mm mf Mm. Ma I - ' " n VII 1.?' I T'f .II.rT'""",! I have cfforu upon the Altar of 'God, eternal hostility to every form of Tyranny over Ihb MlnB. of Man." Thomas Jtuef eon. Volume ME. BE OFFICE OF THE DEMOCRAT, 'OfPosiTB St. Paul's Ciiuncn, Main-st. '-The COLUMBIA DEMOCRAT will be published event Saturday morning, at TWO DOLLARS per annum, payable 'half yearly in advance, or Tivn Dollars 1'ijty tents, ij not paid within the year. 2Vb subscription will be taken for a shorter period than six months : nor any discon tinuance 'permitted, until all arrearages are discharged. ADVERTISEMENTS not exceeding a square ivill be conspicuously inserted at One Dollar for the ftrsi three insertions, and Twenty-five cents for every subse quent nserlion. ycyA Hb.crul discount made to those who advertise by the year. LETTERS addressed on business, musi be post paid. MESSAGE JFrom the Governor of Pcnr.svlvania, to both houses of the legislature, at the com mencement, ' of the session, January, 1840. ( Concluded.) Sinco tho executive department of the government has been committed lo my hands, all vacancies which have occurred in tho offices of associate judges, except dur ing tho recess of the senate, have been fil led by commission to expire when those of their predecessors would have expired, un der the amended constitution. This, I ap prehend, is the precise meaning and intent of tho constitution, othetwiso, tho classifi cation directed by that instrument, could be broken up and defeated, at tho will and pleasure of tho executive. The only office remaining in Pennsylva nia, in which the tenure is limited by good behavior alone, is that of notary public, nu , thorized by the act of assembly, passed Gth March, 1791. A3 all offices of that tenure, provided ifor in the constitution of 1700, havo'-abolishcd by tho adoption of the a mendments to that instrument, a regard to consistency would seem to require that there ehould be no statuary office, of an ultima tod duration, as to tenure. The number in each county, except Philadelphia, being limited by the provision cf the act, to three, nnd some of tho number being now super annuated, or otherwise incapable of dis charging the duties of the office; and towns and villages having sprung up, requiring frequently the services of a notary public, where appointments cannot be made with cut exceeding the number limited to tho county, legislative action on the subject ap pears to be necessary. On the 10th day of June, 1830, an act was passed, entitled " An act to fix the num sbtr of senators and representees, and form the state into districts, in pursuance of the provisions of the constitution," which pro vided fur tho election of thirty-three sena tors in twenty-three districts, into which that act divided tho stale. Tho wiiole number of taxablcs in the Mate, as returned to tho secretary of the commonwealth, was, 309,421 which, fixing tho representees nt one hundred, and tho senators at thirty three, would entitle 3,094 taxablcs to a re presentativc.and 9,370 to a senator. There jiavo been uniformly great compliant of the cinequalily of representation under this law, both as to the senators and representatives, and in regard to the latter, lliero was a pos itive violation of the constitution of the icommonwoallh. By tho 4th secdon of the 1st article of the constitution of 17C0, which remains unaltered, it is provided that tho appointment shall ba readc " among the city of Philadelphia, and the several coun ties, according to the number of taxablo in habitants in each," and that "each county ehall have at least one-repiesentalivc, but no county hereafter erected shall be entitled to n sepurato representation, until a suffi cient number of taxable inhabitants shall bo contained within if, to entitle them lo a sep orate representation, agreeably to tho ratio which shall then bo estahliskcd." Agreea bly to tho return made, as aforesaid, the number of taxabjo inhabitants ware, in the BLOOMSBPac, COMnfflMA 0raTO, FA GlATtfBDAY, FBBBUARY 1, county of Bedford, 4,712 in Bradford 4, 721 in Columbia 4,818 yet to tho first named county, having the smallest number of taxablcs, two members wero given, while lo each of tho last named counties, having n larger number of taxables, but one mem ber is allowed; and tho same palpable and unwarrantable violations of the constitution characterize many of tho other appoint ments made by said act. Nor is ttits all, the county of Mifllin was in existence as a county, when the constitution of 1790 wa3 adopted, and was entitled to a representa tives in the legislature, which, by this act, was not allowed to her; but she and Juniata county, which had formed part of hoi terri tory, aio coupled in a district with the coun ty of Union. It is therefore respcclfullv submitted, that a duo regard to tho provis ions of tho constitution, and the rights of the people, imperiously require the enact ment of a law for a new apportionment of the icprcscntativcs and senators, according to the number of taxablo inhabitants. In Pennsylvania it has often been a source of complaint that the decisions