Nashville union and American. [volume], October 09, 1855, Image 3

About Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862

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UNION AND AMERICAN,
N 'A S H V TUEeT
TOKSWAY 'aiOKNIMJ, OCT. 9, I&55.
. H ,. .
. '", JOE COWELL.
1iverybdy wl o has been to tbe theatre for the
lktj"cjr owes' Joe Cowella ticket at his benefit
to-night; aid so does overyboJy who expects to
,.g f'u.iqg Jhof est year The peforinance is for
ih joint benefit of Coweix and the audience. It
" "xrift pay the airdioncc a largo profit in jovial mem--ofioe.
Lt it pay that nice1 old man geBtleman
'and scholar every Loch of him as he is is large a
v. pefit in good ooin of tbe realm, and he will have
1 niS 6&Sb for d'asitiMon. .
SIonteh Aitimb, Vm F y, E-j ; of Hopkin
ton, showed us, last w rk, oiewn apples, winch
filled a neck measure, heaping over, one of which
! ias 17$ dutijes weight, and six cf which, when
first pit'rfed, weighed G lbs-9 cz. These fairly head
off our unknown friend's recent contribution, Tbe
tuples are the Mammoth Sweeting variety K II.
Patriot.
Mrs. Bono, Iho wife of tho Representative from
Lincoln, sent us last week a specimen of apples,
which we bd thir curiosity to weigh. There were
six of 'the apples, and their aggregate weight was
.sevdt pounds two ounces. The average weight of
each was nineteen ounces. Such apples can't grow
in a kraw nothing county.
i - GOVEIINOU'-S MESSAGE.
' Executive Department, )
ilAsnviLLE, October 1, 1855. J
fett&K Cilhens of the Senate and
House of liejireientatives:
ThtTorganic law and long-established custom in
this -State' required the Governor, irom time to
tiuif, U unburn to the consideration of both Houses
of the Geueral Assembly, such measures and. sug
gestions as be nuy iltHiu expedient and proper. I
would, thereloie, in the fiist place, most respect
fully c-iU your ulteution to the liabilities ot the
dute.
The actual indebtedness of the State at this time
is hh follows:
Five and a quarter per cent. Bonds is
Eued lor a lock in Iutcrnal Improve
ment UoV, .... $ 227,416 CG
Five per cent, bonds issued for stock in ,
Internal Improvement Companies 1,824,440
Six per cent, Londs issued for capital
in the Bank of Tennessee - 1,000,000
Six percent, bonds issued for building
' Stale Capitol .... G91.000
Jir stock in the Union Bank - 250,000
Amounting to $3J02,85G GG
In addition to tho above ac'ual indebtedness, the
Suite is liable fur bonds loaned and endorsed, as
follows :
.To the East Tenn. and Georgia Railroad $ 870,000
Tennessee aud Alabama
300,000
Memphis and Omo "
EistTepn. and Virginia "
.Memphis and Charleston "
McMmuville and Manchester ''
Mississippi and Tenn. "
Mississippi and Dyersburg Plank
Kuad - - - -Manskeis
Creek and Springfield
Turnpike (endorsed)
Nashville aud Chattanooga Rail
read (endowed)
340,000
500,000
740,000
300,000
08,000
25,000
10,000
1.500,000
Amounting to
S 4,752,000
Making the whole liabilities
of the State for
.-'3jntl issued for Stock, loaned and endorsed to In
ternal Improvement Companies, amount to eight
'" million seven hundred and torty-four thousand eight
hundred and iiliy-six dollats and sixty-six cents
' ($S.7dt,8jG GG )
Ii will cievou e on you to provide for the pay
ment ot ono hundred and twenty-five thousand
dollars, ($125,000) ot the Bonds which were issued
' fur stock in Uio Luton Bauk, falling due First ot
January, 1S53, and tifty thousand collars (50,000)
J5j:idj issued lor building tbe Slate Capitol, tailing
luc first ot April of tbe same year. It is for tbe
' Xcjibtatnrc to determine whether these Bonds
nball be paid by imposing additional tuxes on the
ieople or ( ui of ihe Stocks owned by the State.
1 1 h.y telore you lor examination the original
cost ami present estimated value ot tbe State: Stocks
ndt6o tbe value ol tlie taxable properly and
lumber ot taxable polh,niade out by the Comptrol-
Jr ol tlie Treasury.
"Stock Ovvsed nr tiie "state.
Origisal.
Estimated.
Stock.
Cosr.
niks. val.
$l,000,0i'0
UjU.WO
Dank tif Teunesste, t
Vatoa tUak.'
uut Tgpti. & GeorgiuRailread,
Vmaihn uail Columbia Turnpike,
l,ehmu siud Nahvdle ;"
; .Nitwun'ilte, "
Natntilte and Charlotte
1-euaa.xi and ripiH U "
OeduMUia Oulral "
.NaiJi'illea-d Kentucky "
CJta!k-riH--ar-d KcsselVille "
0luibin, PuLsfci Aiilktou "
Kasuvil ea ,d JlurtirfoOuru "
Gail .tin mi! Cumberland "
UalUtm "
Cumberland A Stoned River "
.000,000
c.)'.,ooa
050,000
75.V50
S-'.OiH)
47,fcO0
KO.'OO
35.000
lot',0.0
0,000
87,5(J0
12ii,60J
6Sii 60
C.UO0
I3u,000
liy.tOj
SOO.OOl)
43,60
ll,7.r0
U1.170
i!l,170
12 500
0 000
li,283
3l',W0
2,0U0
20,yOO
' Total value, C,23.',71C CO 2,2tl,S27
" ' Tie above Turiiji.se Companies pay b per cent
ad tho tiiicmled attic.
. Toiivaie of i'asable Property, S219,01),047 81
number of taxable l'olh 100,011
iStato tax on Sil9.711.01 81 at ten
uetitson ti.etjuiicied do.iars. 219.01104
" 100.011 noils at fifteen
nui 15,001 C5 "
At U-c lat sc;s"on of the L "islature, an act waa
jHteaed directing tiie Governor and Comptroller to
iiirj. tb elivitietidi arising from ttio stock in the
JJ.noa and l'lanier's Banks in the six per ceut
bonds. We have received on account of said bonds
one liucdied and filty-five thousand two hundred
ami lorty-uuie dollais aud Unity-six cents; and
riHVfl contraaied with tlie Bank ot Tennessee for
ha vrtiole amount in Bonds.
Aa it becomes! your duty toappointa Committee
io fxsniiuo the aeccunts of the Comptroller and
Treasurer, I would theieiore suggest that you di
rect the same Committee to examine and report as
in iLh amount leceived aad disbursed under the
.net of 1853-1. Chapter 44.
For tue details ot the State debt and the true
cocditioa of li:e Treasury, I most respectfully re
Jtryouto the report which will be made by the
Coaiptroiler ot the Treasury.
B.VJiK-3.
Tho condition of the Bank of Tennessee will be
fnlty set iortli and made known in a icpurt wh ch
will be nude and su-milted to the General Assem
bly, by tbe 1'resiaenl and llirectors ot that institu
tion, at an early day. It will be seen lrom a care
lal examination of the report that the principal
Biok and branc-utss hav e been conducted with great
ctfcuienc; m th ordinary banking transactions, aud
especially' o m collecting and securing a large por
tion of what is called the supeuded debt, ilore
of this dibt his been collected and secured in the
test two yews than at any iuru.er period.
Ia xogurd to thw msti ution, I still adhere to my
fonaar itpintont-; as submitted to the last Legisla
ture tnat the principal Bonk and its branches
ougui to be ptu into gradual liquidation, and that
tno jtreaeut an au-picious time lor such gradual
liquidation, giving ample and itasonablc lime to
L persons who are indebted to the institution to
jnaKO arra-.fremeiiis foi paying the amount they
may owe tin priueip.il Bialiaud us branches. The
prtc ss ot w lading up the institution at the present
tunc oau be m.ide so gradual and easy as tioi to
embarrass luc indebted portion of ihe community
ill the smallest degree.
A number ot Binks have gone into operation
milium law p.used by the General Assembly ot
1551-2, and others no douot will toon commence.
