fit.
MESSAGE FROM TUE GOY.
To the Senate and !louse of Repreoenta
live•+ of the Commonwealth of Pcnn
aylvania:
GENTLeneN: —The Bill entitled "An
Act relating to Canal Commissioners"
has been presented to me for the Execu
tive approbation. As I cannot approve
the Bill, I return it to the Senate, in which
it originated, with my objectiorrs thereto.
in order to such further action thereon
as is provided by the Constitution.
The Bill provides for the election and
appointment of three Canal Commission
ers, to wit: the election of one Commis
sioner by the Senate and one by the
house of Representatives, and the ap..
pointmeot of the third by the Governor.
This mode of appointment, as to any of•
ficers of government, is novel and with
out precedent; and I confess I can see in
the system here proposed, nothing but dis
cord and confusion. It is an event to be
easonably expected, that different par
ties, interests and combinations in each
!louse, and it may be with the Governor,
will lead to frequent removals and chaff;_,
ges of the incumbents, and thus bur im
provement system, instead of being con
ducted as it should 1 3e, v ;th consistent,
steadiness, will be constantly undergoing
the changes and experiments incident to
our daily political mutations. Collisions
will take place in the Board of Commis•
sioners, embarrasstnents will be thrown
in the way of its action by the minority of
its own members, and public interest will
be sacrificed to promote the objects of
private or local or political designs. BY ,
the appointment of the Board by each,
House, and by the Governor, nearly the
who:e responsibility is destroyed. For
wrongs done, should they be done, it will
be quite impossible to reach all the delin
quents at once. The adherence of the
Gove,nor or of either House to its favor
ite, will place him beyond the reach of
popular opinion, although his associates.
who are responsible to an appointing pow
er differently eleeted, may be promptly
dismissed. The Governor, the Senators
and the members of the House, are not
all elected at once, nor by the same con.
stituents. The members of each House
are the immediate representatives of de
tached portions of the people, with pecu•
liar local interests to advance, all of which
must 'mire or less conflict with those of
the State at large; and although each
House, in the aggregate, no doubt, repre
sents the peopie of the whole State, it is
through the mediont of thirty-three mem
bers in one, and one hundred in the ()thee.
Responsibility thus divided, vanishes al
most entirely, and ceases to afford an ad
equate guarantee to the public.
Should Commissioners thus appointed,
be guilty of official misconduct, how are
they to he punished? The House impeach
es, and the Senate tries--but here the
House is impeaching an officer whom it
has just confided in, and appointed; and
the Senate is to try justly and impartial
ly, for misdemeanors in office, the man
whom it has but a few days before trusted
and honored. What a spectacle of absur
dity would this exhibit? Would not corn
binations among the friends of each in the
respective !louses, defeat the ends Ojos
tice, and laugh to scorn all efforts to en
flict punishment?
'rite history of all representative govern
ments shows, that although their legisla
tures, especially when numerous, are ad
mieably adapted to the enactment of gen
eral laws, and the promotion of the rights
and liberties of the people, they are, from
the very nature of divided responsibility,
the most easily tampered wi!!, by politi
cal intriguers and demagogues, in ilivr
appointment of officers of any other
branch of the government; and in the se
lection of their officers, have been often,
made the dupes of intrigue, of venality
and corruption. I beg you to understand
me as speaking in the abstract, and not
in regard to any past or future legislation
in Pennsylvania. I cannot, however, con
sent to forgo, altogether, the salutary les
sons of experience. We have no right to
forgo, altogether, the salutary lessons of
experimence. We have no right to ex
pect entire exemption from evils that
other people have suffered, and I am de
termined, so far as I am concerned, to
share none of the responsibility of intro
ducing them into Pennsylvania. If done
by others, theirs be the honor, I want it
not.
But I am satisfied that neither agree
lily to the spirit of our constitution, not
on the ground of expediency, ought tht
appointment to be vested in the legislature.
The legislature have the power of enact
ing the laws making the appropriations to
purposes of internal improvement; and
the spirit of the constitution, as well as
the legislation of the commonwealth, has
provided that the dutLursement of tht
monies and settlement of the accounts of
the commonwealth should be in the hand,
of officers differently appointed, evidently
to prevent combinations or collusion, of
the operation of the same influences in tht
appointment of each. To give to tilt
branches of government which appropri
ate moneys, the appointment of the offs
cers who are to disburse them, would,
my judgement, tend to break down flit
safesguards provided by the conatitutim
in the disbursement of public moneys.