of our su premo comt are not reported by a regularly appointed reporter. It may bo worthy of in quiry whether some provision ought not lo be made by law for regulating the manner of reporting thoso dicisions, by an officer who shall bo responsible to tho common wealth, for the manner in which the work shall be performed. The number of cases taken up on writs of error, and bo appeal from tho inferior courts lo the supreme court, has greatly in creased of late years. An inquiry into the causes which have indued this increase, as well as what means had belter be adopt ed to enable the court in the last resort to decide with due care and deliberation, all tho cases of sufficient importance to be brought before them, ma bo productive of much good to tho administration of justice. There arc some parts of our system ol administering justice, which will perhaps require legislative action, in order to correct evils existing in practice, and daily felt by suitors and olher3 interested in their pro ceedings. The present organization of the courts in tho city and county of Philadelphia, does not seem to answer tho purposes intended. The vast increase of busincbs thrown on the courts of civil jurisdiction by tho act of 14th April, 1834, giving them almost as unlimited equity powers as tho courts of chancery elsewhere possess, as well aa the increase growing out of the augmented pop ulation and business cf that city and its ad joining districts have overloaded their dock ets with causes, which the judges by their utmost industry cannot keep down. So nothing should bedono to prevent the delay now experienced by suitors in those courts, and what the corrective should be, is sub- jmiltcd to the legislature. The court of criminal sessions of tho ci ty and county ol Philadelphia, also, requires that legislative attention should bo called to it. It possesses, now, en anomalous char acler.and ouly exercises a part of the crimi nal jurisdiction of that city and county. The whole criminal jurisdiction could, perhaps, bo better vested in the court cf oyer and terminer and general jail-delivery, and court of quarter sessions of tho peace; and a court of civiljjurisdiclion created for the purposo, could exercise all tho powers now exercis ed by tho court of common pleas, and per haps dispose of part of the business which now accumulates in the district court. Such a course, by a better distribution of tho du ties of the court, would add nothing to the present expense, and would probably cor rect the evils and unnecessary expenses, now incurred by a defective organization and arrangement. Thora is however anothor subject to which I beg leave especially to call your at tention. In certain counties in Pcnnsylva uia, attempts have been made lo tamper with tho jury bo::, and give a political as pect to tho selection of persons for jurors. This is nit evil which should not for a mo ment be tolerated. The trial by jury is one of tho invaluablo rights of freemen, and PRINTED AND PUBLISHED BV II, WEBB. the attempt to give a party charatlflj? lo the selection of jurors, unless promptly check ed, will ultimately destroy all confidanca in the tribunal. Let provision be made by law lo preclude tho possibility of ehcroaeli mcnt on this most who and venerable of all human and social institution;, nnd pro tcet this long boasted buhvatfc of liberty from prostitution lo tho basest purposiS. One of the causes spccially.assigned for our " Declaration of Independence," was the depriving U3 of tho right of trial by jury." Vain indeed have been the efforts of the sages jof the devolution to restore lh'13 invaluablo right,, if wo silently look on and permit it thus to be wrested from us. Every slate in the Union ha3 emphatically engrafted on her constitution " that the ttial by jury 'shall bo, preserved forever invio late." No one is safo in his life, his liber ty, or hi3 ptopcrty in this state cf things. I therefore respectfully recommend, that it be made tho duly of thsjudges of tho courl3 of common pleas, or son'.e two of them, and the sheriff annually to select tho jurors in open court, end that tho drawing of tho same from time to time, shall bo by them also done in open court; or that such other provision be made by law, as you in your wisdom shall think best, to restore public confidence lo the oxcrciso of this vcneraled and dearly cherished right, and to preserve the purity of the trial by jury from suspi cion. 1 here aro many instance.? in which the laws relative to collateral inheritance have not been observed, and in which the pay ment of considerable sums of money, right fully belonging to the slate, k evaded. It is, therefore, respectfully suggested to the registers of wills be frioincd by. law, to onquiro of all executions and administra tors on ca'.h al the lime of granting letters, whether tho estate of their lestutor or intes tate will be, in their opinion, tho subject of the laws relative to collateral inheritances, and that the register give notice of all such to tho attorney general, cr his deputy, whoso duly it shall be to rnako a record