In addition to thy, ihe List Legislature incorpora
ted seren iStock Bai-ks, which will more than sup
ply tho vacuuai created by the withdrawal or the
winding up o! the 15.iuk ot Tennessee, aud furni-b
r.U tbe tu.kiiig taciiuies needed by the whole com
mercial aud business pornou ot tnc couuiry. As
ttio wpitat ol tue Bi.k is withdrawn li.nn circnl--tKKi,
it cn be pre hiably invested in ihe- Bonds of
the 6iaif, thereby fcgain maKtng us way into ihe
uaue-TBt cucaUtioii, aud at tho s.une tune creation
a uoi&e luailiet lor the bands ot the Stale equal to i
tiie cOlire aieeln of tho Bank. The Bonds are
Ija-Mtg jui loturust of six per cent, jier annum, !
which will in too end yield a greater pn.fit to the
State, waking it tue safest and ino3t jadicious in
vestment that can be made with mo Commo i
boaool I nwl oltior tainls, woich now coustitute the
capital ol the tlank vl Tennessee, and whicn is
under tlir ooutroi ot ttio L gisiaiure.
At t ic atW OB in any reasonable t me disposa
ot the suck o.VLOtl in the Union and l'laiuers'
iUak upon good and sate terms, and all other stocks
-owned by toe State' in Turnpikes or Kaiiro.ids, it
wukl hi eqaa'.ly wise, safe and judicious to make
jx rjfeo investment with the proceeds of such stocks
In the six percnt, bonds of- the State- The num.
ber of Internal Iuiproeinonl workd which have
Lecn commenced by the various compaues, and
whiihure entitled to aiJ by law fiom the StatP,
aad a Lumber of others that inll probability will
be commenced, which will require the issuance of
a large amount of Strte Bonds, amounting to many
millions ot dollars, will absorb the entire capital or
the b'a'e JJinkand the proceeds of all the stocks
owned by the State, if they aro invested in the
bonds of the State as already indicated
The Free Banking law, an it is commonly called,
requites revision and amendment, and should be so
modihed as to require all applicants lor banking
privileges under it to deposit, as a greater security
to note holder?, with tho Comptroller of the Treas
ury, twenty-five per'c2nt. more in Bonds than they
receive notes in exchange for circulation. The
note holders are entitled to tbij additional security
to meet any reasonable depreciation which may
take place in the value and sale of tbe Bonds of the
State, when thrown into m&iket for sale. And as
a further protection to the community, there should
be a Uw passed prohibiting the circulation of any
Btk note of a Itss decomination than five dol
lars, in the State. We have seen within the last
few years gold and silver driven almost entirely
out of circulation foi ill the ordinary business
transactions of the country, by the excessive issue
of smail notes by the various Banks throughout tho
State. The passage ot such a law would in a short
time restore to circulation, for all ordiuary purpo
ses, gold and silver, which cannot depreciate in
tbe hands of the small and unsuspecting dealers,
s is often the case with bank note?, by the d pie-
ciation of small notes or tbe breaking ot banks.
The necessity of the passage of such a law must
be obvious to all, and it is wholly unnecessary for
me to make any argument to the Legislature or to
the country in its favor.
There is one other suggestion that I will make
in regard to tJie Free Banking law: The law should
be so amended as to fix definitely the rates at
which notes should be discounted by all persons
banking under that law, thereby making the dis
counts equal and uniform in banking operations
throughout the btate. ,
Tax on Merchants.
In my message to the last Legislature, the at
tention of that body was cilled t) the subject of
merchants' taxes, and as no action has been taken
upon it, I a'am submit that portion of my mes
sage to your consideration :
"There is some complaint with the mercantile
interest, in consequence of the unequal and dis
criminating operation ot our revenue laws regula
ting mercuants' license. The complaint is not
without some lounaation ana good cause on their
part. The law, as it now stands, requires all
wholesale and retail ueaiers in merchandise in this
State te first pay into the Treasury of the State
one half of one per cent, on the invoice cost of all
goods vended by them. The main cause of com
plaint, as I understand it, is, that in the first place,
the wholesale merchant, by ino revenue law, 13 re
quired to first pay into the treasury the halr of one
per cent., or ntty cents on tne nunured dollars.
After tho tax is paid by him into the treasury, the.
retail meichaut then purchases the same goods of
him and takes them to another establishment, in or
out of tbe county where purchased, as the caso
may be, and vends them sgain; for irhich he is re
quired to pay one half of one per cent., or fifty
cents on the hundred dollars, into the treasury;
which is one per cent, paid to the btate tor the
goods thus sold. By this process it will be per
ceived that the State lays a double tax on the goods
purchased from the wholesale dealer within the
limits of the State. The business retail dealer has
no difficulty in understanding the operation, and
finds it to his interest to go beyond the limits of
the Slate to make hia purchases, and thereby save
the one half ol one per cent, in tbe purchase 01 his
gocd, or fifty cents on every hundred dollars. It
must be obvious to all Dusipess men, that it tbe
wholesale dea'er is required first to pay the tar
iLto the treasury, that when the retail mershant
buys of him he must pay it bick, and then when
he makes sale of the good?, he must pay a like
amount into the treasury; which is practically
compelling the country merchant to pay a double
tax to tbe Slate on the same goods; which, as a
matter of course, makes it his interest to go be
yond the limits of the State to make his purchases,
and become the customer of the foreign wholes lie
dealer, instead of the wholesale dealer at home;
and to that extent operates against our own com
mercial cities and commercial men.
"It. is most manifest to my mind that the practi
cal effect of tbe revenue law, asit now stands, reg
ulating merchants' license, i;to discriminate against
the merchant at home and in favor of the one
nbrohd. The sulject is, therefore, submitted to
your consideration, with the hope that the law will
be so modified as to place the mercantile interest of
the biate on an equal looting and in a held of lair
competition with a like interest ot tbe other btates
01 the Union.
NASnVILLE AND ClIATTANOOOA RAILROAD
By the sixth section of an act passed February
the 8th, 1854, clupter 31, it waa made the duty of
the Governor to endorse and guarantee the Bonds of
the IN ashvuie and Ubattacocga Kailroad Company
in an amount not exceeding six hundred and fifty
thousand dollars. Immediately after the passage
of this law, the President of the company presen
ted six hundred and fifty thousand dollars in Bonds
of the company, which Joonds were ondersed and
guaranteed as the law prescribed. The Bond3
were ihcu delivered to the President of the com'
pany, he exccu-.iug his receipt for them. Some
time after this the President and Mr. Edwin II
Ewing made application to the Governor for tlie
endorsement and guarantee of ninety-five thous
and dollars more iu bonds of the said company.
The reason given for this application was that tlie
bonds had been destroyed to the amount of ninety-
five thousand dollars, they having been through
mistake burned for other Bond?, and presented as
p:oof of the fact a certificate of the cashier of the
Bank of the Republic of New York, together with
the Iragments or scraps ot forty three Bonds, or
that portion ot them which contained the coupons:
the body of the Bonds containing the signature of
tho i'resident ot the tompany and the endorse
ment of the Governor, being entirely gone. The
lragmeats or scraps of the bonds, presented as ma
terial proof of the fact of'the bonds having been
destroyed, were so discolored and charred by the
action ot the fire, that they afforded no proof that
ihe Governor had ever seen or endorsed them,
leaving no evidence before him but the certificate
ot the Cashier of the Bank of the Republic of New
York, where tbe bonds had been burned throuzh
mistake. In th's connection, however, it is due to
stme that there is no class of evidence that could
have be-en pie3. nted proving the loss or destruction
ol the bonds lhat would have induced the Gover
nor, a: the law now stands, to endorse and iruar
aniee any additional number of bonds on account
of their loss or destruction, there being no law au
thorizing it to be done. The bonds had been once
endorsed and, guaranteed and delivered to tho
President of said company, this was deemed acorn
plete execution of the law, leaving the Governor
alterjts execution no control or discretion over tbe
subject whatever. There is no law conferring
power on the executive where bonds have been
misplaced or destroyed, upon application to him
to issue other bonds in their place, whether they
have been endorsed or loaned, held by companies
or individuals. Tne exercise of such a power on
me pari 01 me uovemor, m tbe absence of law,
would be setting a dangerous precedent, which
might open tbe door wide to fraud and speculation
by ail unscrupulous persons into whose :hands the
bonds of the btate might tall, which had been loan
eu 10 companies iu uiu in worKs ot interna lm
provements, or those that had been endorsed or
guaranteed tor the same purpose. The second or
third holder ol bonds which had been transferred
by any internal improvement company, in the event
of tho loss or destruction of the bonds in his bancs,
would have the same right to apply to the Gov
ernor lor the lssuince of new bonds in consequence
of the loss or destruction of the old bond, so trans-
lerred, that the company had who first received the
bonds from the State. It would be unsafe and
el uigeroiis 10 confer any such power on the Execu
tive, thereby leaving it to his discretion to deter
mine the nature and character of proof which would
Mjihoriz? hun to isssue bonds in all cases where
t-ie-y m ghi be represented as being lost ordeslroy
ed. An quesnous ot this character should be pro
vided ior o direct leg slation, and not left, to exe
cutive discretion.
