nl searching reforrtir has litited out Ua iinpcrfoi-'lidnu, and corrected Us abuses- ll is fortunate for ihc public that the banks have eilhur voluntarily, or in the natural course oT their own defective organization, placed themselves in a condition, where they not only cannot dispute the policy and justice of reform, but must in self defence, allege die truth of tuo very doctrines, on this su'ojuct, for which the friends of reform have lung fruitlessly contended. Timo nnd necessity aro powerful reasoncrs. In this instance, they havo convinced even those who wero interested to resist their convictions, and I accordingly trust, the legislature will proceed at once, and cour nirtouslv. to tho accomplishment of this great salutary and long expected work. Tho nublic" improvements of this com monwealth, constituting one of its principal resources, as well as objects ol expenditure must he resided aa a subtect hardly sec oiul in imnortahco to tho finances. This system has gradually grown up to its pre sent masrniludo within tho last fifteen yeats The internal improvements of Pennsylvania now consist oflhofollowini number of miles in actual operation, to wit; 608 miles of canal and slack water navigation, and 118 miles of rail road, making together 726. miles completed, and now in urc 2073 miles of canal and slack water navigation have been commenced, and are m a state of considerable procrcss.' The following number of miles have been suspended, after expenditures to some a mount had been made upon them, to wit : forty seven mile3 of canal and slack water naviflrationjaml twenty two miles of railroad I beg leave to refer you to the message which 1 had the honor to transmit to the last legislature, on the 20th January, 1830, as containing a full and explicit exposition of m views on the central subject ol our iliternal improvements, and to the report of . i c - t ie canal commissioners lur a uuiuuuu statement of the operations upon them du ring the past voar, together with their con dition at the present tune. It is due to those officers to slate, that their duty has been performed with much ability and effi ciency, and that their opinions and recom mendations are entitled to respectfull con sideration. On this occasion I will merely refer to such facts and considerations, connected with this subject, as appear to me to be os3entialto the proper understanding of its nature and bearing. The internal improvements of this com monwealth have been constructed at an ag gregate cost of twenty si;: and a half mil lions of dollars: and when wo consider that the surface of our territory is dtvcrsifi ed and broken by numerous chains, of mountains and by rivers, to a greater de gree than that of almost any state in the Union, wo must regard our system of inter nal communication, undertaken by a com munity distinguished for its prc.do.ice econ omy and simplicity of character, as stan dins: without a parallel in modern times. The enlerprize and perservanco of the peo ple in Pennsylvania have enabled them to achieve these astonishing triumphs over the barriers of nature, and the obstacle incident to their condition, more formidable still. The great system originally projected, is almost completed. In its progress, it has bsen subjected to few other fluctuations, and drawbacks, thanurisa from pecuuiaty cmnarajsmenti, and from those errors of judgment, and accidents of legislation, lliat are to be naturally expceieu, irom me warn of experience on the part ot those wno ui reeled its operations,-and from the numcr ous conflicting local interests that prevailed in the legislature On the whole though some works havo been undertaken of doubtful policy at the time; though large sums of money havo been expended on some which ought never to havo been com minced: and thouah tho co3t of those of unquestioned utility, has been far r rrrcater than it would be, ll the samo wor! It was to be done under the advantages of our pre. Ecnt experience, wo havo yet perhaps as much cause to be surprised at our good, as at oui ill fortune. In a former part of this message, I have fully explained our present financial em barassmenta. I havo stated tho amount of money that must be provided to meet the unavoidable demands on the treasury of the ensuing year. Our condition forbids the undertaking of all new works, nnd em phatically inculcates the most careful hus bandry of our resources. In addition to tho payment of tho interest ontho publibc debt and providing for the payment of a loan falling due, a million of dollars, at least, will be needed fur repairo, during tho present voir ; for a satisfactory explanation of which, I refer you to the report of tho canal commissioners, In view of this state of things, the question ia distinctly presented to the leirislature, whether the works now in progress of completion shall or shall not bo finished at the present time t On these several lines of improvements, tho following sums of money have been ap propnated and nearly expended, viz : Erie extension, Ql,0Q0,fiuG North Branch extension, 1,310,0(50 Viconisco feeder. 