mantled, early in my official career, the
resort of taxation, instead of additional
loans, to pay the interest annually ac
cruing, that the enlightened yeomanry of
Pennsylvania would, under the circum
stances, sanction the recommendation.
I am now convinced I did nut mistake
their true character; nor can the extraor
dinary conduct of some persons, profess
ing better principles, who first urged the
adoption of the measure, and afterwards
denounced those who acquiesced in it,
shake for a moment my steadfast convic
tions on this subject. I always believed
the people would do their duty, let it cost
what it might; the first instance is yet to
be fouitd in our history when they have
flinched from it, if rightly understood.
The unprecedented increase of our
population and resources , cannot fail, in
a few years to render our improvements
so productive as to supercede the neces
sity for taxation. The ultimate value of
our stopentluous system of public works
can hardly be estimated. They have al
ready added an incalculable amount of
value to the property of the citizens of
the Commonwealth, and given an earnest
of their character for future usefulness.
The travel and transportation upon them
must increase in full proportion with the
multiplication of our population, and the
developement of our exhaustless resourc
es. When it is recollected that the pop
ulation of this State in the year 1800, was
only 602,545; that in 1830, it was 1,049,-
313; and in 1840, it was 1,724,033; show
ing an increase within the last twenty
years, exceeding the whole population in
1800; and when it is remembered that
this immense increased and increasing
population has imparted, and is imparting
its intellect energy and industry to the
improvements of the agricultural, mining,
manufacturing and commercial interests,
of the Commonwealth ; and that durin ' e,
the past year, when trade and business l
was g reatly depressed; when the Dela
ware division was not in use until about
the Ist of August; and when the import
ant anthracite coal trade from the if yo
ming, Shamokin and Bear valleys, and
other intermediate points to tide; and
the bituminrus coal trade from the
Allegheny mountain, on the West Branch
and Juniata region, to tide; have been
barely commenced, ,the receipts of toll
amounted to the sum of $762,260 44, it
will be difficult to form a just estimate of
the extent of their future usefulness and
extended receipts.
These Internal improvements, for the
construction of which the principal a
mount of the State debt has been incur
red, consists of 7684 miles of canal and
railways completed, and 1654 miles o'
canal in progress of construction and near
completed.
_ _
The finished works are the following: miles
The Delaware canal. from Easton
to tide at Bristol 594 1
The main line of canal and rail-
way from Philadelphia to Pitts
burg
Canal from Beaver on the Ohio
river to Greenville. in the di•
rectlon of Erie
Canalal from Franklin on the Al•
legheny river to Conneaut lake 481
Canal, Susquehanna and North
Bratich from Duncan's Island to
Lackawanna
Canal, West Branch from North-
umberland to Farransville
Several side cuts and navigable
feeders
Total canals and railways comple
ted 768*
Canals in progress & nearly completed—
miles
North Branch extension, Lacka
wanna to New York line
Erie extension, from Greenville to
Erie harbor
Wisconisco canal, from Duncan's
Island to IVisconisco creek
Total canals in progress
The report of the canal commissioners,
with the accompanying documents, which
will shortly be laid before you, will show
in detail, the state and condition of our
public improvements. Having in former
communications to the legislature, stated
my views in relation to our system of in
ternal improvements, I beg leave, respect
fully, to refer you to them, as being un•
changed, without wishing unnecessarily
to extend this communication, by embody
ing them in it.
When I first entered upon the duties
of the executive department, the ques
tion of completing the North branch and
Erie extensions was submitted to the ac
tion of the legislature. The representa•
;fives of the people decided in favor of
completing both, and have by three sebse
quent acts, appropriated considerable
sums of money for that purpose. The
North Branch canal has already cost 62,-
348,276 38 of which the sum of $389,-
676 42 remains yet due to contractors-
The Erie extension has already cost about
$2,919,506, of which the sum of $574,-
406 23, is yet due to contractors. 'fhe
grave question is nowpresentod to your
serious consideration, whether, under all
the ciocurnstances, those two lines are to
be forthwith finished, or abandoned for
all time to come, and the entire amount
of labor and money expended upon them
thrown away. Contractors who have
gone on to the work, and perhaps execu
ted the least profitable part of it, will
have lair claims on the justice of the leg..
