people of the Territory, at an early period, on the subject of taking such measures, as might be deemed expedient, for the admission of Wiscousin as one of the independent States of this Union. Elections will be held throughout the Territory, on the first Mon. day of August next, for members of the House of Representatives, and I would respectfully suggest to you the propriety of passing a resolution recommending to the qualified electors in the Territory to determine by their votes, cast at that time, whether they are for or against the organization of a state government. The subject will then be fairly presented to the people, and they can decide for themselves

The laws passed at the annual and adjourned sessions of the Legislative Assembly, have been but for a short time promulgated throughout the Territory, and the people cannot have had the opportunity to understand how far they are applicable to their situa tion and wants. But one term of the district court has been held in any one county, since their distribution. It appears to me, there. fore, that as few changes as possible are desirable at the present session, and only such should be made as the public interest imperiously requires. At the next session of the Legislative Assembly, the practice of the courts, as well as the administration of the laws, will enable the Legislature to ascertain the deficiencies and to apply the proper remedy, by a repeal or modification of such of them as are not suited to the wants and condition of the people.

I would respectfully recommend to the Legislative Assembly the propriety of memorializing Congress, for an appropriation of thirty thousand dollars, for the erection of a penitentiary in this Territory, to be located at such point as may be designated by the Legislative Assembly. The spirit of the age we live in, as well as the humanity of our laws, are opposed to capital punishments except in cases of the highest grade of crime. The establishment of a penitentiary would secure the community against the aggressions of the depraved-be the means of punishing the guilty-and operate as a salutary example in deterring others from the perpetration of crime. Solitary confinement at hard labor

would have a greater effect in preventing the violations of our penal laws than any other means that could be devised; and, by leaving the convict to his own reflections, would have a good effect, in reclaiming him from the error of his ways and restoring him to the path of rectitude. Constant employment, and entire separation from evil communications, might be the means of its accomplish

ment.

Since the organization of the Territorial government, persons, convicted of crimes of a high grade, who merited punishment at hard labor, have been pardoned on the petitions of the citizens of counties where the offences were committed, who stated that the expenses incurred for the safe keeping of their convicts would be burthensome in the extreme to the inhabitants of those counties, without their being able to derive any advantage from their labor during confinement. From the generous donations made by Congresss for the erection of the Capitol of Wisconsin, we may reasonably expect that the same liberality will be extended to us in making suitable appropriations for the erection of a penitentiary.

I would respectfully invite the attention of the Legislative As. sembly to the embarrassed state of the currency in this Territory. It is a fact well known that the constant drain of specie, in payment of the public lands, has rendered it impossible for those who are indebted, to procure the constitutional currency to enable them to pay their debts, and unless relief is granted by the Legis. lative Assembly, the ruin of many is inevitable. The State Bank of Illinois, and its branches, have suspended specie payments, and the Mineral Point Bank, (the only banking institution now in ope. ration in the Territory,) does not discount any paper at present.

A forced sale of personal property, under the existing execution laws, would not only deprive the debtor of the means of sup port, but in many cases prevent the creditor from a recovery of his debt. If the present execution laws were so amended as to give a stay of twelve months on an execution, upon 'the defendant entering into such security as would be approved by the court, it does seem that no injustice would be done to the plaintiff. In legislative action between debtor and creditor a due regard should

be had to the rights of both. In numerous instances the forced payment of a prior judgment would deprive the debtor of the means of discharging other just demands. I have deemed it an act of official duty to present these views, on an important sub. ject, for your serious consideration.

I would respectfully recommend to the Legislative Assembly, the propriety of taking such legal measures as they may deem nececessary, (by the appointment of a Committee, or otherwise,) to ascertain the true state and condition of the Bank of Mineral Point, and to report thereon during the present session. This bank is the only one now in operation in our Territory; and, from the great scarcity of circulating medium, added to our present pecuniary embarrassments, it becomes the duty of the public functionaries to guard with the utmost viglance the rights of the people against bank abuses. The principal currency of the Territory, for nearly two years, was in the notes of the bank of Wisconsin, which, it is said, are now purchased at a discount of from fifty to seventy per cent. Banking institutions generally commence their operation in great (apparent) good faith--until they have gained the confidence of the people--and then expand or contract their issues as will be most conducive to their own interests; and, it is not uncommon for a bank failure to take place, when least expected by the people. The experience had in banking operations in Wisconsin, should admonish the representatives of the people of the necessity. of carefully securing their constituents against a recurrence of similar events.