Taking th.s view of the s-uljcc", the Governor
declined 10 e n orse and gnaiamee the ninety-five
b'juas already rc.'errcd to. In refeience to the ac
tual ilestructi -n of the bonds in the present case,
tbe Coventor had no doubt of its having occurred
119 represented by the President ot the company
and Edwin 11. Ewing, Esq, aud at tho time the
application was made for the endorsement and
guitantee of the bonds, he felt more than anxious
t acjorninodite them aud the company, but declin-
I ed d in" so tor reasons already civen. The whola
subject 13 therefore submitted Icr your consideration
and act on, and will be disposed of as you may
hereafter d.icct.
Public Road3.
I woul J also call your attention to my former re
commendation on this subject:
"Our whole system of public roads is exceed
ingly defective, perhaps more so than in any other
taic iu uie union, imposing the burden ot keep
ing it up upon that portion of our fellow citizens
least able to bear it, and who have the leastuse for
it after it is" kept up. Many persons ar compelled
to work on tie public roads many days in the
year, who have not the time to spare to do so,
without pay, and the necessities of whose families
need the procesds of their entire labor for their
support; while on the ether harru there are many
wuoaro exempt by Jaw Irom working on thepnb
lie roads, who are either able physically to wot k
them, or pecuniarly to pay for having it done, and
who derive tho greatest benefit from good roads
when they are made, by the enhanced value good
roads impart to their propeity, and by increasing
ii.u cuuuoria ana facilities ot traveling over teem.
In view of changing or modifying our present sys
tem, I most lespectfu'lly call your attention to the
system of keeping up public roads in tbe States cf
Ohio and Pennsylvania, where property and other
taxes are levied for the purpose cf keeping up tho
public roads and highways, and thereby carrying
out tbe principle, that the individual who derives
the greatest bsneut from having them kept up, and
in proper condition for the traveling public, shall
pay correspondingly for the benefits thus conferred.
All persons should contribute to the support tof the
government under which they live, in proportion
to the protection they may receive from it. Our
present road system, it must be conceded by all,
operates most unjustly and unequally upon the
ireat mass of the people, and ought to be changed-
there-tore recommend to your consideration the
propriciy of so changing or modifying the present
system as to conform it to the requirements of tbe
piiuuc j lugmrni .-triii wan's 01 tne country, and
hat 11 bo done during the present session of the
gisiaiure."
NationaC Homestead
This important measure, by a large mMoritv, ha3
passed the popular branch of u-national Legisla
ture twice in succession, and was lost both timesin
the Senate, which is conclusive that tbe popular
will demands the passage of such a law. I there
fore call the attention of both branches of the Lfg-
uiaiuro 10 my recommecaation upon this surject,
which was made to the last Legislature :
I feel that I cannot conclude this message with
out urging upon your consideration the importance
and propriety of instructing our Senators in the
Umgressot the United btates, and requesting our
Representatives to use a l reasonable exertion to
prccuro the passage of a billgrantirg to every head
of a family, who is a citizen of the United States,
a "Homestead" of one hundred and sixty acres of
land, out of the public domain, upon condition of
settlement aDd cultivation or a number of Years.
This is a measure of no ordinary consideration to
the American people, and the correctness of its po
licy has been settled in the public judgment, and it
would have been tbe law long before this time,
had the popu'ar will been carried out by the Con
gress of the United States. I therefore hope that
you will take such action as will reflect the popular
sentiment of the sovereign people of this State,
and thereby contribute tne weight of your uilu
enco to the consummation of this great measure."
J UDICIART.
I would most respectfully call your attention to
my views upon this subject as submitted to the
list Legislature. I also transmit for examination
a copy of the Bill referred to in my message :
"The true foundation ot our Judiciary 13 to be
found in the Bill of Rights, which was adopted by
. u . : 1 : . 1 ii-no 1 -
iud cueicij;u povjjic iu 1110 yenr J.JOO, anu was, in
the year 1834, re-affirmed. In the 17th section,
they have declared in the most emphatic manner,
" that all courts shall be open, and every man for
au injury done him, in his lands, goods, person or
reputation, shall have remedy bydue coarse of law,
auo right and justice administered without sale,
denial or delay." " Right and j istiee" is to bi "ad
ministered without sale, denial or delay'' this is
laid down as the basis, as the foundation of our
whole system of jurisprudence; and it is imoera
tivo on the legislature, in the organization of our
courts, to conform them to the principles herein
laid down. To a correct understanding of the kind
of courts to be established, we should first deter
mine what is meant by the terms "righ'. and jus
tice," as used in the bill ot rights. Tho most ap-"
proved authois define the term right: " Confor
mity to human laws, or other human standard ot
trum, propriety or justice." "Justice the constant
and perpetual disposition to render every man his
due," fco. In this connection we might consider
the meaning ot equity also. In an enlarged and le
gal view, "Equity, m its true and genu. ne mean
ing, is the soul and spirit ot the law." Iu'lhis,
" equity is made synonymous with justice.' Right,
justice and equity, according to common sense,
and the best autnonties, mean the same thing.
When it comes to establishing a court or a tribunal,
or it may be called by another name, which is in
tended as a standard by which the precise dilig
ence can be determined between the conteSdint;
partie", it is imperative on the legislaiure to estab
lish 10 standard which will accomplish the great
end, as designed in the bill of rights, and if it wei e
possible to so orgaaizi our courts, that when par
ties came into them to have their differences hd "
justed, for the court and jury 10 ascertain what is
the precise equity between the parties, and tnen
to determine that as the law of the ca-e, " equity
being the soul and spirit of tbe law" in other
words, making the equity of the case, the law of
the case. Taking the bill of rights as the fcunda
Hon for our courts, the itquiry very naturally
arises as to whether our courts, as now established
under the sixth section, first artie'e of tho consti
tution, are in txmforraity with the principles herein
laid down. This article say.': " The judicial power
of the State shall be vesttd in one supreme cour',
in such inferior courts as tbe legislature shall or
dain and establish." This provision of the consti
tution would seem to give gieat latitude to the
legislature in the organization of the courts. But
the exeicisj of this power by tbe legislature must
be in strict conformity wmi the principles laid
down in tbe bill of rights. The bill of rights be
ing the better part of the constitution, is paramount.
"In all questions of apparent conflict between
""the bill of rights and the constitution, they shr;ujl
be reconciled and made to liarraoize, it possible;
but wheie there is a final repugnance the consti
tution must give way, it bearing the same relation
to tbe bill ot rights that a law does to the consii
tution. Hence, io the orgamzition of the courts,
the legislature ha3 no authority under the sixth ar
ticle, to depart from th'S grtat and fundamental
principle as laid down in the bill of lihu, or the
better partot the constitution
" Uuder the constitution of 170G, j ides of tho
supreme and inferior courts were appointed by tbe
legislature to office during good behavior. The leg
islature conferred upon the courts cncoery and
law jurisdiction, which was exercised by them for
thirty-eight years, or till 1S35 The people, after
making the experiment, became well satisfied that
our judicial sytem was exceedingly defective, fall
ing far short 01 carrying out the great principles,
as contemplated in the bill of rights.
