first of March next, being $663-amounting for the entire year to the sum of $1,999 22. It will be seen that this sum falls within the limit of the annual appropriation for the survey.

In the performance of the difficult and responsible duty of appointing a State Geologist, I have experienced no little embarrassment from the limited amount of the annual appropriation of $2,000-an amount considerably below that of similar appropriations in other States, and much below the sum previously estimated as necessary for the survey of this State, an amount, however, which I have felt bound to make the immovable limit of all my calculations for the prosecution of the work. I have, therefore, been compelled to restrict the Geologist and his assistants to compensations below those usually allowed for such services, -in regard to which, however, I deem it fortunate that I have been able to secure, for compensations so inadequate, services so efficient and valuable. I am inclined to think that justice to those engaged in the survey, as well as to the survey itself, demands some addition to the appropriation for the service of the remaining two years.

The Geologist will hereafter report to me, as the law makes it his duty to do, an estimate for the expenses of the next year, which I will transmit for the consideration of the General Assembly.

The law authorizing the survey, makes no provision for preserving suites of specimens for any purpose. The preservation of a suite to form a State cabinet being, however, obviously indispensable, I have given orders to the Geologist to that effect. I have received formal applica tions for suites of specimens, from Middlebury College, from the Medical Colleges at Woodstock and Castleton, and from the Troy Conference Academy at Poultney. The obvious importance of having collections of specimens illustrating the geology and mineralogy of the State, to form cabinets in these institutions, as well as in the Vermont and Norwich Universities, has induced me, though without authority of law, to direct the Geologist to make his collection sufficiently large to enable him to furnish complete sets to all these institutions,-in regard to which I confidently anticipate the sanction of the General Assembly, in the small additional appropriation which may be necessary to meet the additional expense.

I am happy to say that a deep and general interest has been manifested by the people, in the survey as it has progressed, which, it is hoped, may be regarded as an earnest of what is to be expected through its entire course. The science of geology, though possessing high practical interest, is but little understood by the mass of the people. I regard it, therefore, as not among the least important benefits of the survey which the liberality of the General Assembly has authorized, that it will awaken among all classes a more general interest in the science, and have the effect of directing the active minds of our people-especially the young of both sexes-to its study-a study so well adapted to discipline, expand and elevate the mind, while it goes forth to investigate and admire the useful and mysterious, the beautiful and sublime of the Creator's works. By a resolution of the General Assembly, passed at the last session, it was made the duty of the Governor to request the delivery by the General Government, of "the four brass cannon, taken by the Green Mountain Boys, from the British at Bennington, on the 16th of August, 1777," and to cause the same when received, to be deposited in the State House. In obedience to the requirement of this resolution, I ad

dressed the Secretary of War on the 21st of January last, requesting the delivery of the cannon. To this I received a reply, dated the 20th of February, saying that, "should the guns referred to be found in the possession of the ordnance corps3, they are among the other trophies of the war of the revolution, and are held as public property of the United States;" and suggesting an application to Congress for an order for their delivery.

In reply to a subsequent communication from me, asking that an inquiry might be made for the purpose of ascertaining the number of the cannon taken at Bennington, then in the possession of the United States, and their location, I received a letter from the Secretary of War, covering a report from the Ordnance Department, by which it appeared that there were, at the United States arsenal at Washington, two brass guns, reported as three pounders, and marked "taken from the Germans at Bennington, August 16, 1777;" and that "no other trophies captured on that occasion are known to be in the possession of the government." Copies of this correspondence, numbered from 1 to 5 inclusive, are herewith communicated to each branch of the General Assembly.

An application to Congress being thus rendered necessary, I recommend such further action as shall be deemed appropriate to effect the application, and render it available.

The necessity of more effectual provision for preventing the evils resulting from the practice of taking unlawful interest, induces me again to invite to it the attention of the General Assembly.

Our laws have long prohibited the taking of interest above the rate of six per centum per annum. All the reasons which have induced the enactment and continuance of the prohibition, obviously urge its enforcement. Indeed it is urged by the additional consideration that habitual impunity to the violation of any law, tends to weaken the force of all law.

If the law is to remain on the statute book, it should not be left without adequate provision for its enforcement. No such provision now exists. The only remedy is by an action for money had and received, or goods sold and delivered, for the recovery of the interest received unlawfully, to be sustained by common law evidence of its payment-a process which experience has abundantly shown, can very rarely be made available. To leave the enforcement of so important a right to the chance discovery of testimony to a transaction, which, from its very nature, is guarded with the profoundest secrecy, is but a mockery of justice.

