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?
/