®l)e American Volunteer. PUBLISHED EVERY THURSDAY MORNING BRATTON Sc KENNEDY, orrHS^ o1 ™ MARKET fl(|€ABE. \ ermb Two Dollars per year U paid atrlcliy u advance; Two Dollars and Fifty Cents If paid W lthia three months,; aftor which Throe Dollars will bo charged., Those terms will bo rigidly ad bored to lu every instance;, NO subscription dis continued until all arrearages are o,ald, nnless a the option of the Editors. GOVERNOR’S MESSAGE lb the Senate and House of Sepresfinta- tiyee of the Commonwealth of Penn'a. ; —GentleMEN':—You have, for nseaaon, separated yourselves from private busi ness. and ipersqnal interests, and come, from -dlflerent sections of the State clothed with the powers of more than three and a-half millions of free, intelli gent and' independent' people, to serve them In your representative capacity ; and to determine upon public affairs, In such manner, it Is hoped, asmay deserve the blessings- of God and the* gratitude of men. It Is becoming, therefore,,to ad vance to /these duties with minds un tainted, with party acrimony, unswayed by selfish or, interested motives, and with fervent aspirations of praise and gratitude to the Great Preserver .of na tions,’ states and Individuals, and to mingle our bumble and devout suppli cations for His guidance and approbation in the accomplishment of the task as signed. I am not Insensible to the magnitude and importance of the subjects before me, nor to the, responsibilities Imposed ; and approach them with diffidence and misgivings, conscious that some of them require more extended research than time and space could be,allotted to their elucidation. In compliance with the duty • pre scribed by the Constitution, I transmit, for your information and that of the peo ple, a statement of the condition of the finances, schools, military and other matters of interest, with recommenda tions of such measures as are, deemed of sufficient importance to be presented for your consideration. FINANCES. • After thorough examination of the re ports from the accounting departments, the following statement is submitted : Receipts. httlnneo In Treasury, Nov. 80.1870.... 51,302,9 42.82 Ordinary receipts during tho fiscal year ending Nov. SO, IWI 0,489,231 95 Extraordinary receipW from the U. S. Government, on account of Pennsylvania war claims, applied to the payment of tho State debt... 703,710 (}7 Total In Treasury - during year ending Nov. 80, 1871 88,800,888 44 Disbursements'. Ordinary expenses paid daring year -ending - Nov. 80,1871 53.018.819 Loans, redeemed 2,220,224 o 9 Interest on Loans 1,785,035 91 ec Total Disbursements ——S 7,024,070 85 Balance In Treasury, Nov. 30,1871 81,470,808 09 Public Debt. tsi.ni.nii ». Deduct amount paid by - - ■ Sinking Fund Com missioners duringthO' year ending Novem- . , berSO, 1871.- 82,113,228 03 Amount paid'by' State Treasurerdurlngsarae time - 18,301 61 debt, Nov. SO, 1871, Tbe following statement shows the nature of the Indebtedness of the Com monwealth, November SO, 1871: , , Funded debt, viz a mount of ovor-due loans.. Int... 82,502,600 10 Do myoble in 1872 and 1877, 6p. o, 3,780.550 00 Do do 1872 and 1877,5 p. 0. 02.850 00 Do do • 1877 and 1882,6 p, c. 7,800.550 00 Do do 1877, Interest,sp. o, 3,870,700 00 . do’ do 1878:Interest,On.c. 200,000 00 Do* do 1870, Interest, op. o. , 400,000 Cl) Do* do 1882 and 1892. Up. c. 0,271,850 00, Do* do 1882, interest, 5 p. o. 1,119,050 00. Do! do 1882, int., 4]4 p. o* 112,000 00- Total funded debt 828,806,145 10 Unfunded debt , viz ■Relief notes in circa* ' latlon 896,817 00 Interest certificates outstanding -13,080 52 Interest certificates unclaimed ' 1.448 38 Domestic . creditors’ certificates.. U 07 $28,080,071 73 The Commissioners of the Sinking Fund report assets remaining in their hands, as followrf, viz: Bonds of UioPennsylvanla Railroad ' Company, secured by lien on the Philadelphia and Columbia Rail road .t.: * 85.900.000 00 T hlrty-flve bonds of the Allegheny Valley Railroad Company, each for 8100,000. guarantied by the Pennsyl* ■ vanla Railroad Company, Northern Central Railway Company, and the ' Philadelphia and Erie Railroad Company, payable 8100.000 annually, beginning January, 1876, with five per cent, interest from January 1, 1872 ...... 3,500,000 00 Amount of assets, Amount of public debt Deduct amount of as sets 89,400,000 00 Cash balance In the Treasury, November 30,1871...... 3.470.808 69 Balance of public debt unprovided f0r............ In obedience to the sixty-seventh sec tion.of the appropriation bill, approved May 27, 1871, the State has issued for the relief of the . citizens of Ghamhers burg and vicinity , for war damages ad judicated under former nets, certificates of loan to the amount , of two hundred and ninety-nine thousand seven hun -dred^and-forty-eight-dollars-and-ninety: one cents, which sum bears interest at six per cent;, payable semi-annually at the State Treasury. The books of the Auditor General and State Treasurer show the total indebt edness of the Commonwealth, on the Ist day of December, 1866, was “thirty seven million seven hundred and four thousand four hundred and nine dollars and seventy-seven cents. Since then, and up to November 30,-1871, the sum of eight million seven hundred and twenty four thousand three hundred and thirty eight dollars and four cents has been paid. The reduction during the year en ding November 30, 1871, 1s two million one hundred and thirty-one. thousand live hundred and ninety dollars and sev enteen’ cents. The average reduction during the last five years is one million seven hundred and forty-four thousand eight hundred and sixty-seven dollars and seventy-five cents.