Newspaper Page Text
"JAMES n. MORRIS. . - - i A" J :. .- , ' '122222' ''--V - - '
. TERMS, fc Tux Spibit or Democracy lpublitbd every Saturday t the fallowing rate ,v,r . f 1 M par annum, If paid ii aovahce. . . 82 00 ut it paid within tbe year.- $3 00 - if paymant b delayed uutil after the expiration of the year. ftt No paper will be discontinued, except at the option of the editor, until all arrears are paid. Q9-All communication! aent by mail rouat be poet-paid. . . . -. . . , Advertisements inserted at SO centa per square, (fourteen line or lesi ,) for the first insertion, and 25 centa for each auhsequent insertion. One col umn one month $7 00. Three months $10. Six months $15. Twelve months $25. Gov emo r' Me a sag e. it-.! i ' Ftllvuxitizeni oftht Senate and w.,,,v- of the House of Representatives: In communcating with you, in conformity with the requirements of the Constitution, on your as sembling to discharge the responsible duties confi ded to you by the people of Ohio, I take pleasure in congratulating you on the happy condition of our country. A general view of the affair of the people cannot fail deeply to impress the mind with sentiments of gratitude to the Omnipotent Dispen ser of all rood, lor the signal blessings of bis Prov dence, which hive, with little variation, been con tinued to us during the vicissitudes of the past year. Although agricultural pursuits have, in some sections of the State, partially suffered from the fleets of late frosts and drouth during the put sea eon, yet the labors of the husbandman have been crowned with a competency, it not with an abun dance. Health, tranquility, and prosperity have continued to reign within our borders. The march ol improvement in the State has continued to pro gress with its usual facility, and individual happi ness; has continued to reward the private virtue and nterprizeof our citizens. The laws have been executed during the last year with fidelity, and each department ol the State Jovernment has duly performed its appropriate unctions. ' In accordance with the laws, a lull and detailed account of the finances of the State, and the condition of the several departments, will be laid before you. The elate of the finances for the year ending November 16, 1845, is as follows, to wit: Tho amount in the Treasury on the 15th Nov., 1844, was $132,822 17 Tho amount of revenue received from other sources than taxes and tolls on State improvements, is, 164,632 97 Balance of School Fund -remaining in the Treas- -ury on the 15th Nov., 1844, 35,733 10 Amount Common School Fund received from tax es.ttc. 92,911 63 Amount of School Fund arising from interest on surplus revenue, loaned to counties, 98,322 90 Amount arising from salt epring lands, etc., o,BU7 vo Total amount of school fund , 231,775 68 726,343 49 466,698 51 22.263 41 4.901 77 Canal tax collected during the year, Canal tolls received during the yeai. Turnpike dividends received. Dividends an canal stock , Amount transferred Irom general rev enue, being tax for canal purposes, 10,131 97 The am't applicable to the payment af repairs on the Public Works, and interest on the funded debt, 1 ,230,239 15 Amount ot interest ou Foreign and Domestic Debt, 1,172,444 69 Disbursements during the year, 201,471 97 Ain't of tolls receiv'd on the Western Reserve and Maumee lload, o.uu v This lut sum will be expended in the extension of the road. n.. .mount mmaininsr in the Treas ury, 16th November, 1845, 86,142 62 The tolls received on the National Road during the year, 31,439 38 Amount paid for repairs and other expenses, 25,892 03 Balance in favor of Na- tional Road, . - 6,547 85 The aggregate amount of the valua tion of taxable property on the grand levy for the year 1845, is $144,160,469 00 The rate ot taxation lor state pur poses is one mill on the dollar; for canal purposes, 5 1-2 mills; common school purposes, 1 1-2 mills, and for county, township, and other local 1 purposes.averaging 8 mills; making an aggregate of 15 mills on the dollar. Tho aggregate amount of taxaliin le vied for 1845, is, 2,411,588 48 1 The amount of delinquency, . 111,690 14 3 Use public improvements which belong to the State are now comple ted, except the branches of the Wal honding Canal. The aggregate cost . of all the improve, ments owned by the State is, $15,577,233 18 The investments ot State stocks iocs- ' rial and turnpike companies. 2,431,430 88 The amount invest ' ed by loans ofcted ' it in railroad com panies, v 747,132 00 . . . Total amount of in vestments in pub lic improvements, $18,755,706 00 fa the year 1844 the product of this investment amounted to, 644,949 84 .Owing to a partial failure in the wheat era? in erne sections of the state the past summer ,the rev. nue arising from me canaisnas oeeo reaucea tnis year abaut $80,000 below the annual amount re ceived last year. The debt of the State both foreign and domestic, does not at this time vary much from twenty mil lions of dollars. This is a subject of deep solici tude to the people of the State, and tends greatly to aurment the buithens of taxation. - The debt has been contracted chiefly in the construction of our public improvements, ana at a time wnen tne State was comparatively new, and destitute of the means and ample resources which it now possesses. Ol. the extent to which these improvements have contributed towards the prosperity end advance ment of the State, and the developement of the re- sources of the country, it would be difficut to form any adequate conception. In the payment of the interest, and the ultimate liquidation of the pnnci- pal of this debt, the faith and honor of the State have hitherto, and will continue to be, sacredly preserved, and kept Inviolate. I cannot pass from this subject without expres sing to you my convictions that sound policy for bids any increase of. the liabilities of the State, and ojoin upon ut the duty of vigilantly turning our attention towards the liquidation of the existing public debt. - The original creation of this debt was only Justi- ta oy the peculiar situation ot the State, and the operative necessity at the time, for the aid of cor- rnment in the construction of publio improve media. A part ot this debt will fall due in I860, a pan in isoo. pan in ioou, ana part ia 1870. With the ample and growing means and resources pi the state, tne payment of the liabilities can, and doubtless will, be punctually met without difficul ty.!