210,000 Jload to avoid inclined pland at Colombia. 199,000 00 08 00 00 By tho most careful cMimato of tho cost of completing these several lines, the fol lowini? sums will Le required, in addition to the appropriations already made viz: Fur the Hiiu exUaunimi, $2,1 14,537 85 For tho North Branch exten oq 2,181,035 54 for (ho "Wlcocisco feeder 100,195 43 Ane for road to avoid inclined plane at Columbia, 01,144 07 From this statement it is evident that should tho legislature determine to suspend tho completion of these voiks, the sum of 03,322,333, 32 expended on them, will be lost; or should it bo determined to pro ceed forthwith to tho completion of them iho sum ol 81,503,503 79 will be required for that purpose. Upon a full considera tion ot all these circumstances, together witn the additional fact, that these respective works will be worthless, till iho wholu of each is finished, it is for the legislature to decide what course sound policy and offi cial duty call on them to adopt. Tho whole of those lines might bo completed, it suliicienl money be appropriaieu ai mis session, within two year ; anu a ponton of them, during the approaching summer In addition to tho lorcfiomtr works in stale of nrouress. tho following havo been suspended by the legislature, after expen ding on each, the sums respectiuny set down, viz : Gettysburg ra road. SG50.0G0 07 Sinnemahoning extension of tho West iJranch canal, iu4,uuu uu Allegheny feeder. 30,000 00 It will not. 1 presume, bo thought advisa hie bv anv one. to re-commence any of theso" works under existing circumstances Tho first has, most probably, been suspen ded forever. I look occasion in both my inaugural ad dress, and in tho message of tho 20th Janu arv last, bcloro relerred to, to announce it clearly us my deliberate opinion, that after the completion of the works then in a stato of progress, and so far advanced as to ren der it less wiso to suspend than to prose cute thrm wilh vigor, it would bo time to pause in our career and wait the further ex tension of our improvement system, till we eould judge of it by its fruits. Tho expo rience of the past year, has greatly strength ened this opinion,' and satisfied my mind beyond all doubt, of the manifest policy of undertaking any new. wonts, wnaiever ai the nifsni:t coninncttirc. I deem it an act of siuiDle iusiice to tho legislature to, ap nrise them that this i3 my thorough con- 1 . . . tit t 1 . viction ot duty. Dlioutu the legiaiurc think nroncr. to prosecute the works now" in progress lo immediate completion, I re spectfully suggest the piopriety, of provi ding, nt once for the whole amount required so as lo enable the canal commissioners to execute them in the speediest and cheapest manner ; and also l would itirtuer suggest die mistaken policy of postponing the pas sage of so important a bill, as that for pros ecuting and repairing the public improve ments, until the close of the session. Much is lost by the delay, and nothing gained. By this procrastination, not only is invalu able time lost, but bills are sometimes ne cessarily permitted to become laws that do not meet the entire approbation of all de partments of the government, whoso duty it is to sanction them. Such was the case with the act of 19th July, 1839. entitled, An act to provide for the repairs of tho sovcral lines of canal and rail road, and to continue tho improvements of the mate.' That very important bill did not pass, until tho last day of the session of the legislature and it was not presented to me foi my sig nature, until tho legislature had actually adjourned sine die. -Had it been present ed to me during the sitting of the legisla ture, I frankly say to you, it would not havo received the executive approbation. But when itcamo into my hands, there was no remedy : I wa3 compelled to make a choice between what I regarded as evils, either to refuso my assent to it and suspend the prosecution of tho public improve ments, not only thoso in course of con struction, but to arrest those in a state of use or to approvo ol it, thoug'i conlcr- rin" certain highly objectionable powers and privileges on tho banks taking the U I nritntnerns nil tllC 1)311 KS taklllf til G 10311 authorized. I had it under consideration for nearly a month, anu was jinauy induc