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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
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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