-’ It will be observed, in the table ex hibiting the nature of the indebtedness of the Commonwealth, the amount of the loans how; overdue is $2,602,695 Oil This sum can, without doubt, be paid as rapidly as the holders will present it to the. Commissioners of the Sinking Fund. The bonds payable in 1872, and demandable in 1877, amount to $8,879,- ■lOO 00. These can also be paid within the five years prior to their maturity, at an average of $775,880 00 per annum. For mauy years the general appropri ation bills have been withheld from the Governor until about Ahe time of ad« journmeht,' when be must either sign them without proper investigation, sus pend the. ■ means to defray the opera- BY BRATTON & KENNEDY tipns of the government for the ensuing year,, or call an extra session of the Legislature.' It is earnestly desired that the appropriation bill be taken 'up, dis cussed and passed at an early period, during the session, to enable the Exec edutive to give it that thorough exami nation which its importance demands. ■ War Claims. v . In my message of January seventh, JBGB, I.informed tbe_ Legislature. that “the balance In favor of the General Government for Pennsylvania's quote of direct tax levied in the several States for war purposes, and for cash from /the United States, amounting in all to near ly; two millions of dollars, has been set tled in full by the 'allowance of claims ifor extraordinary expenses incurred by the State during the war. In copscquene of the lapse of time since the remaining claims were contracted,, the ’ want of sufficient vouchers and explanations, and’the difficulty of finding the parties, some of them being dead, by whom they should be m ade, render their settlement difficult, and in many instances doubts ful, the accomplishment of which, how ever. will be vigorously pursued, andtbe result laid before the Legislature.” . : Lately public attention has been per sistently directed to the subject of these claims, and their collection from the national Government; and in view, of the action which it-may be your duty to take In reference thereto, the following facts, showing what these claims con sisted of, the measures taken by the State for theii recovery, and the success resulting therefrom, are submitted to aid yon in your deliberations. By a statute of Congress, approved July twenty-seventh, 1861, entitled, "An Act to Indemnify the State for expenses, incnrrred by them in defense of the United States,” it is provided “That the Secretary of the,Treasury be, and he is hereby directed, out of any money in the Treasury not otherwise appropriated, to pay to the Governor of any State, or to bis duly authorized agents, the coats, charges, and expenses properly incurred by such. State for enrolling, subsisting, clothing, supplying, arming, equipping, paying and transporting its troops em ployed in aiding to suppress the present insurrection against the United- States, to be settled upon proper vouchers, to be tiled and passed upon by the proper accounting ofiicres of the Treasury.” , By another act of Congress t approved August sth, 1801, entitled “ An .Act to provide Increased revenue from imports to pay interest on the public debt, and for other purposes,” there was levied a direct tax upon tbe several States, Ter ritories and the District of Columbia, of twenty million dollars, with tbe privi lege to those States of collecting and paying the quota of their tax into the Treasury of the United States, of a de duction or allowance of fifteen per cefat., as compensation-for the expenses atten ding the collection. . Pennsylvania’s portion of this tax amounted to $1,946,719 33, the payment gf which the State assumed. 2,131,600 17 .28,080,071 73 The fifty-third section of tbe statute last referred to provides: “ That; the amount of direct tax apportioned to any State, Territory ortho District of Colum bia, shall be liable to be paid and satisfi ed, in , whole or in part, by thei release of such State, Territory or District, duly executed to the Udited .States, of any li quidated and determined claim of suoh State, Territory or District of equal amount against the United States: Pro vided, That in'ease of such release, such State, Territory or District shall he al lowed thesameabatementof tbe amount of such tax as would be allowed in case of payment of the satne in money, ” 8113,920 67 Under the act of Congress first re ferredto, of July 27th, 1801, claims on the part of the State against the United States wqjro filed, amounting In the aggregate to 83,172.218 10 Amount brought forward 83,172,218 19 These claims were filed in six different install ments. as follow, viz: Ist filed March, 1,1802,81,162,097 22 2d June 11,, 1802... 854,837 20 8d " Feb. 20,1803.:.. 811084 91 4th “ May 4,1870 257.933 18 6th “ June 80,1870... 762,127 01 Cth “ May 25,1871 33.737 77 .' 83.172.218 10 It was in reference to the first and second Instalments of the claims so filed that my predecessor, Governor Curtin, Informed the Legislature, January, 7, 18G3, that on the 14th of June, 1862, the quota of direct tax due by the State had been “paid to the United States, partly" by a relinquishment of a portion of the sums claimed by this State from tbe government, and partly in cash, after deducting the fifteen per cent, allowed by act of Congress for prompt payment.” Tbe settlement thus assumed to have been effected,'and which, on tbe infor mation reported to him, Governor Curtin supposed to have been complete, was based upon an arrangement, as under stood by the State authorities, shown by the following figures: 80,400,000 00 828,080,071 73 10,870,808 60 818,103,20314 Amountof direct tai. Deduct 15 per cent : —Sl.GSl^ll-dS- Cash paid by the State to the United States, Juno 80,1802 s 850.000 00 Proportion of war claims set off by . tho State 81.304,711 43 It subsequently transpired, however, thqt at the date when Governor Curtin assumed the above settlement to have been completed, no portion of the State’s claims bad been “ liquidated and deter mined” by the ".’proper accounting offi cers of tbe Treasury" of the United States, as required by the statutes of Congress, approved 27th July and sth of August, 1801., Indeed, it was not until November 1, 1865, that any portion of the State’s claims had been “ liquidated and deter mined” by the United States officers, and even then-the only sum allowed amount ed to one hundred and twelve dollars and fifty cents. Still, on September 20, 1801, the United States made an advance to the State on account of these claims of $606,000, and for this cash advance the State stood debtor to the United States ufitll the claims were “liquidated and al lowed.” So that on the books of the Na tional Government the Slate appeared debtor, for, Ist. Quota of direct tax 81,W0,718 »>3 2d. Cash advanced by the United States to the State, Sept. 20,1801, COO,OOO 00 83.553.710 83 Less cnah paid Jjy the State to tin United States, June 80,1802 350,000 00 82502.710 83 wbfio the claims on the part of tbe slate against the United States were under stood, if properly supported, to pe con siderably in excess of this amount. To enable the State to have secured the benefit of the rebatement of fifteen per cent, on the quotaof direct .tax, amount ing to $202,097 00, (t was absolutely ne- Ih( Doluntctr * >r ir 