' :- '- ' . - - - - '.13
; " ihj ! " ' ' ' -
The whole aut ok Government consists in the art of iieing honest Jefferson.
STROUDSBUfe. MONROE COUNTS PA., WEDNESDAY, JANUARY 19, 1842.
No. 46.
VOL. 2.
PRINTED AND PUBLISHED BY
THEODORE SCIIOCH
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poetry:
KOR THE JEFFERSONIAN ItEPUBLICAN.
Oliildrcu.
Sport on!, sport on! in your joj'ous mirth
For ye add new lustre to things of earth,
"Willi your radinnt brows, and your gladsome smiles,
And hearts unscathed by earth's trcach'rous wiles.
Sport on! sport on! yB alone haTc power,
To gladden the heart in its darkest hour;
For cold indeed must that bosom be
"Which warms not at sight of your artless glee.
Sport on! sport on! for no lines of sin,
Speak of passions dark, or of guilt within;
Arid trusting all in your innocence,
You deceive no hearts with a mock pretence.
Sport on! sport on! while your onward way,
Seems unclouded, and bright as a summer's day;
And gather life's flowers in its early stage,
For they fade with the cares of maturer age.
Sport on ! sport on ! for your priceless worth,
Is wealth untold at tle household hearth;
For moie refined are the joys that flow,
From a parent's love than aught else below.
Sport on ! sport, on ! for cold and drear,
Would :the brightest scenes of this earth appear ;
"Were it not for ihe smiles and the artless glee,
And the pure warm love of infancy.
DELTA.
fai'lford,' 181-2.
GfOVERXOirS 3SESSAGE.
To the Senate and Uou.se:of Representatives
of the Commonwealth of Pennsylvania:
(concluded.)
- Connected with the repeal oF this law, should
be the enforcement of specie payments by the
B:-oks. An early day should be fixed tor this
event, at least as early as the first .of June.
The time, however, is not so materia, wheth
er it be a few months sooner or later, so that
a certain definite and reasonable time be fixed.
Your action on this point, cannot be too prompt
ior the public interest The community has
been long enough held in suspense let the
final issue be at once presented, and itis-tobe
hoped the people and the banks will e'e pre
paVeu for it when it arrives.
Those banks which are in a sound condition
will conform to the requisitions of the Legisla
ture, without mueh embarrassment; and those
which are not, will thus be brought to the
touchstone joj" their merits. The first will
snstain themselves, the latter must take their
fate. As soon" as; the produce of the country
has found its way. to market in the spring, the
people will be as able as at any other period,
to endure whatever ha rtlship1resultsfrom this
measure. T do not myself believe, that any
inconvenience which can arise from it, will be
greater nor any thing like so protracted, as
those which .are fejt by all classes now.
It seems to mejil would-Ii- far b.etter, to
bring matters to a crisis at once, than to suffer
unuei tue siow,Aout ueaiu-iiKe torpor mat nas
already vse"rzed upon all Jh very few may,
possibly, fall victims a little sooner, who could
not escape in the end, but,lbe community at
i.ifge will ultimately experience effectual re
lief. Let rashness', violence and injustice be
strenuously avoided, but no vain hopes or emp
ty theories should prevent a cool, calm con
tempi ition of ourjduty, and a firm and unsha
ken discharge of ity-vithout turning to the
right hand tothe left. y A suspension of
specie . payments is at variance with every
principle of correct bunking.
The forbearance hitherto extended to the
banks has not been witliput its uses. It has
enabled the banks to test their alledgcd abili
ty and to extricate themselves from their dif
ficulties, and has added much to the stock of
our experience. It has clearly demonstrated
that if the banks could nor regain public con
fidence, under the indulgence they iave re
ceived, the system on which they are founded
is essentially unsound, and requires thorough
amendment or extirpation. We have wit
nessed, too, under its influence the ntost ex
itraord nary changes take place, without any
fcwlHcn or irfneral convulsion. A bank ot 35
millions canita! h-is exploded and gone dowjj
- M "
jh the midst ol us, comprehending within its
sphere of business, the most extensive rela
tions, both with individuals and with other
banks, wichout making more than limited por
tions of the Commonwealth feel the blow with
oppressive weight. Looking, therefore, at all
these considerations, the indulgence hereto
fore given to the banks, furnishes the strong
est reason in favor of the course I suggest, and
fully justifies its adoption.