" In 1834, the people again, in convention, fo
changed the constitution as to make it more in
conformity with the great idea of right and justice,
by changing the tenure cf all judicial olliceis from
that ot a lile to a term of years, and at the same
time referring back many other elections to them
selves whjch had been given up in the constitution
of 179G.
'Tnese changes in the constitution hayo been
effected, in part, for the purpose of conforming the
courts of the country, in their whole structure, to
the wants and necessities of the people. There.
has been evident dissatisfaction with the courts of
the country for a number of years past The peo
ple find fault with the judges, complain of lawyers,
and sometimes condemn jurors, affording conclu
sive evidence that there is a wrong somewhere:
Deliy, expense and perplexity of mind on the part
of the litigants confidence in the courts much lm
paired in the public estimation. Under our present
system, an individual goes into wbat 13 termed a
court 01 law, to oDiain justice in some matter ui
controversy, and alter much time is spent aud ex
pense incurred, he comes out of law with a long
bill ot costs to pay: and it be compiains of the pro
cceding, he is told that his case was a good one,
but he was unfortunate in bringiug his action in
the wrong court; thatbis remedy is not in law, but
in chancery. Another individual brings his fcuit in
a court of chancery, and after a like delay of time
and trouble in filing bills and hearing answers, he
is turned out of court with a long bill of cost and
charges to pay, and he is consoled in the same way
by telling him his case is a good one, but bis rem?
edy is not in chancery, but in a court of law, and
from a court of law to a court of chancery, until,
in the end, if the end ever comes, the substanca of
the parties is, in many instances, consumed, and
the gainer of the suit is frequently tho loser, and
the unfortunate party goes into immediate bank
ruptcy. This is the manner in which law and
equity is administered under our pre cut system of
jurisprudence, which, in fact, is the great cause of
complaint of the parties who go into our courts to
obtain justice, and a want of confidence on the part
of the people in tbe courts of law and chancery.
" Upon this subject I shall take high grcund,
and assume that tbe courts oan be so organized,
that law and equity can be administered by the
same court, by tiiesime judge and jury, and at the
same time, and that, too, without "sale, denial or
delay." Let the courts of law and chancery be
blended or converted into one court, (it is not ma
terial by what name you call it) or, in other words
let the law and equity of the case be heard by the
court and jury at the s.-raa time- !at the pirtTe?, if
necessary, De examined in open court iat a'l t r
restraints and barriers be removed 'nil (aloe isuM
and collateral questions be throwp as'de, and th !
causa tried upon the naked rn-riia involved, at,I' j
thereby administer "right and justice" to the'eo -- !
tending parties and let them, go hence without di- '
lay. . J
'I feel well assured that tbe'peoplp, 1 h'oughcut ih-
State, expect legislative action upon this subj-.t:-.
before tbe close of your session. This is n moss
propitious time lor bringing about the change ne
our judiciary, a3
indicated, tne people having r'-, "
moved all constitutional dithculties that were in.
in the way, by the adoption of the recent amend
ments to the constitution. There is now a bill bo
fore your honorable body, eutitled a bill, '' To
abridge and simpli y ihe pleadings, practice and pro
ceedings in tlie courts of justice in this Stile," which
will, u passed into a law, accomp ijh much in con
forming the 'practice in the courts to the require
ments of the bill of rights and the wauts of thn
people. In recommending this bill to your favora
ble consideration, or some one very similar in ita
provisions, I am not recommending a new and un
tr el experiment, but one which has been tried and
approved by many of our sister States. It will
and can succeed with us as it has with them, if the
experiment is fully and fairly mad?, and will, no
doubt, give general satisfaction here, as it hai
there, by symplifying, cheapening and shortening
the process by which litigants may obtain "right
and justice."
" That the bill referred to I1&3 been prepared by
its originator with great care and much labor, U
manifest to all who will give it a careful examina
tion; anl it is balieved, after passing the legislative
ordeal, will be so improved as more closely to ap
proximate the. intentions and design of those who
Iramed ihe constitution. The leading principles of
the measure now recommended to your favorable
consideration, have been advocated by me since
my first en trance into public life, in the year 1835;
and my reflection and observation, together with
the successful experiment which has been made in
other States cf the Union, have tended to confirm
me in the opinion that it ought to be adopted in
this State, and that too, before the adjournment of
the present legislature."
Ajiesdmemts to the Constitution of tue UsirKD
States
' I will most respectfully call the attention of
the General Assembly to the fifth article of the
Constitu ion of the United States, which prescribes
the mode and manner of amendment to that in
strument, and also, to three propositions to amend
tho Constitution of the United States, which are
appended to, and made a part of this message,
which is respectfully submitted for consideration
and action by the General Assembly. In submit
ting tbia sulject, I shall make no long or labored
argumtnt to the legislature, or the country, to
prove ihe importance and necessity of adding
these three amendments to the Constitution of the
United Ststes. All who aro in favor of populari
zing our free institutions as far as may be practica
ble, and bringing the general government nearer to
the people, will receive and treat them as self-evident
propositions.
1 will conclude, by adding, that they were the
doctrines of Jefferson, of Jackson, Macon, and a
number of other statesmen and patriot, whose
opinions are at all times entitled to the respect acd
consideration of the American people."
Since this recommendation wa3 made to the last
legislature, 1 have become more thoroughly con
vinced in my own mind of the importance of ma
king the proposed amendments to the Constitution
of the United States. The last two popular elec
tions in this State show the importance of electing
United States Senators at the ballot box, instead
of electing tnem by the Legislature. Tne popular
will of the State, as refl cted through the ballot
box, has twice in succession demonstrated most
conclusively that the Legislature does notnfljst
the will of the people in the election of Senators,
but, on the contrary, has elected Senitora to the
Senate of the United States who stand opposed to
the public judgment, as twice recorded by the sov
ereign people of this State.
The great importance of amending the Constitu
tion cf the United State', so as to bring ihe elec
tion of President and Vice President of the United
States directly before the people, as proposed in
the otnecdmentas hereunto appended, isbecjrring
mora and more manifest by every day's experi
ence In the next election of President and Vice
President, it is highly probable ihat there will be
three or more candidates, and, in that event, the
chancts are, that the people of the several States
will not hnve tbe privilege of choosing the Presi
dent and Vice President through the electoral Col
leges, no one of the candidates receiving a majority
ot all the electoral votes, which.will cause the elec
tion to be transferred from the electoral College to
tbe United S:ate3 House ol Representatives, where
tbe choice will be mide by States, without regard
to tho electoral vote; which, in all probability, will
result, as it did in 1824, by foisting men into otTue,
in utter disregard of the popular will. The pro
posed amendment to the Constitution would re
move all anprehersion and ditrtaimy on mis ac
count, and cause tbe election to be mane oy ice
elt dotal Cillege some one tf tbe candidates re
ceuing a majority of all the eh ctoral votes
JOINT RESOLUTION. PROPOSING AMENDMENTS TO THE
Cjnstitctin of tiie united state?.
constitution cr TnE usitep states
5th
OF AMKNDMENTS
Contrres?. whenever two-third3 of both Houses
shall eieem it necessary, shall propose amendments
to thisConstitution. or on ihe application ot the .Leg
tel.-.t urea of two-thirds of ihe several States shall
call a convention for f reposing amendments, which,
in either case, shall be valid to all loten s anu pur
poses, as part of this Constitution, when ratified
by the Legislatures of three-fourths of the several
Staies. or bv conventions in three-fourths there
of, as the one or the other mode of rat.fica-
tinn mav be proposed by Cougross : provided that
nn amendment which may be made prior to the
voir one thousand eight hundred and eight, shall
in any manner affect the fir3t and fourth clauses iu
the ninth section of the fist article: and that no
State, witlout its consent, shall bs deprived of its
equiil suff age ia the senate.
JOINT Rf-SILUTION, FROPO-INQ AMENDMENTS T)
CON TITUTION OF Til K UNITED STATES .