81,040.719 88 292.007 90 ceSsary, under the statutes of July 27, add August S, 1861, that 'the money should either be paid out of the Treasu ry; .id the Üblted _ States, or that; the .claims of the State against the National Government,'Which bad been “disal lowed and suspended” (except the credit of! $ll2 80, above explained,) for five years, should be “ liquidated and deter mined” by the accounting officers of the government. It was under these olr oumitan'ces'that the"Legislature"’ of the Sttife, in 1807, by joint resolution, author ized the Governor to appoint “ a special agent to collect disallowed and suspen ded claims against the. United States,” "whpse compensatibn for that purpose,, shbil hot exceed ten per centum of the amounts thus collected, and shall be paid out of such collections .” As thus authorized, it became my duty to competent person, to attend specially to the interests of the Com monwealth in the collection and adjust-' rnent of these claims, and under the au thority conferred upon me,l appointed Mr George O. Evans, of Philadelphia, whose recommendations for efficiency, and faithfulness were so strong, that ! had no hesitation to place in -his hands the agency required by the act of Congress'of July 27, 1861, and the joint resolution of the Legislature. It was not expected that be would succeed in paying off a debt which seemed to be greater than the amount of the claims then on file ; nor was it expected that be would suc ceed, under the best of circumstances, in Obtaining more than a few' hundred thousand dollars out of vouchers, which had.for upwards of five years, been “dis allowed and suspended,” and deemed almost without value. Mr. Evans,. upon his appointment, immediately gave his attention to the duties assigned him,land through bis success in paying the entire debt due tbe General Government, X was able to com municate to the Legislature of 1868, tbe partial settlement of the claims referred td. It Is due to MrT Evans to state, that that reference was of too m eagre a char acter to place tbe result of bis services fairly and fully, before the public. Thro’ his labors, tbe claims of tbe State, which had beeu for years 11 suspended and dis allowed,” were ‘‘ liquidated arid determ ined” by the accounting officers of the National Government, and being thus " liquidated and allowed,” the State for tbe first time became entitled, Under the provisions of the act of Aug. 5,1J61, to the aboye sum of $202,007 90, as the re baternent on the quota of the United States tax. ■ : The credit thus scoured to the State; deducted from her quota ot tbe direct tax; left a balance thereon against tbe State of $1,654,711 43; and from’tbissum there was to be deducted the payment made by tbe State on account of this tax on June 30,1862, of $360,006 00—reducing tbeliabiiity of tbe State for direct tax to $11304,711 43., The Indebtedness, as also the cash advanced to tbe State on Sept. 20, 180 i, aix months before the first In stalment of claims had been filed on the part of tbe State, of $006,000 00, were paid by Mr. Evans by the collections which be succeeded In making upon tbe claims "liquidated and determined” in favor of the State, as already explained. By not of Congress, the State was en i titled, to a rebatement of fifteen per cent, on her quota of the United States tax, provided It was paid before the first day of June, 1862, and of ten percent.,pro iiided it was paid before tbe first of Sep tecriberof that year. The’State had for feited both of these proposed reductions for prompt payment by her delinquency in not paying the tax for five years. But, notwithstanding all this, Mr. Evans not only obtained for the benefit of the State tbe rebatement of fifteen per cent, on the amount of the tax, but a release of the interest which might have accrued on the entire claim of tbe United States- The claims collected by the Slate from the United States are as follows : Ist. November I,IBCa .. 3112 50 2d. May 2,1867. 1,989,115 82 Bd. October 27,18G3 1U5.651 40 4th. August 20, 1870.;' 180,846 09 6th. April 11, 1871 187,822 59 oth. May 15,1871 u .‘. 212,107 67 7th. June 23, 1871 298,753 08 ll These collections the special ageijt ac counts for as follow: Ist. May 2,1867, paid debt due by tho State to the United States, being balance of quota of direct tax 31,304,711 43 May 2,1807, re-pald cash advanced to the State by the United States, September 20,1801 600,000 00 2d. Paid Into the State Treasury as follow: April 20,1871 cash 3187.822 59 May 10,1871,cash 212,167 57 June 27, I&71, cash 298,758 IKS July 21,1871, cash..;..!. 29,967 53 708,710 77 3d, His commission of len per cen tum ou IhoaraouDtcolleotcd, re tained from the collections 291,010 01 From these results it will be seen that the present condition of the claims against the National Government stands thus: Amount of claims Hied as beforo 5h0wn......... ....... : 53.173.21 S 19 Of whlclrthere have beenhllovredand collected 2,010,409 11 The balance at present In suspense amounts to 201,719 08 Further claims on the part of the State can, I am Informed, bo fair ly made, with good prospect of collecting, to the amount of. 100,000 00 Making the amountof suspended ana outstanding claims yet to be col . looted SMI .7411 03 CREDIT MOBILIER OP AMERICA. By the fourth section of tbe act ap proved May Ist, 1868, taxing corporations, it is declared: ■ ‘‘That tbe capital' stock of all compa nies whatever, Incorporated by or under any law of this Commonwealth, * * * * shallibe subject to pay a tax. into the Treasury of the Commonwealth annual ly, at”the rate of one-half mill for each one per cent, of dividends made or de clared by such company.” The taxes received during the last four years from corporation stocks have an - Dually exceeded one million dollars, and are now about tbe one-sixth part of the revenue of tbe State. “The Credit Mobllier of America” is a corporation created by the Legislature of Pennsylvania; and under the vast powers conferred by its charter, it under took the construction of that great na tional work, the Union Pacific railroad. The first contract was made with a Mr. Hoxie .for two hundred and forty-seven miles, at the eastern terminus of the road, and east of tile one-hundredth meridian, ■ for the consideration of fifty thousand dollars per mile.. This contract was as signed by - Hoxie to the Credit Mobllier, and the road was built by that company. In the execution of the contract certain profits wero made and dividends divided CARLISLE, PA., THURSDAY, JANUARY 11, 187*. by the corporation ; and the taxes due , thereon to the State of Pennsylvania were voluntarily paid into the Treasury. Soon afterwards, another cuntr.