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purpose. Upon a full consideration of all these circumstances, together with the additional fact, that these respective works will be worthless, till the whole of each is finished, it is for the legislature to decide what course sound policy and official duty call on them to adopt. The whole of these lines might be completed, if sufficient money be appropriated at this session, within two years; and a portion of them during the approaching sum ner.

In addition to the foregoing works in a state of progress,
the following have been suspended by the legislature, after
expending on each the sums respectively set down, viz:
Gettysburg railroad,
$656,66 67
164,0 0 00
30,000 00
It will not, I presume, be thought advisable by any one,
to re-commence any of these works under existing circum-
stances. The first has most probably,been suspended forever.
Important bills to be passed earlier in the Session.

Siunemahoning extension of the West
Branch Canal,

Allegheny feeder,

ments, stop the locomotives and draw the water off the canals, or to obtain the loan authorized by the bill, from the Bank of the United States. I reluctantly adopted the latter, believing it to be, as a question rather of expediency than of constitutional principle, more conformable to my duty than the for

mer.

To afford hereafter a reasonable opportunity to the executive, as well as to the two houses of the legislature, to consider and to decide upon whatever bills relative to the public improvements and to loans may pass those bo lies, I hope they will be presented to me in time to act in concert with them, or to enable them to judge for themselves in their constitutional capacity, whenever the provisions of such laws do not happen to meet my entire approbation. Thus only can the independence of each department be preserved without doing so at the expense of the public interests, and thus alone can the responsibility of each to the people be rigidly enforced, without casting a portion of it on the other. I shall never shun any responsibility, whatever, that justly devolves upon me, but I do not desire to be placed in a situation, as a public of I took occasion in both my inaugural address and in the ficer, where I must approve or disapprove of particular meamessage of the 26th of January last, before referred to, to an- sures, not on the ground of their intrinsic merits or demerits, nounce it clearly as my deliberate opinion, that after the com- but because, by the action of a co-ordinate branch of the govpletion of the works then in a state of progress, and so far ernment, I have been precluded from a free and unfettered advanced as to render it less wise to suspend than to prose-course of conduct. This certainly does not accord with the cute them with vigour, it would be time to pause in our ca- true spirit of our government. reer, and wait the further extension of our improvement system, until we judge of it by its fruits. The experience of How are the debts 'o be paid ?—Taxation. the past year, has greatly strengthened this opinion, and sat- Keeping in view these various circumstances and interests, isfied my mind beyond all doubt of the manifest impolicy of the question is now presented to the consideration of the undertaking any new works, whatever, at the present con- legislature, how is the money to be procured, to pay the juncture. I deem it an act of simple justice to the legislature interest on the state debt; to meet the several loans falling to apprise them that this is my thorough conviction of duty. due; and to defray the other necessary expenditures of the Should the legislature think proper, to prosecute the works commonwealth? However formidable the difficulties we now in progress to immediate completion, I respectfully sug- must encounter, there is no avenue of escape from these regest the propriety, of providing, at once for the whole amount sponsibilities left open to us. We must meet them without required, so as to enable the canal commissioners to execute shrinking, or postponement. The sum of $2,000,000, must them in the speediest and cheapest manner; and also I would be obtained for the ensuing year, and perhaps an equal further suggest the mistaken policy of postponing the passage amount for the year following. By the sale of the stock held of so important a bill, as that for prosecuting and repairing by the commonwealth, in the Bank of Pennsylvania, Philathe public improvements until the close of the session. Much delphia Bank, and Farmers' and Mechanics' Bank the sum is lost by the delay, and nothing gained. By this procras- of two millions one hundred and eight thousand seven huntination, not only is invaluable time lost, but bills are some-dred dollars may be realized, but it will require time to carry times necessarily permitted to become laws that do not meet this operation into effect. The sum of $600,000 must be the entire approbation of all departments of the government, had on or before the first day of next month, and the balance whose duty it is to sanction them. Such was the case with during the remainder of the year. Nothing can be expected the act of 19th July, 1839, entitled, "An act to provide for from other sources-even new loans would, perhaps, fail to the repairs of the several lines of canal and railroad and to answer the purpose in the present exigency. What then continue the improvements of the state." That very impor- remains to be done? My own deliberate opinion is, that, tant bill did not pass, until the last day of the session of the resort to taxation, provided that it shall be so regulated as to legislature, and it was not presented to me for my signature bear with as little hardship as possible on the people, is the until the legislature had actually adjourned sine die. Had only possible remedy to extricate the commonwealth from it been presented to me during the sitting of the legislature, the embarrassments by which we find her surrounded. I frankly say to you, it would not have received the exec In stating to the legislature the general resources of the utive approbation. But when it came into my hands commonwealth 1 feel it to be my duty to refer you, without there was no remedy: I was compelled to make a choice be- recommending it, to another remedy, which may put the evil tween what I regarded as evils, either to refuse my assent to day off for a time, should the legislature think proper to adopt it and suspend the prosecution of the public improvements, it. By the act incorporating the Bank of the United States, not only those in course of construction, but to arrest those that institution is bound to loan to the commonwealth in a state of use-or to approve of it, though conferring cer- at four per cent. interest, six millions of dollars when. tain highly objectionable powers and privileges on the banks ever required by law. It will be for the legislature, after ex- . taking the loan authorized. I held it under consideration for amining into its conduct and condition, if taxation be deemed nearly a month and was finally induced to sign it in order impolitic, to determine whether this sum shall be called for to prevent the serious evils that would have resulted to the from that bank-and if so, to appropriate the same specifically, business of the country, and the character of our public im- to the payment of the interest on the state debt, and to the im provements, had there been no provision made to repair and mediate completion of the main lines of canal under contract, continue operations on them at all. and in a state of forwardness, and to no other purposes whatever, In expressing my own opinion in favour of a resort to taxation, I do it with no inconsiderable degree of reluctance; but it must be obvious to every citizen of the commonwealth, that his house, his farm, and his property are all pledged, beyond possibility of release to the ultimate payment of the state debt, and the interest thereon accruing, agreeably to the stipulation with the loan holders. Nor is this the worst view of our situation. The state has been actually compounding, for years past, from a million to a million and a half of interest annually, and the question is now submitted whether we