ed lo sign it, in order to prevent the serious evi s that would have resulted to tne busi ness of the country, and tho character of our public improvements, had there been no provision mauo to repair anu continue operations on them at all. The same par amount consideration also induced me to take tho Ioai anthorized from tho Bank of the United States of Pennsylvania, which institution, as was to be supposed, would seel: to avail itself of any advantage tho leg islature had bestowed on those who tur- nished the loan. Every other expedient lo procuro the money was first tried. The usual advertisements of tho loans produced no bidders, letters addressed to all the banl.s in tho city of Philadelphia, had no boiler success. In tins emergency, tne on ly alternal'iTes presented, were either to suspend operations on all our improve ments, stop tho locomotives anu uraw uio water off the canals, or to obtain tho loan authorized bv the bill, from the bank of tho United States, I reluctantly adopted tho latter, believing it to be, as a question rather of expediency than of constitutional principle, moro conformable to ray duty, than tho former. To afford hereafter a reasonablo opportu nitv lo tho Executive, as well as to tho two houses of tho legislature, to consider and to decide upon whatever bills retativo to tno public improvements and to loans may pass thoso bodios, I hopn they will be presented to mo in lime to act in concert wilh them, or to enable thorn to judge for themselves in their constitutional capacity, whenever the provisions of such laws do not happen to meet my entire approbation, Thus only can tho Intlopondehce of each ucpnrlniehl bo pre served, viiuou-aoing so ai uio cxpenso oi the public interests, and thus alone can the responsibility ol each to tho people, bo rig idly enforced, without casting a portion of it on tho other. 1 shall novor shun any re sponsibility, whatever, that justly devolves upon mo, but I do-hot desire to bo placed in a situation, as a public officer, where 1 must npprovq or disapprove of particular measures, not on the ground of their intrin sic merits or demerits but because, by the action of n co-ordinato branch of tho gov ernment, I have been precluded from a frac and unfettered courso of conduct. This certainly docs not accord with the true spir it of our government. Keeping in view theso various citcum stances and interests, the question is presen ted to tho consideration of tho legislature, how i3, tho money to bo procured, .to pay tho interest on the state debt; to meet tho several loans falling due; and to defray tho necessary expenditures of the common wealth ? However formidable the difficul ties wo must encounter, there is no avenue of escape from theso responsibilities left open to U3. We must meet them without shrinking or postponement. Tho sum of 82,000,000, must be obtained for tho ensu ing year, and perhaps an equal amount for the year following. By the sale of tho stock held by the commonwealth, to tho Bank of Pennsylvania, Philadelphia Bank, and Far m;r'3 and Mechanic's Bank, tho sum of two millions, ono hundred and cignty thousand seven hundred dollars may bo realized, but it will require timo to carry this operation into effect. Tho sum of 3000,000 must be had or. orbeforo the first day of next month, and tho balance during the remainder of tho year. Nothing can be expected from other sources even now loans would, perhaps, fail to answer tho purpose in the present exigency. What thou remains to be done ? My own deliberate opinion is, that icsort to taxation, provided that it shall be so regtt, latcd a3 to bear, with as liltlo hardship a3 possible on the people, is the only possible remedy to extricate the commonwealth from the embarrassment?, by which we find her surrounded. , In elating to. the legislature the general resources of the commonwealth, I feel it to be my duty to lefer lo you, without recom mending it, to another remedy, which may put the evil uay oti tor a time, siinuiu tne legislature think proper to adopt it. Uy the act incorporating iho Bank of tho Uni ted Slates, that institution is bound to loan to tho commonwealth, al lour per cent, in terest, six millions of dollar whenever re quired by law. It will be lor the legisla ture, after examining inio 113 conuuci anu condition, if taxation be deemed impolitic, to determine whether this sum shall be cal led for from that bank and if so, to appro priate tho same specifically, to tho payment of tho interest on the state debt, and to the completion of tho main lines of canal un der contract, and in a state of forwardness and to other purposes whatever. In ex pressing my own opinion in favor of a re sort