GOVERNOR'S MESSAGE. To the Senate and House of Repre.senta• lives of the Commonwealth of Penn sylvania FBLLOW - CITIZENS :—The first and most important duty that devolves upon the Legislature, will be to examine into the financial embarrassments of the State, and to make suitable provision for the discharge of her liabilities. The entire amount of the funded debt of the State is 839,084.000 40. This debt is reim bursable as follows : In the year 1841, " 1844, " 1846, " 1847, " 1850, " 1853, " 1854, " 1856, " 1858, " 1859, " 1860, 0 1861, " 186% " 1863, 1964, 1865, " 1868' " 1870, Loan payable at the expira , tion of certain bank char , tern, $ 53,922 60 62,500 00 3,686,342 081 72,535 06 1,000,000 00 2,000,000 00 5,000,000 00 2,783,161 88 7,070,661 44 1,250,000 00 2,648,680 00 120,000 00 2,265,400 00 200,000 00 3,385,076 66 1,829,600 00 2,524,000 00 1,946,215 65 $36,469,998 87 Interest due Ist August, 1842, for which certi• ficates of stock were issued redeemable in 1843, interest due Ist February 1843, redeemable in 1846, Interest due Ist August, 1843, redeemable in 1846, 866, 625 53 859,084,000 00 Upon this debt the annual interet to be nail amounts to 131,941,827 23, to wit: Permanent loan at 6 per cent, $ 1,946,944 33 " loans at 5 per cent. 32,683,189 86 ~ loan at 4} per cent. Relief notes at 1 per cent, do. at 6 per cent. Arrears of interest due to our loan holders in August, 1942, and February and August, 1843, at 6 per cent. 2,614 601 53 $39,084,000 40 Thrre is also due to Domestic Creditors on certificates issued by the Auditor Gen eral, the sum of 206,461 00. For the interest annually accruing, and fur the temporary debts and liabilitirs of the State, provision should be immediate. ly made. The resources of the State are abundant, arid all that is required is the right disposition, and a judicious and proper selection of the mode in which these resources are to be rendered avail able. The amount of Taxes levied and paid into the State Treasury, under the exist. ing tax laws, was as follows : In the year 1841, the amount levied, was $416,794 85—there was paid into the Treasury during that year, $33,292 77. In 1842 the tax levied was 5659,512 47—the a mount paid in the same year was $486,• 635 85. In 1843, the amount levied cannot be ascertained with accuracy, in consequence of failures on the tart of the County Commissioners in several coun ties to make return to the proper ofLe ; but making an estimate from the best data that can be obtained, it will not fall short 945,000 00. The tax paid into the Treasury the past year was 553,911 38. The assessment for the ensuing year may be fairly estimated at what it amounted to the past year, provided the Legislature repeal the proviso to the 16th section of the Act of 27th J uly, 1842, entitled "An Act to provide for the ordinary expenses of the Clovernment—payment of interest upon the Slate debt," &c., which limits the assessment of the increased tax to one year. Unless provision be immediately made for continuing the assessment! and collection of the tax, our financial dill collies must be increased, and the conse quences be most disastrous to our State credit. It will be seen by the foregoing state ment, that nearly a million of dollars. aris ing from taxation remains unpaid ; and there is no authority vested in the Execu tive, by law, to enturce its collection. 1 have repeatedly recommended to the Le gislature, the adoption of seine legal method of compelling County Cuinmis sinners, Collectors and Treasurers, to perform their duties —but, thus tar, nu legislation has been bad upon the subject. In the present detective state of the law, every temptation is held out to Jelin quents to persevere in setting at naught its injunctions. Permit ins again to call the attention of the Legislature to this sub ject and to express the hope that this evil will be remeilietl. The whole receipts from our public im• pruvements, beyond the payment for re pairs, and the expenses of their charge and ma.tagemt•nt, durirg the past fiscal veer amount to $482,657 34. The current expenses of government, including the permanent appropriation to Common Schools and other purposes, linty ' e erimated at about 15750,000,00. The resources of the State, independent of taxaton, anti the receipts from the public improvements, at about 8400,000 00.— From an examination of all these receipts and liabilities of the State, supposing the tax levied underexisting laws, to be pone• bay oillected and paid over, there lAuu.l bean abnual deficit of about $150,. 000 00, independent of the balance due to Domestic Creditors; for the punctual paym e nt of all which, the State is bound by every obligation of faith and honor. After a most careful consideration of the whole subject, I have been unable to de vise any other mode of meeting this re ' sponsibility than that of augmented tax ation. I took occasion in my annual message transmitted to the Legislature on the Bth of January, 1840, to speak upon this sub- Pet in the following pointed and tine criivocal words. 