I submit whether some provision should not be made, which shall give a remedy, better suited to the nature of the case-a remedy which shall find its means of enforcement in an appeal, in some form, to the conscience of the receiver of unlawful interest.

Our connection with the Federal Union, whose power reaches, and deeply affects, our interests, makes it our right and our duty, frequently to review its legislation, and subject its policy, present and prospective, to examination. This duty has never been more imperative than at the present moment, not only on account of the great importance of the questions in issue before the country, but from a consideration of the obvi ous and increasing tendency to a course of Federal administration wholly partizan in its character, and so bent on securing sectional ascendancy, or ministering to purposes of political ambition, as to lose sight, too often, of the just limits of constitutional power.

Since the last session of the General Assembly an important step has been taken towards the annexation of a foreign government to our Confederacy. This has been done by the adoption of a joint resolution by Congress, declaring its consent that "the territory properly included in, and rightfully belonging to the republic of Texas, may be erected into a new State, in order that the same may be admitted as one of the States of this Union." This consent is declared to be given upon the condition that the constitution to be formed by the people of Texas, shall be transmitted to the President of the United States "to be laid before Congress for its final action, on or before the first of January next," and with a provision, among others, that "new States of convenient size, and hav ing sufficient population, may, by the consent of said State, be formed out of the territory thereof, and entitled to admission under the provisions of the Federal Constitution."

To this resolution there was added another, to the effect that if the President should deem it most advisable, instead of submitting the foregoing resolution to the Republic of Texas, as an overture for admission, to negotiate with that Republic, then that the admission might be effected, either by treaty, to be submitted to the Senate, or by articles to be submitted to the two Houses of Congress, as the President might direct.

Upon the passage of these resolutions, the President proceeded to act upon the first, and forthwith submitted it to Texas, as an overture for its admission. Upon the receipt of the overture, a convention was called, which has formed a constitution which has been submitted to the people of Texas for their action on the 13th of the present month. It will probably be ratified, and submitted to the Congress of the United States at its next session for their approval, which is an indispensable prerequisite to admission into the Union.

The question of annexation being thus an open question, the States may, with a view to its final decision, as well as in reference to their duty, upon a possible consummation of the measure, properly subject it to the ordeal of severe scrutiny. I deem, therefore, no apology necessary for inviting to it your particular attention, nor for the expression of my conviction that Vermont should firmly resist every advance towards the consummation of a measure so utterly subversive of her rights as a member of the existing Confederacy.

This meditated invasion of our rights is not to be regarded, or treated, as an ordinary violation of the Constitution, for which there may be a constitutional remedy in the interposition of the judicial power.No judicial power can effectually reach the case. Let the deed be done

the foreign State admitted, and its Senators and Representatives be actually in Congress, and, practically, a decision of the Supreme Court would be powerless. The truth is, the measure is essentially revolutionary. It is a fraud upon the Constitution, and utterly subversive of it-changing essentially our domestic Federal relations, and creating a new union, of which neither the present Constitution, nor mutual confidence will constitute the bond; a union whose only bond will be, the apprehended evils of actual separation, since it is impossible that confidence or affection can exist where there is an abiding sense of flagrant injustice and usurpation.

Much has been said in regard to the "compromises of the Constitu tion" in favor of Slavery and so sensitive are the South on this subject -so tenacious of the concessions wrung from the North, as the price

of the Union, that the bare proposal by the legislature of Massachusetts, to amend the Constitution by abolishing the slave representation in Congress, has been denounced as little less than treason to the Union. But this very compromise carries with it an irresistible argument against the measure of annexation. A slight consideration of the subject will render it apparent, that the compromise securing a slave representation, must have had reference to a union within the then limits of the United States, because it concerned a sectional interest, the adjustment of which in the compromise, must necessarily have had respect to definite territorial limits-otherwise the balance might be destroyed, and the compromise practically nullified, by the addition of foreign slave States, giving to the slave interest an unlooked for and permanent preponderance in the Union.

And such nullification will be the effect of consummating the measure of annexation. The compromises touching the question of slavery will be at an end-as clearly so, as would be one of two dependent and reciprocal obligations between individuals, where the other had been violated.