The same paramount consideration also induced me to take the loan authorized from the Bank of the United States of Pennsylvania, which institution, as was to be supposed, would seek to avail itself of any advantage the legislature had bestowed on those who furnished the loan. Every other expedient to procure the money was first tried. The usual advertisements of the loans produced no bidders-letters addressed to all the banks in the city of Philadelphia had no better success. In this emergency, the only alternatives presented were either to suspend operations on all our improve

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are thus to continue adding half yearly, this enormous amount from that republican simplicity that ought to characterise a of interest to the principal of our state debt, and continue in free government. Privileges belonging to all the citizens the pusil'animous course of policy, from year to year, of shuf- alike have been specially delegated to small associations; fling of the evil day, and entailing this frightful legacy on pos-¦ a few persons collectively have been invested by acts of asterity. It is a reproach on the people of Pennsylvania to sup-, sembly, with powers and immunities denied to the rest of pose they can be longer kept in the dark, in regard to the sit- the community, and thus have numerous monopolies been uation in which we find them. created not only to rival, but to trample down all individual efforts and enterprise. The creation of one corporation, has been the signal for creating others as competitors, until the system has reached a point that calls on the legislature to pause. It may be improper to interfere with those already in existence, unless their own misconduct requires it, or experience shows that the security of the public good calls for such interference. It is high time, however, that the system itself on which they were created, should be brought within the wholesome influence of reform. Let the increase of corporations hereafter be limited to cases of undoubted public utility, where individual capital and enterprise are sufficient to accomplish the object intended, and let the power of the legislature to control or abolish them be at all times expressly reserved. A system resting on opposite principles must eventually transfer nearly all the powers and authorities of the legislature, as well as the business of the people to corporate bodies, and thus silently but effectually achieve a revolution in our civil relations; for if the obligations of men, may be converted into those of a limited and artificial nature instead of a direct personal responsibility, it is manifest that the very elementary principles of society are changed. We shall be constrained under such change, to reach the citizen, not by the inmediate personal process of the law, but by its clumsy indirect application to him in an ideal state of existence, created by legislation and rendered independent of the usual responsibility of the members of society. This is the condition of things, complicated and clogged by corporate exceptions and privileges, towards which our recent system of legislation on this subject, has been hastening us, and at which we shall sooner or later arrive, unless it be abandoned. Events that have transpired around us within the last few years, have justly awakened us to our true situation. The lessons of experience will not surely be lost.