t I have recommended to three several legis
latures the propriety of selling the stock which
tjie State owns in the Bank of Pennsylvania,
the Philadelphia Bank, and the Farmers and
Iylechunics Bank, and used every argument
that I could bring to bear upon the subject, to
convince them of the propriety of separating
the Common veaUb. From' the B.mks, and of
disposing of the stock she holds in them. I
recommended it in a message communicated
on the 7th March, 1839, on which day the
market pvice.of the said stocks were, for the
Bank of Pennsylvania, S4A6 for g400 paid
Philadelphia Bank $108A for S100 paid, and
the Farmers and Mechanics Bank $62 for $50
paid. The same recommendation was again
made on the 8th Jan., 1S40, at which time the
following was the price of said stocks for
Bank of ; Pennsylvania S410; Philadelphia
Bank $99$ ; Farmers and Mechanics' Bank
S54J. A similar recommendation was made
6tli Jan , 1841, on which day the following
sales were made, viz : foi Bank of Pennsylva
nia 412 j Philadelphia Bank $100 ; Farmers
and Mechanics' Bank 52, making the said
stocks, held by the Commonwealth, worth
$2,15r,9ro. By the last sales made during the
present month, the mark-et value of these
stocks are, for Bank of Pennsylvania ICO
Philadelphia Bank 48 ; Farmers and Mechan
ics' Bank 30 ; making the present total worth
of those stocks $902,424 ; by which it is seen
that by the course pursued by the last legisla
ture, in refusing to authorize a sale, the loss
sustained by the state, on those stocks, amounts
to the formidable sum of 1,25.5,546 dollai s. 1
renew the same recommendation to you, for
the reasons given, from time to time, in my
several communications on that subject.
Before I dismiss the subject touching the
banks, I desire to call your attention to the po
licy of rechartering banks, by the legislature,
during the present session, at all. When a
charter for a hank has been granted to a num
ber of individuals, for a fixed period of time,
there is no express or implied obligation to
renew it. On the contrary, the very limita
tion shows that its existence is to be termina
ted at the time designated. Its stockholders
know this, and cannot complain if held to their
bargain. The condition of banks never is
known till they are wound up and closed.
Their mode of doing business, enables them
to defy public scrutiny, and to acquire a credit
and standing to which they may not be justly
entitled. Frauds and irregul irities of years
perpetration ase concealed from the eye of
the public, till a final settlement of the con
cerns of the bank is made. Little knots of
persons confederate and gather round these
institutions, reap the benefit of their exist
ence, monopolize their advantages, and per
petuate their power. We seldom find among
them the energy, intellect and enterprise of
the community, but those who derive their
consequence from their combinations sanction
ed and invigorated by the law. I cannot think
such a system as this of perpetuating these
corporations, congenial to our free institutions.
It establishes monopolies of the most odious
kind, because not limited in duration. If the
business of the comrnunity really requires the
aid of a bank, instead of renewing the charter
of the one about to expire, establish a new
one. Let its subscription books be open to all,
and if it be advantageous, let all share in its
enjoyment, who may choose to do so, and if
not advantageous let all participate in beaiing
the burthen.
Besides it is not,? fir lime to renew bank
charters, or to establish new ones. The pub
lic mind is not settled on tbissubject, nor can
h r - - -i
we iuuy appreciate me soundness or unsound
ness of the banking system, until a resump
tion of specie payments takes place. Let the
recommendations 1 have now submitted to
you, be adopted, and let aus wait a year ac
least to judge of their results. T-iiis. experi
ence will essentially aid future legislation, and
perhaps rescue us from fatal errors. . The his
tory of the legislation of this Commonwealth,
in regard to banks, is a succession of plausible
theories; let us herealter rest on the soiid.ba-.
sis of enlightened experience. Then may we .
hope to escape the rock, on which all our
banks are now temporarily shipwrecked. I
hope and trust most, if not all of them, are
able to resume specie payments ; but it is im
possible to know this, or to confide in their
ability and disposition to do So, unless we have
the proot, which they alone can furnish. The
public has ceased to yield its credit to any
corporate pretensions, whh.h are not support
ed by corresponding acts, y l have appended
several tables connected v:th this subject, as
aflording matters of convenient reference.