to taxation, I do it with no inconsuma ble degree of reluctance; but it must be ob vious to every citizen of the commonwealth, that his house, his farm, and his property aro all pledged, beyond posibilily of release to the ultimate payment of tho state debt, and tho interest thereon accruing, agreeably to the stipulation with the loan holders Nor is this the worst view of our situation. The slate has been actually compounding for years past, from a million to a million and'a half of interest annually; and tho ques tion is nov submitted whether we are ihus to continue adding half yearly, thi3 enor mous amount of interest to the principal of our state debf, and continue in tho pusillani mous course of policy, from year to year, of shuttling off the cil day, and entailing th'i3 rightful legacy to posterity. It is a re pioach on tho peoplo of Pennsylvania lo snppose they can longer bo kept in the dark, in regard to tho situation in which wo find them. All they want to know, to ensure n ready compliance with the indispensable call up on their patriotism, is to know the nceessi- of the measure, l ho experience ot more than half a century, fortifies mo in the be lief, that tho good sense of tho peoplo of shis great commonwealth, is rarely appcaicu to in vain. In assuming tho responsibility of recommending this measure, I am fully sensible of what is to bo encountered, and aware of tho consequences that aro to fol low; and it in this expression oi tho hon est convictions of my own mind, and the fcarles3 discharge of the duties incumbent on mo, I shall not bo boumo out my fellow. citizens I shall) at least havo tho consolation to know, that I havo done that which 1 con ficicntiously believe to be right, and which 1 think will bear tho rcllectton ot alter vcais. The timo for evasion is cone; the public mind has been too long led with mis crablc expedients. The timo for action is at hand. Our country expects every man to do his duty, and he that has not nerve c nnugh for tho crisis, should give placo to those better fitted for the emergency. Neith er the present Legislature, nor myself, had anv thing to do with contracting this debt -it is fixed on us by those who havo gone beforo us;' and the samo rule of prudence and sound poltcyHhat would govern tho con duct of privato individuals, holds equally good in the case of the commonwealth, un der tills statu of things. Tho privato indi vidual would tax his industry and his prop crty, to tho utmost, to pay off a debt, and the interest upon it, that was consuming the avails of his industry and his substance so, also, It eeeius to me, should tho re prescntatives of rt wise" and judicious peo ple. Taxation would pay the Interest it would eventually constitute a sinking fund to pay oft the principal ot tho state 'lout, mid should bo continued till ihc inromo of the public improvements would render lon ger taxation unnecessary. 1 ho crisis de mands tho exercise nt the moat tarrcachiug sagacity tho calmest judgement, and the most tearless patriotism. 1 am siuo the Legislature will meet in the right spirit, to disarm it of its perils. Coming, as you do, from all quarters of the Slate, and possess ing a moro tniimate Knowledge ol tho cir cumstances and wants of the people, than I can, I most cheerfully surrendei this im portant subject to you, satisfied that pru dence and justice will dirccl your action up on it. Among other subjects of much impor tance to tho peoplo that will claim your at tention, tho creating, renewing and super vising of corporations. These institutions in a great measure the contrivance of mod ern tunes, havo become within the last half century, multiplied to an extent never dream ed of beforo. There is scarcely any branch of business, or pursuit of life, into which they have not, directly or indirectly entered. Corporations may bo divided into iwo gen eral classes;thoso established for public pur poses and tho3c lor purposes ol a privato nature. There is another species ofcorpor ations, including banks, &c that partake of the nature of boli these classes, but being mainly established to promote individual in terest, they belong essentially to tho sec ond. The first class, consisting of those for religious purposes, as churches, for the promotion of the arts and sciences, as col leges, academics, medical universities, &e. Si. 5ic, (or purposes of internal communi cation, as turnpikes, bridges, railroads, ca nals &c. &c, and in short, forr.ll great pur poses of public utility, to the attainment of which, individual mean - and exertions arc wholly inadequate, doubtless under proper and judicious regulations, subjecting them to the control of the legislature, arc to be