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pitulate that which I felt it my duty to communicate on a former occasion. There are, however, considerations which impose upon me the necessity, not only of presenting a second time for your deliberations, such subjects as were then submitted, and which did not receive your final action, but to make such additional recommendations as the progress of subsequent events, in connection with the administration of the Government, would seem to demand.

It will not have escaped your recollection, that during your late session, a law was enacted organizing the Circuit Courts of the State, and the subsequent election of such officers as were deemed necessary to carry into successful operation this department of the government. Situated as we then were, upon the threshhold of our political existence as a State, with but few of the advantages of experience in legislation, and not fully aware of the necessities of the government; encountering all the difficulties and embarrassments which such a state of things is calculated to produce-it will certainly be no reflection upon the wisdom or intelligence of the Legislature, should experience have shown the impracticability of, at least, a portion of your measures. In relation to the law in question, it will be recollected that a provision was incorporated, which is familiarly known as the alternating system, in regard to the holding of the Courts by the Judiciary, under such restrictions as are therein imposed.Subsequent and more mature reflection has led me to doubt, whether or not this provision can be carried into successful operation, so far at least as to render the system permanently useful. The great extent of our territory, together with the uncertainty and difficulty of access to the Southern Circuit, would seem to suggest the propriety, and even the necessity of exempting this division of the State from the operation of that clause of the act. Should this or any additional modification be deemed advisable, it is submitted to you, with the conviction on my part, that such defects (if any) as your deliberations may suggest, will be promptly removed.

In addition to the remarks submitted to you in regard to this department of the government, your attention is invited to the 8th section of the 5th article of the Constitution, which provides "That the General Assembly shall have power to establish and organise a separate Court or Courts of original equity jurisdiction; but until such Court or Courts shall be established and organised, the Circuit Courts shall exercise such jurisdiction." A thorough conviction of the necessity of such a separate jurisdiction to perfecting the Judicial department of the government, doubtless produced the provision in the Constitution which invested the General Assembly with such discretionary power.

Whether the necessity now exists, for the exercise of such power, is a matter for you to determine. It certainly cannot have escaped the observation of all, who have been in any way connected with the administration of justice within the State, of the impolicy of that part in the present system, which makes it the duty of the Judge of the circuit court of common law, to officiate also at the same time as

Chancellor. The result has heretofore been, (and that, too, from necessity,) that suits in chancery have been subjected to protracted delay. In truth, under our present system, parties litigant may be said to be without proper means of redress, in equity cases. Under such circumstances, it is a matter which recommends itself to the intelligence and sound discretion of the representatives of the people, whether having the power to remove this grievance, (if it be one) such power shall be exercised.

sense of

In making this recommendation to the General Assembly, it can hardly be supposed, that I am unadvised, as to our limited means for the support of the government; and, that a proper regard for the interests of the State, and the prosperity of the people, demands a rigid economy; and the recommendation of such measures only, as our urgent necessities may require; yet, with such admonitions, and with that deep concern for the welfare and prosperity of the State, which individual interest and my obligations to support the Constitution ought to inspire-believing, (as I most certainly do,) that the establishment of such a jurisdiction, apart from the common law courts, is indispensible to the administration of justice, a duty to my fellow-citizens, and to myself, prompts me to submit. the subject to your attentive consideration. Nor can I permit myself to suppose, that the comparatively inconsiderable amount which may be found necessary for its proper and efficient organization, will have any great influence to prevent the adoption of a separate equity system, if it is deemed necessary in the proper administration of justice. Practical, well directed economy, is indispensably necessary to the healthful action of all governments, based upon the sovereignty of the people and equality of rights; yet, economy in such a government is no longer a virtue, when it comes in conflict with our dearest rights—the right to the administration of justice, "without sale, denial, or delay." As a means of defraying the expense of such additional court, I would suggest that each complainant in chancery, on filing his bill, pay a fee, of not less that five dollars to the State, to be applied to the payment of the Chancellor's salary; which, it is believed, will pay the expense of the court.

