The benefits between the banks and the people should be reciprocal. There would be no apology for granting to capitalists the privilege of associating for banking purposes, were we not fully satisfied, that, at the same time, we were conferring an equal benefit upon the community, among whom a bank may be located, by affording facilities for loans, at a reasonable rate, to such as take the property of the neighborhood to market and furnish it with merchandize in return, or to such as add labor to the raw material, and thus render the property of the country a more valuable, as well as more marketable commodity.

Entertaining these views, should this subject come under your consideration, it might naturally be expected that I should ask for them a candid and dispassionate examination. In the absence of all party feeling and every improper bias, the inquiry should be, does the active business of any particular section, asking for the establishment of a bank, need its accommodation? Are there capitalists, who will make investments of the stock?

If the affirmative be true, still we shall have made but a profitless improvement of the example of our predecessors and neighbors, if, when we adopt such salutary restrictions as will effectually secure the public from loss, we should impose such unreasonable and excessive restraints as shall prevent that public from enjoying the benefits of the system.

Copies of resolutions, passed by the Legislatures of several of our sister States, upon various subjects, have been received by me since the adjournment of the General Assembly. In compliance with requests by which they were accompanied, they will be laid before you.

No subject embraced in them is of so grave import, or involves principles so alarming in their character, as those from the state of New Jersey. One of the sovereign states of the Union has been deprived of her constitutional rights. Her Representatives, presenting the ever before undisputed and legal evidence of their election, have been refused seats in Congress. Not from any failure on the part of the freemen to elect; not from any fraud or neglect of the Executive of the State to furnish the usual and legal evidence of the result of such election; not through the omission of those holding that evidence to present the same to Congress; not in obedience to any law or precedent, which has heretofore

1

been considered binding in like cases, but in startling violation of all law and constitutional right, and a reckless disregard of all precedent.

Whatever motive may have influenced the decision of the majority in Congress on this question, still, in a history of the times, it will be difficult to consider it apart from the fact, that the matter was prematurely, and for the time being, settled, during the pendency of a favorite, executive and partisan measure; a measure, which all parties admit, is to exercise an important and controlling, if not destructive, influence on the pursuits and prosperity of the country.

This invasion of the constitutional rights of a State is the more dangerous, from the fact, that it was perpetrated by a body, over whom the injured party can have no control, and before whom it can neither make known its wrongs nor seek redress, except by sufferance.

From the practice, in regard to contested elections, which has prevailed from the foundation of the government until the last session of Congress,little danger could be apprehended. For there is no occasion to fear that any permanent wrong, either public or private, can grow out of any fraudulent or unlawful act of the state authorities, in cases of this character, as the actors, by our frequent elections, are so often brought before a tribunal, from which there is no appeal, and whose reproof few would be willing to encounter. Our pres ent form of government has more to fcar from undue assumption of power by the several branches of the General Government, than from any other source. It behoves the States, therefore, as they prize our liberties, to regard with watchful vigilance every approach to the usurpation and exercise of power not delegated by the constitution.

Through the politeness of the Trustees of the "Vermont Asylum for the Insane," a copy of their fourth annual report has been placed in my hands. A lasting debt of gratitude is due to the philanthropic individual, whose liberal bequest laid the foundation for this humane institution. The numerous applications for admission show the wisdom of the legislature making the appropriations which enabled the trustees to open their asylum with the least possible delay.

Many of the patients have been already restored to reason, to their families and to usefulness, and they will ever have occasion to revere the memory and liberality of their

benefactor, as well as the enlightened policy which opened this comfortable retreat. Sound policy and humanity alike require that the establishment be enlarged, whenever its present accommodations shall be found insufficient to meet the wants of the whole of this unfortunate class of our fellow

men.

The report of the Superintendent of the State Prison, and the report of the committee, appointed by the last General Assembly to make a contract on behalf of the state for the labor of the convicts, have been furnished me, and will be laid before you at an early day. It will be perceived that the committee failed to accomplish the object of their appointment. The Superintendent, on the expiration of the contract with Mr. Hubbard in March last, found himself unexpectedly obliged to make immediate provision for the support and employment of the convicts. This was done, and the report shows, that for about six months, ending on the first day of October instant, there has been an actual income to the State of $499,99, after paying all expenses on account of the prison, including the sum of $568,94 for repairs, nearly all of which were for improvements of a permanent character. This result, flattering as it is to the Superintendent, certainly appears to exhibit the practicability of having the affairs of the prison managed by its immediate officers, without incurring pecuniary loss. If the legislature should be satisfied that the present prosperous condition of its affairs can be maintained, it would certainly appear more consonant with the dignity of the state, to keep the management of its prison concerns under the immediate control of the officers of this institution, than to pursue the policy of farming it out by contract, as proposed by the law of last session. The subject of improvement in the prison buildings, has been repeatedly brought to the notice of the legislature, by the Superintendent, and, since this institution must probably remain as an appendage to our criminal jurisprudence, so long as crime is found among us, any additional buildings, or repairs upon those already erected, if within the bounds of necessity and frugality, could hardly be regarded as a waste of funds.