It is contended by many, interested in bank charters, that they are out of the reach of legislative control. This doc. trine, held and maintained, would be subversive of the dearest rights of the people, by a submission to the banks of the entire control of the currency during the existence of their charters. Banks were instituted for the benefit of the people, and should at all times be thrown open to the scrutiny and examination of the proper authorities. The history of corporations unequivocally demonstrates that men, in their corporate eapacity, will do acts which they would not perpetrate as individuals.

Their proceedings are generally in secret, and their responsibili ties are divide 1. And from the nature of corporations a spirit of favoritism must exist. They are associations to which are given the possession and enjoyment of privileges which men are debarred from exercising in their individual capacities. The exclusive powers, conferred on them by legislative action, are drawn from the people, and in proportion to the number of incorporated companies, will the people in their individual capacities be deprived of their rights. I am not opposed to well-regulated banks. Properly conducted, they facilitate exchange, and frequently enable the industrious merchant and mechanic to carry on his business to greater advantage. They also afford a safe and profitable investment for the money of the capitalist, and, if prudently managed, must be useful to the community. It must be admitted, however, that monied associations are not republican in their tendency, and when used for purposes of speculation, have a withering influence on the best interests of the great mass of community. Monopolies of every kind should be put down, and all corporations strictly confined to the privileges plainly set down in their charters. The exercise of their powers, being in derogation of individual rights, should never be extended beyond the plain letter and spirit of their acts of incorporation. If they are permitted to leave their legiti mate business of banking, and to enter the field of speculation, by dealing in the staple commodities of the country, their capital would always enable them to prostrate individual enterprize, and to monopolize every description of business. While we should carefully guard the rights of associations, we should not forget that the great mass of the community have also rights, and that the welfare of all depends on their maintenance.

The Commissioners, appointed under the act of the Legislative Assembly, approved March 8th, 1839, to superintend the completion of the Capitol, have made a report thereon, which is here. with submitted. It appears therefrom that a settlement has not yet been effected with the former board of Commissioners and their Treasurer. The present board, however, it would appear, have done every thing required of them, by law, in the discharge of the

duties of their appointment. The appropriation by Congress of forty thousand dollars, for the erection of the Capitol, was a liberal donation on the part of the government, and it is due to the peo. ple of this Territory, (for whose benefit the donation was made,) that proper measures should be adopted to ascertain what disposi tion has been made of that part of the appropriation which has not been accounted for.

I respectfully recommend to the Legislative Assembly the propriety of again memorializing Congress, asking for suitable appro. priations for the improvement of the navigation of the Fox river of Green Bay, the Wisconsin, Rock, Pekatonika and Platte rivers, and the River of the Four Lakes. In my last annual message I suggested the propriety of asking donations in land for this purpose. From the extent of the grant in land, made by the govern. ment to aid in opening the Milwaukee and Rock river canal, I consider that donation as establishing a precedent that would have a favorable bearing on the action of Congress, in the granting of similar donations for the improvement of the rivers above named. The practicability of their improvement by the means of small appropriations from Congress is very apparent to all who are ac. quainted with the great natural advantages and facilities of the country through which they flow.

The improvement of the navigation in the Fox and Wisconsin rivers, and the completion of the canal connecting them together, near the Portage, are objects of the first importance to the future growth and prosperity of the Territory. The accomplishment of this would at once open a direct communication between the Mississippi and Lake Michigan. The rich and fertile lands bordering on these rivers, would be speedily settled and cultivated by the enterprizing immigrant, and a direct and sure route to the eastern markets would be afforded for the lead manufactured near to the Wisconsin river besides, the public lands would be greatly enhanced in value, by the formation of extensive settlements, which would materially add to tl e prosperity of the town of Green Bay, as well as to the growth of the whole country lying between the Mississippi and Lake border.