- me interest on Uiis debt, which tails due semi annually, was punctually paid during the put sea eon, and arrangements have already been made to pay the liabilities falling due in January and July eXt. :.'...:-. V v.: ... u:.(..-'i';: . The important and long discussed question of Banks ana too currency was settled, and it is to be hoped permanently settled , by the action of the last legislature; and upon such principle as, I trust, will secure to the people of Ohio, in future, a noi (arm and stable currency. This new Banking Law war deliberately enacted, after ample consideration, 'PRINCIPLES AND Vol. II. and a faithful examination of other systems which bad been tested. Thus far the system hu proved to be equal to the anticipations of its friends, and the necessities of the people of the State. ' ' Banks in our country are founded on the credit system. A system of credit is an asiential auxil iary to the prosperity of a free, enterprising, and enlightened people. In those conntries where des potism prevails to the greatest extent, and where the laboring classes of the people are the most op pressed. Banks of issue are not known. Hence it is, in these countries, that the man who is indigent in early life,whatever may be his native ability and energy of character, ends a tediqus existence as he commenced it. , Already are twenty-one banks doing business under the provisions of the new law, and two mare have complied with the requisition of the law, and will, in a few days, go into operation. And alrea dy do the people of Ohio begin to feel the influ ence of this system ,in the resloratien of confidence, the revival of businers, the increase ot the wages of labor, and the rising prosperity of the State. A Bank system which secures to the people a good paper medium of exchange, convertible at all times into rold and silver on demand, is evidence of an advanced state of civilization, of the prosperity of commerce, and of the progressive improvement or the country. Agriculture, being the most important branch of industry in this State, and furnishing more exten sive employment to our citizens than any other pursuit, cannot receive too much attention and en couragement from the government. Ohio is pe culiarly adapted by nature to this first and most im portant occupation of nun. With a territory of more than forty thousand square miles, the chief part of which is not only fitted for the purposes ot cu tivalion, but composed of a soil remarkable for itsl fertility, as well u its peculiar adaptation to the most essential, useful and valuable agricultural products.this State is capable of occupying a prom inent position among the countries of tbe world, in the products of the soil. The elements of commer cial and manufacturing industry in this State must continue to be chiefly dependent on the staple pro ducts of the soil. This great branch of industry must, therefore, constitute the principal loundation of our prosperity. It is, therefore, a consideration of no ordinary import, that the attention of the people of this State should be directed with pecu liar interest to the various improvements, and use ful discoveries, in the art of agriculture, and that the fostering band of the government should not be withheld from this most extensive pursuit oi our people. By neglect and unskilful tillage, nearly one half of the products of this great source of wealth and prosperity may be lost Already it is apparent, in some parts of the State, that a deterioration of the soil hu taken place, and great want of skill exists in the production of crops. The agriculturalists in our State have not adopted those improvements and useful discoveries which have been made in the cultivation of the soil. The lights ot science and practical instructions have, with eminent success, been applied in some countries to the art of agri culture, by which this branch of industry hu been greatly elevated, the minds of those engaged in it much enlightened, and their labor rendered doubly proaucuve. It must be admitted by every enlightened mind, that scientific knowledge isu important in the im provement ot agriculture as it is in the manulac turing or the mechanic arts. We learn, from reii. able sources, that agricultural schools have been established in seme parts of Europe, with highly beneficial results, and that improved methods have been adopted, by which an average crop of wheat hubeen increased from tzto 14 bushels per acre to 26 to 30, and in some choice soils, u great u for- ty-hve and 60 bushels per acre have been raised, 1 commend tins subject to your especial attnn tionahd regard, and submit to your consideration whether important and most beneficial results might not be derived from the establishment and efficient management of an agricultural department under tne government a proposition lor a simi lar department under the geutral government wu once zealously urged by President Washington upon the attention of Congress. Under the exist- ing state of affairs, it is probable that an institution of this character could be more immediately useful by being unaer tne conirui oi tne state Govern ment. Although manufactures and commerce in this State must depend on the