encouraged and sustained. The otherclass, embracing those principally established for purposes of a private nature, 'ought cither not to be increased in numbers at all, or on ly when imperative necessity demands it and then, under the most inflexible guards and restrictions. Legislation has, wilhin the last few ycar3, departed widely from that republican sim plicity that ought to characterize a free gov ernment. Privileges belonging to nil the citizens alike have been specially delegated to small associations; a few persons collec tively have been invested by acts of assem bly with powers and immunities denied to the rest of the community, and thus have numerous monopolies been created not only to rival, but to trample down all individual effort3 and enterprise. The creaiion of ono orporation, has been the signal tor creating others as competitors, until the system has reached a point that calls on the legislature to pauso. It may bo improper lo interefcrc with those already in cxisience, unless tneir own misconduct requires it, or experience shows that the security of the public good calls for such interference.' It i3 high time, lowever, that the system itself on which they were created, should he brought wilh in the wholesome influence of reform. Let the increase of corporations hereafter bo limited to cases of undoubted public utility, where individual capital and enterprise aro insufficient to accomplish the object intend ed, and let thepowcrof the le gialaturo to con trol or abolish them, bo at all times express ly reserved. A system resting on opposite piinciplca must eventually transfer nearly all tho powers and authorities of tho legis lature, as well as the bueincss of the peo ple to corporate bodies, and thus silently but effectually achieve a revolution in our civil relations; for if the obligations of men, may be converted into those of a limited and artificial nature instead of a direct per sonal responsibility, it is manifest that the very elementary principles of society aro changed. We shall be constrained under such change, to reach the citizen, not by tho immediate personal process of the law, but by its clumsy indirect application lo him in an ideal slate of existence, created by le gislation and rendered independent of the usual responsibility ol the members or so ciety. This is Iho condition of things, com plicated anu clogged by corporate excep tions and privileges, towards which our re cent system of legislation on this subject,, has been hastening us, and at which we shall aooccr or later arrive, unless it bo a bandoned. Events that havo transpired a- round us within tho last few years, have justly awakened us to our Iruo situation. The lessons ol experience will not surely be lost. Tho subject of education has necessarily and properly occupied much of the time and attention of our legishtures to enable them to carry out the constitutional injunc tions on that subject; and wo have in opera lion a system, which, although by no means pcrlect, is certainly equal to that in force in most of our sister states. It still needs those improvements which experienco tiro nounces necessary to cure iis defects. The principal inconovnienco now experienced in tho system, is the want of compotcnt teachers; who fahould bo rennsylvunians in habits, education and principle. This want will prolubly bo continually felt, un til tho inducement of more adequate com ponsation shall bo offered, and when the higher qualifications required in teacher blull elevate them to that proper rank and estimation in society, which tho instructor of youth, should always occupy. V d aro also in need of a proper system Of schbol Honks to be used in our schooU, and which should Ve composed by comne- tent persons for the instructidn of tho youths of Pennsylvania. Such a course as would tend propeily tw impress our youth with a due regard for our commonwealth, and en dear her to their heads. Her position, wealth and intelligence) tho admirablo and free sytcm nf her laws; her unwavering pa' triotism and devotion to lcpublican princi ples; her distinguished philanthropy and be nevolence, entitle her in a pre-eminent de gree to tho lovo and veneration of her chil dren, who should bo early taught properly to estimate her great characteristics. Our colleges are in successful operation, and by the aid afforded thern, from the' treasury of iho commonwealth are accom plishing much good Our country aca demics are, from the samo source of aid affording the advanlngcs of the higher bran ches ,of elementary education, in almost every county in the state, to stlchas seeft to" fit themselves for entering our colleges;"' and by no means the least