REPORT

OF THE COMMITTEE ON FINANCE, RELATING TO THE STATE PRISON.

[REFERRED TO On page 73 of the JOURNAL.]

The Committee to whom was referred a resolution of the Senate, instructing "the Committee on Finance to inquire as to the laws on the State Prison," having given the subject referred to them the consideration which, in their opinion, its importance required, beg leave to submit the following Report:

It will be perceived, by reference to the resolution under which the Committee acted, that they were authorized to send for persons and papers, if, in their opinion, they should deem it necessary to a proper examination of the subject. In order to aid them in coming to a decision on this part of the inquiry, they sought information of persons most likely to be acquainted with the affairs of the prison, and among others, of the Superintendent and one of the Directors; and came to the conclusion not to exercise the authority thus given them.

In deciding on the remaining part of the subject, (to wit) whether an alteration in the existing Laws is necessary, the Committee had little aid, except what an examination of the Reports of the Superintendents and Directors of the Prison, and other official papers, afforded them.

After an examination particularly of the Reports of the Directors, the Committee saw, at least apparent contradictions in the Reports themselves. To illustrate this, the Committee refer the Senate to the Reports of the Directors for the years 1843, 44, and '45. It will be seen by the Report for 1843, table (C.) on the 94th page of the Auditor's Report, that the assets of the Prison for that year were

$26,430 13

And that its liabilities were

13,905 08

Leaving a balance in favor of the Prison, 1st Sept. 1843,

of

12,525 05

By table (C.) found ou the 73d page of the Auditor's Report for 1844, the assets of the Prison are

27,328 35

And that the liabilities are

18,910 82

Leaving a balance in favor of the Prison of

8,417 53

Which, deducted from the balance in favor of the Prison

in 1843, is

4,107 52

On

Being the true expense or loss to the State for that year. page 50 of Auditor's Report for 1845, table (C.) the assets are put down at

29,977 77

And the liabilities in the same table are

27,082 68

Leaving a balance in favor of the Prison of

895 09

To which should be added, for an error in table (C.) caused by omitting in that table the provisions on hand

447 68

Making the balance in favor of the Prison 1st Sept., 1845, Which, deducted from the balance in favor of the Prison in 1844, shows the cost of maintaining the Prison for the year ending Sept. 1st, 1845, to be

1,342 77

7,074 76

By referring to tables (D.) in the Reports of the Directors for the years 1844 and '45, giving the expenditures and income for those years, it will be seen that the loss for 1844 was

1,867 15

And the loss for 1845 was

1,983 06

Making the loss for the two years

3,856 21

And differing from the loss as shown by tables (C.)

7,226 07

Which sums added together make the actual expense to the State for the years 1844 and '45, as shown by the tables (C.), to be

11,182 28

The object of the Committee in making a somewhat detailed Report was, to bring to the notice of the Senate the facts above referred to; and, having done this, they will only observe, that a proper administration of the affairs of the Prison is to be secured, mainly, by a selection of such officers as will bring to its service the capacity and efficiency that are necessary to the success of all private transactions.

The Committee report also the accompanying bill (Senate bill No. 35) which, in their opinion, ought to pass.

DAVIS RICH, for Committee.

REPORT

OF THE ADJUTANT AND INSPECTOR GENERAL.

ment.

SIR:

[REFERRED TO ON PAGE 85 OF THE JOURNAL.]

I have the honor to transmit the annual return from this Depart

The returns of the Enrolled Militia of the several Regiments, as received from the town clerks, are as follows:

From the Uniform Militia I have not received sufficient returns to be

20,031

embraced in this report.

1

It has been ascertained that to the repeal of that provision of the Act of 1842, granting a small annual allowance to the clerks of companies and other officers, whose duty it was to perform the thankless and laborious task of keeping records and rolls, issuing orders, and especially making the returns, is owing the deficiency of nearly one half the returns of the last year. It was assumed, in framing the act of 1842, that if the payment of officers for attending drills, heretofore allowed by the Act of 1837, should be dispensed with, the payment of a small sum, trifling in itself, though inadequate in the aggregate, to certain officers whose duties were laborious, would secure faithful,' correct and full returns, with decided advantage to the State. A provision for the payment of such officers was embraced in that Act, and returns were thereupon received comparatively more full and correct than at any year previous. By the Act of 1843, this provision was repealed; and as a consequence, but a few more than half of the required returns were then made. Of the Uniform Militia, but five returns have been made during the present year. I need not say that this is owing to the fact that no encouragement has been afforded them, either to assemble together, increase their numbers, or to do any duty whatever.