prosperity of agncultu rat pursuits, yet the agricultural cannot be inde. pendent of tbe manufacturing end commercial in terests. In the great branches of industry, thsre is a mutuality of dependence and reciprocity of nenenui. aiio mgrituiiuiiricannoi prosper without a market for his surplus products. Foreign markets must always oe more or less variant and uncertain. The most certain and reliable market for our agri cultural products, is that which is furnished by consumers at home; and this can only be secured by a system ot protective policy on the part of the general government. Under a wise and enlight ened course ot policy on the part of the general government, with the immense resources which our State aflords, and the active and untiring spirit oi enterprise wnicn our people possess, scarcely any mine touiu occur oi sumcieni power to b lent the prosperity of our State, or stay the march ol ira- provemenr. The subject of education has been so often brought to the consideration of the legislature.tbat 1 need scarcely ao mere man can your attention to former Executive communications. The im portance of a liberal and thorough system of educa tion, cannot be too highly esti rated. , The future character of our people, and the future destiny of ouriree insiiiuuons, are iu no small degree depen. dent upon it. it is pernaps a matter of no little surprise, that hitherto, subjects of mere temnorarv. and comparatively inconsiderable interest, have occupied the attention of the legislature, to the great neglect of a subject of such immense impor tance u this, not only to the great body of the peo ple at tne present period, out aiso to future gener ations. It is true, that much hu already been ef fected, by our present system of common schools. But even a superficial observer must admit that it is deficient, and for want of energy and efficiency, hu utterly failed to meet the expectations of its friends. The example of other States hu taught us, that it ia within the power of the legislature to adopt measures which will bring the system of common scnoois ro a nign aegree ot perfection. I respectfully recommend to your consideration the expediency ol establishing a State Board Edu cation, and the appointment of a competent and suitable person u a state superintendent of Com mon Schools; and, also, tne adoption of meuures that will give more energy and efficiency to the county and school district supervision, and man agement of the system. Among the liberal and enlighted persons in Ohio, who entertain enlarged views, and are eminent for their benevolence and their regard for the cause of education, can be euily found persons who will faithfully discharge all the duties which can appropriately be enjoined upon a State Board, without any charge for their services. In a matter: however, of such magni tude ahd endurina? nublic interest, u that uf im nra. ving the means ol common school education, nei ther pecuniary considerations, nor party feelings, nor local or sectional views, hmiidt mnniiti to interfere. While thousands and millions ii annually expended to minister tq the taste, yanlty, and pride of mankind, the appropriation of the comparatively small sum requisite for improving and perfecting the means of cultivating the inf.l. ltct, and. training the virtues of the vouth of the MEASURES, JlJVD MEN WHO WILL CARRY THOSE PRINCIPLES AND MEASURES INTO EFFECT.". WOODSFIELD, SATU11DAY, DECKMBKR 20,1845. State, can certainly be no obstacle in the way. By the means suggested, I humbly conceive that great public interest can be awakened among the people of the State on the subject of education, the neces sary discipline adopted and put into practice, infur mation on the subject of the best and most impro ved methods of instruction procured and furnished to every school district, the competency of instruc tors greatly improved, and the system brought to l L j . r r a uign uegreeoi peritenon. The Miami University at Oxford, and the Ohio University, at Athens, are institutions which have been in a manner placed under the guardianship of the state, anil richly endowed by extensive dona tions of land from the general government. The former is in a prosperous condition, and is accom plishing (lie useful purposes of its institution. But the Ohio University, on account ol pecuniary em barrassments, and other causes, not perhaps very well understood, lias partially suspended operations. The difficulties In the management of this institu tion, are of some standing, and for some years it hu been failing to accomplish the high objects of us creation, ii is not improoaoie uui me mincui- ties which have blighted its prosperity, have had their origin in the fact, that the interests of the les sees of the college lands, in the midst ot which the University is located.have conflicted with the pros perity of the institution. I earnestly commend the condition or this institution to your consideration, in order that you may inquire into the causes of its failure, and devise a remedy for the evil. The Medical College, at Cincinnati, under the control of the Legislature, is in a prosperous con dition, and managed with eminent skill and ability. It is said that an enlargement of the college edfice is greatly needed. A relinquishment of the state in the institution to the Trustees ot the College, and the successors, would, as 1 am inlormed, ena ble them to make the necessary additions to the buildings. As it is inexpedient to increase the debt of the stale, and u a pecuniary connection of the state with any company or local institution, is founded on an erroneous principle, and proves prejudicial to the interests of the state, I submit to your consideration the propriety of making the re linquishment mentioned. In a government like ours, which originates from and is controlled