TOE
" Retolved by iVie Senate and Iliuse of Repre
sentatives of the United Mates of America, tn ton
yress asstmbkd, two thirds of both Ijiues concur
ing, That tlie following amendments to the Con
stitution of the Uoited Stitcs be proposeu to tne
1"ilalnrea of the several State?, whieh, when
ratified by the Legislatures of the three fourths of
the State", shall ba valid to all latenisanu purposes
as part of the constitution :
That herealter, the President and Vue President
of the United Stites shall be choosen by the peo
nUt of their respective State3, in the manner follow
ino- Eich State s'aall be divided, by the legislature
thereof, into district?, etmaliu number to the whole
number of Senators and Representatives to which
R.inh State mav bo entitled in Congress of the
United States; the said districts to bo composed o
contiguous territory, and to contain, as nearly as
may be, an equal number of persons entitled to be
represented under the Constitution, and to be laid
off, for the time, iuimeiiMeiy alter tne rauueauou
of this amendment, and afterwards, at the session
of the lei'Hature next ensuing the appointment of
0 . . 1-. ... ty
representatives by the uongress 01 tne unuea
States : that on th" first Thursday ia August, in the
vear eichteen huadred and fifiy-six, and on the
same day every four year thereafter, the citizons of
each Stale who possess tne quaiiucauons requisite
for electors of the mcst numerous branch 01 tne
State L- gislature, shall meet within their respect jve
district?, and voto ior a .pcsiuent anu vice t-resi'
dent of ihe United ataies, one 01 wuorn at lea-i
shall not be an inhabitant of the s une State with
themselves ; and the person receiving the greatest
number of votes for President, aud the one re
ceiving the greatest numb '.r ot votes for Vice Presi
dent in each district, shall be holden to hava re
ceived one vote ; which fast shall be immeciate'y
certified by the Gover or of the State, to each of
the Senators in Congress from su .h Swte, and to
the President of the Senate and Speaker of the
House of Representatives. The Congress of the
United States sall bs in session on the second
Monday in October, in the year eighteen hundred
and fitly six, and on the same day every fourth
vear thereafter : and the Present of the Senate,
.. ' r .1... a ,.nJ IT D
in tue presence 01 ocumc mm uuuac ui itcjuc
sentatives, shall open all the ceriificate-1, and the
votes shall theu be countoJ. The person having
the greatest numbjr of vate3 for Pr sident shall be
P.esident, if such number be equal to a majority of
the whole number of votes given; but it no per
son have such majority, then a second election shill
be held on the fir-t Ihurfdiy in the month of De
cember then next ensuing, between tbe persons
having the two highest nurabrrs for the office of
President; which second electioa shall be c induct
ed, the result certified, and the votes counted, in
the same manner as in the first; aw the person
having the greatest nmibi-r of votes fjr President,
shall be President But, it' two or more persons
shall have received the greates', and an equd num
ber of votes, at tho secood election, then the per
son who shall have received the greatest number
of vot-s in the gieitest number ot States, shall be
President. The person having the greatest num-
bcr rf vota re- V co PrfsM 'nt, r,t t! ii firs. elw
tton, tha 1 be Yic I're'sde-.t. it i c!i number be
iquil to a in jjrity or thi wbo'e nunibir f f vo'ts
g veujand it no irsen iwev such a insj witv, then
tt sec. n tcUc ton s-ball Wke place betweetj the per
? n? Ifttvhig irii twb lfTrhm nnmof-is. on the :ne
day tb,.u luTs cond. eectiou ! U fur Prri
den ; ai.d the person f..vmg the figrit number
of vote forViCi'PrePideuf, shaIibe,"Vice Presi
dent. B.ifri! iheirVshiTuld'happei'to bcjinqiislrv
f votes between thu p rsonsso vo"od for at tl e
u-ciod flection, tnn the person having the great
est number ot v.-vei
ei in the greatest number ot
States, .-hull be xe President. But wheu a sec
ond election snail be necessary in the case of Vice
P.-esiJeut, and rot necessary in the case of Tresi
nt, then th Senate shall choose a ice I'resident
from the persons having the two highest nnmb-rs
in the first electicn, as is now prescribed in the
con;titnwon.
Seo 2. And be it farther resilved. That article
one, section three, be amended by striking out the
word "legislature," and inserting in lieu thereof
the following words, viz: "persons qualified to
voto for members of the most numerous branch of
ti.e Legislature," so as to'mske tbe third section ot
said article when ratified by three-fourths of tha
States, read as follows, to-wit :
Ihe Senate of the United States shall be com
posed of two Senators from each S"ate, chosen by
the persons qualified to vote for the members of
the most numerous branch of the legislature there
of, for six years, and each Senator shall have one
vote.
Sec. 3 And be it further resolvd, That article
three, section one, be amended by striking out the
wows "good betavior, and inserting the follow
ing words, viz: "the term of twelve vears." And
further, that said article and section be amende 1
by adding the following thereto, viz: "and it shall
be the duty o' the President of the United States,
within twelve months after the ratification of this
amendment by three-fourths of all the States as
provided by the Constitution of the United States,
to divide tlie whole number of judges as near as
may be practicable, into three classes Tne seats
of the first c'assshtll bi vacated at tha expiration
of the fourth year from such class. fication ; of the
stcond class, at tlie expiration of the eighth year;
and of the third class, at the expiration of the
twelfth yeai; so that one third may be chosen every
fourth 3 ear thereaber."
The article, a j amended, will read as follows:
ARTICLE III.
Sfc 1. The judicial power of the United States
shall be vested in one Supreme Court, and such in
terior courts .a3 the Uongress. trom time to time.
may ordain and establish. The judges, both of the
pupreme and inferior courts, shall hold their offices
during the term of twelve years, and shall, at sted
times, receive tor their service, a cximpeusalion,
which shall not be diminished during their contin
uance in olhce. And it sbsil be the duty ot tho
President of the United States, within twelve
months after the ratification of this amendment by
three fourths of all the States as provided by the
Constitution of the Uoited States, to divide the
whole number of judges, as near as may be practi
cable, into three clashes. The seats of the judges
of tbe nist clas3 shall be vacated at the expiration
of the fourth year from such classification; of the
second class, at the expiration cf the eighth year;
and of the third class, at the expiration of the
twelfth yea; so that one-third may be chosen eve
ry fourth year thereafter"
1 his is merely submitted as one plan of arrunl
ment, to accomplish the contemplated change in
the constitution "of the United States. Any other
plan m:re perfect, and more in & nformity with the
whole struutme of the Government, will be equally
acceptable. It is expected that the amendmenis
will be put in the most perfect torm possible that
can be demised oy the exercise of yoi.r better judg
ment." WEIGHT AND MEA5U. E3.
By a j .int rero'utmn ot the G.-ueral Assembly,
adopted jJuich 3 J, 1834, the G .verier a3 author-
izd to appoint a suitabl-j peison - superintendent
of weights and meair"". In ccm.il'asii" with this
resolution, Mr. Juhn Herri ges has been appointed
superintendent to take charge, or the. weights and
measures, as lurnishtHl oy the r.-d-'fal in.verumeiit,
under a re-silntion pas-ed June 14 h, 1S3G. Since
the nppomtm -nt ot tb sup rmteiideutthe weights
and m-;rtU'es have b e 1 received, itn i are now un
der his coutrol, au'l tiy linn h ie b mu dooosited in
one oi the roonn ed" the Cipitol, set apirt for that
purpo-e by tho comini-sioners. The i ihts and
measU'C were all re-c-ived iu goo I "ider, and are
now bubjeot to the m-'po 10 1 ol ty th bras coes of
the li -gislature. lh-i reso'utum aiillioriz.ug tbe
appointment of superintendent ol weights md
measures made no piuvisiou lor any compendium
for the time a'.d labor necessary for taking the
proper care of the w eights and measures, which are
now in his possession. It cennot be expected hat
tiie superintendent can lose his time and libor with
out some pay. The resolution also authorized the
Governor 10 have mad, under the direction ot the
superintendent, aset of standard weightsand meas
ures tor each tun y m the State. This portion ot
the resolution, so tar, has noc been carried out by
the Governor, believing, as he did, that, the cost
would be much greater to pre cure a set ot standard
weights and measures for each county in theState,
than the Legislature vra; aware of at the time iha
resolution was passed. The cost of a set of stand
ard weightsand measures, such as would be suita
ble for thereJpectivo counties, from the most le'ia
ble sources of information, will not be much less
than two hundred dollars per set, which wid muke
ihe aggregate cost near sixteen thousand dollars.