1 beg leave to quote them, because I have reiterated, in every annual message to the Legislature since, substantially the same sentiments , and I desire the people of Pennsylvania and the whole world, to know, if There be ground to charge remissness of duty, to whom the fault is to be justly attributed : "In expressing my own opinion in favor of a resort to taxation, I do it with no in considerable degree of reluctance ; but it must be obvious to every citizen of the Commonwealth, that Isis house, his farm, and his property, are all pledged, beyond possibility ut release, to the ultimate pay ment of the State debt, and the interest thereon accruing, agreeably to the stipula tion with the loan holders. Nor is this the worst view of our situation. The State has been actually compounding, for years past, from a million to a million and a half of interest annually ; and the question is now submitted, whether we are thus to continue adding, half yearly, this enormous amount of interest to the principal of our State debt, and continue in this pusillanimous course of policy, from year to year, of shuffling oft the evil day, and entailing this frightful lega cy twin posterity. It is a reproach upon the people of Pennsylvania to suppose they can be longer kept in the dark, in regard to the situation in which we find them. All they want to know, to ensure a ready compliance with this indispensable call on their patriotism, is to know the ne cessity of the measu re. The experience of more than ball a century, fortifies me in the belief that the good sense of the people of this great Commonwealth, is rarely appealed to in vain. in assuming the responsibility of recommending this measure, I am fully sensible of what has to be encountered, and awaie of the con sequences that are to follow ; and it, in this expression of the honest convictions of my own mind, and the fearless dis charge of the duties incumbent on me, I shall riot be borne out by ruy fellow•citi. • zens, I shall at least have the consolation to know that I have done that which I conscientiously believe to be right, and which I think will bear the reflection of after years. The time tot evasion is gone; public mind has been too long fed with miserable expedients. The tune fur i,c• tion is at hand. Oar country expects every man to do his duty, and he that has not nerve enough for the crisis, should give place to thus better fitted t i n• the emergency. Neither the present Legisla ture, nor myself, had anything to do with contracting this debt—it is fixed on us by those who have gone before us ; arid the same rule of prudence and sound policy ; that would govern the conduct of a pri• vale individual, holds equally good in the case of the Commonwealth, under this state of things. The private individual would tax his industry and his property to the utmost, to pay off a debt and the inter est upon it, that was consuming the avails of his industry and his substance.—so, al so, it seems to me, should the representa tives of a wise and judicious people. Tax. :kilo° would pay the interest —it would eventually constitute a sinking fund to pay off the principal of the State debt, and should be continued till the income of the public improvements would render hinge' taxation urnecessary. The crisis demands the exercise of the most far reaching sagacity—the calmest judgment and the most fearless patriotism. I am sure the legislature will meet it in the right spirit, to disarm it of its perils.— Coming, as you do, from till quartets of the State, and possessing a more intimate knowledge of the circumstances and wants of the people than I can, I must cheertully surrender this important subject to you, satisged that prudence and justice will direct your action upon it." I used strung terms in speaking to the Legislature on this subject at that time, because it was an hour of darkness, un certainty and alarm. The explosion of the banks, the paralysis of the business energies of the country, and the murmur ings of those whose ambition seeks no higher aim than that of finding fault, were all calculated to deter even honest 569,505 50 873,988 00 873,988 00 200,000 00 1,467,628 68 171,636 00 men from faithfully performing their duty. So far as I was concerned, I was resol ved that both my opinions and my course, should be openly avowed and fully under stood. Four years have now elapsed ; time has been given to the excited to be come calm, to the timid to become sell possessed, and for factious partizans to see the error of their way. 1 look back with pleasure on my course, because, as I had no dolt)! from the beginning, I have been iumplianily sustained by the honest yet)• marry of Pennsylvania. They have bor ne , nithion t cloning, every burthen mat was necessary to tuatnrain Ille honor of the State, anti they ate ready to endure yet greater sacrifices, If they be necessary, for the same cause. It has of late been fashionable, in cer tain tiarters, to denounce Pennsylvania, and cite her as an example in point, to sanction the reproach which has been at tempted to be cast upon the American people, of seeking to carry into practical ,operation the scheme of repudiaang their public debts. ':'hose who have circulated and believed thii calumny, betrayed a de. gree of ignorance, both of the character of our people and of the course of her legit• lion which is truely surprising. On eve ry occasion, the liability of the State has been frankly avowed, both by her Exece• live and Legislative Depitrtments ; and although the recommendations of the Ex ecutive, to make provision for the pay• meta of her interest, have not been slop• tell to the fullest extent, yet the Legisla ture has passed laws imposing a tax, a• mounting the last year to little less than a million of dollars, and this has been Sc. seeded to by the people, without a mur mur from any source entitled to a mo• ment's consideration. The failure