The bill before me presents other chili
culties. The constitution vests the legis
lative power in the General Assembly
the Executive power in the Governor, an ,
declares the duties of both. The leadin ;
duty of the former is to enact laws, and of
the latter to take cave that they are faith
t illy executed, To enable him to perforn
hat duty, the constitution declares "hr
shall appoint all officers whose offices art-
P.staldislied by the constitution or shall lir
established by law, and whose appoint
meets are not herein otherwise provided
for." A plausible argument may be drawn
Iron the bill before me, that it establishe,
a mode of appointment within the lattei
clause above recited: but when we look at
another part of the constitution, which
lieclars that "110 member of the Senate or
Rouse of Representatives shall be appoint
ed by the governor to any office during the
term for which he was elected," It mani
festly shows that the people intended to
confine the principle duties of their Re
presentatives to direct legislation. If this
bill becomes a law, and they principle ex.
tended, the might fill all the offices out of
their respective bodies, which would des
troy their purity, and destroy the incom
patible principle in the con'stit'ution, Which
restrains the governor from making ap
pointments from tither house, during the
time for they shall have been elec
ted.
I
point of expediency I think the bill
ought not to become a law, and this I
think is manifest from our previous legis
lation on this subject.
Under the acts of 27th March, 1824,
11th April, 1825, 10th April, 1826, and
16th April, 1927, the canal commission.
ers were appointed by the executive. At
first the board consisted of three mein•
hers ;—it was then increased to five; and
by the act of 10th April 1826, it was in•
creased to nine; at which number it con
tinued until 1850. By the act of the 16th
April, 1829, nine persona named in the
c law, were appointed canal commissioners,
and authority was given to the governor to
fill any vacancies which might occur in the
'board, from death, resignation, or other
wise.
On the sixth day of April, 1830, in less
than a year after its passage, the Act of
16th April, 1829, was repealed, and the
Governor was authorized to appoint three
persons as a Board of Canal Commission
ers : public opinion having decidedly pro
nounced against the appointment by the
Legislature. By the act of 28th January
1836, the time of appointing Canal Com
missioners was changed from the first of
June, to the Ist of February, and by the
provisions of that law, the then existing
Board of Canal Commissioners were legis
lated out of office four months before the
expiration of their commissions, but no
change as to the number of the Commis
sioners, or their mode of appointment,
was made. It will be within the recol
lection of all, that the leading reasons
„i: o -n t! ! for the passage of the last men
tinned act were, iiiui !!: was more proper
that the duties of the Canal Commission
ers should be exercised by persons ap
pointed by and having
. the confidence of
the Executive, for the t u na being, than to
have the whole internal improvement sys
tem, under the control and direction of
persons, who might not harmonize with
the Executive in opinion, while he is, in a
measure at least, held responsible for the
administration of the Government.
Every set of men have the right, I sup
pose, to change their opinions, when and
as often as they please; but I confess 1
find some difficulty in keeping pace with
some of the changes of modern times
for what was then right cannot now be
,considered wrong.
'lhere is another, and to my mind an
I insuperable objection to vesting the power
in the Legislature, as provided in this
Bill ; and that is, the fact that from the
mariner in which the State is districted
for Senators and Representatives by the
Act of Ifith June, 1836, the political
character of both branches of the Legis
lature does not correspond with that of a
i majority of the people of the State ; and
jit is impossible not to see that the effect of
'the Bill in question, till be to give a po
litical complexion to the Board of Canal
,Commissioners, different from that of a
majority of the people. The whole ob- j
Best of the Bill is, to remove from office
men holding one set of political opinions,
and to appoint political opponents in their
stead. Any attempt to conceal it from
the people betrays a gross ignorance of
their understanding and intelligence. I
conceive it to be a duty which I owe to
them to speak thus plainly and explicitly
un the subject.
The appointing power is the most em
aarrassing part of the Executive duties.