Notwithstanding the aggregate cost may seem to
be hign.I am Btill of the opinion that sound poucy
aud tne best interest of the State requires a law to
be passtd making tbe standard ot weights and
measures uniform throughout the Stale, and that
eacu county in the Stato ought to belurnistied with
a set cf standard weights aud measures for that
purpose; and unle3 the Legislature reoenl the reso
lution, the Governor will, at an early day, proceed,
as authoiizj.!, to have each county furnished with
a set of sta-idard weights and measures, a3 auihor
lzcd by law.
r-EHTEXTiAr:?.
Upon this subject, my general views have under
gone no change since the sitting of the last Legis
lature; 'aud I vould mot respectfully call your at
tention to the suggestiens-and recommendations
then made iu my message to that body.
"This institution has, 30 far, failed in a. II theleaJT
ing otjects of its creation. The confinement of per
sons w ithin the prison house or prison walls of a
penitentiary, with the view of relorming them in
their moral character, has been proven by all expe
rience to be a great error, and it is not now con
tended for as a reforming institution by atiy one
Who has become st alt familiar with the sulject.
There is not one in every thousand convicts whose
moral condition ia improved by sucn imprisonment,
but, on the contrary, most ot them, if not all, aie
mado worse than toey were before, aud become
more cr-firmed in crime.
"Upo 1 tne subj-jct of eonvict3 becoming reformed
by peuiteniiary imprisonment and association, Dr.
John S. Young, former Secretary of State, in an
able and elaborate rtport made on the loth of Sep
tember, 1845, to the Commiisioners of Public
Buildings, and by them submitted to tbe Legislat
ture, used the following language 'I am entirely
sicepthjal on the subject of relorming convicts by
teacniug them mechiinic.il trades; little or no good
results Irom it. When a convict Ieive3 the prison,
he l.ij s down his cap, and with it his trade. He
looks back upon bth as the badges of his disgrace,
and the companions of his imprisonment; he aims
to something else, which lie considers better ban
his trade, or returns to the reeornupsjion ot crime.
His trade, in most instances, as I believe, serves to
battpr qualify tno vilian wiihoutreformmg tbe wan.
Tnose who would attempt ihe moral reformation
of Ihe felon, must employ oilier means. They must
bear in. mind that tnree-fourths of those stained
with crime can neither read nor wite. The mind
nnstbj cultivated in order to produce ihtsegeiial
influences which are calculated 10 remove vicious in
clinations and base propensities, and give place to
proper sensibilities and corrected feelings, from
which altered intentions and virtuous actions must
spring.
The trial, convic.ion and sentence by the court
of persons to the penitentiary for violation ot tho
laws, has had no iesiraiuing influence whatever on
immorality, and carries little ar no terror to the
pmdofthe evil doer. The announcement in the
court hotue. ya:d t'oat suoh a person has been sen
Iblc -d lor so many years imprisonment, 13 received
wta no alarm, but, op ihe caotrary, with groat in
d'tkrepe ; and it is iho Ireq'iest remark that it is
better for the individual wno has just been aen-t.-nced
to so miny years' confinement it will be
far better lor him. He will, while there, be ena
bled to learn a good trade, and will live better there
tnan tie ever did before. Tha sheriff theu prepares
with his guards and 8 ara wiih the convict fur the
pcnitentiaty, making rather the luijiresiicn, as ho
leaves, npou the rqind of many speClators, that the
prisoner. h.M done well in obtaining a travelling trip
ot pleasure aud a money miking busitHS) for the
sheriff and his escort, and he in the end be made
oiie of ihe m -cinnics of the country. In fine, on
these two points, it will be readi-y perceived the
penitentiary reforms no ono alter he is confined
within its walls; aud the sentence of the coort, and
confinement .together, deters no one from a viola
tion of the laws of ihe land.
'In the n-f r.'v , th uyf -n lm rvl3Jl h- r
low tin ex enscs incurr d m iho -"rrctiouof the e-tibhshra-nt,
i.d t'le a imiI n t of carrying ir on
u to the p-csjnt time. Up n 1 clos- exsmirmion
ot' the items pro; erly elmrgei:e to the inwi-uiwii
aftergivinz it ful! credit for rdl that it 'rs entiled to",
the e wll s ill be found a defi -it of nor than
one htlt'dred 'UHism.l ilc'tag prnfcaWy mneh
more 1 Ime olita ned soffident dita from Mr.
Love, the p meip'il book-Vc-per, who ha appeared
ve y accomm"dutuig, and much disposed to afford
eveiy lacility i 1 his. power to remuve all diffi?uliy
in g tting nt the true financial condition of the in
siitu ion, toge hsr with a report recently maun by
the Co np-roller to the Senate, showing how muc'i
has been paid cut of the treasury for the convey
ance of co mets to the penitentiary, to satisfy ray
mind that the State has incurred a heavy I09S by
the pni:i ntiiry. It will take biitlile'investiatiori
of this subject to suisfy any d seeming mind tbit
the penitentiary exerts'no beneficial mo-al icfl'ieoc--on
society, in or out of the penitentiary, and that
it is now, aad has been, an incubus on the treasu
ry, and will most likely com inu so, unless the
who e establishment undergoes a thironh chan"e.
" While the insti'ution has failed in alt the lead
ing objects of its cenion, the manner in which it
has been conducted has been rmde to operate inju
riously upon the mechanical intercts nf the coun
try. It has been made practically a State mecluin
ic institut' fostered and sustained bv the treasure
of the State, and brought into direct competition
wiih the mechanics of the country to tbe extent of
its entire operation. The conditions upon wmh
persons are admitted into this Stite mechanic uifi.
tat, are very discrimm.ving and invidaons in their
character Befo-o tbe candidate can obtain adrn s
sion to the hgn prir.lege of being employed in this
institution at any one of the branches cf business
carried on there, he must first commit the horrid
crime of murder, arson, larceny, rape, or some oth
er one of the t fleeces vi. lative of I.iw. He must
then stand a trial at some of our courts of justice,
and then receive a certificate from the nresidinf
judge that thes- facts are all true, and, in addition
10 mis, ne must be accompsnied by the high sheriff
of tbe county and his retinue to the State mechanic
institute. Having ar ived, hiscrdential are pre en -ed,
and such other evidence asf may be req lired,
that he is a fit and worthy ondidate, having pass
ed through tne ordeaf rieces ary and proper to his
qualification for admission. He is then received by
the proprietor of the institute, and safely conduced
to the stone mason's, sculptor's, or some other de
paninent, and ihere begin3 his new vocuion of re
ducing the rough and unpolished marble to -hape
and fashion. Tne hands that are y et crimson with
the b'ood of the unoffending, are made to ply the
mullet and chisel, as did Socrates, the Grecian phi
losopher and statesman perhap?, too, in the course
of his servitude, wiih the same guilty hand, to en
grave upon th tomb of the departed and iliustncos
uead the lines which are intended to indicate to
to the enquiring living their many virtues and ex
alted worih. And so, also, with all tbe other de
partments that are cirried on in this institution :
there might be Sim.lar illustrations made in refer
ence to tailors, shoemakers, hatters, blacksmith",
wagon -mt kers, kc , &
"The Stole, by the establishment of this institu
tion, and the passage ot laws to sustain it, gathers
from every county'in the State all tbe incorrigible
offenders who are kno wn to the law, and after col
lecting them within the wa'ts of the penitentiary,
embarKs in all the branches of raecbsnism, aad
openly eute.-3 the field of compe'ition wiih the me
chanics of the country. Tue mechanics outside of
the penitentiary are required, by all tbe obligations
of go.d oil z ;ns, in peace as well 83 in wa-, to Mib
mit 10 raxation to sustain tbe government u .der
which they may live, and at the same time compete
with the State in their own branches of business.