to pay the interest has not resulted from a want of disposition to do so, on the part of the citizens of Pennsylvania, but from the general disasters which have overwhelmed and crippled her, in common with almost every other government in the commer cial world. We are regaining oar ener gies, and recovering from the embarrass ments by which we have unfortunately been surrounded. A very few years will enable us to retrieve all we have lost, and to wipe from our escutchion every blot with which unexpected misfortune has tarnish ed it. Whatever the interested or evil disposed may have inserted to the contra ry, there is not an honest citizen of Penn sylvania who does not feel the proud con sciousness that her faith and intrgrity can be held up to the world unsullied. The valuation of the real and personal property owned by the citizens of the State, ascertained by reference to the val uation as taxed for county purposes, amounts to about four hundred and sixty millions of dollars. The average rate of this valuation is no doubt, considerably below the actual value of the property of the State. Among the receipts at the Treasury during the last year, there were from tolls, exclusive of motive power, $755,155 39 Auction duties, 59,661 78 Tax on collateral inheritance. 22,337 05 Dividends on Bridge, Turnpike, and Navigation Stocks, Escheats, $957,325 51 To which add State Tax received, 553,911 38 $1,411,236 89 This income, derived from the above sources, was specially appropriated to the payment of the interest on our public debt ; and on the faith of the State's ad herence to its solemn engagements, those from whom the money was obtained, were doubtless induced to make the loan. But, by the resolution passed the 7th April, 1842, and the acts passed 27th July, 1842, and Bth April, 1843, those !brads were applied to other and inherent purposes, from what was deemed by the Legislature, an imperative necessity, ins duced by the monetary embarrassments to which I have already adverted. It is thus shown that about three and a half per cent. at the interest could' have been paid the past year but for this subse. quint legislation ; and that the above sum of $857,325 51, together with a tax of less than three mills au the assessed val. ue of the real and personal estate of the citizens of the Commonwealth, would pay the interest of the public debt, beyond all doubt, and place Pennsylvania on that proud eminence which the true character of her people, and the resources which she possesses, designed her to occupy. But to satisfy the people of the propriety of this increase of the tax, assurance should be given that it would be applied to the peyment of the interest on the State debt, to the exclusion of every oths er object. There has been one objection made against taxation under the present state lof things, which appears to be founded in justice, and that is, the manifest unfair ness and inequality in the rates of assess• menu in the dilferent counties. I annex to this message a table showit►g the assess ments in the various counties in this Co mmonwealth, an examination of which will at once disclose the evils that ought to be remedied. Most of our laws on the subject of (axes and revenue, require revision and amend ment. Those relating to collateral in heritances, retailers and dealers in mer chandize, auctions and auctioneer•, and brokers require revision and modification to prevent evasion. Indeed there is good reason to believe the revenue from these sources might be doubled. The county rates and levies are not augment ed by them; nor does the State tax de.. riveti therefrom, bear any fair proportion to that exacted from the land holder. The inequality and injustice of the matter be• come manifest when the proceeds derived from each are considered. The tax necessary for the payment of the interest on our State debt, it has long been apparent to me, should be apportion ed among the several counties of the State, and a liberal discount or draw back allowed for prompt collections and payment into the Treasury. The members of the Legislature, coming, as they do, from the several counties, and each watchful of the rights and interests of his immediate constituents, would cer tainly compose aboard every way compe tent to make that apportionment. A more unequal one than that which now exists, cannot be readily devised. I am aware that each and every object and mode of taxation is more or less objectionable- —but that should not absolve us from our duty. I have submitted to the Legislature, my views again and again, on this subject; and that it has at times differed with me, is no cause of complaint—that difference of opinion having proceeded from a con scientious discharge of duty. But if the suggestions here made, do not seem right and proper, permit me to express the earnest hope that the Legislature will de vise some other mode, less objectionable, and that it will not seperate until full and ample provison be made for the punctual payment of the Interest on our public debt, semi-annually, as it becomes due, and thus smooth the way for those who may come after us in the administration of the Government. Before quitting the subject of taxation, it may be well to take a relative view of the taxes received at the Treasury, for the last three years, and the amount annually paid out to the several counties, fcr the purposes of education. The taxes re• ceived in 1841, amounted to $ 33.292 77 1842, .. 485,635 85 1843, .. 