The report of the moral condition of the prisoners is alike gratifying to humanity, and honorable to those who have the immediate charge of the institution.

The annual reports of the several state officers, which are

required by law to be made to me, will be laid before you as early as possible. Any other subjects, which it may be necessary to communicate to you,during the present session, will be presented in special message.

That distinguishing feature in democratic governments, rotation in office, has always been esteemed one of the most efficient safeguards of the purity of our free institutions. Having long entertained the opinion, that the public have a right to command the services of its citizens, in any station in which they may be considered necessary or useful, and that private convenience should always give place to the public will, I have never permitted my personal preferences to interfere with what seemed the public voice. Permit me, however, on this occasion, to say to you, and through you, to my fellow citizens generally, that my desires and wishes are, that they will select some other person to fill the place in which I now am, after the present political year.

Our frequent elections afford opportunity for an expression of the estimate, placed by the people, upon the services of their public servants.

I cannot sufficiently express the profound sense of obligation felt towards my fellow-citizens, for their having so repeatedly elected me to the responsible station of Chief Magistrate of the State. And the recent flattering manner in which they have been pleased to express, anew, their approbation of my humble efforts in their service, has greatly increased my obligations; for no circumstance can be more gratifying, than to meet this unequivocal evidence of the public confidence.

In conclusion, fellow-citizens, I cheerfully tender you my assistance, in whatever you may advance, destined to promote the general welfare; and may that ALMIGHTY BEING, without whose aid all our efforts are vain, so assist us, that we shall ever possess the consciousness of having faithfully discharged our duty. S. H. JENISON.

EXECUTIVE CHAMBER,

Oct. 10, 1840.

Mr. Foster iutroduced the following resolution:

Resolved, That the Secretary of the Senate be instructed to procure to be printed, for the use of the Senate, three hundred copies of His Excellency's message.

Which was read and passed.

Mr. Miner, from the committee on rules, reported the following, which were adopted as the

RULES OF THE SENATE.

1. The credentials of Senators shall be presented to the Secretary or Assistant Secretary, previous to nine o'clock in the morning of the second Thursday of October, at which time the Senate shall be called to order. The names of the Senators shall be called over, and when a quorum shall have taken their seats, they shall, having first taken the necessary oaths, on nomination of the President, appoint a canvassing committee, consisting of one Senator from each county, to join such committee as the House of Representatives may appoint, whose duty shall be to receive, sort, and count, the votes for Governor, Lieutenant Governor, and Treasurer, and make report thereof to the joint assembly of both houses.

2. The Senate shall meet every day (Sundays excepted) at 9 o'clock in the morning, and 2 o'clock in the afternoon, unless otherwise specially ordered.

3. The President having taken the chair, and a quorum being present, the journal of the preceding day shall be read, and all errors therein corrected.

4. In case no quorum shall assemble, within fifteen minutes after the time to which the Senate was adjourned, those present shall have power to send the Sergeant-at-Arms, or other officer, after the absentees, and compel their attendance.

5. Whenever the Senate shall assemble, according to adjournment, or at the commencement of a session, and the President shall be absent, it shall be the duty of the Secretary, if present, if not, of a Senator, to call to order; and the Senators present, if a quorum, shall, by ballot, elect a President pro tempore.

6. No Senator shall be absent without leave, unless he is sick, or otherwise necessarily detained.

7. No Senator shall audibly speak to another, or otherwise interrupt the business of the Senate, while the journals or other public papers are being read, or while a Senator is orderly speaking in debate.

8. Every Senator, when he speaks, shall, standing in his place, address the President, and when he has finished, shall sit down.

9. No Senator shall speak more than twice on the same question, without leave of the Senate; and Senators who have once spoken, shall not again be entitled to the floor, (except for the purpose of explanation,) to the exclusion of another who has not spoken.

10. In all cases, the Senator first arising and addressing the President, (subject to the restriction of rule 9,) shall be entitled to the floor, and when two or more arise at the same time, the President shall name the one who is to speak.

11. When a Senator shall be called to order, he shall sit down, and every question of order shall be decided by the President without debate, subject to an appeal to the Senate.

12. If a Senator be called to order for the words spoken, the exceptionable words shall be immediately taken down in writing by the Senator calling to order, that the President may be better enabled to judge of the

matter.

13. The first hour of each morning's sitting may be devoted to the reception and disposal of petitions, memorials, remonstrances, motions, resolutions, and the introduction of bills; after which, the orders of the day,