-ct made with Mr. Oaks Ames, for the con struction of six hundred and sixty-seven miles of said road west of the one hun dredth meridian, for an aggregate con sideration of forty-seven- millions nine .hundred and fifteen’thousand, dollars.— This part of 'the road was constructed under thefatter contract; and but of the profits arising therefrom about the sum of nine million dollars was declared as dividends, and paid to the stockholders of the Credit Mobilier. But when the State demanded her taxes on these im mense profits, pqyment was refused by the corporation, on the grounds, that the dividends though paid (o, and received by the stockholders of the corporation, and in ihe precise amounts and propor- tions in which they severally held stock in the company, were yet paid to them as individuals, apd not as stockholders■ To make good - this defence sundry papers, agreements and contracts were produced and especially a tripartite agreement be tween Oaks Ames of the first part, sun dry trustees therein appointed of the second part, and the Credit Mobilier of the third part, by which, and the accom panying parol evidence, It was contend ed the corporation was hot responsible ; for the taxes claimed, amounting to about one million dollars. The accounting of ficers of the State, with counsel employ ed by the .Auditor General, associated with the Attorney General, prosecuted the claim with zeal and ability, and on the two separate trials in the court of common pleas of Dauphin county recov ered verdicts- and judgments against the corporation. The first was obtained November 25, 1869, for $407,483 39. and the second, De cember 23, for ; $610,391 03. The defendant took writs of error, and the Supreme Court reversed the Judgments, and In the opinion of a majority of the judges certain principles are declared, which are considered fatal to a recovery by the State. If this corporations crea ted by the laws of Pennsylvania, by the legerdemain of a tripartite agreement, and other contracts and proceedings to, which the Common'weaith was not a party, can thus evade taxation upon its capital stock, I can imagine no good rea son why every other corporation may not, by a resort to the yime, ingenius contrivance, escape the payment of taxa tion on their capital stock, and thus over a million dollars annually be lost to the State Treasury. In view of this impend ing danger, I. earnestly invoke your prompt and careful consideration of this whole subject, and recommend such action as will in the future eflectually protect the interests of the Common wealth. * constitutional reform, The people at the last election, having proclaimed Unmistakably in favor of a convention to revise the. Constitution, It will doubtless be the pleasure of the to provide,the necessary legal machinery to carry out the popularwlll on this important subject. I cordially sympathize with this movement, and in my last annuaTmesaago presented my views thereon so fully that a repetition of them is deemed unnecessary, but to which special reference is mode. A careful revision of our fundamental law, by men qualified for that duty, is imper atively demanded by the highest consid erations of public welfare. Connected with this, In a considerable degree, are the questions of the estab llshment of a “Court of Appeals,” and the appointment of a commission‘to re vise the tax laws and to equalize taxa tion. Both of these measures are impor tant,and areurged upon my consideration by intelligent men from different.parts of the State. But, inasmuch as the.con stitutional convention may, with propri ety, undertake the re-organization of bur judicial system, and as taxation should be based upon and made conformable to" the requirements of the Constitution, I incline to the opinion that general legis lation on -these, subjects had better be postponed until the action of the propos ed convention shall be known. CONGRESSIONAL APPORTIONMENT. The second section of the first article of the Constitution of the United States, as modified by the second section of the fourteenth; amendment thereto, defines the principles and basis of Congressional representation ; and imposes upon each State the duty of dividing thesauri every ten years, into Congressional dis tricts,(each oontaning as nearly as possible the ratio of inhabitants adopted by Con gress, based upon the enumeration of the National census of 1670. No more ,imi porlant duty than this apportionment of the State into Congressional districts is likely to devolve upon the present Leg islature; and I bespeak for it that care ful and patriotic consideration which is 52.010.j6 1 ) II required by the magnitude (If the inter ests involved. THE MIDFORD ANDMATAMORAS RAILROAD t'OM’V, ’ About the close of ‘ the session of the Legislature in 1870, an act was passed ami approved, entitled, “ A Supplement to the Milford and Matamoras Railroad Company. The fourth section of this enactment seems to have been Intended to take from the State, and give to the Com pany, the ton, thousand , dollars bo nus. paid into the State Treasury annu ally by the New York and Erie Railroad Company, under the fifth section W the not of 28th March, 1848. Soon after the adjournment, my attention \jas directed to the subject, and. to guard against loss I caused the Attorney General to give notice to the New York and Erie Rail road Companythat the State would look to that corporation for the payment of the. annual bonus, ns heretofore, not withstanding tlie passage of the suppll ment referred to. I regard the latter as having been enacted and approved, through inadvertence, in the burry of a closing session, and as hasty and incon siderate legislation, at variance with the settled policy of the State, and highly prejudicial to the public interests ; and X therefore earnestly repeat the recom mendation in my last annual message for the instant repeal of this obnoxious law,or at leastthatpart of it which relates to the bonus. The State having, long since abandoned the policy of paying money out of her Treasury for the construction of railroads, there is neither equality or justice in allowing this enactment,to re main in force. EDUCATION. Every citizen Is deeply Interested in ihe management and welfare of our com mon schools, and in the