islature far the remuneration, for the los
ties they have sustained by an abandon
ment of the work by the commonwealth. I
Judging from the success which usually
crowns perseverence, in similar applica- 1
lions, before the legislature, there can be
l
little doubt that this class of claimants)
will not go away unanswered and unsat
isfied. The farmer whose lands have,
been cut up and destroyed, will also be a
just claimant for the injury he has sus
tained, for which the advantages from the
proposed canal will not be an available!
set off; and it may be well to enquire
whether the amount of those claims
would nut go far towards the completion
of those branches of our improvements.
The only valid objection to a prosecu
tion of these works to completion, is the
difficulty to be apprehended in raising the
necessary funds for the purpose. The
estimated cost to complete the Erie exten
sion is $536,142 46, and the North liralich
$1,2'8,415, independent of the arreara
ges due contractors, as before stated
which must be paid at all events. More
confidence can be placed in the accuracy
of these estimates of the cost of comple
ting these works, than could be extended
to those made in the earlier stages of our
public improvemonts, from the increased
practic,l experience of those intrusted
with the duty of making them. My own
opinion remains unchanged, that it is our
true policy to go on and complete both
these works with as little delay as possi
ble, This, however, is a question exclu
sively for your decision.
Fur the debts now due to contractors
on these lines, as well as for repairs on
the other lines, rendered indispensable,
and without which many portions of our
canals would have been unavailable and
uselss throughout the season, I respect
fully urge that some prompt and immedi
ate provision be made. Many of the con
tractors have laid out of their money for
a long time, and have suffered serious in
juries by the delay. if no better expedi.
eat can be devised, I would recommend
the immediate issuing of a six per cent
stock, to all such creditors, redeemable at
such time as shall be thought most expe..
dient.
The amount required to pay debts due
for repairs on the several lines of canal
and rail road, it will be observed by the re
port of the Canal Commissioners, is usu •
ally large. This is to be ascribed to the
unprecedented breach which occurred in
the Delaware Division, in January last,
which cost about $150,000; to the renew
al of the North track of the Columbia rail
road; to the rebuilding, in a permanent'
manner, the locks, bridges and argue
ducts on several of the divisions, and par
ticularly on the North Branch, where the
original superstructures, composed enti.
rely of wood, had no other alternative,
than either to renew them throughout, or
abandon the navigation entirely. It is al
so, in part to be ascribed to the fact, that
only a portion of the funds appropriated
by the act of 4th of May last, for repairs,
and to pay debts then due, became avail
able; leaving a large balance of the appro
priations to these objects, therein author
ized, still due to the public creditors.
There is always, even under the most
economical administrations of affairs, a
greater amount of expense incurred in
managing and keeping in repair great pub
lic improvements for the Commonwealth,
than it would cost if they were in the
hands of individuals. It is, therefore,
respectfully suggested for the considera
tion of the Legislature, whether the pub
lic interest would not be promoted, and
the amount of the State debt considerably
lessened, by a sale of the canals and rail
roads belonging to the Commonwealth,
or at least, a portion of them, or such oth
er disposition as would diminish their an
nual expenses to the Commonwealth, and
increase the amount of revenue from
them.
395}
111*
Were the Commonwealth free from debt
I should hesitate to recommend the sale
of any of her public improvements. But
oppressed as she is, the cost which the
repairs require, and the necessity of re
lieving ourselves as far as possible, induce
me to urge action on this subject, at least
so far as regards the Columbia railroad,
and the Delaware division of the Penn
sylvania canal. It will matter but little
to those interested in the use of the im
provements, whether they are in the hands
of the public or of individuals, provided
proper safeguards are enacted to protect
the public in the free use and enjoyment
of them, and to guard against abuses and
exactions.