thereof, and enforce the collection, from time to time, and of the moneys arising therefrom. The militia of the commonwealth are enrolled as required by law, with the ex ception of route norlions of tho slate, in which difficulties exist in procuring officers to perform that duty. Tho militia system is a tax to a considerable amount upon the slate treasury, which might b3 considera bly lessened if tho adjutant general were charged with the duty personally superin tending the system in its details, and prop erly compensated therefor. legislative at tention is requested to this subject. The due enrolment, ofiictring and classification of tho militia, should bo continued, and cu couragement held out to volunteers, and the days of militia trainings might bo advanta geously reduced to one in tho year. Nothing has occurcd, sinco the meeting of the last legislature, lo disturb or affect the relations of Pennsylvania as a moinbei of tho Union. The government of tho United States has continued to be adminis tered by tho wise and distinguished states man at his head, with his accustomed a biliiy and fidelity. In the high and respon sible position which ho occupies, ho has fully justified the best hopes of our citizens by whose freo suffrages ho has been elevat ed to the station which he so well fills. By the act entitled "an act relating to the elections of this commonwealth," approved 2d July last, no provision appears lo have been made for the election of a senator to "represent this state, in the senate of the United States; at any other tiino than on the second Tuesday in January, next pre. ceding the expiration of tho constitutional term of a senator, unless informed by the governor that a vacancy exists. By roason of which I have supposed it proper to in form you that a vacancy does exist, in the representations of this state, in the senato of the United States. By the terms of the loan negotiated with tho Girard Bank on the 20th March, last, for $1,280,000 tho eura of 380,000 00 for repairing the breach on thd Jntilala dU vision of the canal Was to remain in the bank until drawn for, after thd vouchers of tlio disbursing officers should hafd beoit ex atnlncd and approved by n joint tommitlco of three indmbcrs from each branch of the legislature, agtecably to the provisions of the acl authorizing tho loam The joint committee haying been appointed at the time, there Was every reason W believe tilt) accounts would soon bo adjusted, and thtf noney applied. I thereforo did not hesi tale to embrace tho offer to take tho loan with that condition annexed, in as much as the commonwealth was theu much straiten ed in her fiscal affairs for want of tho resi due of the money, and no other offer being made. But by the subsequent action of the legislature, in a joint resolution passed at tho close of the adjourned 3ession, and approved on the 2d of July, last, so much of the act of tho Odi January authcizinc: this loan, 33 requires these accounts to be settled by the joint committee, vaj repeal ed ; and authority was givcen lo the auditor general lo settlo and adjust the same, and icquiiiiig hint to draw his warrant in favoi of the Bank of the United States, and the Harri3burg Bank "for buch amounts as he shall lind to have been fairly expended in repairing said breach." Such have been the difficulties, however, encountered by that officer in attempting the settlement of those accounts that he docs not feel himself wanantcd, by tho terms of said resolution, in drawing in favor of those banks, for any part of the money ; the facts and circum stances in relation lo which, will, be laid fully before you by that officer. I respect fully ask the errly attention of the legisla ture to this subject, that the necessary pro vision bo made by law to arrest the further accumulation of interest on tho money that may eventually ba found payable, lo said banks. In pursuance of the provisions ofthotct of July 2d, 1889, relating to the claims of the commonwealth against the estate of Tchn Nicholson and Peter Baynton, a coinmis tioner was appointed to perform liie dutiei therein required. From the nature and ex tent of the ivestigation, and the limited time allowed to make report, it was impossible for the commissioner to examine into and ascertain tho various complicated and im portant matters enjoined on him, within the period allotted. By reffcrer.ee to his rcpoit which will be laid before you, it will be seen that tho outstanding claims of creditors (other than the stato) against the estate of John Nicholson, amount to upwards of thir teen millions of dollars, including interest till tho 1st of April, 1839; that tho balance due the commonwealth on tho came day was 0278,179 57, and that tho estate of Peter Baynton on that day owed the com monwealth $58,913 93. By the 8th section of the r.cl.aboh. men tioned, all former laws in relation to the sale of tho lands of Nicholson and Baynton arc suspended; hence it may be worthy of consideration whether some additional legis lation should not be had, to relieve all par lies concerned from their present erabarass