cause pf general education, and should rejoice that in the prosperity of so , great a trust be is charged with an appropriate share of re sponsibility. In proportion as the char acter of public Instruction is elevated, the vast multitudes who emerge from our schools will be properly prepared for “the activeduttes'oflifeTaifd “tho weighty yespouslbilltieaof American olllzeushi;.” Thirty-eeVeri years have elapsed since, the common school system was intro duced into Pennsylvania, and the gen eral prosperity of the State has, ever since, been commensurate with the ad vantages that have been afforded to its rapidly increasing population. Those who were instrumental In its introduc tion, and those who have devoted them* selves to perfecting its operations as to methods of teaching, the adaptation of buildings, and all other meads of educa tion, are fully appreciated and compen sated by the gratitude of ail good and; intelligent people. But much yet re* mains to be done to perfect its ultimate purposes, and it must not ..be said of us, now upon the field of that we are permitting the good work to languish in our hands. No "Just complaint should be allowed as to its efficiency, or that its great and important ends are not being accomplished. It was certainly the purpose of the founders of our common school system to give every child in the Commonwealth, without regard to its pecuniary or social condition, the advantages of sufficient education to enable him or her to engage in the successful transaction of the ordi naty branches of business, and to obtain and maintain a respectability which ig norance, can never acquire. 1 Thus far this has not been fully accomplished; for I ara informed there! arp at least seventy five thousand children in the State .Who attend no schools of any kind whatever. It Is, unnecessary to inquire Into the, rea*. sons for this shameful neglect... The jjvll exists and demands an efficient' remedy. That remedy may probably be found either in compelling, or in holding out inducements to parents and others having children in charge, whether rich 0r,p00r,., to afford them the benefits, for at least a reasonable term of years, of our public schools. , . Those wlio neglect this duty are unfit' guardians, and deserving of severe repre hension. ' Parents are not the sole own ers of their children. The latter are the properly of the State, the prosperity of which materially depends upon, their future usefulness. They are emphatic ally her children, and have an indefea sible right to demand her protection in their youth, that in advanced life they may, in turn, become her * Let them be properly reared, trained and cultivated, and they will grow up to ma turity loving the band that fostered them, and feeling a deep and lasting interest in Its welfare for the paternal care they re ceived. ' And thus many who would otherwise be neglected may become an honor to themselves, and bright and shining lights in the moral, social, reli gious and political firmament of the Com monwealth. But let these be neglected, and what are the adverse results? Idle ness and ignorance are the prolific sources of vice and crime. They will fill our alms-houses with youthful,vagrants, our prisons with convicted criminals, houses of Infamy with dissolute wretches,the pur lieus of our cities with drunken, misera ble and half starved vagabonds, and cov er Our ■' Potter’s fields” with the graves of those who might have been, with proper instruction, ornaments to society, and serviceable to their country. These statements are fully sustained by,the re ports of prison inspectors, wardens, phy sicians and philanthropists who have given the subject careful consideration; and it has been clearly demonstrated that an exceedingly small percentage of the suffering beings who crowd our pris ons and poor houses have received even the rudiments of an ordinary education, or moral instruction during their child hood. This condition of things admon ishes those having charge of the public interest of agreat responsibility, and that the application of effectual remedies ad mits of no delay. Therefore, such legis lation is recommended as will remedy any defects in our school system that have hitherto failed to make it thorough, comprehensive'and universal. I would advise a more liberal policy tp be adopted in regard to the compensation of teachers in the public schools, that the highest order of talent and the beat qual ifications for the responsible and import ant duties of instruction may always be secured. On this occasion X 'have omitted the statistical statements exhibiting the con dition of the different branches of the School Department, and respectfully ln -vlte-your-attentlon-to-caiefully_prepared_ reports of the Superintendent for a de tailed account of the Normal, Agricultu ral, Common and Soldier’s Orphans’ schools and colleges, and to the sugges tions and recommendations contained therein. His long and successful career as an educator eminently entitles them to your attentive consideration. I alto recommend an appropriation of five hundred and twenty thousand dollars in aid of the common schools, and foui hundred and eighty thousand dollars for the continuance of the soldier’s orphans’ schools, for the school year terminating May 31, *873. NATIONAL GUARD. The accompanying report of the Adju tant General will be found an interesting document. It is replete with valuable in formation in regard to which every citi zen of the Commonwealth is deeply con cerned. The present condition and effi ciency of the mi'itary organizations of the Slate, recognized as the “ National Guard,” la in most instances such as to give general satisfaction. Erora a very small heginlng, at the close of the war, they have assumed an attitude most creditable to the patriotic order of our young men, some of whom during the past year have been enabled to avail themselves of an opportunity to prove their usefulness in the Hold. The effective force of the National Guard is,at present nineteen regiments, and three battalions, comprising, with unattached organization, three hundred and eighty-two companies, viz: Eight artillery, twenty cavalry, and three hun dred and fifty-four infantry. Of the reg imental organizations; thirteen ore in thb First division, one ‘ in the Second, 1 three in the Eighteenth, and two in the Nlhth. The aggregate of enlisted men la sixteen thousand seven hundred and thirty four, and tbs com missioned offl core number dire