important institu tions, connected with the education of youth' are the female seminaries which, of late' years, have been springing up over tho' commonwealth, and arc likewise the ob-' jerts of legislative bounty, The import tance of female education, will always bei sensibly felt upon iho rising generation ; and mothers' well instructed in the ordinary branches of education, will seldom suffer their children to grow up in ignorance. With intelligent mothers, followed and ser.ontlcd in their efforts, by competent and well instructed teachers, we shall noon see an intelligent and well informed population filling our beloved commonwealth, and gi viii r her, in an intellectual point of view, that auk and station lo which she is justly entitled. I shall be glad at all times to co operate wilh the legislature, in any proper measures calculated to improve the moral ntirl ii I nllnnfnnl ftmwlittfttt nf (Hit ml170na na IIIIU IllkbllbblllUI VUllMltO.ll 1 V u 1 H4 we, thereby, rear the most enduring pillars for the support of our political cuihcc, in all its strength, beauty, and grandeur. The report of the superintendent of com mon schools, will inform you of the opera tion of our common school system in its details, with his views in regard to the im provement nf tho system and the best means of accomplishing it. Tho amended constitution was adopted by the people upon the 9th day of October, 1833. It provides for a now mode of ap pointing the judges of our courts, and chan ges their tenure from that of good behavior to a terms of years, if they shall holiarc themselves well. There is a marked dif ference in the language of the schedule to that instrument, when fpcakingof the judg es of tho supreme court, and tho other judges of the commonwealth. The form er were to he graded as to the expiration of4 their otlicc3, by the date of their commis sions upon the 1st day of Januaiy, 183j). Vacancies in other judicial stations, occur ring after the adoption of tho amendments, and beforo the 1st of January 1839, wero not provided for by that instrument. as no commissions wero provided for, or continu ed in force by it excepting such as wero in being at tho adoption of tho amendments to the constitution" Consequently ell ap- poinlments made of suchjudgc3, between the 9th of October. 1838, and 1st of Janu ary 1839, only endured until the latter day, and vroro then annulled by the new consti tution, goi?5 into effect, except where oth erwise proviuce iur in mm iiisuui.... Ii is always a subject ot regret to see mnnpgcmcni mauo u&u u. w - . I- T (n ilnTonl thn fV. pressed will of tho people, and it is sciitora successful. Shortly boforo the istol Jan uary 1039. two of the prcsidenl judges of judicial districts resigned heir offices, and were rc-commisGionett on mo cay untun ing their resignations, to hold their unices so long as they behave wemsciven I deemed it my duty to direct proeecthnjt to be instituted in tho supremo court rgainst them. One of them died pending the pro ceeding, and tho other wan ousted by tho judgment of tno court, and his place lis? been supplied by a new appointment. in relation to tuo assucmia iuuwj, wero nnmcrous instances oi icsikov. between the adoption of tho amended con stitution and tho 1st of January, 1839, and others were commissioned m their piac-' to hold during good behaviour. According to the decision of tho supremo court in nT,f r.nmmnntaenllh. vs. Collins." these rnmniissioiis exriircd on the latter day, Hfl tllfl.fl KIA.O tlVII tiiktnnrnq 1n which 3P'y pointments were made on the Mth ot w . i ... ..i.,;na n(l ibaw, uy anu wiwi uio - consent of the senalo to fill vacancies o ...inriiiil Utr rficiimntinns made On Or aftCf the 1st of January, 1839- Tlio commis sions for these two judges were isiueu w hold their offices tor live year, n long behaved themselves well. Tho who proceeding I havo always treated as a dis creditable attempt to tamper with, and gie a political character to the judiciary, anJ Ims no nninllcl in tho history of OUr CpU- latatici in mo iiisvor jrT4, in the memorable npP', as tho "midnight judges," in? J3. - . . MIL.. .,l.m"! Ll trv, but in known a3 Ihn 3rd n ot ruarcn, ioui. uu tho nroceedini'. u ndoublodly, was t.i pre vent tho classification of the associate jn' OS, which tho ' constitution contemplw aud, if so, was a fraud upon the peon le .i . i.i. I l lo..n In nail tl" inn ('nmmnri wnriiiM. i uui; tua w . , attention of tho legislaturo to the farts, at :r. !..:..! 1 1 1 ..!.,,;, In ll-llll woll as sound morai' itxt ann'tia tlmt n R II n P.ln infill t fl IH I i-iun.u him v ...-. ------- . i passed to tho art of 20th June, 1839, cl' Mm? tho associate inrlaes, by which pro f f