by the popular will, all must ac knowledge the necessity of guarding the free and unbiassed exercise of the elective franchise and the purity of the ballot-boa. In the heat of party ex citement, and the severe conflicts of popular sen timent which occur at our general elections, it is not surprising that practices should occasionally be resorted to, calculated to defeat a proper and free expression of the popular voice through the medi um of the ballot-box. So far u laws can correct this evil, it is the duty of the Legislature to pro vide effectual remedies. Much' has doubtless been accomplished by the election law of 1841, to preserve the purity of elections; but there still re main avenues unclosed, through which, at a time ot high popular excitement, illegal votes are con veyed into the ballot-box. The registry law pas sed at the last session, which operates only in some of our cities and large towns, bu been salutary in its operations. I respectfully submit to your con sideration the expediency of extending the provi sions of this law, in some form, to all the election districts in the state. There is nothing connected with the political institutions of the country which should be guarded with more sanctity than the proper exercise of the elective franchise. Legis lation on this subject should never be governed by party feelings, nor directed by party views. Should one party adapt measures, when in power, to change the local and fixed institutions of the people for party advantages, it may be made a pre cedent for the excesses of another party when in power, perhaps less scrupulous and conscientious. It is an undeniable fact that the practice of bet ting on elections has become an evil of no incon siderable magnitude. This practice is demoraliz ing iu its tendency, and corrupting in its influence. It brings the consideration of property directly to bear in its influence on the elective franchise. It is true that one ot the great purposes of govern ment is to protect the rights of property, but prop erty under our institutions is not made an element of political power The practice of betting upon elections not only brings the influence of property to operate upon the consideration of the voter, but can be so practised as to have the effect of bribery, and to be in fact indirect bribery in itself. Noth ing can be more degrading to the enlightened and free institutions of our country, than this venal practice of corrupting the elective franchise and poisoning the fountain head of political power. Tbe penal enactments already made on this subject have been wholly unavailing, and utterly disre garded. The Grand Juries of the State, have be come derelict in their duty, in regard to this offence. The degrading practice hu been carried on with impunity, openly and upon a board scale. The moral feelings of the community have been yielding to the inroads of this bus practice, and public sen timent in this respect is travelling the downward road to corruption. I earnestly solicit your atten tion to this growing evil in the country. If mild penal enactment be ineffectual in correcting the evil, I respectfully solicit your consideration. whether betting, as well at every other species of uriuery ( oiviiuuin, anuum uoi ue iiiaue a crime. : I -l 1 1 . i , end tne perpetrator of the act, sm conrtolion. disfranchised. If it be proper to punish a man by imprisonment in tbe penitentiary, who knowingly and unlawfully puts an illegal vote into the ballot box, (which is the case in this State,) there cer tainly cau be no injustice in the infliction of a simi lar punishment upon an Individual who procures votes through the corrupting loauence ot betting, or any species of bribery. A difficulty has arisen between this State and the State of Virginia, which I deem proper to bring to your attention, la the menthol July last, three citizens of Ohio, alleged to have been engaged in aiding the escape of some fugitive slaves, were captured in the county of Wuhington, in this State, without the authority of law by a company of armed men from the State of Virginia, and forci bly abducted from Ohio and incarcerated in the jail of Wood county, Virginia, to answer to a crim inal cnarge. inia open resqri to violence ana in vasion ot the right ol citizens of our State, wu calculated to produce much excitement, and en danger the peace and harmony of the two States. Pains were taken to allay the excitement, and pre vent the any further disturbance of the peace, on the ground that the transaction, although an out rage upon the rights of citizens, and upon tbe civil authority of this State, ru the act ol lawless in dividuals, without tbe sanction of the State of Vir ginia, and that ample redress could be obtained by a peaceful resort to judicial proceedings.. Accord ingly tbe cue wu presented to the Grand Jury of Wuhington county, at the September term of the Court, and Ipdjctments regularly returned against the offenders. A special agent wu despatched to Richmond, with a requisition made In due form, on the Governor of Virginia, for their surrender as fugitives: from the justice of Ohio: and I regret to say that, after some week delay, the Governor of Virginia deemed it proper on his part to refuse the order for tbe arrest and surrender of the aggro. sors.. The proceedings under the requisition can be more fully seen by a reference to a correspon dence on file in the Executive Office. Any thing calculated to endanger the harmony and friendly intercouse of adjacent and confederat ed state of our national Union, is deeply to be la mented; and this occurrence assumed special im portance, from the fact that the relations out of which it arose, are likely to occasion similar out rages in futuje. Where fr nf Uye states ajej contiguous. It Is natural for the slave-holder