thousand one hundred and forty-two. The Fifth brigade of the First division, organized in accordance with an act of the last Legislature, ie com posed of three regiments of colored troops. • The entire throe is handsomely equipp ed,mud gene rally well drilled and die-’ eipliued, and prepared to meet any ordi nary emergency in which its services mhy be required or demanded by the constituted authorities. The riotous condition of affairs in Lu zerne county during t he months of April arid May,/last, demonstrate the. necessity for,and efficiency of these voluntary military organizations. For a full ac count of these disturbances of the peace, and the operations of the Volunteers or dered into service, you are referred to the report of Major General Edwin S. Osborne, commanding the Ninth divls- ! ion of the Natlod il Guard, which will- be’ found in tbe report of the Adjutant General. From this documentand other facta dally communicated to me during the existence of the Scranton troubles, It is evident that our citizen soldiery can not be too highly esteemed for their serf- 1 vices on that iccaaibn; ;;aud their useful-: ness is demonstrated should isimllar, or; any other civil disturbances; hereafters occur. But for the prompt appearance and judicious management of the National Guard on the occasion of these riots, one of our moat prosperous cities might have been reduced to ashes, millions of prop erty destroyed, i many valuable lives sac rificed, and scenes of general ruin and devastation produced. . iy act of . the Legislature provision was made for the'expenaea necessary for the suppression of the disturbances in ;Luzcrhe county. They amounted to 'thirty-seven thousand eight hundred and .sixty-seven dollars and thirty-six cents. The‘various items dbmprising this sum, propdHy audited, and paid by the State Treasurer, will be found in detail in the report of the Auditor General. .The history of the volunteers in the ,late war Is completed and ready for dis tribution. It embraces five royal octavo volumes, and" boars evidence of being a work of muchdabor and research. Ac companying this you will receive the fi nal report of the Historian. wans of aaaoa nr criminal cases. At the session of 1870, the Legislature passed an act entitled" An Act to allow writs of error in oases of murder and vol- untary manslaughter, ” the first section of which provides that a writ of error “shall be of- right, and may be sued out upon the oath of the defendant or-de fendants.'aa in civil cases." The second section makes it the dntji of' the Judges of the Supreme Court, in all such cases, to review both the law and the evidence. 1 The importance of this subject, and the neglect of the Legislature to act upon it in'response to the request in my last an-. nual message, makes it incumbent upon me to repeat my recommendation. Be fore this enactment the law required the defendant to allege that some error had been committed by the court on the trial, and to show cause, within thirty days, why the writ of error should be granted; but this law gives a yrlt, whether any error is alleged or ,not, and allows the defendant seven years in which to issue it, according to the practice in civil coses. Heretofore the Executive did not ordina rily, issue the warrant for execution of anylcriminal until the expiration of the thirty days- within which he was per mitted to apply for his writ of error.— That limitation of thirty days being now virtually repealed, and seven years sub stituted therefor, is it expected the war rant shall be withheld for the seven years ?, ,If not, when, may. it properly issue? And if issued at any time with in the seven years, may not the criminal supersede it at any time he pleases by his writ of error ? And may it not be rea sonably expected that this will be the practical result in many cases? This would seem like trifling with vary serious .matters ; and I- Respectfully submit whether the act should not be repealed,, or very materially modified, without de lay. In my message of 10th February, 1870; returning the bill with my ,objec tions, I gave sundry reasons why it should not be approved, and the views therein expressed remain unchanged ; and the Supreme Court of the State, in the Shcoppe case, expresses Its opinion of this enactment, as follows : ‘‘lt is not improper before closing to say a few words in reference to the act of 1870, to draw attention lo some of its de fects, and to the radical change in our oilininal jurisprudence it will produce.— It was passed for this case, but owing to the Governor’s veto it came too' late. _ It, Is another evidence that laws which are the offspring of feeling are seldom wisely framed. It commands this court to re -view—the whether the ingredients to constitute murder in the first degree were proved to exist; and yet in forgetfulness of the for-' mer ilaw, it provides no means to fake,- preserve and bring up the evidence.: This, the first attempt to act;under it, proves its Inefficiency,the judge below returning to our certiorari that he was pot able, to brake the return of fie evid-nce. He is hot bound by law to take the testimony or to certify to it. A bill of exceptions brings up only so much.ofi the evidence ns may be required to explain the point of law contained in the bill. “The hfieot of this law seems not to have excited attention. It has changed the whole doctrine of the criminal law 03 to tbeepced and certaintyof punishment, and left to the felon both the hope and a door of escape, not only from the law’s delay, but by prison breach, and all the various means of avoiding retributive justice. Atthis moment, twooases occur to my memory of convictions of murder lu Allegheny county, delayed by dilatory motions, where the prison I’Obrs opened by unknown means, and the prisoners escaped forever. Any murderer may, under this law—though like Prohst he may have murdered a- whole family— take out hie writ pf error,without limita tion of time or condition, whether, in prison under sentence, or stepping upon the trap of the gallows, with cause, or without It, and suspend bis case until the next term of the Supreme Court, No one could condemn him, If the death warrant not preventing, he should wait till the term of the Supreme' Court he passed, anij then take out his writ bf ei ror to dejay' the execution of his sentence fora whole year. That only security to the public, the examination of the case and allowance of the writ for cause, is repealed.” PBOCLAMATIONB FOR ELECTIONS. Complaints have been made to me of a want of uniformity in tbe sheriffs' proclamations for elections, to which’ I deem it important to invito your atton- ♦ ' i. V0L.158.