353,911 38 The moneys paid out for the purposes of education, during the same years, amounted, in 1841, to $365,760 04 1842, 315,372 43 1843, 408,694 36 51,089,832 83 So that it appears more money has actu ally been paid out by the Commonwealth, for educating her people, than the amount of State tax paid into the Treasury. It will be entirely practicable to make provision fur the payment of the semi annual interest, on and after the first of August next. And to provide fur every possible contingency, the State Treasu rer might be authorized to borrow, if ne cessary, a sufficient sum to make up any , deficiency, and the taxes and other re ceipts of the State, applicable to the dis charge of interest, be pledged specifically for the re-payment.of such loan, and ap plied as soon as received. • The arrears of interest due in 1842, and in February and August, 1843, have been funded, in conformity with the acts of Assembly upon that subject. This was the most that could be done for our credi tors under the circumstances, and it, herrafter provision be made fOr the 'punc tual discharge of the interest, it will I believe, be as much as could reasonably be expected by the holders of our loans. There is now due from the State to cer tain banks the sum of 81,467,628 68, on account of the issue of notes under the act of 4th May, 1841, which bear an in. terest of one per cent. By virtue of the act of Assembly passed the Bth day of April last, entitled “An act to provide for the payment of Domestic Creditors,"&c. these notes are to I►e cancelled at the rate of one hundred thousand dollars per month. The funded debt of the State bears an interest at the rate of five and six per cent. payable semi-annually. If this cancellation be continued at the same rate, it is very certain this interest cannot be paid, as a very large proportion of taxes and tolls will be paid in funds of this description. It is therefore, for the Legislature to determine which of these measures it is the policy of the state to pursue. 19,161 29 1,010 00 The revenues derived from the public works (luring the past fiscal year, although not realizing the estimates which were limited at the commencement of the year. have yielded a very handsome profit to the Commonwealth over the expenditures re quired fix• their maintenance. The report of the Canal Commissioners, which will be laid before you and to which your par. ticular attentiou is invited, exhibits in de tail the receipts and expenditures upon the several lines of canal and railroad. By that document, it appears, that, from the early closing of the canal by ice in the latter part of 1842, and its late opening from the same cause in the following spring, the navigable season of 1843 was rendered about eight weeks shorter than that of the previous year. A combination, likewise, took place among the boatmen on the Delmore Divisint► which lasted for several weeks, putting a stop to trans portation, and causing a toss of revenue to the Commonwealth of not less than $30,000. Notwithstanding these im• pediments, added to that experienced from high floods on the Juniata in Septem • her last, the tolls amount to $1,017,841 12, being an increase over the receipts of 1842 of $77,627 43. An abstract of the receipts and expenditures on the several lines exhibits the following result: EXPENDITUEES. RECEIPTS. Main Lino $254,036 82 $857,212 94 Delaware Division, 22,553 92 92,265 41 Susquehanna, North and West Branches, 59,226 80 62,206 41 Beaver, Shenango and French Creek, 15,410 82 6,156 71 $522,228 36 $1,017,841 12 Deduct Expenditures, 522,228 36 Excess of receipts over expen ditures, $405,612 76 Deduct drawback on flour and pork, 22,436 80 Add increase of stock on Columbia Railroad, 9,481 38 Clear profit of al the works for 1943, $982,657 34 The increase and decrease of tolls on the darer ent lines, es compared with 1942, were as follows: DECREASE. lacnsasr. Main Lino, $94,263 46 Delaware Division, $2,193 67 Susquehanna North and West Branches Beaver, Shenango and French Creek, Increase in 1843, And, on the seine lines, the excess .of receipts over the expenditures and all liabilities, is as follows: Mein Line, $419,220 70 Del aware Division, 69,711 49 Susquehanna, North and West branches, 2,979 26 Beaver, Shenango and French Creek, excess of expenditures over receipts, Total excess of receipts over ex• penditurcs, From these statements it appears that, with the exception of the small excess on Susquehanna and North and West Branch Divisions, the proWs upon the year's business, have been 'term(' from the Main line and the Delaware Division. The last named division has yielded a profit of five per cent. above the cost of its construction, which, for the loss of 'Tye noes sustained rein the combination a mong the boatmen before referred to, and interruption from breaches, would have been increased to over seven per cent. The Columbia and Philadelphia Rail road exhibits a very gratifying result.