ment. The great length of time which has elapsed since those debts wero contracted: the fact that many of the lands In, ve been held for a number of years by actual set tlers, and a large portion of tho residue sold for taxes; the immenso cum of outstanding debts against John Nicholson, as well as the claims of his heirs, all urge the necessi ty of a speedy settlement, as tha titles to immenso bodies of land, in various parts of vhe state, depend upon the adjustment of the conflicting claims of creditors, heirs snd landholders. I would therefore, respectfully, recom mend tho passage of a law authorizing the commissioner, under such restrictions as may be deemed advisable, lo compromise) adjust, and settle the clun of tho common wealth with actual settlers and others claim ing title to the lands, on which the state has a lien in such manner as not to prejudice or affects rights of others. It is highly important to the common w.? 11 tjli! doubj and uncertainty in 1840. ltaritt which tho title to ihoie lands is at present involved( should ba removed without fur ther delay I have accordingly deemed projier to call your attention to tho subject in anticipation of the commissioner final rcporli By the acl of the 29th March, i8d6, i geological survey or the slate was authotU zed, and the sum of $G,400t was thereby annually appropriated for that object for" live ycarsi A supplement 16 this act was passed oil the 21st March, 1837 authori zing an increase lit ihc corps, and appropri ating the further sum of 93,000 per nnnurd to tho appropriation made by tho acl of 1030 and by an additional act passed 13th April, 1838, the further sum of $0,000 per" annum was added to the appropriations for this object, "in order to complete thd gcd logical and minerological survey of the state more rapidly." In pursuance of these acta tiio 6tate geologist, with the assistants, au thorized by the acts staled, has been cngag ed in the mincrlogiculand geological survey of tho stale, and considerable piogress had been made in the work which it is hoped may be completed within the time content" plated by law. The reports already madd by that officer, with that which he will present at the present session, will exhibit the amount of tho work dons, and, to soma extent dcvelone the mineral resources of this commonwealth, which have become) sources of immense wealth and trade The coal and Iron of Pennsylvania afa more valuable as sources of wealth and em ployment, than mines of the precious me tals are in countries where they are fotindi They furnish investments for large amounts of capital give constant employment to numerous operatives; and under ordinary circumstances, with prudent management yield a certain arid regular prclfcto client gaged in the business. They pay a larg& proportion of the tolls upon our public im provements, and constitute the most impor tant share of freight for thoso engaged in transportation upon our canals and railroads as well as for nunwrous vessels engaged in the coasting trade. The value of the coal and iron must necessarily be much enchanc ed by the recent succssful application of an thracite coal as fuel for smelting iron ore, which will in all probability introduco a new era in the iron business in our common wealth. Should the experiment become generally succe:sful, of which little doubt is rntertained, it will savo us the necessity of importing large amounts of iron for rail roads, as well as other purposes, which Pennsylvania in that event would be oblo to furnish in abundance, not only for her own use, and that of her citizens, but for a large portion of her sislcr slates, Possessing as Pennsylvania does the great bulk of the iron ore and anthracite coal formation of this" country, in alternate strata, in the tame ter- itory, and situated in a quarter of the Union peculiarly accessible by means of her geo graphical position end canals and rail roads she must enjoy almost exclusively, tho great revenue that will ariso from this source. A largo portion of our public debt abroad, was contracted in the purchase of rail road iron, which would have been ob tained in this country, if it had been possi ble to procure it here. It is confidently believed that the coal'and iron fields of this commonwealth, will here after furnish n cheap and adequate supply, and if so, thern is every reason to think, that Ihc numerous rail roads, in nearly all the states of the Union, that have been cith er suspended or contemplated, will in a few years go into operation. Tho business on our public improvements as well as the per manent mass of the wealth of the people of this stale, must then be immeasurably in creased. Much of tho timo and attention of tha legislature is annually occupied in the con sideration of privalo matters, and tho inter ests of the commonwealth arc sometimes sacrificed to tho importunities of individ uals. This has been peculiarly so in cases where the canal commissioners, as well aa tho board of appnisers, have passed upon tho claims of individuals for alleged damsi a
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