-vNOi3t: =I ; slbn. There are sundry local laws oti'tbe subject of elections,to which the'local proclamations must neoessarllyconformV Tfio ©lection laws are generally .uniform» ;arjd there ore noi good -reasons, jjwby. the iln body of, the sheriffs’ proclamations mid not also bo uniform. Formany rs eoaroely any .two, proclamations, 'e, been alike ;■ and they seem.’j in' ay Instances, to have been prepared h more regard to supposed Jpaftlßpnj ahtagea Uian’ to a compliance with plain requirements of Jaw. Mhpit. igs are included which ere unneces saVy, and frequently other things are 1 excluded which the law positively re- , quires. This evil should be'remedied \ add I can suggest no better way of doing lt,than for the Legislature to authorize ' the Beoretary of the Commonwealth or" the Attorney. General to "prepare and’ distribute such a form of proolarriatloh 4 aj the law prescribes. ■ ■ HAIX-HOAD CONSOLIDATIONS. fTho consolidation of rallroadsiand' railroad companies has lately become qdite common, and the Interests involv ed are very great, , The laws heretofore created, authorizing tbis to be done, on ly require that the articles of merger shall be hied in the office of the Secreta ry; of State, but confer no authority for I recording. In view of the magnitude of 'these interests, I recommend that au thority be given to the Secretary to, record, in suitable books, ail articles and agreements of consolidation and merger, heretofore filed,.and all that pray hereaf ’tef bo presented for - that purpose.' - : . CAriTOI. AND CAPITOL GROUNDS, A suitable place is desirable far the proper exhibition of. the painting of ; the Battle of Gettysburg,,, and the flags now stowed away in the plllce of thfe State Historian. Few persons visit Harrisburg . who are not' desirous’ of viewing, not only'the painting:, bqttlie' wcirh and tattered colors’ carried trium-’ phahtly over many battle-fields, by our . braye soldiers during the recent war.— These should hot be hidden 1 from ‘public; inspection asso much; useless and con demned rubbish. ' The rooms’ In' the Capitol used by the’ State Historian and’ the Board of Charities, would,'conjointly, ! answer tbe purpose indicated; ond but small expense need he Incurred to put- Alfom in proper order. -.it U .'the Legislature has frequently had. untler consideration- the -.propriety of; purchasing a small piece -of land at tbe east .corner of the Capitol grounds, neo->i essary to complete tbe square.; I recom mend that -further ; efforts .be made,to sechro the object indicated,, and that the,, iron! fence’ enclosing the, grounds be ‘doihpleted. ■ ~ CODIFICATION OF THE,DAWS. fn my last annual message the*'favor able consideration' of the Legislature' was invited to-the revised civil‘code;- but no action 1 wa?, taken on'it other, than the appointment of a joint com- ', mittee of the two Houses to examine 1 it and make 1 report at the present session! The commissioners informed me that in the interval of time, they have in grafted into the code so much of the legislation of last winter as was neces-' sary to harmonize the whole, and have also made some correctionp'of ’ their earlier work; and that their production' is how in the hands of the Joint iom- ; mittee;' ’ , COAL ITINES During the session of 1870 the Legis lature passed a law “ providing for the health' and safety of, persons'employed in coal mines,” which has been produc tive of-benefiiial results. Yet there are deflciencies to be supplied in' order to fully accomplish the desired objects. In a previous message I endeavored to make it appear that no extensive coal ! tnine'could be safe without more'thah one (outlet,, and not even then unless secured by -Incpthbustible. material,— : The' recommendation that at least two: openings should be required has been incorporated in the law, but that re garding the use of wood in their con struction was unheeded. It is compare atively of little importmice how many means of exit there may be if these are choked up with the flames and smoke of burning timbers. This was demon strated in September last in the terrible calamity at Pittston, which fallowed so soon after that of Avondale, and was less horrible only because less extensive, by which the lives of eighteen miners were sacrificed, and which, with the. pr'Oner, precaution, against fire, might probably have been saved. ~ , A ’still more recent, casualty suggests another amendment to, the act. referred to.' ‘ByVthe reprehensible,-practice, ,of robbing the supporting'e6)umns, the roofs of the mines, the overlying surfa? ceS of which are in some places covered", with houses, sink "into .the vacuum, 'causing the destruction of rp an y thou-, at.'Scranton, Hyde Park and Wilkes bamv, It should, therefore,, be made, [unlawful to remove, the coal supports 'without supplying their, place, with Others of substantial masonry, or some thing equivalent. . The reports of ; Inspectors of Mines furpish much statistical information and 1 other valuable . find interesting; matter^,exhibiting their usefulness apd, vindicating the propriety of tiieir ap pointment. ' t . 1 COMPDLSOttY'VACOIUATION. The.small pox has, during the past year, made its appearance In the cities and populous districts of the State. In July last It assumed an epidemic cha#- acter, and its ravages still continue.— During the last six months, in Phila delphia alone, over eight thousand cases ; were reported, of which, eighteen bun-, dred and seventy nine proved fatal.— . On this point the'Port Physician and' the ! HealtH!6’fflcw of that city, in their, report' of December 11, say “it is' a.'l deplorable shame that ten hundred and’ eighteen ily.es (the npmber reported up to that date) have been sacrificed this year, which cuuldand should have been preserved by the known means of prevention,” .: Prom this statement'it appears that morotlmn ono per'ceht. of 'the'population'of that city waSSttfitteh with the Infection, and that iheonbr tality escefided twenty three p,6tic'tht. ; of tire cases reported.' , Phd Gpl’dhtnic has spread widely Over the State, ' and many neighborhoods have greetiy’sllf forcd. teeis ’ -fine; r /. | ABvniTianfKrra wiii do famrtml irt Tin Ccnla per lino for the first Insertion, and lire cents 1 t fcrly* half-yCATiyVand yearly advertUemfeulßln 'mod at a liberal reduction on tbo.abojo rates* should be accompanied by the (Usti. without time specified for publication, they win be continued itatiiordered oat ahdf ■ ’ j joti'pmimNd; 11 lf ' J 1 er description of Job and " , \ '< w • if !'