The general subject of creating and regula
ting corporations, is so intimately blended with
that of, the banking institutions of the Com
monwealth, as to chiinr a place next in our
cqnsideration. 1 tiave remarked in former
messages, that the creation of corporations for
all purposes, has been carried, to a fearful ex
tent in this State. Year after year they have,
been springeth up around us on all sides, and
are. rapidly becoming competitors with indi.
viduals. in all sorts ol business. When confi
ned to their legitimate purposes, such as the
construction of canals and railroads into our
fertile interior, and. j;ich mineral icgions, I
shall not utter a word of complaint ; but to
this limit, slt;ictly should they be restrained.
The increase of corporations is a growing evil.
I have again and again cautioned the Legisla
ture against the granting of corporate privi
leges ; I cannot too strongly impiess this cau
tion upon .your minds. Oh relet ring to the
acts46f the last legislature, we find the grant
of corporatejjrivileges to have been free and
almost indiscriminate. So much so, that of
147 laws enacted, more than one third were
either acts of incorporation, or acts supple
mentary thereto. 1 adhere to the opinion,
heretofore expressed, that corporations ought
never to be created, where the object to be
accomplished is within the probable reach of
individual exertion. They absolve men from
personal liability, and may lend, by undue
combinations and concentrated action, to em -
barrass the operation of government, and in
terfere with the popular sovereignty.' Let the
present Legislature set the example oi resist
ing these monopolizing encroachments. If
the nronrietv of This r.nnrsp was pver rlrmhr
'9h ful, the experience of a few vears past has dis-
t sipaica au uouut, anu cieai ly marked out tne
1 path of duty.
j? On this subject, there is another matter
: which has been .repeatedly brought under my
notice. 1 allude to the extension of the auth
ority) r.t eale corporations for various' purpo
ses, conferred on ihe courts ol" common pleas,
by the l3ch, 14th,riJth and 16th stctions of
the act of the 13th of October, li0, entitled
" An act, relating to orphans' court and for
other purposes." Charters of incoporation
are procured under this law, on application to
the respective courts of common picas, with
out being' subjected to any othei restraint or
control than tueir own hasty perusal. Notice
to be sure, Undirected to be given, but that is
of little avail'. 1 here is no common standard
for the whole State, as was the case when
these charters were to be approved by the
Attorney General and the judges of the su
preme court, jfnd enrolled in the Department
of State, at the seat of Government. Under
the old system there was uniformity . in the
provisions contained in these charters ; but
now, under this new law, the discretion of dif
ferent courts .may essentially differ, and ulti
mate confusion cannot fail to ensue. These
domestic corporations, as they may be called,
are -of great aervicc to the public, but it may
be fairly questioned whether it will not detract
from Iheir uses to render their creation a mat
ter too ready and unchecked. I invite your
attention to this subject, and if you should
agree with me in opinion, it will be easy tore
move all rgrouml of complaint, by restoiingthe
power of granting these charters to the hands
in which it has been safely lodged for up
wards of half a century. The delay and in
convenience of the old system were fully coun
terbalanced by the ceitainty. consistency and
uniformity of the corporate powers and-privi-leges
enjoyed by the corporations created.
; The Legislatut e, by the at.t of 16th June,
1836, conferred equity, or chain ci v powers,
on our supreme court, courts of common pleas
tnd district courts, in certain specihed casts.
'rurrf'nvp nkn rertnin ntlirr piinrtnipnm nn
the same subject, in the 39th section of lbs ed with the important work of education, I must
actiof I3th June, 1S40, and perhaps in otheD refer you to the report and documents which the
aqts. It is stated that some of the provision!-' superintendent will furnish,. and shall only re
Of these various laws arc incongruous, that the mark, that I will most cheerfully co-operate in
jurisdiction conferred is not expressly defined, j any and all measures, which shall place the
and it has been derided .by the supreme court means of acquiring a sound and practical edu
that the parties aggrieved have no redress by I cation within the reach of all the, children of
appeal from the inferior tribunal to the su- j the Commonwealth elevate the character, and
prcme court, or by writ of error from the hit- improve the qualifications of our leachers. and
ter to the former." If it be deemed advisable enlarge the usefulness, and increase the bene
to retain the features of these enactments n fits to-be derived from our colleges, academies
cur jurisprudence would seem requisite that
the cvibj.comnlaiaed of should be removed bv
legislative enactment
1 would also recommend an examination in
to the state and condition of the extent and
business of the several judicial districts of this
Commonwealth, so that the amount of labor
of the several president Judges, some of whom
arc at present overburdened, may be in some
measure equalized.