If it be objected that sales cannot be
effected in the present state of our pecu
niary embarrassments, that will be no
reason why a law should not now be en
acted authorising the sale of such por
tions of them as shall be deemed proper,
subject to the approbation of the Legisla
ture on the sale being reported. If sold
even on an extended credit, it the princi
ple be secured, and the interest punctu
ally paid, it will so far relieve the Corn•
monwealth. If it were made a condition
that the State stock should be received in
payment, it would probably make the sale
more advantageous to the Commonwealth.
—The dispositions of capitalists would
thus be made known, and it can, at least,
be ascertained whether a sale at an ade
quate price can be effected. The policy
iit leasing for a term of years, one or both
of those improvements, has been more than
once suggested. Of the propriety of so
doing, I am not prepared to express a de
cided opinion, bat have thought it worthy
of a suggestion for your consideration.
That the public works should be unpro
ductive, is owing in a great measure to a
want of proper legislation on the subject,
and unless this be remedied, it must im
pair public confidence in their ultimate
utility. The Canal Commissioners have
' repeatedly urged upon the legislature the
propriety of allowing the Commonwealth
alone to carry the passengers on the Co•
lumbia railroad. No railroad in the Uni
ted States could sustain itself if it were
to relinquish the cart ying of the passen
gers, yet, on that road this strange condi-I
tion of this is exhibited. The State has',
expended in its construction over four
millions of dollars, while the capital em•
ployed by those carrying the passengers,
is perhaps thirty thousand dollars. The
State on her immense outlay, is reaping
about 3 per cent, while the individual car
ries on their thirty thousand dollars, are
clearing nearly 2.00 per cent. So it is, al
so, with regard to the transportatior be
tween Philadelphia and Pittsburg. That
line of our improvement, between those,
cities, was constructed at a cost of a frac.
Lion over fourteen millions of dollars.
The transportation on it, is monopolized
by some seven or eight companies, ems,
ploying, a capital of less than four hun
dred thousand dollars, yet while the state
is receiving little more than will keep it,
in repair, the transporters are realising
immense profits, and that, too, on a com
paratively small outlay.
This can only be remedied by vesting
the canal commissioners with full and
ample authority to adopt such measures
as in their judgment will be best calculat-,
ed toinlist individual enterprise, and invite,
competition, and to counteract the effects
of the selfish and monopolising system
that has controlled, and now controls, the
transportation on our public works.
It may possibly be supposed that the
canal commissioners possess adequate
power already for this purpose, but this
is to mistake the case. From the nature
of that department of the government, it
is always made the target at which the
discontented and interested point their
shafts. Not a session of the legislature
passes without harrassing the commission
ers with investigations,—the whole state
is ransacked for accusers,—every act is
questioned and misrepresented, and after
all, the result is fruitless. The first in•
stance is yet to be found, in which any
thing tangible has been produced, or any
salutary reform of the system effected.
Were the legislature to devote one session
to an honest and thorough examination
and correction of the abuses and defects
of the system, without annoying and pur
suing individuals for sinister ends, not
openly avowed, much good would be pro
duced; but under any other mode of treat
ing this subject, the issue must be as idle
and frivolous as heretofore. I do not
wish to preclude the most searc!!ing in•
vestigation. I merely desire to direct
your attention in a channel that will be
beneficial to the public.
One of the greatest evils of these fre
quent and frivolous investigations, is that
hey bring legislative investigations, them ,
selves into discredit. The persecution
of the innocent, always furnishes a shield
to the guilty.
It is now, throughout the country, a
matter of idle sport to talk of these inves
tigations. The mode by which they are
brought about :s well understood. A few
dissatisfied contractors and others im
pose on the credulity and stimulate the
ambition of some member of the legisla
ture to offer a petition, complaining of
public grievances. A committee to in
vestigate is appointed,—subpoenas are is
sued, and straightway swarms of hungry
confederates throng the seat of govern-
ment, to prosecute their claims before the
legislature,—to lounge at the public ex
pense, and join in a wholesale pillage of
the treasury. At the close of the session
the committee reports—the witnesses re
turn to their homes, and laugh at the trick
as they pocket the spoils. By reference
to this subject, it will be found that a large
portion of the legislative expenses is in
curred in this way. The extraordinary
increase of these expenses, over those of
all other departments has been of late
years a matter of just complaint.