■ -n. MIS VI Jo > j The causa evidently exists among ourselves, and' It becomes ourduly to devise means to arrest its progress, and to enact.snch legislation as will protect •. our, people againftits yeonrpence.,; /This ,ip a delicate subject, but it is one which" tsjo deeply affects the welware of. our pintle. Stated thafit duty to speajk‘., ] itankly and to the point. And'lt Is blsofono in which every mom bet* Of the Qdneral Assembly Iseqadliyconcornod.' Eminent medical meh ; unhCsilatin'gly ideejare, .that, thousands j ps. I U l y£3, have waitypfj.prbpej: pani itary laws. " There jn the .State; And if : they are ’not speedily enacted a weighty responsibility will rest upon whom thedUcy devolves.. .! X quote frond a reient worfc'by Dr.P.' H. Chavaese, an emlnept English sur- E, H. Gijtchell..lecturer,, Jeffcrpbn.Medical Ctdlege,:tte,?onowitig, “ paragraph: ; ; Small pox is a pest.: 'lt .is Worse than the plague; for if not kept in sub jection it is more general—sparing 1 neither young nor old, rich nor poor, and. commits greater ravages than the plague ever did. Small pox ia a dis grace to any. civilized land, as there is no necessity for its presence., ; , If vacci nation were frequently" and properly performed; small ;.pox.. would , be; uh tjnown. .Cow poi is a weapon to eon-- quef small pox, and drive It ignomini .ously from the field. -My firm- belief, then, is that if every person wore, overy seven years; duly abd; properly yheina-' small poi,’might he utferly exter- , ruinated. Butas lohs^ p th««fS 'are' sjigji ' u , lax notions on ‘such negligence;the disease-will always" bbrampant;forthepoisonof Gmail poi - ; . hbver slumbers nor sleeps, bufc ireqhltes the utmost diligence to eradicate it'— : [The great Dr. Jenner, the discoverer of p6w'.pbxas ‘a,inventive for small pox, necdsj ,‘ t , slty of. every’ pereorf being' vaccinated, pnee every seven'years of oftenef,, if., there was ab'-epidenitb of small pox in „ the; neighborhood.” > These eminent’ "physicians also aver that very few fatal cases are .recorded as oecuring.nfter'' vaccination, and > these may be consist’ - ered'.asmnly eXceptlbns-to the< general-" rnle. and some of them might bh traced : : ,tq the;vaccination . not,having taken, effect.' Tfoey.raqrebverj saythpt persons,, who'take ‘small pox after, vaccination. aije seldom ,pitted, arijl' '.the,.disease, assumes’a co'mparativelymilc! , The necessity, therefore, for* a cbmpul-v sory vaccination law and its utility is also, ’demonstrated' l by unanswernlileP statistics, contained irt the repbrt'oftfib’-.' post i 1 physician, herewith- submiited," 1 and to 'whifch you lire most respectfully referred. ,!i 1 v - I ' l .... A STATE'BOAIiD,OP ! .HEALTH. .Many eminent medical and other scientific gentlemen ’ have suggested that theorganization of a State Board of; Health, under the auspices of the' Legislature, would he greatly condu cive to the general welfare of the p-opie ofithe Commonwealth.' After mature r . deliberation I thoroughly accord in this ! opinion. Local boards of health.may answer the,purposes for which theyare, established; but theirfleldsof opera-, lion and they cannot ao- - . complish. the lobjects contemplated by , the appointment of a -general’ State Board. The prevalence of yellow fever . in former; years, which,- spread beyond; i .c,j the boundaries; assigned to the’Phila delphia Board; the devastation pro-, duped.by the smali.’pox during the past ■ year;' the'iact.that the Asiatic' cholera , is steadily foafchlng' over, its track to' , one very doors; and' the many other , influences whicK 1 constantly threaten ,', t the health of our citizens; sbem imp'er- I ".' ativoly to demand the creation of. as effleient'a'sanitary institution as legis lative wisdom can possibly devise.— The Board, could.bo formedsoiuewhat, similar, to that of. Public,- Charities.— : The expense;to the,plate need be no ■ greater, while the: benefits to, be;de,-j rived are .incalculable.,-The-.-head,.of. fhei Board should be a physician of un- ,;.. doubtcfl,^respectabilityin ; regard; to , . every necessary, acquirement, and large ; experience in the praoticb of his profes-, sion, while the Board might consist of five or more medical men, resident in. different different parts ,of the State, . . Who ' would ; perform-'the duties, if not gratuitously, at least at,a.very modcr- . ~ ate‘cost, The general objects shonld.be , clearly specified and deflned ; amj paeh ' , member should exercise a,curefu’l 'sp-; ;! : peryision over the sanitary condition of the district of the State to which ho might be;assignedii;The appointment ofsuch ,a Board cannot resul t otherwise. 1 thaiidn grgat sanitary reforms.■ .' i. HEMOVAL OF TUB QUABANTINE. The propriety of removing the Quar- , antine station has for'a long tini(e been' a mooted question!' ‘Popular 'btjinibn i;: decidedly favors'a cbongei.&'d ih afew... ;yehts it will be an Imperative necessity.' 1 The existing,Lazaretto was. established i 1 nearly a'contury agoda.n'aparsßly pOp- • ‘ ulafed district.;■ Since.itiieh iitssnoigh- ,(. borhood,.. has Ibecome: .thijklyrmettled, - aiid] many dwellingss.aud 'towns, are springldgup initSimmCdiato-vicinity. The; rapid growth of the city of Chester,., nndilts being made a pbrtof entry,,will • necessitate the removal, -/ Besides, there are cities and villages- of Considerable size far below the Quarantine station, on both sides of the should ■ receive the protectiph notf 'only inade quately afforded lt; should bo located af'the' mouth 01“ the ' Delaware the bay, if a proper sTtdhtiomfdr the erection, 'or the , neCessarisi'b'utldtngs can'he ohtainb'd. Np argument is necessary to show that quarantine, to bo'effeetive, should be as far remote from thickly populated districts as.possible.'and hence the ne cessity for the change suggested. To effect this,change .the cooperation of .the States of Delaware and New. .Jersey is desirable and‘important, in : order that' a JointiQuarftntinei for the protection of the three;contlguoasStiU(.-.-, . i may be established, ! Jnscommepd that two commissioners;,he appointed to correspond With similar commissioners ■ of the other,States named, for the pur- 1 coholtoed on i-ormra j?aoe.
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