In sus pect the inhabitants of the free states, of aiding in the transit of the fugitive. If, however, citizens of the free states should actually violate the rights of any of the citizens of the sister states, the laws of the country give ample redress, without resort ing to violence. In the present case, a question of jurisdiction has been raited. The citizens of Ohio who have been captured, were on the bank, on the north-west side of the Ohio river, and the authorities of Virginia have set up a claim of jurisdiction over the soil where the capture occurred. It was supposed that the decision of the Supreme Court of the Um. ted States, made in 1820, had definitely and final ly settled this question of boundary. Ordinarily, where a river is the boundary between states, each holds to the middle of the stream; but Virgin ia, having been the original proprietor, ceded the territory north-west of the Ohio river only, and therefore claims jurisdiction over the liver. It be comes important that some fixed and certain line be known as the boundary ; and this the decision of the supreme judicial tribunal of the country has distinctly defined, under the construction of the original cession of 1763, to be at low water mark on this side of the river. It never could have been designed that a narrow strip of land on the beach of the river, should be long to the state on the opposite shore. The prin ciple, that a country bounded by the shore of a river extends to low water mark, is so natural and convenient, as to have secured general adoption. The claim of jurisdiction fur Virginia, however, here set up, extends, as it seems, not only over the river, but also on the bank on this sids. - The decision of the Court referred to, goes fur ther, and recognizes the right acquired by the com pact with Virginia, under which Kentucky be came a state, which stipulates that the navigation of, and jurisdiction over, the river, should be con current between the new states and the state which possessed the opposite shore of said river. -This compact having been ratified, became bind ing upon Virginia, as well as the other state bor derrng upon the river. It would teem, therefore, that no doubt can exist that the captured citizens were kidnapped and vio lently abducted from the jurisdiction of Ohio, and that a due regaid for the honor of the state, u well u justice to the injured citizens, demands repara tion for the wrong. Should the Executive of Virginia persist in his refusal to surrender the aggressors, the state wilt assume the responsibility of the outrage perpetrat ed by those lawless persons upon the rights and jurisdiction of Ohio, and if this outrage be submit ted to on the part of Ohio, it may be made a pre cedent for future insult and wrong. In the mean time, I respectfully submit to your consideration the propriety of adopting effective measures to prevent a similar invasion ot the rights of the citi zens of Ohio. I deem it my duty again to call your attention to the laws which unjustly oppress and degrade our colored population. It seems to me that their re peal is demanded alike by the spirit of our religion and the philosophy of the age. The Peniteutiary of the state hu during the year been conducted with skill, prudence and economy. The system of prison discipline which has been vigilantly adhered to, hu been well calculated to uvoiiipiisii in iruv uujctis oi biimiuoj puuisiunciii. Special regard has been paid to the complaint of a portion of our citizens, who have, perhaps with good cause, alledged that the system of prison la bor created an unjust competition with their busi. ness, and tended to degrade their pursuits. So far as practicable without a violation of old contracts foi prison labor, the employment of the convicts hu very properly, as well u profitably, been di rected to those objects which do not conflict with the i nterests of any of theexisting mechanical pur suits of the state. Since my last communication to the Legislature, I have seen no reason to justify a change of my views, then expressed on the subject of prison labor. The finances of the institution for the current year show the following result!: Accruing revenue, $4Z,ouu ou Disbursements during the year, 24,525 00 Leaving a ballance in favor oftheinst'n of 13,025 00 The number of convicts on the first of November, eighteen hundred and forty-four, was four hundred and sixty-four. The number of convicts received during the past year wu one hundred and thirty six. The number of convicts in prison on the first of November, eighteen hundred and forty-five, wu four hundred and seventy-one. Four con victs escaped during the year. Thirteen died by disease, and two by accident. Some have been discharged by writs of error from the Supreme Court; some have been pardoned, and the terms of service of a considerable number have expired during the year. The benevolent institutions of the state located at Columbus, consisting ot the Lunatic Asylum, the Asylum for the education of the Deaf and Dumb, and the Asylum fur the education of the Blind, are all in a highly flourishing condition, and each of them hu been conducted during the past year, with eminent skill and efficiency. These institutions are highly creditable to the people of Ohio, and constitute living and enduring eviden ce of the enlightened and humane spirit of the age. The number of patients in the Lunatic Asylum on the I5th ol November last, wu 223, of which 125 were males, and 99 females. After the new addition td tbe edifice of this institution, which is in progress of construction, shall be completed, it will be sufficient to accommodate the number of about 350 of this afflicted portion of our fellow creatures. The number of pupils in the Asylum for the education ot the Deaf and Dumb is about one hundred. When the addition