All they want to know, to ensure a ready compliance with the indi-pensable call upon their patriotism, is to know the necessity of the measure. The experience of more than half a century, fortifies me in the belief, that the good sense of the people of this great commonwealth, is rarely appealed to in vain., In assuming the responsibility of recommending this measure, I am fully sensible of what is to be encountered, and aware of the consequences that are to follow; and if in this expression of the honest convictions of my own mind, and the fearless discharge of the duties incumbent on me, I shall not be bourne out by my fellow-citizens, I shall at least have the consolation to know, that I have done that which I conscientiously believe to be right, and which I think will bear the reflection of after years. The time for evasion is gone; the public mind has been too long fed with miserable expedients. The time for action is at hand. Our country expects every man to do his duty, and he that has not nerve enough for the crisis, should give place to those better fitted for the emergency. Neither the present legislature, nor myself, had any, thing to do with contracting this debt-it is fixed on us by those who have gone before us; and the same rule of pru-, dence and sound policy that would govern the conduct of a a private individual, holds equally good in the case of the commonwealth, under this state of things. The private individual would tax his industry and his property to the utmost, to pay off a debt, and the interest upon it, that was consuming the avails of his industry and his substance-so, also, it seems to me, should the representatives of a wise and judicious people. Taxation would pay the interest-it would eventually constitute a sinking fund to pay off the principal of the State debt, and should be continued till the income of the public improvements would render longer taxation unnecessary. The crisis demands the exercise of the most far-reaching sagacity-the calmest judgment, and the most fearless patriotism. I am sure the legislature will meet in the right spirit, to disarm it of its perils. Coming, as you do, from all quarters of the State, and possessing a more intimate knowledge of the circumstances and wants of the people, than I can, I most cheerfully surrender this important subject to you, satisfied that prudence and justice will direct your action upon it.

Corporations.

Among other subjects of much importance to the people that will claim your attention, is the creating, renewing and supervising of corporations. These institutions in a great measure, the contrivance of modern times, have become,, within the last half century, multiplied to an extent never dreamed of before. There is scarcely any branch of business or pursuits of life, into which they have not, directly or indirectly entered. Corporations may be divided into two general classes,-those established for public purposes -and those for purposes of a private nature. There is another species of corporations, including banks, &c., that partake of the nature of both these classes, but being mainly established to promote individual interest, they belong essentially to the second. The first class, consisting of those for religious purposes, as churches, for the promotion of the arts and sciences, as colleges, academies, medical universities, &c., &c., &c., for purposes of internal communication, as turnpikes, bridges, railroads, canals, &c., &c., and in short, for all great purposes of public utility, to the attainment of which, individual means and extensions are wholly inadequate, doubtless under proper and judicious regulations subjecting them to the control of the legislature, are to be encouraged and sustained. The other class, embracing those principally established for purposes of a private nature, ought either not to be increased in numbers at all, or only when imperative necessity demands it—and then, under the most inflexible guards and restrictions.

Legislation has, within the last few years, departed widely

Educatión.

The subject of education has necessarily and properly oc cupied much of the time and attention of our legislatures to enable them to carry out the constitutional injunctions on that subject; and we have in operation a system, which although by no means perfect, is certainly equal to that in force in most of our sister states. It still needs those improvements which experience pronounces necessary to cure its defects. The principal inconvenience now experienced in the system is the want of competent teachers: who should be Pennsylvanians in habits, education and principle. This want will probably be continually felt, until the inducement of more adequate compensation shall be offered, and when the higher qualifications required in teachers shall elevate them to that proper rank and estimation in society, which the instructor of youth should always occupy.