I have no desire to increase its amount,
ior even to retain that which is now yes
ed in the Governor, when it can be safely
•xercised elsewhere. If a change is deem
td essential to the prosperity of the pub.
lie works, and that the power of appoint
nent of Canal Commissioners is not safe
n the hands of the Executive, I have no
lesire to retain it. Let it go to the whole
ieople, at their annual elections. The
Legislature will at all times find me ready
to cooperate with them, in enabling the
ieople to elect all officers, whose appoint
nent is not specially provided for in the
Constitution ; but I never can sanction a
law which takes away, not only the rights
it the Executive but the people, and gives
iowers to the Legislature not contempla
ed by the Constitution, and which, in my
,udgment, would be a usurpation of pow
, by the Legislature, pregnant with evil.
however indisposed I may be to retain
ill the powers of the Executive, tt is my
.worn duty to protect the rights of the
'topic from legislative encroachments,
nd I intend to do it.
The issue is now before the people of
his Commonwealth for decision; and
vith that decision, whatever it may be, I
hall be perfectly satisfied. Should a ma.
,jority determine that I have done wrong
n refusing to sanction this change in the l
node of appointing Canal Commissioners,
oat this contemplated alteration is wise,
_prudent and sate—and that better selec
ions would have been made by the two
louses of. the Legislature than by the
people, or the Executive, they can easily
proclaim this opinion, and execute their
„purpose by some other Executive agent;
put if they think otherwise—if they agree
with me—if they can see in the Proposed
Istem only political scrambling for utfice,
discord and dissension, they will also pro
nounce that judgment for the guidance of
our future course, and will thus settle on
a certain basis, the organization of the
Board of Canal Commissioners, in refer
ence to which, we now unfortunately en.
tertain such conflicting opinions.
DAVID R. PORTER.
EXECUTIVE CHAMBER,
February 10, 1841.
THE JOURNAL.
One country, one conotitution one destin
Huntingdon, Feb. 244 18411.
Democratic Convention.
The firiends of General Harrison in Penn
sylvania are respectfully requested to e
lect Delegates to a State Convention to
be held in the Court House of Harrisburg.
at 10 o'clock S. M., on
Wednesday, the 10th day of March, 1841,
for the purpose of selecting a candidate
for Governor, to be supported by the dem
ocratic party of the State,at the approach
ing general election.
Each county and the city of Philadel•
phia will send delegates to the convention
equal in number to their niembers in the
State Legislature.
7'. H. Burrows. Jos, tl
3. P. ci olherild, Jam'l. Alexander,
J. a Monsgemery, Bela Eager,
Francis Park, Jas. Gregory,
If . John H. 14 altar,
T. Elder J. D. (JuU'erteon,
James Steel.
The old Democratic day for nominating
the candidate for Governor (4th of Match)
is departed from in the present instance,
in order to afford all who desire it an op-''
portunity to attend both the State Con
vention and the inaugeration of President
Harrison.
0::r We now return our thanks to
Messrs. Mothers, Miles, Williams, and
Wade, for their attentions to us, in send
ing public documents.
~:ime:
Canal Commissioners,
THE VETO AGAIN.
As promised, in our last, we this week
give our readers the veto of the Governor
on the Canal Commissioners Bill; and we
intend calling the attention of our rea
ders to some portions of it, in as brief a
manner as possible.
In the first place, then, he vetoes r bill
which carries out the spirit of the New
Constitution, notwithstanding, he profes
sed a decided preference for it in his in
augural address. In which he plainly
told the people that he had supported the
amendments, because, it took power and
responsibility from the Executive. Ou.
readers cannot, certainly, have forgotten
this. Yet, now, when the attempt is made
to carry out that doctrine, he vetoes it.
But let us dissect this message, and see
whether his objections are good.
His first objection is, that the plan was
novel,--the house to elect one, the senate
one; and himself to appoint the other; and
he objected, because the Board may not
at all times be constituted of one party.
This is the very reason why the people
should support the Bill; because, if there
are members of both parties in the Board
they will watch each other, (and by the
by, they will all bear a little matching)
neither will they be subject to 'the impe
rial nod of such a Governor as we now
have in this state. He also advances a
position—one of his cunning maxims, we
suppose, which we consider every thing
else but democratic, and is very strongly
tinctured with the dogmas of a Monarchy;
1• is this: "Responsibility thus divided
(that is, taken from one man and given to
the representatives of the people) vanish•
es, almost, entirely, and ceases to aford
an adequate guarantee to the public."