The truth is, that, at the time of securing the great and fatal conces sion of the slave representation-by whose votes in Congress almost every question affecting the relative interests of the slave and nonslaveholding States, including the question of annexation, has been decided-no thought was any where entertained, of extending the bounds of slavery beyond the then limits of the United States. It was, on the contrary, the universal expectation that slavery would decline, and at no distant period, cease to mar our Federal Union. It was in the spirit of this anticipation that it was declared, in the articles of compact embodied in the celebrated Ordinance of Congress of '87 for the government of the Territory North West of the River Ohio-which passed with but one dissenting vote-that "there shall be neither slavery nor involuntary servitude therein, otherwise than in the punishment of crimes." And what still more strikingly evinces the spirit of those times, and the true bearing of that ordinance in respect to slavery, the preamble to the articles of compact declared, that they were ordained "for extending the fundamental principles of civil and religious liberty which form the basis whereon these republics, their laws and constitutions, are erected."

If it had been asserted in the Convention that formed the Constitution, that under the clause declaring that "new States may be admitted by the Congress into this Union," foreign slave States might and would come in, it is very manifest that the clause would not have been adopted without an express negation of such a construction-much more, that a provision for the representation of three-fifths of the slave population would not have been permitted a place in the Constitution.The fact that such a provision was made is therefore conclusive evidence that the admission into the Union of foreign slave States under the Constitution, entered into no one's conceptions, and would have been expressly guarded against if suggested from any quarter.

It follows that every assertion by the South of the sacredness of the slave representation compromise, is an argument out of its own mouth, that the introduction of foreign slave States into the Union is, itself, a violation of the compromises of the Constitution.-And it furthermore follows, that such introduction of foreign slave States, in effect discharges

the North from its obligation to a continuance of the slave representation -a representation sufficiently onerous when confined to the Constitutional Union, but intolerable when extended to a new Union, formed by the introduction of foreign slave States, for the purpose of perpetuating the dominion of the slave power. Let the South either relinquish the unrighteous advantage of the slave representation, or cease to press for the admission of foreign slave States. To claim both is an aggravation of injustice, equalled only by that of the system for whose support and continuance it is perpetrated.

Equally unjust and absurd is it to claim an execution of the coustitutional stipulation for the surrender of fugitives from oppression, and for protection against domestic violence, while the right is claimed and exercised to augment and perpetuate, indefinitely, the burden of these obligations, by the annexation of foreign slave Štates to the Union.

Slavery, moreover, is an element of weakness, inviting invasion, which the Constitution binds the nation to repel, in whatever quarter it may threaten. How long and to what extent this obligation is to be binding, may hereafter become a question. The advocates of annexation would do well now to consider it; as they would also the question, to what extent there shall be maintained, at an enormous expense, a navy to prevent the coastwise slave trade, destined to acquire unwonted activity under annexation policy.

To these motives for resisting the consummation of the threatened measure, must be added its injustice to Mexico, and the disgrace of perpetrating it, because she is unable to resist. And to render this injustice the more flagrant, and the grasping spirit in which the whole an nexation movement originated and has been conducted, the more manifest, it would now seem, that the Executive is pushing a claim to territory as a part of Texas clearly beyond any limits ever assigned to the department of that name, and not even in possession of the government to whom the overture for annexation has been made.

The impotence of Mexico may be to us an effectual protection. We are probably safe from the injury her sense of wrong may prompt her to inflict. But who shall protect us from the just judgement of an impartial world, or blot the stain of injustice from the pages of our country's history?

In reference to the position sometimes taken, that the action already had upon the subject of annexation precludes us from further opposition to the measure, it is sufficient to say, that no right can be precluded by any action, of the character of that legislation under which the overture to Texas has been made. It is an attempt to annex by joint resclution of Congress the unconstitutionality of which was so apparent that it became necessary to connect with it an alternative resolution providing for annexation by treaty. It was by the union of such an alternative, that conscientious scruples as to annexation by joint resolution were quieted, though the alternative left it in the power of the President to give effect, as he has done, to the joint resolution itself, and thus do the very thing which those scruples would not allow could be done.

We have, thus, a double violation of the Constitution; to which must be added, the fact that the President elect made his appearance at the scene of action and turned the trembling scale, by throwing into it the weight of his incoming official patronage.