A revision of the criminal laws of the State, will doubtless, also, claim a share of your legislative labors, and receive such modifications or additional sanctions, as you may deem necessary for the security of all, in the full enjoyment of their rights. It is to be regretted, that either from defects in our penal laws, or from a remissness in their administration, perpetrators of crime, have on some few extraordinary occasions, by summary measures, not sanctioned by the laws, suffered the penalties which retributive justice, legally administered, may have awarded. Such usurpations, not only of legislative, but judicial powers, and that too, by those whose passions and feelings (for wrongs received) may be supposed to have prompted them to the usurpation of those high prerogatives, however they may be palliated by the enormity of the offence, are nevertheless direct viola

tions of the cardinal principles of the social compact, eminently conducive to social disorder and anarchy, and destructive of those rights which happily for us, no department of the government has the pow. er to suspend, the right to trial by jury, and the right to refuse to answer any criminal charge, but by "presentment, indictment, or impeachment." Whether such irregularities are properly chargeable, either to the legislative or judicial departments of the government, or to the resentment of an insulted and injured community, the existence of the facts, as fearful precedents, for a future redress of wrongs, should stimulate all in authority to a vigilant and impartial discharge of their respective functions. It may be laid down as an undeniable proposition, that judicious laws, faithfully and impartially administered, without favor or affection, hatred or malice, will ever supersede the necessity of a resort to such summary measures as have neither the sanction of the law, nor the approval of unpreju diced, dispassionate reflection.

The act which provides for the election of Justices of the Peace, it is suggested, will require some additional provisions, to obviate an omission, which it is presumed escaped your attention, in regard to the filling such vacancies as may have happened, from a failure on the part of the people to make an election, in conformity to the provisions of the act.

Agreeably to the provisions of the Constitution, and in obedience. to the act, which provides for taking the census of the population of the State, within the current year, preparatory measures for perfecting this desirable object, were promptly adopted immediately after your late adjournment, by agents elected for that purpose, and such aid afforded them by the proper departments, as will, it is hoped, insure the success of an act of justice to a large portion of our fellowcitizens, whose rights, under the existing apportionment, are so seriously affected, and for the redress of which, by prompt legislation, your attention is respectfully invited. The report of the Secretary of State, herewith transmitted, contains a compendium of the the returns which have been received, with a comparative statement of the census of 1840; to which document you are respectfully referred.

The present improved condition of the Public Library when compared with its late ruinous and unsightly state, is such as to furnish conclusive evidence of the faithful execution of that law in that respect; and of the prompt and efficient services of the Agent of Government selected by you for that purpose.

It is impossible for me to form an accurate estimate of the practical effect of your legislation at the late session, upon the taxation and revenues of the State; as the returns from its more remote sections have not as yet been made; but from the data now in my possession, the probable nett amount of the revenue, may be estimated at thirty five thousand dollars; an amount it is believed inadequate to the wants of the government for the current year, however economical

ly administered. Should this estimate eventually prove correct, it is believed, your high regard for the credit of the State, will readily prompt you, either to assess a larger amount upon such property as has heretofore been taxed, or to select such additional subjects of taxation, as when equitably assessed, will meet the deficiency, whatever it may be. To this end, therefore, I would respectfully recommend the propriety of a Capitation Tax, and if necessary, an increase of the land tax; which it is believed may be enlarged, without violating the letter or spirit of the Constitution, which requires equal and uniform taxation. I would also suggest the propriety of laying a tax on all suits at common law, to be collected and accounted for in the bill of costs, or in such other way as to you may seem most expedient. As doubts I learn, are entertained as to the true intent and meaning of the section, in the act passed at your late session, "to raise a revenue for the State," which imposes a tax of twenty cents, on every hundred dollars value of bank stock; this subject is again submitted to you, for such legislation, whether explanatory or otherwise, as you may deem necessary.