to the buildings of this institution, which i in progress, shall be completed, the number of about fifty more can probably be accommodated. In the Asylum for he education ot the Blind, there are seventy pu pil, and Uis institution is in a condition to receive a larger number. In May tut, the authorities of the United States at Wuhington, removed the office of Surveyor General, from Cincinnati, in this state, to Detroit in Michigan. In this office were all the original records, maps, and field notes, pertaining to the original surveys of the lands of Ohio. On receiv ing information of the removal of this office, I mad application to the omcers ot the ueneral Government, tor a transfer to this state, of the rec ords, maps, documents, Jte. . in tbe Surveyor Gen eral's office, so far a tbey related to the original surveys and title to land in Ohio. In accordance with my request, the transfer wu made in August last, and the records, map, field note, &c, were committed to tbe charge of Samuel William, rJsej., of Cincinnati , who now noias toe same, uc- ject to the order of the General Assembly. it win do necessary 10 create a siaie ouice oi Surveyor General or otherwise provide for the performance of the duties, and the preservation of tbe'records and capers, so that copies of the field notes, records, and other documents relative to our land title, can be furnished and authenticated as competent evidence, under the certificate of a state officer, The document, records, XC-, received from the United State, are so voluminous, and the duties to be performed, of such a character, that they cannot properly be annexed to any ot the existing officers of the state. I authorized Mr. William to I procure an accurate set or surveyor Instruments, sereeinr with those which have been used, as a standard in the original office; a part ol which he I No. 41. has obtained. - As this is a matter of much Import ance, in preserving evidence of the title to real estate in Ohio. 1 trust it will receive due attention at your hands. The necessity for the construction of new Pub. lie Buildings for the transaction of the business ol the state, and the safe keeping of tbe Public Rec ords, must be apparent to every observer The interests ol the state, and public opinion, alike de mand that the work ot the new State House should be no longer suspended. The subject is worthy of your immediate attention, and, I trust, will not be overlooked. In the discharge of the various and responsible duties of the present session, I indulge the fullest confidence that your deliberations will be marked by wisdom, and guided by a patriotic regard for the rights and interests of the people of the state. Nothing can tend more to elevate our government and secure the attachment and confidence of the people than an inflexible adherenre to the dictates of justice, and due regard to stability and harmony of action in our public councils. In conclusion, permit me to invoke the Supreme Ruler of the Universe to direct your deliberations in the spirit of concili ation and disinterestedness, and to signal ize them in the advancement of the prosperity and welfare of the people. M. BARTLEY. : Columbus, December 2, 1845. Special Message FROM THC GOVERNOR, TO THE HOUSE OF REPRESENTATIVES. ExtuUTivi Office, Columbus, Dec. 4, 1845. To the Houit of Reprttentativei) of the State of Ohio! Gcntlcme: In compliance with your resolu tion of this intt., I herewith transmit to you a copy of the correspondence between the Executive of Virginia and myself, in relation to the abduction, by citizens of Virginia, of three citizens of Ohio, who hive been imprisoned during the period of nearly five months, in the county of Wood, and State of Virginia. The trial of our three citizens, who are impris- oned, is now pending in the High Criminal Court at Richmond, the decision of which we shall learn in tbe course of a few days. Respectfully, &c, M. BARTLEY, Goo. hartley to Got. McDowell. Executive Office, Ohio, Columbus, Oct. 11, 1845. Sir: Permit me to call your attention to a re quisition, presented to your Excellency some two weens since, lor the arrest and delivery to the au thorities of Ohio, of Francis Lewis, Wyatt Lewis, James Coe.Nimrod Coe, and Calvin Rockinbaugh, who were indicted in the county of Washington. and State of Ohio, for the crime of kidnapping three white citizens, within the jurisdiction of this State, and lorcmg them into the State of Virginia. This act hu produced a deep and intense feeling among the people of Ohio. We are extremely anxious to preserve peace and harmony betweeu the States, and we confidently believe that peace and harmony cannot be preserved, unless the au thorities of each State will promptly execute the international laws; and thus check any act of vio. lence which the citizens of one State may perpe irate on those of the other. After a patient hearing of all the testimony addu. ced, the Grand Jury of Washington county found these five men above named, guilty of the crime charged. . They have fled fiom this State, and are said to be at large within tbe State of Virginia. JNoiv all we uk of your Excellency is, that national right which the Constitution of the United States, and acts of Congress, guarantee to each State and Ter ritory within the Confederacy; and u it is by this international law, that the union ol the States has been, and must still be, preserved, we cannot be lieve your Excellency will refuse Ohio the right to punish the perpetrators of crime, committed with in her jurisdiction. Should these five men be ar rested, and delivered to the authorities of Ohio, their rights will be properly regarded. They will have a speedy, fair, and public trial by an impartial jury; and we trust that the citizens of Ohio, who ! 