We are also in need of a proper system of school books to be used in our schools, and which should be composed by competent persons for the instruction of the youths of Pennsylvania. Such a course as would tend properly to impress our youth with a due regard for our own commonwealth, would endear her to their hearts. Her position, wealth, and intelligence; the admirable and free system of her laws; her unwavering; atriotism and devotion to republican principles; her distinguished philanthrophy and benevolence, entitle her in a pre-eminent degree to the love and veneration of her children, who should be early taught properly to estimate her great characteristics.

Our colleges are in successful operation, and by the aid afforded them, from the treasury of the commonwealth, are accomplishing much good. Our county academies are, from the same source of aid, affording the advantages of the higher branches of elementary education, in almost every county in the state, to such as seek to fit themselves for entering our col leges; and by no means the least important institutions, connected with the education of youth, are the female seminaries

which, of late years, have been springing up over the commonwealth, and are likewise the objects of legislative bounty, The importance of female education, will always be sensibly felt upon the rising generation; and mothers well instructed in the ordinary branches of education, will seldom suffer their children to grow up in ignorance. With intelligent mothers, followed and seconded in their efforts, by competent and wel! instructed teachers, we shall soon see an intelligent and well informed population filling our beloved commonwealth, and giving her, in an intellectual point of view, that rank and station to which she is justly entitled. I shall be glad at all times to co-operate with the legislature, in any proper mea. sures calculated to improve the moral and intellectual condition of our citizens, as we, thereby, rear the most enduring pillars for the support of our political edifice, in all its strength, beauty, and grandeur.

The report of the superintendent of common schools, will inform you of the operation of our common school system in its details, with his views in regard to the improvement of the system, and the best means of accomplishing it.

Judiciary.

act of 20th June, 1839, classifying the associate judges, by which, provision should be made, that all associate judges, commissioned since the adoption of the constitution, on the 9th of Octobor, 1838, should only hold until the time when the commissions of the persons in whose places, respectively, they were appointed, would have expired. Every thing like management in the appointment of judges, to prolong tl.eir terms, contrary to the obvious meaning and intent of the constitution, should be discountenanced, as calculated to undermine and shake public confidence in the integrity of the judiciary.

Since the executive department of the government has been committed to my hands, all vacancies which have occurred in the offices of associate judges, except during the recess of the Senate, have been filled by commissions to expire when those of their predecessors would have expired, under the a.ended constitution. This, I apprehend, is the precise meaning and intent of the constitution, otherwise the classification directed by that instrument, could be broken up and defeated, at the will and pleasure of the executive.

The only office remaining in Pennsylvania, in which the tenure is limited by good behaviour alone, is that of notary The amended constitution was adopted by the people upon public, authorized by the act of assembly, passed 5th March, the 9th day of October, 1838. It provides for a new mode 1791. As all offices of that tenure, provided for in the conof appointing the judges of our courts, and changes their ten-stitution of 1790. have been abolished by the adoption of the ure from that of good behaviour to a term of years, if they amendments to that instrument, a regard to consistency would shall behave themselves well. There is a marked difference seem to require that there should be no statutory office, of an in the language of the schedule to that instrument, when speak- unlimited duration, as to tenure. The number in each couning of the judges of the supreme court, and the other judges ty, except Philadelphia, being limited by the provisions of of the Commonwealth. The former were to be graded as the act, to three, and some of the number being now superto the expiration of their offices, by the date of their commis- annuated, or otherwise incapable of discharging the duties of sions upon the 1st day of January, 1839. Vacancies in other the office; and towns and villages having sprung up, requir judicial stations, occurring after the adoption of the amend- ing frequently the services of a notary public, where appointments, and before the 1st of January, 1839, were not provided ments cannot be made without exceeding the number limited for by that instrument, "as no commissions were provided to the county, legislative action on the subject appears to be for, or continued in force by it, excepting such as were in be- necessary. ing at the adoption of the amendments of the constitution." Consequently all appointments made of such judges, between the 9th of October, 1838, and 1st January, 1839, only endured until the latter day, and were then annulled by the new constitution, going into effect, except where otherwise provided for in that instrument.