It becomes my du tv in the next place,
to invite your earnest attention to the
present condition of the banks and cur
rency of this state. It is a most lamenta
tile fact, that, in relation to this subject,
the greatest irregularity and disorder pre
vail. It is true, we have little, if any, of
that wretched illegal trash in circulation,
which, durine. ' the eat ly part of the last six
years, infected all sections of the Coml
monwealth, in the forms of notes, checks,
certificates, &c., of corporations and in
dividuals, for small sums, put forth with
out lawful authority, and in spite of the
prohibitions of law: but we have, what is
little better, a large amount of notes in
circulation, ostensibly legal, and pur
porting to be of equal value, because foun
ded on the faith of the state, by whatever
bank issued, arid yet, notwithstanding this
fact, discredited and repudiated by the
very institutions for whose benefit and re
lief they were authorized to be issued,
The act of the last session entitled, "an
act to provide revenue to meet the de
mands on the treasury, and for other pur•
poses," under the provisions of which,
these small notes have been thrown into
circulation, having becsme a law by the
the sanction of two thirds of the Legisla
ture, according to the forms of the Con
stitution, notwithstanding the objections
of the Executive, I have exerted myself
to the utmost, to see its provisions proper
ly carried into effect. This was my duty, ;
as the Executive and I have faithfully per
formed it, agreeably to the best dictates '
of my judgment. I did hope that some
of the evils might have been obviated, if '
it was enforced by me, and acted upon
in a spirit of enlarged wisdom, by the
banks themselves, This hope has been,'
vain. The worst anticipations have been
realized, and it is my duty to suggest such '
la remedy, as appears to me, to be best)
calculated to correct the grievances, un•
der which the public labors.
By this act a loan of three millions one
'hundred thousand dollars was authorized
to pay specific appropriations made by the
said act, and the several banks of the
,Commonwealth, subject to the payment
of a tax on their dividends, were author
lined to subscribe for the same, in certain
proportions to the capital stock of each.
The whole amount of banking
capital in the Common
wealth is, $23,559,374
Banking capital not subject to
a tax on dividends,
Banking capital subject to the---
payment of a tax on divi
dends, 1418,409,374
Of the banking capital subject to the
payment of a tax on dividends, banks hold
ing to the amount of $10,836,145, did
not accept of the provisions of the act of
4th May, to provide revenue, and hence
the capital of the banks which did accept'
of the provisions of the said act, amounted
only to the sum of $7,573, 229.
.the whole amount of the loan taken by
the accepting banks and paid into tl.e
treasury is $1,756,650 68, leaving the
sum of $1,343,349 32, which has not been
received.
On the 30th August, 1841, 1 accepted
an offer of the Towanda Bank, to subscribe
for an additional sum of one hundred
thousand dollars of the said loan, and on
the same day I accepted an offer of the
Erie Bank, to subscribe for an additional
sum of three hundred and fifty thousand
dollars.
Of these offers the state treasurer agreed
accept from the Erie Bank the sum of
twetityfive thousand dollars, and from the,
Towanda Bank the sum of thirty-seven
thousand five hundred dollars. This
bank did not accede to the proposition to
accept a part of the sum offered, hence no
part of the one hundred thousand dollars
was received at the treasury. Thus it
appears a very large portion of the bank.
ing capital, subject to the operation of this
bill, has taken no part of the loan at all,
ind can, of course, have no claim to in
-lulgence under this law. Those banks
which have complied, stand in a different
position—their loans must be repaid be
!ore they can be forced to resume. It is
an inquiry of much moment, whether the
banks that have not complied with the
requisitions of the law, ought not to bey
deprived of tho advantages arising from
the use of the notes issued by those that
After the most patient reflection on this'
subject, lam persuaded that the only of
fectual and certain remedy is, to repeal
the act so tar as relates to the issue of
these notes, and to provide adequate
means to discharge the loan on which
'they are based. To pay this loan, a six
per cent. stock might be authorized to be
thrown into market, to sell for whatever
it will produce. Should their be a small
loss upon it, lam sure it will be deemed
a very inconsiderable matter, compared
with the inconvenience the people suffer
from the present state of things. To res
medy this, a sacrifice, to some extent, is
inevitable.