There are complaijits.of the accumulation
of business in the courts of the city and coun
ty of Philadelphia, and especially of the diffi
culty of ' eaching, in a reasonable time, the
trial of causes at nisi firius in the supreme
court. This last is said to arise from the time
that the,court is necessary obliged to devote
to the business in hand, "where they -have to
decide appeals and writs of error. Whether
such complaints be well founded or in t, I am
not prepared to'say. A careful examination
into the whole subject, and such enactments as
shall be, found necessary to nice! any evilsthat
may exist in the administration of justice, and
give to every one an opportunity of speedily
trying his cause, s respec fully recommended.
It isjiftcn nuidc the subject, of complaint,
that the decisions of the supreme court are
noUpub'ishcd under the supervision of a re
porter appointed by authority ol law. I think
it is worthy your inquiry, whether the public
interest would not be promoted by providing
for the appointment of such a icporter, who
shall be responsible to the public Xov the man
ner i.i which he discharges his'duty.
Com plant i continue to be made in many
counties of ihe manner of selecting juries.
Unless some additional guard be thrown
around this inestimable right, public confidence
in. the trial by jury will be much diminished
This" most wise and venerable of all human
and socjal institutionsmust be.guarded against
the possibility of encroachments, and this long
boasted bulwark of liberty pro'ected from
prostitution to purposes not intended by the
constitution. I therefore iecommcnd that the
jtunrs bg. actually selected by the.Judges of
the court of common pleas, of-' some two of
them, together with the sheriff, and that they
be, drawn by them in open court, or that sonic
other" provision be made, that the trial by jury
may he respected and effectually secured. A 1
The laws relative to collateral inheritance?
imperatively call for a iv.vision, in order to in
sure the collection of money from that source.
I respectfully recommend the adoption of the
amendment suggested in a former com muni
cation, to enjoin it upon the registers of wills
to enquire of all executors and administrators
oh oath, at the tim of granting letters, wheth
er the estate of their estator, pv intestate, will
be, in their .opinion, the subject of the laws
relative to collateral inheritances, and that the
register give notice of all such to.the attorney
general, or his deputy, whose duty it shall be
to make a record thereof, and enforcing the
collection, from lime to time, of the moneys
arising therefrom, and handover his,record to
hit successor in office.-
The eighth. section of tlie 6th sirtiole.of the
constitution piovitjes that' aH officers, whose
election or appointment is not therein provided
for, shall be elected or appointed as shall be
directed by law. There has been no legisla
tive action on this subject, so far as regards
the offices of Surveyoi General, Secretary of
the Land ORicej and Auditor General, since
the adoption ol that instrument. As the com
missions of the present incumbents will expire
on the 10th of May uext.iiV would seem to be
a suitable time for providing by law for he
tenure of thos-e officers. ; They, with the Sec
retary of the Commonwealth, constitute what
is usually denominated ihe;cabinet, and the
Executive is answerable lo public opimon for
the manner in which they perform their du
ties ; yet Under the existing laws he possesses
no powei of removing them, even for the most
palpable dereliction of duty, during the time
for whit.b they are commissioned. 1 i'espect
fully commend this subject to your attention,
and that. those efliccrs be placed, as to tenure,
on the s'imc footing as the constitution has
placed that of the Secretary of the Common
wealth. So. far as respects the office of Attorney
General, it seems proper that the tenure
should remain as: it is. It is in truth a common
law office the incumbent is the legal adviser,
of the Governor and heads of department,
and is the legal hand by which the Executive
functions are pel formed.''