It is always a subject of regret to see management made use of to defeat the expressed will of the people, and it is seldom successful. Shortly before the 1st of January, 1839, two of the president judges of judicial districts resigned their offices, and were re-commissioned on the day following their resignations, to hold their offices, "so long as they behave them selves well." I deemed it my duty to direct proceedings to be instituted in the Supreme Court against them. One of them died pending the proceeding, and the other was ousted by the judgment of the court, and his place has been supplied by a new appointinent.

Election Districts.

On the 16th day of June, 1836, an act was passed, entitled, "An act to fix the number of senators and representatives, and form the State into districts, in pursuance of the provisions of the constitution," which provided for the election of thirty-three senators in twenty-three districts, into which that act divided the state. The whole number of taxables in the state, as returned to the secretary of the commonwealth, was 309,421—which, fixing the representatives at one hundred, and the senators at thirty three, would entitle 3,094 taxables to a representative, and 9,376 to a senator. There have been uniformly great complaints of the inequality of representation under this law, both as to the senators and representatives, and in regard to the latter, there was a positive violation of the constitution of the commonwealth. By the 4th section of the 1st article of the constitution of 1790, which remains unaltered, it is provided that the apportionment shall be made among the city of Philadelphia, and the several counties, according to the number of taxable inhabitants in each," and that "each county shall have at least one representative, but no county hereafter erected shall be entitled to a separate re. presentation, until a sufficient number of taxable inhabitants shall be contained within it, to entitle them to a separate representation, agreeably to the ratio which shall then be es tablished." Agreeably to the return made, as aforesaid, the number of taxable inhabitants were, in the county of Bedford, 4,712-in Bradford, 4,721-in Columbia, 4,818-yet to the first named county, having the smallest number of taxables, two members were given, while to each of the last named counties, having a larger number of taxables, but one member is allowed; and the same palpable and unwarrantable violations of the constitution characterize many of the other apportionments made by said act. Nor is this all-the county of Mifflin was in existence, as a county, when the constitution of 1790 was adopted, and was entitled to a representative in the legislature, which, by this act, was not allowed to her; but she and Juniata county, which had formed part of her territory, are coupled in a district with the county of Union. It is therefore respectfully submitted, that a due regard to the provisions of the constitution, and the rights of

In relation to the associate judges, there were numerous instances of resignations between the adoption of the amend-" el constitution and the first of January, 1839, and others were commissioned in their places to hold during good behaviour. According to the decision of the Supreme Court in "The Commonwealth vs. Collins," these commissions expired on the latter day—and there were two instances in which appointments were made on the 14th of January, 1839, by and with the advice and consent of the Senate, to fill vacancies occasioned by resignations made on or after the 1st of January, 1839. The commissions for these two judges were issued to hold their offices for five years, if they so long behaved themselves well. The whole proceeding I have always treated as a discreditable attempt to tamper with, and give a political character to the judiciary, and has no parallel in the history of our country, but in the memorable appointments known as the "midnight judges," made on the 3d of March 1801. The object of the proceeding, undoubtedly, was to prevent the classification of the associate judges, which the constitution contemplated, and, if so, was a fraud upon the people of the commonwealth. I beg leave to call the attention of the legislature to the facts, and if their views shall coincide with mine, I think sound policy, as well as sound morality, requires that a supplement should be passed to the

the people, imperiously require the enactment of a law for a of common pleas, or some two of them, and the sheriff an⚫ new apportionment of the representatives and senators, ac-nually, to select the jurors in open court, and that the drawing cording to the number of taxable inhabitants.

Reporter-Courts.

