®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.