The dmv .will, probably devolve on you to
make prov ision for the election of representa
tives .o represent this State in the Congiess
of the United States. As oon as Congress
shall have decided on the apportionment acy
cording to the last census, no time Miall be lust
to lay the same before you.
The report of the Superintendent of common
schools will put you in possession of the stats
and condition of our colleges, academies, female
seminaries and schools. The general evil, of
which we have just cause to complain, is the
incompetency of many of those employed as
teachers. The compensation to them is gener
ally low, and yet it is generally more than ma
nv of them can earn as teachers, if the posses
sion of knowledge and the capacity to impart it,
be reqtiisitle for those entrusted with the moral
anu menial training' oi uie rising gcnuiauun.-
Unon this, and upon all other subjects connect-
1 and seminaries. A sound education, under
! proper moral and religious training, is the best
legacy a, parent can bequeath to:Jiis child, and
the best provision- a patriot can make to secure
the permanence of republicanism in its purity.
To our system of common schools, alone, can
we look as the means of imparling- this educa
tion; and on this system, at last, as the corner
stone, must we rest our free institutions, and
our best hopes, to see them descend unshaken,
to those who come after us.
The duties-of-the.. Superintendent of Public
Schools have become so onerous, as to occupy
almost the entire attention of the incumbent,
and to leave him but liitle lime to devote to the
other duties of Secretary of the Commonwealth.
I respectfully recommend this subject to your
consideration, and whether a regard to the pub
lic interest does not require a separation of the
duties of-Superintcndent, from that of Secreta
ry of the Commonwealth.
I cannot butJlepeat what 1 said in my first
annual message, that we are in need of a proper
system of school books, to be used in our schools
and which should be composed by competent
persons for the instruction of the youths of Penn
sylvania; such a course, as would tend proper
ly to- impress our; youth .-with a due regard for
our own Commonwealth, and endear her tp.their
hearts. Her position, wealth and intelligence;
the admirable and free system -of our laws; her
unwavering patriotism and devotion to repub
lican, principles; her distinguished philanthropy,
and benevolence, entitle her, in a pre-eminent
degree, to the love and veneration of her chil
dren, who shouid be early taught to estimate her
Great characteristics. ?
The twenty-third section of the first article
of the constitution of this CommoowcaUh pro
vides that "every bill that shall have passed
bodi Houses shall be presented to the Gov
ernor. If he approve he .shall sign it, but if
he shall not approve, he shall return it, with
his objections to the house in which- it ori
ginated, who shall enter the objections at large
upou the journals, and proceed to consider it."
The section then proceeds to provide, that sueh
bill, so returned, shall not become a Jaw, unless
two-thirds of each house, shall, on a call of the
yeas and nays,-agree to pass the bill. - This pro
vision was inserted in our constitution of 1700
and -retained in that of lS3B,from a conviction
of its use, as well as necessity. It was inten
ded for the protection of the people against has
ty, improvident, and improper legislation. The
constitution, while it gives to the two houses
the right to prepare, to amend, and pass the.
several bills, -still makes the Executive aii.tfCr
live" constituent part of the legislative power.
This concurrence, iaacts of legislation is re
quired to be expressed in an approbation of the
act proposed. When he conscientiously be
lieves that the proposed measure is wrong, he
w.ould be reprehensible, were he to give an ap
probation he does not feel. .Deriving his power
and authority directly from the people of ihe
whole Stato, his interposition of the veto power
maybe essentially necessary, to preserve the.
interest of ihe Commonwealth, from the opera
tions of local causes. Whatsoever rcasqns,
however, induced the imposition of this duty
upon the Executive originally, it is enough to
say, that the duty is enjoined iri our organic
law, and '1 believe wisely. It has been my lot,
es well as that of all my predecessors, 1 believe;
on several occasions, to exercise the power thus
conferred. ' Hiave always done so with due de
liberation, and only when the exigencies of the
occosion furnished. to me; very satisfactory rea
sons for so doing. :Ttis, However, a power which
I have never hesitated to oxercise. when duty
required it at my hands. : During the last ses
sion of the legislaturej I was obliged to exer
cise this power oftener than therefore. 1 did
so at a time, when my conduct was about to un
dergo' the ordeal of public opinion, and there
seemed to be a disposition to make the exercise
of this power, An important issue before the peo
ple. That issUa ' was had, and the result has
expressed the Voice of the public upon it, in a.
woy not easily misunderstood.