1 t.T I ... :,, are now imprisoned in w oou county, v irguna, win enjoy the same rights. This course will preclude a recurrence of difficulty between the citizens on each side of the river, and preserve peace and har mony between the States. Will your Excellency, at your earliest conve nience, apprize me of the Executive action on the papers referred to. And be assured I am, Sir, with great respect, lour Excellency's Ubedient Servant, M. BARTLEY. His Excellency, James McDowell, uoveinor ot Virginia. Gov. McDowell to Gov. Hartley. Executive1 Department, Richmond, Virginia, Oct. 21, 1845. Si a : I received on yesterday your letter of the 13th inst., in relation to tbe requsition which you have recently made on tbe Executive authority of thi state tor the arrest and surrender of certain persons who are therein demanded as fugitives from the justice of yours, and I answer it the more promptly as I wu in the very act, when receiving it, of advising your Excellency of the present de. cision of this Department upon the requision itself. Cuual circumstances, together with some delay in ucertaioing material facts not in possession of this Department until lately, have preveuted me from forming and from making thi known at u early a day as I could have wished. I have now, however, to inform your Excellency that all of tbe person named in your requisition; to wit: Franci Lewis, Wyatt Lewis, James Coe, Nimrod Coe and Calvin Rockenbaugh, are at this time under legal process, compelling their atten. dance as witnesses in a prosecution which is pend. ing before one of our courts againtt the very per sons whom they are, severally, charged in the re quisition with naving kidnapped, and are in conse quence thereof reserved from surrender by a pro vision of a law of this State (a copy of which is herewith sent) until they are fully discharged from the process by which they are held. Whilst 1 need not say to your Excellency that the obligation on my part, u Executive, to main tain tbe requirementa of our own law in thi re- ipect is complete and imperative, I cannot but hop that you will concur with me in opinion upon the reasonableness and necessity of the law itself. It is not peculiar to Virginia, but is to be found in substance amongst tbe law of several of the other States, and in ail case rests upon the same sound and rational principle, that whenever any on h under the claim of law for the purposes of iuatice. it is wrong to surrender him to any after claim for a similar purpose until the first shall have been satisfied and disposed of. Take the very cat which is before us at present, and a mere stnkins; illustration ofthe truth of tbe ptinciple or of the value of the law which is founded upon it could scarcely be offered. Were I to deliver up to your Excellency tbe persons whom yon have demuided whilst the trial for an allegded aggression upon the property and right of citizen of thi State, in which these person are the principal if not the sol witness, i (tilt pending and, undetermined, were 1 to do this, the investi-Mions ar.d authority of the Court would b stored the whole evl' di-nte in the ra e would be taken sway. n! way forever if the person stirrenoVrcd should ' convicted of felony rite parlies implicated ' quitted without trial, and (litis the piirpoe M lice effectually defeated through an Execnfiv agency which was meant to protect tliwn lni; deed, thesuirender, under existing circiirrHtanrw, would be, in effect, lo endow your EsceBenry f with the double privilege of.-ulijecting tert in rlti" wns of Virginia to an igriomniiniis prosecution id Ohio and ili-i lurking at the same time erUetoVtfV ers of Ohio from s similar prosecution hr-"- Knfi undoubtedly would be ilr result ( eomplyirtf. at" present, with your Egcellenry' Hrmar-rt Still,'; however, I ain'peifevtly rm.fiiluiit tlut in rnling if, anil in.ikii g it now. J.'"ir !' H"'' '"' 1 ' ""' with no i!e-i ;n whatwifver iflhv.i. ti (! cursi" and operation nf our laws, but ib fl-e 'inrle d honorable one of iuinUiiiiiig inviolate t!.e t laim ' of your own. ' Acting, then, in this same r :' frfvt i.A rde!-" ily, and tu conloiinily with the pK.vi in'i f law' before alluded to, I rliall li rlirp suing n order at present for the arifhl andUt li ery overofthe persons who are named in your Enellency's re-' quisition. Whenever they are discharged from-' the process before staled, and w hen the judgment ofthe Court, iu all its hearing upon the persons and principles involved, slnll be made known to this Department, it will tlier have tli, whole case, in its hinds, and will be able to proceed at once to. a final decision upon it. ' 1 Having ihus answered your Excellency's rrqui silion, I have now to subni4 one from this Depart- ' ment upon yours, demanding the surrender of Jo- ' seph Romini, Titus Sholwell and Berton Staunton, ', who were indicted at the September term of the' Circuit Superior Court of Law and Chancery for' the county ol Wood, in this Stste, begun and held ' on the first day ofthe month, upon a charge of fclo. : nioiisly enticing and alluring away, and otherwise aiding in the removal and absconding from the ser vice and possession of their owner, certain slaves, the property of a citizen of this State. "J This requisition, as your Excellency will per- : ceive, it founded upon an indictment which is prior even to that on which your own has been" made, ind is otherwise in all constitutional and le gal respects precisely the same 1 cannot doubt, therefore, but that iu validity will be promptly acv knowledged, and, if no legal obstacle exists, that' the necessary meuures will be as promptly Uken to give it effect. Could I at any moment have ' doubted this, and have supposed that your Excel-' lency would be unwilling to admit as obligatory ' upon your own Executive action, the counterpart ' of the very official instrument which you