Qualified young men cannot he found to accept the offices, which carry with them arduous duties, little honor, and no compensation. It avails little that there are penalties; if there are none upon whom they can be inflicted. It avails little that offices and duties are created for the benefit of the State, if there are none to be found who will consider it worth their while to accept the one and discharge the other. It is of small advantage that laws are enacted, if no adequate provision be made for their execution. And it has long been too evident to be new, that that part of government is not the cheapest which is not faithfully and well administered, in which its subordinates derive no encouragement, and its superiors feel no pride, no responsibility.

The certainty and perfection of returns, together with the efficiency of the system, depends, more than upon any one thing else, upon the permanency of the laws. It is not so much the kind of law, not so much the perfection of a system, provided it meets the general requirements of a system, as the stability of that law; the uniform operation of that system; as the establishing the basis of permanent principles and steady action. A law setting forth certain prescribed duties to be performed one year, and repealed the next, begets a total want of confidence in the necessity of those duties and a consequent carelessness and neglect in the discharge of them.

An Act guaranteeing certain rights, privileges or immunities, upon compliance with certain conditions, promulgated one year and abrogated the next, has the effect to deter all from complying with those conditions. and consequently from availing themselves of those rights. It is the fickleness of the laws that presents the subject matter of universal complaint. Scarcely are its subjects prepared to carry into effect one systein, before another is substituted; and that in turn gives place to a third, before a fair and impartial trial of its merits.

The instability of the militia laws is undoubtedly owing to a continual and progressive change in the opinions of community, first as to the necessity of much of the time and expense devoted to military duty, and finally, as to the utility of any system of laws whatever. The importance

and value of such a system have seemed to decrease in direct proportion as we have receded from the time and circumstances which have made it the main object and perfect aim of those who established it; as though the farther in the distance we viewed danger, the greater may be our indulgence in relaxing our vigilance. The change of opinion, on this subject, has been so rapid, that it is rather a matter of reproach than of merit, to be wiser than our fathers.

Public opinion has so suddenly germinated in the hot-bed of excitement, and so prematurely borne its fruit, that we have neglected to perceive the region in which it vegetates, and the atmosphere which surrounds it; and with due submission I would say, it becomes us to look back from the fancied eminence upon which we so confidently stand, to the place from which we started.

Indiscriminate and censorious epithets, and ridicule even, have so characterized the language of the day, upon the subject of the militia, that a recurrence to the opinions of those who have gone before us, may teach us a lesson of prudence and discretion, if not of wisdom. If the militia are liable to all the censure for inefficiency and worthlessness which is alledged, we forget who it is that has made them so. They are, and will ever remain, what the government and the people make them to be. They cannot be better than the means so pitifully afforded will permit.

It is indeed adding insult to injury; it is a refinement of cruelty, to point the finger of derision at any class of community for being where we ourselves have placed them. With such degrading views of the inilitia, as unnecessary and nothing worth, as a shadowy and immaterial theory, to scout which is deemed the height of patriotism, and in which to entertain no belief, is the perfection of reason; it may become us to permit public opinion, as it is so brilliantly steaming onward to perfection, to pause amidst the fragments of its systems which it has strewn around it, and let the voice of the past be heard for a moment-whether it be for our self-gratulation, or whether it be for our wisdom.

"The devising and establishing a well regulated militia," says the Father of his country, "would be a genuine source of legislative honor, and a perfect title to public gratitude. And I therefore entertain a hope that the present session will not pass, without carrying to its full energy the power of organizing, arming, and disciplining the militia, and thus providing, in the language of the Constitution, for calling them forth to execute the laws of the Union, suppress insurrections, and repel invasions."

"With the review of our army establishment, is necessarily connected that of the militia. It will merit inquiry, what imperfections in the existing plan further experience may have unfolded. The subject is of so much moment, in my estimation, as to excite a constant solicitude that the consideration of it may be renewed, until the greatest attainable perfection shall be accomplished. Time is wearing away some of the advantages for forwarding the object, which now better deserves the persevering attention of the public councils."

"My solicitude to see the militia of the United States placed on an efficient establishment, has been so often and so ardently expressed, that I shall but barely recall the subject to your view on the present occasion."

"A government," says Gen. Knox, "whose measures must be