This policy of the S'ate, 111 carrying on the brandi
es ol mechani-m, aad the employment of a'l the
felons of the country at tbeni, lug a direct tenden
cy to d-grade the mechanics of tbe country as a
body. Felon and mechanic, crime and rneihanism,
Irom their close association, become correspondin"
terms in the public mind The felons, a'ter having
served out their tune, are turned !oo.-e upon the
country, to mix with the mechanics as best they
may, and perchance iobei. .meirimatea of their fam
ilies, and companions iu their shops. Is it right
that this description ot our population should be
thrown upon, and associated with, the honest and
industrious meeh .nic3 of tbe Slate, either in person
or prolesiOL? Tuere is an instinctive repugnance
in the tosorus of all honorable men, and it is re
duced to practice by nearly all those who have
charge of our cemeteries, by exe'uding the felon
frcm being associated with us even in the grave.
If 11 is degrading to be associated with a felon after
wea.e dead, it must be mueh more so to be asso
ciated with him while we aie livirg.
"In conclusion upon thesnbjec, I m ist be per
mitted to make one ei-nest appeal, and that is. tor
the legislature to so-direct the future management
of the affairs ot the penitentiary, by tneir legtsU
t.on, as to protect this large aud respecable por
tion cf our lehow-ctzens trom this degrading as
sociation and competition, by exclndipg. as tar as
possible, all the branches of mechanism from the
penitentiary."
Sitce the fifing of the last Legislature, the pen
tenuary has met wiih a serious ao;ideut, and a
very heavy loss, by fi e On the '29th e.f Match
last, about 3 o'clock in the morninr, th prison was
discovered to be on fire in the north-east corner of
the buildings; the throes spread with gre at rapidity
in both directions, until all the inside buildings
were nearly consumed, embracing the eastern end
of the main Iron l buiidiog, which contained one
halt of the cells for the confinement of convicts at
night The most energetic effort?, as 1 cm rehab y
advised, were made by the keeper and other effi
cers counected with the prisoD, as well as g-ime of
ti e Gre compnnies of th s city, to am st the devour
irg element, but, from the great scarcity rl water
and other means ncc ssary in sucn an einergi njy,
werejound to be wholly unavailing Tne prison
was set on fire by means of a s ow mitch, which
hid leen con-trnc'ed by two of the convicts the
day before and depoufcd by them in tlenertn-ea3t
corner ot the b tiding, a short ttme beto.e ttiey
were taken by their manager to their cells Ibrcon- j
finement in the evening. The fire, which proceed- 1
td from this s'ow match and which commuuiested '
to the building, was not uiscovered until 3 oVock j
the next morning, as before stated. At an early j
hour after the btiild.ngs ivere consumed and lying i
1 in a pile ot s nioKit g ruin?, tne itspectors ot tbe I
j penitentiary, togetbt r u uh the Governor, had a !
consultation in reference to the tnosteffijitnt slops
necessary to be taken nnder the exisimg circum- '
I stances Tho inside buil,:ing3 were a l ourned I
do n, or nearly so; tool ol every desT.p'ion con- 1
surncrl, or so s. oiled us to make them unfit for tsj. j
Tho convicts, two hundeied zul thirtt -ieven in !
number, were marched and cout.ter-nnrehed ah-wt I
in i'ie yard, fir the purpose ol preventing mutiny 1
or an ontbierk all ot them without employment, j
Willi this state of facts belore them, the Iuspemors j
and the Uovemor at oueoi.eteimir.ed thai it would
be bSf, in view of safely and economy, toprccetd I
wnhout de'ay, to reptir the fundings so that the
convicts could be employed profttab-y, and mcd
more secure at night. They, therefore, conclude d
to borrow a tr.ffi.ient amount of mouey frrn the
various bank3 of this-city, upen their own credit
and responsibility, to relit aud repair the p i-o 1 in
such manner as in'ght be considered absolutely nc-ces-ary.
This course was deemed by the Governor
the most efficient step that could be taken, reca'ice
it dispensed with the necessity of conve-iicg the
Legislature in ex'raordiRary session, which woul 1
cause greit dvhy before anything practicable could
be daue, leaving tlwi who Us institution in a chaotic
and unsafe conditinn The Inspectors', by taking
this c mrse, have done all that the Legislctnre could
li ive practically done in extra session, fcnil by so
doing have saved the cxpetise of au extra segi.n
of the Lgii!atnre, which wuld have been much
gr a'er than the iit'iir amount ntccsstry to repair
ihe penire-nnary.
The.amount of money Joorrowe'd by the Inspec
tors from the vano is anksin this city, upon thtir
own responsibi'ity, and which has been applied to
the refiui'ig and repairing ol tho penitentiary, is
twenty thoiisai.d dolm'S. This sum, it is believe-!,
has bien profitably and e'OonoiniCHlly applied to (he
purpose for which it was borrowed. A statement
ol tho entire cxrer.se, giving all tiieilems in demi',
will be furr.ihed by the ln-pctr3 for your exam
ination. For a m we rr.li.iKe ami eletaded ace- unt
of this whole sffi'r, 1 tcfer you 10 tl e repirt of tho
Inso'Otors, which will heMi'mii'ted to bo'h branch
es of th L-gisImure, 111 a few days.
This tnavy responsibility has been incurred by
the Inspectors, and, by so deng, there has been
aved to the atate many thouiaid tl ltar-; it is,
thnri-forB. 0xnvct.1l that Iho Lens'aiurs Wl I take
nromiit and UTL-ient action tin-m this HiM'c and
relieve the Inspeotors from the heavv rewiioBwbihty
... ., , - ir .1. n 1 1
wri en mey nnve inixirrcti lur in-? reuuing anu re
pairing of the State Prion.
AGRICULTURAL BUREAU.
The Legislature, at Ua last s--sioii. pascd an act
toes,ab!i''U a Sate Agricultural Unrcaii, with conn
tv and district sacratin-ubordinate thereto, &c. By
this cr, the Govt rn Jr cf the StaU was cosi 1 uitd
cx-etficio Prsid't ot the H'weau. TiieBureau tvasor-(.'hii-zhI,
hceordm'4 to law on the20.hday of April,
18oi. Full dotntb of its action will he laid be' Te
yon by the S-ceUry of the Bureau. From his re
port you wilt see that county sooieti? ha-e been
chartered in seventeen cmnties; divhion Fairs
were, last year, held in the Eastern, and Htddle D.-
of th Siito, sad bv tho Snmner Connry au
ci-t;. : and that a new and beneficial Interest im
turn awakied on the subjects of Agricultural Iro-
f nvementi D vision Fairs will. ihiiyealvbehaM
in raeh ojv sion of the State. snJ the Birnn al State
Ftiir fg ow in progres' neir NVhviKe, nnder yotr
own innneiii wp etiort The Aernfu'tnol in
tfieu h3 alvys brrn, and mil probably lougc n
tinue to be, the leading mferer f.f Tennessee It w
wise and proper that it she it d be fostered and en
couraged by ihe Lea sUti r by ah hms mble nJ
Iegi'imMe uienus. I am ot opinion that tne law
cf 1S54 was a wie and saktaiy step in the pro
giess of Agricultural nd ilechanicil improvement
and reform. S iue ht modifictt ons of tbe de
tads e f ihe law have ben Tmnd n cea y.notcon
flictir g wi'b v general scope and pUr-i?to lender
1 it lliotent in 1 3 practical otrations. a Conimit
l tee of the- Bu'eiio, after its Biennitl meeting on tha
second Jlonduy m Ue-ober, wd: swipgest such mod
lfication as may b tbe.u ;ht adi nabl. ; and I doubt
not that such suggestion will receive vnnrc""
I ul consideration. Nature has been prodigal in her
jif'stocur State, abd the rrpreseutauv.-sjot too
jieopte can render no service of greater value to
their cors'ituenls than by affording a judicious- en
couragement to assotiitions havirtj for their ob-
i j-tfit the development of ihe agricultural and minet-
ul weaitn 01 tne ora e, anu 3 umisung me me
chanical ski I ad industry of its wtiZins. Wnen
our people learn tht tt e nee-s,tv for labor is a
b'es ing, ruh.T than cnw; that "be wbocanse?
two blad s of jtrws to grow, wbrre but one grew
Deluxe, is a greater public benefit tor than he who
cocqiers arm.e-j'a- d wnen ho ior. tsini'tandlortnne
may be a oeTUtuly earned in tbt workshop of thn
artissn, as ia ihe effi :es of the Jenrued p o'e-sior,
and m freely accorded by the p .h' c ene to iho
former .s to the liter, then we-hiH ha te lived
down an ethst: e'e in the wsy ot S'a'e progress, a
absurd as it is mjiKioo?.
