, vindictive motives to the ma*. t?*r, may sometimes conduce to the pan. ishment of the slave, while the influence of a popular favorite, on theether hand, * may be success ally exercised-to extern it < the crimes ot the culprit. -The refillt of mv reflection and experience, their fore, induces me to reiterate the recommend*, tton 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 all cases (and the defence when practicable) v lo be conducted by counsel.. Theconve. ?y nien< e of the Parishes, remote as some of J them are from the seat of justice, may readily be accommodated by special pro. I visions. If, in making1 this recommend* JCj ation, I have said little more -than to re. ,/. pent the suggestions of some of my pre. decessors, it is perhaps for that very rea. son entitled to your more scrimis consid* eration, as the result of the matured and \ ^ I accumulated experience of this depart.}/ merit, in nil its singes oF occupancy and | ? of succession. Th? instances of awakened regret and contrition, on the p-irt of ~ many of these judicial tribunals, invoking the interposition of Executive clemency, L to modify or arrest their own .hasty and * often illegal convictions, are of frequent and ordinary occurrence. The present mode of applying the Freo School Fund has been productive of no benefit, to correspond with the mo<d munificent of all the benefactions of our Stale Government, to improve the moral condition of her people. The experiment of many years, not only presents us with the result of a large propoition of our indigent citizens, who have grown up without the encouragement or the opportunity to participate in its advantages, hut at the same time forces upon us the conviction, that these opportunities, irhtn injoyed, have in many instances been accompanied by a standard of morals, a*well as of tuition, as vitiated, and perhaps W more injurious, than the woist consequences of the most profound ignorance. While our grammar schools and literary seminaries have advanced and improved in proportion to the increasing intelligence r>f the age, and to the higher requirements r>f our colleges, the free character of oar free schools has depreciated in all the essential requisites of a sound and judicious course of education. Where , are their beneficial effects to be witnessed, in any jftheir influences on society? Whereire the monuments of their usefulness tobe seen, in any new illuminations of sciinco or improvements in the arts ? What signal example can be adduced, to illtisrate a solitary instance of mora) or im _ 11 - i ?: c ,i i:? eiieeuini reciumauuo, lor me cxpenuiiurr )f more than thirty-six thousand dolls* innuaily ? Better would it be to let* he mind entirely to nature's influence* ind Heaven's inspiration, than to penult; :he understanding, and corrupt the heart, jy a depraved and injudicious course if ^ education. The result of so many yei*' ^ j.xperience, is enough to dissatisfy your lopes, io the present mode of appl}ihg [he liberality of the State ; but not, to discourage your efforts to improv* it. When the State assumes to .become,the guardian of tho education of any ptftion, r>f her citizens, the character of tha'fcdu* l ?i l- _r _ l:_j i ;j canon snouiii ne 01 ? nu^u nm incrwr to the most useful and improved st?d?rd of tuition. I am inclined to the 4nvic? tion, that if elevated to.the condign of the highest order of English Gimmitr Schools?one to be established * each. District, County, or Parieh?-theCourse of instruction being chiefly directed to tha? /