Connected with the repeal of this law
should be the enforcement of specie pay
ments by the banks. An early day should
be fixed fur this event, at least as early
as the first of June. The time, however,
is not so material, whether 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 for the public interest. The corn.
inanity has been lon g enough held in sus•
pense—let the filial issue be at once pre •
seated, and it is to be hoped the people
and the banks will be prepared for it when
it arrives.
Those banks which are in a sound con•
dition, will conform to the requisitions of
he Legislature, without much embarrass
ment; and those which are not, wilt thus
be brought to the touchstone of their• mer
its. The first will sustain themselves,
.he latter must take their fate. As soon
as the produce of the country has found
its way to market in the spring, the fro- 1
ple will be as able as at anv other period,:
to endure whatever hardship results from
this measure. Ido nut myself believe,
that any inconvenience which can arise
from it, will be greater, nor any thing like
so protracted, as those which are telt by
all classes now.
It seems to me it would be far better,
to bring matters to a crisis at once, than
to suffer under the slow, but death like
torpor that has already seized upon all.
very few may, possibly, fall victims a
little sooner, who could not escape in the
end, but the community at large will ul
timately experience effectual relief. Let
rashness, violence and injustice be stren
uously avoided, but no vain hopes, oremp
ty theories should prevent a cool, calm
contemplation of our duty, and a firm un
shaken discharge of it, without turnig to
the right hand or the left. A suspension
of specie payments is at variance with ev
ry principle of correct booking.
The forbearance hitherto extended to,
ihe banks has not been without its uses.
It has enabled the banks to test their alp
ledged ability, and to extricate themselves
from their difficulties, and has added
much to the stock of our experience. It
has clearly detnonstrated that the banks
could not regain public confidence, under
the indulgence they have received, the
system on which the'y are founded is es
sentially unsound, and requires thorough
amendment or extirpation. We have
witnessed, too, under its influence the
most extraordinary changes take place,
without any sudden or general convulsion.
A bank of thirty-five minions capital has
exploded and gone down in the midst of
us, comprehending within its sphere of
business the most extensive relations, both
with individuals and with other banks,
without making more than limited portions
of the Commonwealth feel the blow with
oppressive weight. Looking, therefore,
at all these considerations, the indulgence
heretofore given to the banks, furnishes
the strongest reason in favorof the course
I suggest, and lully justifies its adoption.
I have recommended to three several
legislatures the propriety of selling the
stock which tne State owns in the Bank
of Pennsylvania, the Philadelphia Bank
and the Farmers' and Mechanics' Bank,
and used every argument that I could
bring to bear upon the subject, to con
vince them of the propriety of separating
the Commonwealth from the banks, and
of disposing of the stock she holds in them
I recommended it in a message, commu
nicated on the 7th March, 1831,, ou which
day the market price of the said stocks
were, for the Bank of Pennsylvania, $496
for $4OO paid; Philadelphia Bank $lOB4
for 8100 paid, and the Farmers' and Me
chanics' Bank $62 fur 50 paid. The same
recommendation was again made on the
Bth January, 1840, at which time the fol.
lowing was the price of said stocks—for
Bank of Pennsylvania 8410; Philadelphia
bank $994; Farmers' and Mechanics'
Bank $544. A similar recommendation
was made 6th January, 1841, on which
day the following sales were made, viz:
fur Bank of Pennsylvania $412; Phila
delphia Bank $100; Fanners' and Me
chanics' bank 524, making the said stocks
held by the Commonwealth, worth $2,1
59,970. By the last sales made during
the present month, the market value of
those stocks are, for Bank of Pennsylva
nia $l6O, Philadelphia Bank $4B; Fat •
mers' and Mechanics' Bank 530; making
the present total worth of those stock
$902, 424; by which it is seen that by
the course pursued by the last legislature
in refusing to authorize a sale, the loss
sustained by the State, on those stocks,
amounts to the formidable sum of 51,255,
546. I renew the same recommendation
to you, for the reasons given, from time to
time, in my several communications on
,that subject.