In Pennsylvania it has been a source of complaint that the decisions of our supreme court are not reported by a regularly appointed reporter. It may be worthy of inquiry whether some provision ought not to be made by law, for regulating the manner of reporting those decisions, by an officer who shall be responsible to the commonwealth, for the manner in which the work shall be performed.

The number of cases taken up on writs of error, and by appeal from the inferior courts to the supreme court, has greatly increased of late years. An inquiry into the causes which have induced this increase, as well as what means had better be adopted to enable the court in the last resort to decide with due care and deliberation, all the cases of sufficient importance to be brought before them, may be productive of much good to the administration of justice.

There are some parts of our system of administering justice, which will perhaps require legislative action, in order to correct evils existing in practice, and daily felt by suitors and others interested in their proceedings.

of the same from time to time, shall be by them also done in open court; or that such other provision be made by law as you in your wisdom shall think best, to restore public confidence to the exercise of this venerated and dearly cherished right, and to preserve the purity of the trial by jury from suspicion.

Collateral Inheritances.

There are many instances in which the laws relative to collateral inheritances have not been observed, and in which the payment of considerable sums of money, rightfully belonging to the state, is evaded. It is, therefore, respectfully suggested that the registers of wills be enjoined by law, to inquire of all executors and administrators on oath at the time of granting letters, whether the estate of their testator or intestate will be, in their opinion, the subject of the laws relative to collateral inheritances, and that the register give notice of all such to the attorney general, or his deputy, whose duty it shall be to make a record thereof, and enforce the collection from time to time, and of the money arising

therefrom.

The Militia.

The present organization of the courts in the city and The militia of the commonwealth are enrolled as required county of Philadelphia, does not seem to answer the purpo- by law, with the exception of some portions of the state, in ses intended. The vast increase of business thrown on which the difficulties exist in procuring officers to perform the courts of civil jurisdiction by the Act of 14th April, that duty. The militia system is a tax to a considerable 1834, giving them almost as unlimited equity powers as the courts of chancery elsewhere possess, as well as the increase lessened if the adjutant general were charged with the duty of amount upon the state treasury, which might be considerably growing out of the augmented population and business of that city and its adjoining districts have overloaded their personally superintending the system in its details, and prodockets with causes, which the judges by their utmost indus-perly compensated therefor. Legislative attention is requestry cannot keep down. So nothing should be done to pre- classification of the militia, should be continued, and ented to this subject. The due enrolment, officering, and vent the delay now experienced by suitors in those courts, and what the corrective should be, is submitted to the legis.

lature.

The court of criminal sessions of the city and county of Philadelphia, also, requires that legislative attention should be called to it. It possesses, now an anomalous character, and only exercises a part of the criminal jurisdic

tion of that city and county. The whole criminal jurisdiction could, perhaps, be better vested in the court of oyer and terminer and general jail delivery, and court of quarter sessions of the peace; and a court of civil jurisdiction created for the purpose, could exercise all the powers now exercised by the court of common pleas, and perhaps dispose of part of the business which now accumulates in the district court. Such a course, by a better distribution of the duties of the court, would add nothing to the present expense, and would probably correct the evils and unnecessary expenses, now incurred by a defective organization and arrangement.

Jurors.

Couragement held out to volunteers, and the days of militia trainings might be advantageously reduced to one in the year.

Our General Relations.

Nothing has occurred since the meeting of the last legi

lature, to disturb or affect the relations of Pennsylvania as a States has continued to be administered by the wise and member of the Union. The government of the United distinguished statesman at its head, with his accustomed which he occupies, he has fully justified the best hopes of ability and fidelity. In the high and responsible position our citizens, by whose free suffrages he has been elevated to the station which he so well fills.

Senator United States.

this commonwealth," approved 2d July last, no provision By an act entitled "an act relating to the elections of appears to have been made for the election of a senator to represent this state, in the senate of the United States, at any other time than on the second Tuesday in January, next preceding the expiration of the constitutional term of a senator, unless informed by the governor that a vacancy exists. By reason of which I have supposed it proper to inform you that a vacancy does exist, in the representation of this state, in the senate of the United States.