The subject of taxation is one, on which the public mind is ever justly sensitive, and one which the people ever scrutinize with that care and circumspection, which the importance of the subject justly demands. It is the price which they contribute for the protection of their rights. Common justice would seem therefore to demand, that when the government throws the shield of its protection over all, all should contribute in proportion to the protection which they receive. But above all, have they a right to require not only of their immediate representatives, but of all their other public functionaries, the proper and legitimate application of the fund thus taken from their earnings; and that the amount imposed, should under no circumstances exceed the necessary expenses of the government, administered with rigid, but well directed practical economy. The propriety, and even necessity of economizing the expenditures of governments, are generally conceded; yet unfortunately, it rarely happens that a proposition, the truth of which no one questions, and which all admit to be necessary and proper for the sound administration of republican governments, should seldom be demonstrated by practical experiment. It is with governments as with individuals-by ceasing to incur new debts, and applying its surplus income to the discharge of those already contracted, and by a rigid economy in its money transactions, any financial revulsion, or pecuniary embarrassment (which in most instances may be justly attributed to a recklessness of debt, and a prodigality of resources,) will under the influence of practical economy soon give place, to renewed incentives to industry, enterprise and prosperity.

The reports of the Public Treasurer, and Comptroller of public accounts, will accompany this communication; to these you are respectfully referred for more definite information, in regard to the finances of the State.

In connection with the revenues of the State, I would recommend

to your consideration the propriety and expediency of regulating by law, the use by non residents, of the valuable Fisheries on the coast of this State. That this important property belongs to this State exclusively; and that non residents have no right to use it, except on such reasonable terms as the Legislature of this State may decide, are questions too clear to be disputed.

Finding upon examination of the archives of the Territory, the Legislature at the Session immediately preceding our admission into the Confederacy as a State, upon the report of one of the Standing Committees of the House of Representatives, adopted resolutions requesting the Executive to endeavour to procure information from the Federal Authorities at Washington, and the Consuls of the United States in Cuba, and other portions of the West Indies; and learning, that the resolutions remained unexecuted, I addressed a communication to the Hon. Mr. Buchanan, Secretary of State of the United States, enclosing him a copy of the report and resolutions; and asking his aid as therein indicated. That letter and his reply, are herewith communicated to you, by which it will be seen, that he has instructed the United States Consuls, at Havanna, St. Jago de Cuba, Nassau, Trinidad de Cuba, Kingston Jamaica, Turks Island, and Matanzas, to write to me in relation to this subject, and give me such information as they could obtain, which will enable the authorities of this State, to act with a full knowledge of the facts. When their answers shall be received, they shall be laid before you. In the meantime, I would suggest the policy of a careful consideration of the laws, relating to these fisheries, and the adoption of such measures as will secure the benefits thereof, to the State and its citizens.

On the 10th of September last, I addressed an official communication to the President of the United States, enclosing an authenticated copy of the printed Acts and Resolutions of the late Session of the General Assembly, and requested his attention to the Act, "declaring the assent of this State to the terms of admission into the Confederacy and Union. A copy of his reply is herewith laid before

you.

By the second section of an Act of your late Session, it was made my duty, to take the proper steps, to obtain from the Treasury of the United States, the money to which this State is entitled, under the provisions of an Act of Congress, approved 23rd July, 1836, "entitled An Act to regulate the deposits of the public moneys, and to deposit the same, in some safe place of custody, subject only to the order of this State, until further directed by the General Assembly." In discharge of the duty thus assigned me, on the 14th of October last, I addressed a communication to the Hon. R. J. Walker, Secretary of the Treasury of the United States. To this letter, no reply, has as yet been received. Should I receive one during your present session, it shall be transmitted to you without delay. A copy of my letter on this subject is herewith enclosed.

On the 27th October, I addressed a letter to the same Department,