Iu bringing ibis c immunieaiion to a c'ote, I
cannot lot hear expressing wiih jxu, and, I bop-, '
the who'e ewintry l.eanfelt ga' illations, that all
the elements of prosperity, d sirnrd to make a poo
pie great, contented and happy, continue to exist
in our favored land. Every branch of industry has
been amply rewarded. Oar fields have teemed
with rich and abundant crops, yielding plenty 01
all that is needful for man and feast. Our various
works of internal improvement are steadily and
constantly advancing by the timely and judicious
aid of theState, developing our bii her to hidden
and latent resources and bearing off to the mark
ets of the world, at cheap rates, the mechanical,
agricultural and other products of the country.
Education has also received an impulse by legisla
tion which, it 13 hoped, will be continued, and car
ried out, and cause our State ultimately to take a
p S'.tion upn this suhjjct not inferior to that of
any State in the Union. Under a beneficent and
overruling Providence, we are siiil permitted to
enj y that sacred and greatest ot all privileges, relat
ing to man in social life, civil and religious liberty,
making this one of tbe freest -and hippie t forms
of government on the earth's b'oad surface. An
efficient ami pure administration cf tbe laws, by
all ihe departments of the government, Executive,
Judicial and Legislative, together with a thort ses
s.iqp ot the Legislature, and the enactment of ne
cessary, wise and wholesome lawa, "will also add
to the many blessings which bave been bestowed
upon our favored people, and will meet with their
hearty approval, irrespective of parties, throughout
the Siaie. ANDREW JOHNSON.
WearsaalrwrizedluaasouBceUiename of JOUV,
jlct.Vl OU 1 it cuadkUte Cur ibe ctflce of State Trsu
nrer. octi tf
13 We are aulbrized to announce Dr. A. JOUXSO.V
of White county, as a candidate fur Slate Treasurer.
nct3-ir.
: h, W I' U BLlL A 1 lUiN
JIEJIOIUOFS. S. VJJENTJSS.
W. T. JJEItKY t CO. have just leceived
A MEMOIR OF S. S. rKK.Tfctf, Wiled by hi
Urotber. SruU., 12aio. Clotli. .
JS? Besides tlie Letters, petcliea and Addmuea of
th? lament d Prentiss, tbe Work tonlains many pleisinjf
fieminiicences of him bv Tari.,a eminent gentlemen,
cmorg whom may be mentioned lletry A. "Wise, of 'Vir
ginia, and liailie Kijton, of Califuroia.
W. T. BERRV & CO. bare also juit received
NAILER'S BATTLES OF TUE PENINSULAR. 1
vol. lime. Cloh.
Valuable Bcolis,
Y. T. JJEItKY V CO. hnve just leceived
1. The Legitlitive Guide, 1 toL
2. Complete Works of Daniel Webster, S raL
3. The Works of John C Calhoun. 4 toL
4. Ferrer's Institutes of MeiapbyMc.
5. Keightl- y Mythology ot Greece aad Italy, 1 toL
R. Las duos' Memoirs oTXapeteen, 4 vgL
7. Napoleon at St. Helena U'Meara.
S. Abbott's Life of Napeteon, S Toll.
9 Sbitl's t'le ches of tbe Irish Bar, a vol.
10. Napier's Battles of the Peninsular.
11. Hits of Btarrey. HrJ. ixiclton McSemie.
I'-'. Famiday's Experimental Researches on Electrici
ty, S toIs
18 Priebarn's N'a uml History of Man. 3 toI.
liAYAUD TAl'lOH's JMKW 11UUK 1
A visii to ClilSA, LCO-UUO, and JAPAN, in Ihe year
1958. By Bated TiTioa. Wub elegant Stect !."-praTiojr.-i
1 vol lSuio. cloth.
This vetame is a rrc rdof the AuIIhh's own experience
dating a j ear's travel in the above namtd countries, and
is intended to eeovey an a-eurate idea of the prtstnt
pin Mcl aad kocwI arpect. Tfce r&eulu f ther writer's
ohserv&ttGos aro given in tbe tame delightfully natnnJ
stjltt Tihxti characterizes bis previous turks.
With tlm volume ecd the record of twoandabalfyears
of navel, ffbith was commented in tbe'Jnorney to Central
At'icu,' and contmoed in the 'Lands of tlie Saracen.' Ia
bringing his rk & a c se. the auth- r eannot avoid ex-pre-stntr
bis acioowledwn eat of th tcterest in those por
tions of his nai rati vp already poblbhrd un tntert tt which
his jmnfitd him in tbe fr p-irntH u .f this vilome, and
encouraged him to hope tbai be w.ll sain b- received at
the satne Hresdes tut s po-tip and companion. Dot as a
tri.rv Jzrtntct Jr -m lit J r-jaet.
Just recrtvtn ty
W T. BERRT CO.
The 3Kf c w c o m e s .
W. T. UEUrtV & CO. have jtiit received
TUB NSWUOMES. Mtotrs ol a most Itespedabtcr
Family, hdited by Anlbur Pemlsrai.-, liq. Illustrated.
We think h great mafs of his readers will bear
ns out in our opinion that the Newcomes is not only tb
most agreeable story, but the clereteit book which Mr.
Thackery h is yet contributed for tbe an; us. ment and edi
fication cf the admiring public Tlere never his been a
nobler rkeceh it an tint of tha Colonel. We con uuder
stand bow every individual in the story or out of it rrjoices
to gtic tlw acquaintance of Thomai Newcome. The key
rote X he siory is struck h'gii and sweettn his character,
which is atocee so lolly and chdd-like. fflicttnaTt Ma.
1 anne.
TEil&SSEE MARINE
Fire Insurance Company
$ 15 0,0001
OFFICE North-West Corner of tbe Public Sqnare.
over Dyer Pearl's Xxdiatige Office, They wilt uta
riHKson Dtvellings and 01 her Houses, Goods in Siora
against Iiss or Uumsge by Fire. A1k, Marine and Barer
bozardi, fi u u and to all ports.
ALSO
Negroes iigalnvt the dangers or the IUtrer.
DIRECTORS.
JOU M HILL. JOSEPH VATJLX.
JAMES COKhbV, THOMPSON ALUEBSOX,
(J. M. PXIO. F. A. OWEN,
ALbX. ALLISON, JAMES ELLIS,
R. It. GAIHJ.-.hK, N. K ALLOWAV,
W. S. EAKIN.
JOStPll VAULX, Prei-ident
A. V. ItcrtiB, .-'ecreUry. Biiw otlS tC
THE UmDFiffiENiiS
Insurance Company of Nash,,
ville.
Capital $100,000
Chartered by the State.
Tim. Company is now in success-
nil operation, ana is prepared to
take risks on Buildinrs. Goods.
and Wares and Merchandize, against.
1AS OR DAJIAUK 11 Y FUtE.
Also, on Uoods, W ares and Merchandise ana Cargoes gen
erally, against the Ssas, Riveus, and Imlaxd TaassroxTA-
' tion, upon us lavorable terms as anr Orhce in tbe City.
! OfficNo. 2o,on College street opp.ite the Sewane
House. W.&MATtlliiWS, President.
Jons S. DasniELL, Secretary. ray1. '
ALUIIiN I&TiiATOll'S OT1CK.
ALL those indeoted to the estate of Christiana H-uwr,
dee d- by note, nco u'it, or otherwise, aad those wh
Itd claims o,Mintt said e tat, are hereby notified to til
the same with the Clerk ef the County Owrt or Dav:da
County, ia the Slate of Tennes.ee. ',TB
" PUIi.lI tiAUMI,
Nashville. O2U 5. 'iS Administrator of U. Ikmer.
M. W. KiNOI,
Bell Hanger ,
NO. 18, 11KOADWAY, NASUVILI.E'1'EN:.
' tf To his own h has added the entire stcck nd
tools of tie lata K. Ruckle. octl -tf