1 , e doubt whether an American people
will agree to this'old British notion.
The second objection is, that the House
And Senate would have to impeach and
try the man they had elected, provided
he was guilty of any misdemeanor. This
the Governor considers "a spectacle of ab
surdity," because, he says, the friends of
the accused wolld "combine and defeat
the ends of justice." 'fills is veiy com
plimentary to the Legislators of Pennsyl
vania.
The third objection is, because, the Leg
islative bodies are "easily tampEred with
by political intriguers and demagogues.",
Another compliment to Pennsylvania's
Legislature. lie does not wish this bill'
to pass, fearful that the 100 members and
33 senators will be bribed, which of course
he implies, cannot be the case while the
power remains in his sovereign hands.
Here is more of his British one man pows
er.
His fourth objection is, that it gives
the Legislature the appointing of the very
officers who are to disburse the money
they appropriate. What an objection!
Does not every citizen know, that under
the law, as it now is, the same one man
appoints the whole three of the Board
who disburses the money he appropriates.
His signature is as necessary to a bilt, un
less, passed by two thirds, as is a majori
ty in either of the Houses. The next
paragraph is the one in which he introdu
ces the extract of the 91(1 Constitution.
Our readers may make out of it, and the
supplementary message, what they can !I
lie cannot see that it means any thing.
His next reason for vetoing the Bill is,
because, by a law of 1829, the Legisla
ture did appoint the Canal Board, and,
that, in less than one year, the law was
repealed, because it did riot suit the peo•
ple. David Rittenhouse Porter is Gover
nor of Pennsylvania, rand, of course, a
very knowing man; but, just allow us to
tell him that the law of '29 was repealed,
because it was manifestly unconstitution
al; and it any one will take the trouble to
read .that little extract from the OLD
Constitution, inserted by (mistake) Da
vid Rittenhouse Porter, in this very mes
sage, they will discover that the Legisla
ture had not the power, uder it, to elect
any; for it said that "the Governor shall
appoint all officers established by law,
whose appointments are not herein pro•
vided tor." We, therefore, must be al
lowed to say, that, our great statesman,
is again mistaken; and en that very mis
take, he argaes, that, what was then right
cannot ba now wrong. He says, too, he
finds difficulty in keeping pace with the
changes of the times; very true, and he'll'
find considerable more difficulty from the
changes, than he is aware of,,before anelt.
er year transpires.
The next objection is an insuperable
one, and that is, that it will make the Ca
nal Commissioners, from among a party
that has not a majority of the people with
them. Let us be allowed to ask Mr. Da,
vid Rittenhouse Porter, what he meant by
a certain proclamation, issued last De
cember, which went on to insinuate, that
the Harrison party had a majority in this
state? Was it true? Or, was your proc
lunation false? Or, is your statement
in this message untrue? Ilang yourself
on which horn of the dilemma you think
the most honorable.
The Governor then closes his messag'
with a little twaddle about giving the a
nointment directly to the people; entirely
forgetting, that every exertion had been
made, when his party was in the majority,
to have such an act passed; but, then,
they were none of them in favor of it; and
vet, he, poor fellow, cannot keep up with
the changes of the times.
Another Veto.
Vetoes have become fashionable, since
the days of the U. S. Bank veto by Jack
son• Before that time, they were hardly
thought of. The voice of the Legislature,
was considered the voice of the people.-1
Not so now. The Legislature is said to
be easily tampered with, and the people
have to depend upon the sterling integrity
and long established honesty, (established
since 1819) of such men as David Ritten
house Porter, to preserve them from the
corrupt acts of their Representatives.
Governor Porter has again vetoed the
bill for the payment of the money, bor
rowed to repair the big break ; thus evin
cing a determination to cheat the Banks
out of their just dues— money that was
loaned to benefit the State. The reason
why he has done so, we presume is, that
he thinks it anoys some of the citizens of
this county, who know him.
In one cf his former messages, he said,
the work was so badly (lobe on that breach•
that it would require immediate repairing'
to render it secure. Yet the work still
stands, to prove the faithfulness of the
then agents, and the falsity of the Gover
nor's message.
