Page images
PDF
EPUB

States. I believe I properly appreciate its value, and the delicate position of the State in regard to it and having entire confidence in the honesty of your purposes, I rely upon its receiving from you that consideration and attention it so eminently merits.

There is no part of the State which deserves more your fostering care than the mineral region of Lake Superior. When the canal is completed, its importance will be better understood than it is at present. Stored with metalic wealth, its resources are vast, and only require capital, and that spirit of enterprise which characterises the American citizen to develope them. Complaints are uttered there against the legislation involving their interests, and not without foundation. A wise, judicious and liberal policy should be pursued, and nothing done to cramp the energies of its citizens. It is a new region-at certain seasons of the year, far removed from the rest of the civilized world-and its inhabitants compelled to endure many hardships and privations. Instead of being repelled from us by illiberal legislation, they should be encouraged, and every reasonable inducement held out to others to join them. In the end this will be found to be good policy. Unless all the indications are false, that part of the State will yet prove a valuable acquisition. It becomes you, therefore, to examine the acts passed relating to it, and if any wrong has been done, endeavor to repair it; if further legislation is necessary, give it freely and speedily.

You are required to provide for an enumeration of the inhabitants of the State in the year eighteen hundred and fifty-four. It would be satisfactory and useful to provide for the collection, at the same time, of statistical information. The extra expense could not be large, and the practical results might be productive of much good..

The question of remodelling the law regulating the sale of ardent spirits has been of late much agitated in this State. The existing law has not answered the expectations of its advocates, and is not generally enforced. Every good citizen is in favor of promoting the cause of temperance by all fair and legitimate means. Whatever plan may be devised by you should be well matured. Public opinion should be consulted, and the law adapted to the condition of the State.

The Board of Auditors have the examination and adjustment of

[ocr errors]

all claims against the State, committed to them. Thus far they have faithfully discharged their duties, but their powers are great, and their action should be strictly guarded and severely scrutinized. Besides a record of their proceedings, the Board should make an annual report of all their doings.

Some limit should be fixed to the presentation of claims. A claim once rejected, should not again be entertained. It is almost invariably based on ex parte testimony, and the claimant has a decided advantage over the State. Why not give the decision of the Board the force of a judgment of a competent judicial tribunal?

The State officers are prohibited by the constitution from receiving any fees or perquisites for the performance of any duties connected with their offices. It was not designed to prohibit or abolish office charges, but that they should be paid into the Treasury. Some provision seems necessary to meet this change. I doubt the utility of this entire article of the constitution. The salary to which each State officer should be entitled, ought to have been left to the wisdom of the Legislature. Coming directly from the people, they would not have abused their confidence, but would have adapted the salaries to the services of the officers, and the condition and finances of the State. The people will never refuse to pay a just and liberal compensation to public servants.

To many there appears to be a conflict between the constitutional and statutory provisions in regard to township officers. To prevent confusion, either the statutes should be amended, or a declaratory act passed.

Much inconvenience has arisen from the act "to prohibit the maintaining of suits in equity by judgment creditor's bills, and to provide a law in lieu thereof." The ends of justice would be better subserved by giving the creditor the privilege of proceeding under this act, or filing a creditor's bill, at his own discretion.

The contingent fund at the commencement of the last fiscal year, including $3,000 passed to its credit in February last, amounted to $10,097 98, of which $225 37 has been expended, leaving a balance of $9,872 61. In February next, $3,000 more is to be added to this by law, making the sum of $12,872 61. Of this, $1,000 may be required during the ensuing two years, and the remainder should

be thrown back into the general fund, as there is no necessity in leaving so large an amonnt at the disposal of the Executive.

Notwithstanding the superior inducements for emigration to this State, it has been comparatively small. This is a matter that seriously affects the interests of the State, and deserves consideration. Some steps should be taken to inform the emigrant of our condition, the peculiar advantages possessed by us, and to give such other information as is communicated to him by other of the Western States. There are yet within our limits 25,000,000 acres of land belonging to the general government. Most of these lands are fertile, productive, eligibly situated, easily improved, and cheaply obtained. No State can offer to emigrants more desirable locations and homes.