Hrtd -the duty, thus enjoined by the constitu
tion upon the Executive, "been freely and fear-!
kssly performed, m ihe early legislation upon
the subject of our imernal improvements, we
should not be involved in debt to the extent we
are, and there would not have been millions-of
dollars expended upon.works of doubtful utility,
.or of minor public- importance. Our main and
leading avenues of intercommunication alpne;
would have been constructed and the State
saved from all danger of being dishonoured by
failing to meet her engagements. Far be it
from me to leftect on my predecessois, but it Is
our duty to 'gather wisdom from experience, and
to avoid, as much as possible, the repetititiou
of error. r
In the months of June and August next, the?
commissions of the milititia officers witbirithia
Commonwealth will expiie by their own limita
tion. It would, therefore, seem lo be a fit time
to ta.ke up-that very impoitant, but much abused
subject. One of our most important duties isto
cherish and encourage the true military spirit a-
rhong our citizen soldiers. I n war, and in all l ry
ing emergencies on them we must rely, chfefiy
to protect our homes and firesides from aggres-'
sion our national honour from insult. aud our
liberty from destruction. It is too much the
habit of soine, who should know rbctier, to
decry and underraie our militia and volun
teers. Those who remember their services
in the rcvolution-and the late uar, with Great
Britain, entertain a very different opinion.
Let the orjjanizaiion of volunteer companies,
be promoted, let them bo furnished with
arms and 'accoutrements, let them derote
all the lime ihey can .-pare lo the acquisition
of military ui ttpl i.c, and ihey will soon si-,
lence ihe voice of censure and.of prejudice,
and strengthen ihe arm of our national de
fence . .
A convention was held within the last sea
son for ihe purposo.of devising and rccom-.
mending a more effeciive military system,
and the result of their labors will shortly be
laid before you; in relation to which 1. tako
occasion to say, that the opinions of that
convention, combining as ii does much of the.
talent, experience and military knowledge -of
the country, will be entitled to, and doubt
less will receive at your hands, the most re
spectful consideraiion. American freemen
should never lose sight of tfre.solemn injunc
tion of the. father of our country, in time of
peace prepare for war."
The geological survey of the Slate is near
ly completedi the past season having brgX
the -exploration to a close. As soon a lhs--field
work can be reduced to shape, the Stalo
geologist will, I his winter, enter-upon the
preparation of his general report, intended li
embody ihe results of the whole survey.
While ihe final report is in progress, ths en
giaving of the maps and drawings, which
will require lime, and ihe arrangements of
the State valine!, as far as they are in rca-.
diners, irjighi be advantageously commenced.
As -orhoit ol' : e woik can be put to press.,
belpic ihe meei:. v ihe next legislature, it
seeniG advisable that provision should be now
made, for piepaiing and publishing the de
tails. This very important surrey, develop
ing the naiure and extent of our immense
mineral, resources, having been prosecuted
steadfastly to its completion, sound policy
and economy certainly requiro that the re-.
suli should be embodied and published with
all possible despaich., j
i-.TUe enormous amount of capital. invested .
in our various works of internal iaiprovemeni,
lo render iliotii productive. ..There is one
mailer connected with this subject, to which.
1 desire lo cali your earnest attention. The
experience of every year proves more clear
ly ihe necessity of our action upon it. 1 aj
Itide to the .removal of obstructions from tho
channel of ihe, Ohio river. The .genera I
gpvoniincnt has several limes diroQled if it -quiries
iulq this measure, but has never
underlaken the effectual execution of the piu
joct. 4. It is a measure in which Fennaylrn
matU most deeply, but not alone interest-r
The great and growing western and aorjih
western slates, embracing nearly the eatin
valley of the Mississippi and its tributaries
have a direct and abiding interest in its spW
dy completion, as well as Pennsylvania. Fo
the important national purposesof transpop
ingtlie mail, for transferring armies, and coi.
veying the munitions of war, it is of quifp
as great moment. Indeed it addressed
itself to. every duty, state and national, ai.-.
appeals to every interest that shoula con..