Loan by Girard Bank.

There is, however, another subject to which I beg leave especially to call your attention. In certain counties in Pennsylvania, attempts have been made to tamper with the jury box, and give a political aspect to the selection of persons for jurors. This is an evil which should not for a moment be tolerated. The trial by jury is one of the invaluable rights of freemen, and the attempt to give a party character to the selection of jurors, unless promptly checked, will ultimately destroy all confidence in the tribunal. Let By the terms of the loan negotiated with Girard Bank provision be made by law to preclude the possibility of en- on the 20th March last, for $1,280,000 the sum of $380,000 croachment on this most wise and venerable of all human and for repairing the breach on the Juniata division of the canal social institutions, and protect this long boasted bulwark of was to remain in the bank until drawn for, after the vouchers liberty from the prostitution to the basest purposes. One of the disbursing officers should have been examined and of the causes specially assigned for our "Declaration of In-approved by a joint committee of three members from each dependence," was the "depriving us of the right of trial by branch of the legislature, agreeably to the provisions of the jury." Vain indeed have been the efforts of the sages of act authorizing the loan, The joint committee having been the Revolution to restore the invaluable right, if we silently appointed at the time, there was every reason to believe the look on and permit it thus to be wrested from us. Every accounts would soon be adjusted, and the money applied. State in the Union has emphatically engrafted on her consti-I therefore did not hesitate to embrace the offer to take the tution "that the trial by jury shall be preserved forever inviolate." No one is safe in his life, his liberty, or his property in this state of things. I therefore respectfully recommend, that it be made the duty of the judges of the courts

loan with that condition annexed, inasmuch as the commonwealth was then much straitened in her fiscal affairs, for want of the residue of the money, and no other offer being made. But, by the subsequent action of the legislature in

a joint resolution passed at the close of the adjourned session, and approved on the 2d of July last, so much of the act o the 9th January, authorizing this loan, as requires those accounts to be settled by the joint committee, was repealed: and authority was given to the auditor general to settle and adjust the same, and requiring him to draw his warrant in favor of the Bank of the United States, and the Harrisburg Bank" for such amounts as he shall find to have been fairly expended in repairing said breach." Such have been the difficulties, however, encountered by that officer in attempting the settlement of those accounts that he does not feel himself warranted, by the terms of said resolution, in drawing in favor of those banks, for any part of the money; the facts and circumstances in relation to which will be laid fully before you by that officer. I respectfully ask the early attention of the legislature to this subject, that the necessary provision be made by law to arrest the further accumulation of interest on the money, that may eventually be found payable to said banks.

Lands of Nicholson and Baynton.

In pursuance of the provisions of the act of July 2d, 1839, relating to the claims of the Commonwealth against the estate of John Nicholson and Peter Baynton, a commissioner was appointed to perform the duties therein required. From the nature and extent of the investigation, and the limited time allowed to make report, it was impossible for the commissioner to examine into and ascertain the various complicated and important matters enjoined on him, within the period allotted. By reference to his report, which will be laid before you, it will be seen that the outstanding claims of creditors (other than the state) against the estate of John Nicholson, amount to upwards of thirteen millions of dollars, including interest till the first of April, 1839; that the balance due the commonwealth on the same day was $278,179 57, and that the estate of Peter Baynton on that day owed the commonwealth $58,913 95.

By the 8th section of the act above mentioned, all former laws in relation to the sale of the lands of Nicholson and Baynton are suspended; hence it may be worthy of consideration whether some additional legislation should not be had, to relieve all parties concerned from their present embarrassment. The great length of time which has elapsed since those debts were contracted: the fact that many of the lands have been held for a number of years by actual settlers, and a large portion of the residue sold for taxes; the immense sum of out-standing debts against John Nicholson, as well as the claims of his heirs, all urge the necessity of a speedy settlement, as the titles to immense bodies of land, in various parts of the state, depend upon the adjustment of the conflicting claims of creditors, heirs and landholders.