A strong effort was made to induce the general government to reimburse the State the moneys expended in raising the volunteer regiment for the Mexican war. It has been attended with much trouble and perplexity. Through the vigilance of our delegation in Congress, we have at last partially succeeded; $19,425 of the claim has been allowed, of which $10,500 was retained by the general government to liquidate the interest on the bonds of the State, held in trust by it; and $8,925 was paid by draft. There is still a balance claimed of some $2,400, which I am assured will be soon adjusted. Nothing was done with the asylums for the deaf, dumb, and blind, and for the insane, by the last Legislature. The means heretofore appropriated are said to be inadequate. None of our citizens aremore deserving of your sympathies, and they cannot be too strongly commended to your favorable notice.

If charges are preferred against county or township officers, and their removal by the Governor is requested, and an inquiry into the charges directed, the present law directs it to be done before the county judge. That functionary no longer existing, the duties should devolve upon the circuit court commissioner.

The act relative to the circuit courts provides, that if the circuit judge shall not attend court at any time before six o'clock in the afternoon of the second day of the term appointed to be held, the sheriff or clerk shall adjourn said court without day. This provision has sometimes caused unnecessary delay and embarrassment. There can be no impropriety in authorizing the adjournment to a day when the

judge can attend. It is often impracticable for him to comply with the law as it is, and this change might obviate all difficulty.

A copy of the journals of the Senate and House of Representatives is made by the Clerk and Secretary of the respective houses, after the adjournment of the Legislature, and deposited in the office of the Secretary of State, where it serves no other purpose than to lumber up his rooms, which are now too small. The corrected journals are printed under the supervision of the proper officers and numbers of them placed in the library, where they can he referred to. The written copy is never consulted. It costs the State several hundred dollars, which may be more properly expended, and the unnecessary labor dispensed with.

The growing necessities and increasing business of the State require the construction of new lines of Railroads. This can only be done by general law. I entertain no doubt of its propriety and utility and cannot perceive how the State can be injured by it. Like all general laws, it should be well guarded, and all prohibitions, conditions and limitations expressed in language so simple and intelligible, that ingenious and designing men cannot successfully pervert its true meaning.

A grave question has been recently started as to the power to amend existing charters, to which I will for a moment advert. Corporations may be formed under general laws, but cannot be created by special act, except for municipal purposes. The Legislature may pass a law altering or amending any act of incorporation granted before the adoption of the constitution, with the assent of two-thirds of the members elected to each house; but no such act can be renewed or extended. The only point, now of conseqnence, is whether Railroad companies can be clothed with the power of extending, or very materially diverging from, the line of road already established, and fixing upon terminating points entirely different from those designated by their charters; in other words, can they be empowered to do that which was not designed or contemplated by the Legisla ture granting the charters? No new charter can be granted for any such purpose. If the power can be given to existing corporations, can it not be enlarged so as to permit the whole State to be thus covered with a net work of Railroads, contrary to the spirit of the

constitution? as in that case the provision for a general law would be rendered unnecessary. There is no doubt the Legislature can increase and enlarge the present powers of these corporations, so as to enable them the more effectually to accomplish the original object of the grant; but can they confer powers which have in view objects far beyond the conception of the grantors of their charters? The provisions of a charter may be defective, or inefficient, and will not serve the purposes originally intended or designed, and here there may be no constitutional objection to an amendment which will aid the corporators in accomplishing this. But is there not room for strong doubt, whether you can go beyond this limitation, and grant to the corporators what you cannot bestow upon any other body of men, the power of extending the line of the road fifty, one hundred, or a thousand miles, or totally changing the terminating points, contrary to the tenor, effect, and design of the original charter? Is it not virtually granting a new charter? The provision of our constitution touching a general law appears to have been copied from the constitution of the State of New York, but the latter authorizes the Legislature to create corporations by special act in cases where in their judgment, the objects of the corporation cannot be attained under general laws. This places it entirely in the discretion of the Legislature. There is no such provision in our constitution. My reflections have led me to doubt, whether any such amendments, as will radically change the charter, can be made without militating against the provision for a general law. But as the object can be so easily attained under a general law, is it expedient to resort to a doubtful power to accomplish the same thing?

You are authorized to pass a general banking law, to take effect. when approved of by a majority of the votes of the electors of the State, cast thereon, at a general election. The constitution makes the officers and stockholders of every institution under such law, individually liable for the payment of its debts whilst they are officers or stockholders. It requires securities to the full amount of the notes or bills registered, in State or United States stocks, bearing in terest, to be deposited with the State Treasurer for the redemption of such notes or bills, in specie-the bill holders to be preferred in payment—and it prohibits, in all cases and under all circumstances, the suspension of specie payments. These are considered salutary pro

« PreviousContinue »