This veto message costs the state $3O a
day. for she is now paying double interest
' fur the amount borrowed of the Panks,—
• and this is Porter economy.
subject,Alr. iMiles, liust r i a n t e a s n
t a h r e g
d u i u n t e y n o t
f o i t t h t e h i
s s
t v a e t t e . y ,
;Ithus clearly.
..Suppose a case of a man who owned
a valuable estate, and, going from home,
had left in the care of an agent. During
the absence of the owner, the storm and
the tempest demolish his buildings, and
sweep away his mill dams. fits agent calls
upon a kind friend of the owner, ii ho gen.
erously advances the money, and the agent
goes on to repair the devastation which had,
been committed upon his toaster's proper
ly
during his absence, by the act of Cited. I
Thus his property is saved from further
destruction, and the profits again flow in
upon him. The owner returns, anti he is,
required to pay the money thus advanced '
for his benefit. Ile refuses, and alleges
that some of his own sub agents have
squandered, or misapplied a portion of the
money lent by his friend. Would any one
in his sober sense, say that this property
owner was acting the part of an honest
man, or a good citizen? Would it not be
considered a vioktion of one of the stiong•
est obligations of honor and morality, for
him thus to attempt to cheat his friend out
of the money he had disinterestedly and
generously loaned him? Just so contend.
ed Mr. Miles was the case of the Com
monwealth. The Legislature was riot in
session. The owners were not at home,
and the money had been borrowed by her
au that hied agents, and had been Avanced
by these banks."
The following supplementary message,
was sent in by the Governor, when it was
discovered that he had got into the wrong
Constitution. We leave it to all to judge
whether it was a mistake or not.
SUPPLEMENT TO THE SECOND
VETO,
GENTLEMEN:
In my objections to the bill
entitled "An act relating to Canal Commis
sioners," communicated to the legislature
on the 10th inst., a manifest error has oc
curred in quoting from the Constitution in
copying these words:—
"He shall appoint all efficers whose of
fices are established by the constitution nr
shall be established by law, and whose ap
pointments are not herein otherwise provi
ded for."
The quotation intended to be embodied
was and is the first clause of the Bth section
of article 6th, and is in these words
"All officers whose election or appoint
ment is not provided for. in this constitution,
shall be elected or appointed as shall be di
rected by law."
Which et ror I have to request my be cor
rected before printing.
DAVID R. PORTER.
Itarrisonls Cabinet.
ft is now universally admitted, that the
Cabinet of the President elect will be as
follows:
Daniel Webster, of Mass. Secretary of
State.
Thomas Ewing, of Ohio, Secretary of
the Treasury.
John Bell, Secretary of War.
George E. Badger, of N. C., Secretary
of the Navy.
Francis Granger, of N. Y., Post Mas
ter General.
John J. Crittenden, of Ky., Atlorney
General.
That such will be the Cabinet, we have
no doubt ; and that it will satisfy the
friends of "old Tip," there is as little.—
With such a Cabinet, there will be some
hope once more of our unfortunate coun
try. The names of the whole Cabinet
are familiar to most of our readers, with
perhaps one exception—Mr. Badger; but
judging from the following notice of him,
by the NN ashington letter writer of the
N. Y. American, lie may be considered
one of the ablest men of our country.—
He says:
early life Mr Badger w::s the pupil
of Wm. Gaston : at a later period, his ri
val for professional fame, but always and
now, his valued fritnl. It were no small
ioraise to say of Mr. Badger, that John
Marshall eegarded his among the first
intellects of the bar. Occasionally Mr.
Badger has been a member of the popular
branch of the North Carolina Legislature,
hut until the recent and great political
struggle through which the country has
passed, Mr. Badger has but sparingly
mingled himself in the contentions of po
litical parties. Men of all parties, how
ever, in North Carolina, acknowledge
with great pride his superior endow.
meats."
Another Fire
Occurred in Hollidaysburg, on Mon
day night of last week. The two new
frame houses owned by M. Kelly, were
entirely destroyed by fire. It is suppo
sed the fire originated from sonic ashes
People cannot be too careful of fire. The
people of that borough, seem to be,
ilmost, at the mercy of a fire now when it
takes place—they have no engine. We
dirndd think that a very good subject, on
which, to show sonic of their boasted en
terprizv.