have; presented as obligatory upon mine, that doubt would have been removed in the most ample man; ner by the very explicit aud emphatic position of your letter. Nothing, indeed, could be stronger upon this point than the emphasis with which your Excellency declares it to be your confident . belief, that the peace and harmony of tbe several ; States cannot be maintained except through the s faithlul execution of all international law by tbe authorities of each; and that the Union itself d.: pends for its presei vation upon the steady enforce ; ment of that federal guarantee which secures to ev-; ery Slate, as a part ol its sovereignty, the delivery over to its laws ol every criminal against them, u ,.i This is the doctrine of Virginia the doctrine, a, w believe, of patriotism and of the Constitution' and having often maintained it ourselves in the. face of opposition, and denial, and rebluff, w can. not be otherwise than pieuea at naving so power-. ful an auxiliary as Ohio to assist us in maintaining it for the future. ; Gratified u I am at the position on this subject, . which you have taken for youi young and power, ful Commonwealth, and especially at having tbe benefit of it in advance on the side of the demand-, which I have herewith the honor to forward, I am , scarcely less so in believing that your own gratifi, cation will be fully equal to mine at having to., early an opportunity ot stamping the doctrines ot. your letter with the seal of a practical and official , confirmation. ..... i . In relation to the citizens of Ohio who are. now under trial in the county of Wood, and whose situ ation it specially referred to in your letter, I trust that your Excellency will leel entirely assured that the fair and honorable trial which you invoke for , them will certainly be had. . ... . . Without extending this communication any far-. , ther, I will add only, that whilst I agree with your' Excellency in believing that much may be done, by a faithful use of Executive authority to restrain ' tbe commiseion of offences between citizens of' different States I am yet satisfied that our solid and ' effectual reliance for this end is in the private morn . ality of these citizen themselves and in the prevt-. lenre amongst them of a hue spirit of justice and ' respect for the tights of each other. With such a. spirit we have a security for public peace immeas urably stronger than everything wnicn law, witn, all its bonds, imprisonments and fines can afford. Let such a spirit as this be extended to the consti tutional and legal rights of the people of Virginia ' in their slaves let every attempt at the allurement or removal of these slaves from the possession of their owners be given up, u both illegal and im moral, by those who disclaim them as property, let this be done, and your Excellency needs no a- ; surance from me that the kindly relations between : Ohio and Virginia are more likely than ever to re main undisturbed and perpetual. With very great respect, I am your Excellency's liusi uucuiciH serTaut, JAS. McDOWELL. To His Excellency, M- BARTtEr. uovertior oi unio, Goo. Hartley to Gov. McDowell. , : Executive Office, Oh toy " " 1 Columbus, Not. 8f, 1843. ' ' Sib: I had the honor to receive a few dav. 21st ult., in reply lo my letter ol the 13th ultimo.. : Six weeks previous to the receipt of this commu-." mcation, a requisition from this office in due formv was presented to your Excellency, for the arrest and delivery to the authorities of Ohio, of Franci Lewis, Wyatt Lewis, James Coe, Nimrod Coe and: Calvin Rockenbaugh, against whom indictment were returned, in the county of Washington,, and State of Ohio, for the atrocious crime of kidnapping; three citizen of Ohio. Tour communication con tains the first intimation furnished, u to any action on th part of your Excellency, on the subject of the requisition from this office. As the crime on which the demand for the arrest was predicated, k one of no ordinary magnitude, and u the excu- lion of criminal justice always requires promptness you will allow me to express to you ray regret, that circumstances should have arisen, to occasion td much delay in your action. I learn with no small degree of surprise, the de termination which you have made on th subject of the requiaition. You hare as it appear, deter red your hnal decision, until some future period, and declined , at the present, issuing a warrant for the arrest You say in your communication, after speaking of the delay in your action, " I have now. however, to inform your Excellency, that all the person named In your requisition, are at thi fame, (that is, at the date of your letter.) under legal pre cest, compelling their attendance as witnesses, in a prosecution," tc. , j Your statement leaves ground for the inference,' that after it had become known, in Virginia, that a requisition had been presented to you, and during th delay which occurred, between th time of ma king the demand upon you, and the dateot your letter, the legal process spoken of had been served on the person whose arrest was required. ' If tho. person bad been under legal procea, at the time the demand for the arrest had been made, it i to b presumed the fact would have been so stated. Per. mil me further to say to your Excellency, thai the reasons assigned for your declining to issue .the warrant for th arrest, at present, and deferritis your final decision on th application, until a fu ture period, are, to my mind, very unsatisfactory. Why defer your final decision upon tbe Merits of the application, and determig lo ttk th matt-; up for consideration, only after the person whose arrest i demanded, shall have bee, discharged from legal proces u witnesses? What bearing tha judgment of a criminal court in Virginia, can have on th prosecution of otner person, upon a differ