I would, therefore, respectfully, recommend the passage of a law authorizing the commissioner, under such restrictions as may be deemed advisable, to compromise, adjust and settle the claim of the commonwealth with actual settlers and others claiming title to the lands, on which the state has a lien in such a manner as not to prejudice or affect the rights of others.

It is highly important to the commonwealth that the doubt and uncertainty in which the title to those lands is at present involved, should be removed without further delay. I have accordingly deemed proper to call your attention to the subject, in anticipation of the commissioner's final report.

Geological Survey.

the assistants, authorized by the acts stated, has been engaged in the mineralogical and geological survey of the state, and considerable progress has been made in the work, which it is hoped may be completed within the time contemplated by law. The reports already made by that officer, with that which he will present at the present session, will exhibit the amount of the work done, and, to some extent develop the mineral resources of this commonwealth, which have become sources of immense wealth and trade.

Coal and Iron.

The coal and iron of Pennsylvania are more valuable as sources of wealth and employment, than mines of the precious metals are in countries where they are found. They furnish investments for large amounts of capital-give constant employment to numerous operatives; and under ordinary circumstances with prudent management, yield a certain and regular profit to all engaged in the business.-They pay a large proportion of the tolls upon our public improvements, and constitute the most important share of freight for those engaged in transportation upon our canals and railroads, as well as for numerous vessels engaged in the coasting trade. The value of coal and iron must necessarily be much enhanced by the recent successful application of anthracite coal as fuel for smelting iron ore, which will in all probability introduce a new era in the iron business in our commonwealth. Should the experiment become generally successful, of which little doubt is entertained, it will save us the necessity of importing large amounts of iron for railroads, as well as other purposes, which Pennsylvania in that event would be able to furnish in abundance, not only for her own use, and that of her citizens, but for a large portion of her sister states. Possessing as Pennsylvania does the great bulk of the iron ore, and anthracite coal formation of this country, in alternate strata in the same territory, and situated in a quarter of the Union peculiarly accessible by means of her geographical position and canals and railroads, she must enjoy almost exclusively, the great reve nue that will arise from this source. A large portion of our public debt abroad, was contracted in the purchase of railroad iron, which would have been obtained in this country, if it had been possible to procure it here. It is confidently believed that the coal and iron fields of this commonwealth, will hereafter furnish a cheap and adequate supply, and if so, there is every reason to think, that the numerous railroads, in nearly all the states of the Union, that have been either suspended or contemplated, will in a few years go into operation. The business on our public improvements as well as the permanent mass of the wealth of the people of this state, must then be immeasurably increased.

Time occupied with Private Matters.

Much of the time and attention of the legislature is annually occupied in the consideration of private matters, and the interests of the commonwealth are sometimes sacri ficed to the importunities of individuals. This has been peculiarly so in cases where the canal commissioners, as well as the board of appraisers have passed upon the claims of individuals for alleged damages, by reason of the construction of public works, as well as where the canal commissioners and engineers have estimated the amount of work done by contractors. Upon these, as well as upon all other subjects, steadiness of legislation is very desirable, and general rules and general systems should not be made to yield, unless under very peculiar circumstances indeed to the exparte statements or representations of interested individuals. There is necessarily much evil, and great want of security in much special legislation. The increased population and business of the commonwealth, and the late period in the winter at which the legislature assembles, will, it is hoped, lead to the adoption of such general rules on the subject, as will save the legislature from being continually occupied with minor matters.

By the act of the 29th March, 1836, a geological survey of the state was authorized, and the sum of $6,400, was thereby annually appropriated for that object for five years. A supplement to this act was passed on the 21st March, 1837, authorizing an increase in the corps, and appropriating the further sum of $3,600 per annum, to the appropriation made by the act of 1836-and by an additional act passed 15th April, 1838, the further sum of $6,000 per annum was added to the appropriations for this object, "in order to complete Increase of the Expenditures of the Government. the geological and mineralogical survey of the state more ra- The expenditures of the administration of the government pidly." In pursuance of these acts, the state geologist, with of the state have been much increased of late years, and in

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