Mitchell's System of School
Geography.
We find upon our desk the following
books, intended fur the use of schools,—
".11iickell's Geography awl /Mae; Mitch•
(ell's Geographical Reader, and Mitchell's
Atlas of Outline Mops." Of the first,
we can say, it is one of the most accurate,
land withal the most perfect Geography
land Atlas, we have ever seen. The maps
are from original drawings, and are clear,
I distinct, and not characterized by thit
apparent confusion of most school maps ;
land eminently calculated to facilitate the
'progress of the pupil. The "Outline
ttlaps" are merely outline sketches of
,ounti ies (anti are seven in number), and
intended to fix upon tha mind of the pu
pil, the precise locality of every place,
without pursuiag the common or ordinary
plan of drawing. This method we con
miler decidedly superior; and for this
reason, the pupil can fill up the names in
1 . the map without the tedious and useless
process of attempting to draw the rivers,
&c.,and their courses. The Geographical
Reader is calculated for a reading book,
which at the same time it teaches to read,
instills into the mind a fund of useful
Geographical fact, Lint being mingled
with matter which interest the pupil, leaves
an impression upon the mind which time
can hardly efface. ‘Ve commend the
books to our school directors.
State of the Bank of Lewis
town
Rbatary 9th. 1841
Dr.
To Capital paid in, • - $107,035 00
Notes in circulation, - 198,843 00
Due to Banks, - - 9,831 10
Commonwealth of Penna., - 283 33
Dividends unpaid, - - 1,974 80
Contingent Fund, - - 9,887 97
Interest account, - • - 4,023 96
*lndividual deposites, - 40,448 05
DAN, 460,329 2'2
Cr•
By Bills discounted, - 5338,924 23
' Notes of other Banks, - 1,700 00
• Specie, - - - - 33,696 13
Due from Banks, • - 73,685 34
• Lewistown Bank Stock, - - 250 00
' Expenses, •• - 834 98
B inking House & Fixtures, 9,783 57
' Lewistown Witter Company 1,000 5)0
'„ Profit & Loss, - - - 435 87
Suspense account, - - - 19 10
Dull's. 460,:129 22
'119,950 Cannot be drawn lor, unless
applied to bills discounted.
At a meeting of the Board of Directors
of the Bank of Lewistown, held at the
Banking House on Monday the eighth
(lay of February 1841, the following reso
lutions were unanimously adopted:
Resulted, That the highest credit is
due to the Farmers, Mechanics and other
citizens, of Mifflin, Centre and the ad
joining counties, for their forbearance and
courtesy towards this Bank during the ex
citement necessary attendant upon a re
, sumption of specie payments.
Resolved, That the Cashier be and is
hereby instructed to make out a statement
'of the affairs of this Bank up to and in
cludinr, this day, and have the same pub
lished, and a copy thereof forwarded to
all of our Stockholders,
• Resolved, That we do, hereby, pledge
our credit, fortune, anti honor, for the re
detnpt;on by the Bank of Lewistown, of
every dollar of its notes now in circula.
tion.
Joseph Milliken,
Joseph B. Ard,
James Pctler.
R, C. Hale,
Henry Long,
illiam Shaw,
F. If . Bowie,
.lamas Burn*,
Niel. Creswell,
John Sterrett,
IY. Butler.
A public meeting, has been called at
Washington, for the purpose of devising
suitable inauguration ceremonies.
HYMENEAL REGISTER.
The silken tie that binds two willing hearta.
MARRIED—On the 18th of February,
last, by John Thompson, Esq., Mr. JOHN
BROOKS, of West township, to Miss MA
'LILUA JANE HENRY, Oflrl'ee township.
OBITUARY RECORD•
"In the midst of lye we arc in death."
DIED,
—On Monday the 22nd inst., MARGARET
daughter of Jacob and Catharine FOcKLER.
aged ten years.
—On Sunday evening, the 21st inst. at his
'residence in Hendeison township, Col.
SAM'L HARGESHIDIER, late of Philadelphia.
—ln Hollidaysburg on Friday the 12th
inst., MART wife of Mr. William Snosso—
in the 30th year of her age.