5,150,000
Before I dismiss the subject touching
the Banks, I desire to call your atten
tion to the policy of :•echartering banks by
the legislature, during the present session
at air, When a charter for a batik has
been granted to a :itarber of individuals,
fin' a fixed period of
time, i. ' , re is no ex
press or implied obligation to renet . v it.
On the contrary, the very limitation snO , 's
that its existence is to be terminated at
the time designated. Its stockholders
know this and ci.nnot complain if held to
their bargain. The condition of bank ,
never is known till they are wound up
and closed. Their mode of doing busi•
tiess, enables them to defy public scrutes
ny, aad to acquire a credit and standing
to which they may not be justly entitled.
Frauds and irregularities of years perpe
tration, are cencealed from the eye of the
public, til! a final settlement of the con
cerns of the bank is made. Little knots
of persons confederate and gathered
round these institutions—reap the bene
fit of their existence.— monopolize their
advantages, and perpetuate their power.
We seldom find among them the energy.
intellect and enterprise of the communi
ty, but those who derive their consequence
from their combinations sanctioned and
invigorated by the law. I cannot think
such a system as this of perpetuating these
corporations, congenial to our free insti
tutions. It establishes monopolies of the'
most odious kind, because not limited in
(location. If the business of the COIIIIII4-
nity really requires the aid of a bank, in
stead
of renewing the charter of the one
about to expire, establish a new one. Let
its subscription books be opened 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 pal ticipate
in bearing the burthen.
Besides it is nut a fit time to renew
bank charters, or to establish new ones.
The public mind is not settled on this sub
ject, nor can we fully appreciate the sound
ness of the banking system, until a re
sumption of siieje payments takes place.
Let the recommendations I have now sub
mitted to you be adopted, and let us wait
a year at least to judge their results. This
experience will essentially aid future leg-
islation and perhaps rescue us from fatal
errors. The history of tha legislation of
this Commonwealth, in regard to banks,
is a succession of plausible theories, let
us hereafter rest it on the solid basis of en
lightened experience. Then may we hope
to escape the rock, on which all our banks
are now temporarily shipwrecked, I nape
arid trust most, if not all of them, are a
ble to resume specie payments; but it is
impossible to know this, or to confide in
their ability and disposition to do so, un•
til we have the proof, which they alone ,
can furnish. The public has ceased to
yield its credit to any corporate preten- I
sions, whtch are not supported by corres
ponding acts. I have appended several
tables connected with this subject, as af
fording matters of convenient reference.
The general subject for creating and
regulating corporations, is so intimately
blended with that of the banking institus
tions of the Commonwealth, as to claim a
place next in our consideration. I have
remarked in former messages, that the
creation of corporations for all purposes,
has been carried to a fearful extent in this
State. Year after year they have been
springing up around us on all sides, and
are rapidly becoming competitors with in.
dividuals in all sorts of business When
confined to their legitimate purposes, such
as the construction of midis and railroads
into our fertile interior, and rich mineral
regions, I shall not utter a word of com
plaint ; but to this limit, strictly should
they be restrained. The increase of cor
porations is a growing evil. I have again'
-cautioned the Legislature against the
granting of corporate privileges; I cannot
too strongly impress this caution upon,
your minds. On referring to the acts of
the last Legislature, we find the grant of
corporate privileges to have been tree and
almost indiscriminate. So much so, that
of 141 laws enacted, more than one third
were either acts of corporation, or acts r
supplementary thereto. I adhere to the
opinion, heretofore expressed, that corpo
rations
ought never to be created, where '
the object to be accomplished is Within
the reach of individual exertion. 'They
absolve men from personal liability, anil
may tend, by endue combinations and
concentrated action, to embarrass the op
eration of government, and interfere with'
the popular suvereignity. Let the present
.st
Legislature set the ex - ample of resisting
these monopolizing encroachments. If
the propriety of this course was vier'
;doubtful, the experience of a few year*
!past has dissipated all doubt, and clearly
marked out the path of duty.
On this subject there is another matter
which has been repeatedly brought under
my notice. I allude to the extension of
authority to create corporations for various
purposes, conferred on the courts of com
mon pleas, by the 13th, 14th, 15th, and
16th sections of the act of the I3th of Oc
tuber, 1840, entitled "An act relating to
orphans' courts and for other purposes."'
I Charters of incorporation are procured
under this law, on application to the re-•
spective courts of common pleas, without
i being subjected to any restraint or control,.
than their own hasty perusal. Notice, to.
be sure, is directed to be given, but that
is of little avail. There is no common
standard for the whole State, as was the
case when the charters were to be ap
proved by the Attorney General, and the
judges of the supreme court, and enrolled'
in the department of State, at the seat of
Government.—Under the old system,
there swiss uniformity in the provisions
contained in these charters, but now, un
der this new law, the discretion of differ
ent courts may essentially differ and ul
t mate confusion and disorder cannot fail
to ensue. These domestic corporations,
as they may be called, are of great ser
vice to the public, but it may be fairly
questioned whether it will not detract
from their uses, to render their creation a
•
"natter too ready and unclreeked• I in•
:ite your attention to this subject, and if
you shouifl agree with me in opinion, it
will be easy to remove all ground of com
plaint, by restoring the power of granting
these charters, to the hands in which it
gas been safely lodged, for upwards of a.
century. The delay and inconvenience
of the old system, were fully counter bal
limed by the certainty, consistency anit
lnifortnity of the corporate powers and.
privileges enjoyed by the corporations cre
ated.
The Legislature, by the act of 16th of
June, 1836, conferred equity, or chancery
powers, on our supreme court, courts of
common pleas and district courts in cer
tain specified cases. There are also cer
tain other enactments, on the same sub
ject, in the 39th section of the act of 13tlt
June, 1840, and perhaps in other acts. It
is stated that some of the provisions at
these various laws are incongruous, that
the jurisdiction conferred is not expressly
defined and it has been decided by the
suprenv; court, that the parties aggrieved
have no redress by appeal from the ink
rior tribunal to the supreme court, or by
writ of error from the latter to the former,
—lf it be deemed advisable to retain the
features of these enactments in our juris
prudence, it would seem requisite, that the
evils complained ot, should be removed
by legislative enactment.
I would also recommend an examina-
tion into the state and condition of the ex
tent and business of the several judicial
districts of this Commonwealth, so that
the amount oflat.ior of the several Presi
dent Judges, some of whom are at present
overburdened, may be in some measure
equalized.
There are complaints of the accumula
tion of business in the courts of the city
and county of Philadelphia, and especially
of the difficulty of teaching, a reasonable
time, the trial of causes at nisi prius its
the supreme court. This last is said to
arise from the time that the court is ne•
cessarily obliged to devote to the business
in bank, where they have to decide ap
peals, and writs of error. Whether such
complaints be well founded or not, I ant
not prepared to say. A careful examina
tion into the whole subject, sad such en
actments as shall be found necessary to
meet any evils that may exist in °the ad
ministration of justice, and give to every
one an opportunity of speedily trying his
cause, is respectfully recommended.
It is often made the subject of com
plaint, that the decisions of the su
court are not published under the
vision of a Reporter, appointed by al
ity of law. I think it is worthy yot
quire, whether the public interest
not be promoted, by providing tor tl
point tent of such a reporter, wilt
be responsible to the pul,fic,. for the
ner in which he discharges hie Jut:
Complaints continue to be ma,
many counties of the manner of se!
jurors. Unless additional guard be t
around this inestimable right, public
fidence in the trial by jury will be
diminished. This most wise, and
able ofall human awl social. institu