— The clear profit of the road over expendi ture and liabilities the past year amount to $202,966 65—equal to about 5 per cent. on the original cost of the t ailway and the motive power department. In pursuance of the provisions of the act of 7th March, 1843, a charter was is sued on the 16th day of June last, to The Erie Coal Company." The com pany is vigorously prosecuting the work, and gives fair promise of its early com pletion. That portion of the division from the Ohio River to the town of New Cas tle, according to the terms of the charter, remains in possession of the Common wealth, until the completion of the whole line. A large portion of the expenditures on it during the year, was caused by re pairs to the works since transferred. $1,075,840 00 It is evident Irmo the foregoing ab stracts, and from a review of the details, contained in the Canal Commissioners' report, that the Main line and Delaware Division, can, at all ti.nes, be made sour ces of profitable revenue to the Common wealth, by the exercise of a proper vigi lance over the disbursements. Much has been done towards introducing a system of strict economy, and dispensing with officers, agents and laborers, whose servi ces tend only to swell the amount of ex penditures. if the system thus begun, be carried out and perfected, all doubt must vanish as to the value of the two portions of the public works when considered as means of revenue. To the more general introduction of section boats, in consequence of the Stale having purchased trucks for their convey ance over the two railroads, may be traced the principal cause of the increase of tolls and tonnage on the Main line. The ex periment has been fully tested to the sat isfaction of the most sanguine friends of the system of individual competition in the carrying trade. These boots, during the past year have prevented combina tions, reduced the price of freight, increa sed the amount of tolls and tonnage, and given to our Main line a character for cheapness in transportation, which must make it the principal avenue to a market between the waters of the West and the Eastern Atlantic cities. A system of transportation which, in its incipient state, have been productive of such great bene fits, and which are so closely identified with the prosperity of the improvements of the Commonwealth, is entitled to the glistering care of the Legislature. In 1843, the amount of tolls paid by section boats was $114,227 47; of which 216,651 85 was for the use of the State trucks. To give efficiency to the system ; to inset the demands consequent upon the continued , increase in the number of section boats ; ' !and to prevent vexatious delays at the railroad slips, an increase in the number of trains of trucks has become absolutely necessary. As these additional trains will be required at the opening of the spring business, the expectation is enter tained that an early appropriation will be made to that object. Such an appropria tion will give an impetus to the spring bade, by giving assurance of promptness in the delivery of produce, goods, and merchandise ; to further increase section boats ; place the system upon it permanent basis; and insure to the Commonwealth all the advantages which must necessarily result from this improved mode of trans portation over our disjointed lines of canal and railroad. I would further recom mend that the appropriation be made direct, and not made payable out of the tolls for the use of trucks, so as to enable the Canal Commissioners to make the purchase on more economical terms than can otherwise be done, and to free the rate of toil, and the method of keeping the accounts, from the present complexity. will refer you to my message, return ing, without the Executive sanction, a bill entitled An Act to authorize the Gov ernor to incorporate the Pennsylvania Canal and Railroad Company from Phila delphia to Pittsburg," for my views in re lation to the impolicy of selling or trans ferring the public improvements to private companies. I deem it however proper to add, that, although my own judgment on this subject is perfectly clear, yet, if a second Legislature deem it advisable to concur with the former in providing for this sale or transfer, I do not know that I will consider the duty incumbent on me of offering further resistance to this pro ject ; provided sufficient safeguards be established to protect the public against frauds and colusions in the sale, and to ensure a proper regard for the public in • (crests, on the part of those into whose I hands they are subsequently to be trans • fer. ed. $473,175 96 13,906 08 536 28 16,636 03 $77,627 43 No report has been made by the Com • missioners named in the act entitled An Act to authorize the Governor •to ineor• pante the Delaware Canal Coinpany," passed 13th April last ; no am I in posses siun of any official information in relatith it to the same. Amik 491,011 45 09 the subject of the Banks 1 have lit tle to recommend. My views in relation to the system have heretofore been very fully expressed, and do not now need reit• eration. Most If nut all the solvent in stitutions have now resumed specie pays 'nerds ; and, taught by past experience, it is hoped they will so regulate their bu siness, and circumscribe their liabilities within the bounds of prudence,. that we shall not see a recurrence of the pecuniary embarrassments which have fur some years past distressed the community,— The gradual restoration of public and pri vate confidence, will enable the solvent institutions of the State to furnish a cur rency as fast as required by the wants of the country, which be redeemable in specie on demand. : 9,264 11 $482,857 34 • And DO bank charters will expire during the remainder of the present executive term, there will be no necessity for enac ting laws- fur their renewal at present.— The practice of renewing acts of incorpt ration fon. before the expiration of the existing c harters, is manifestly wrongs, even where it may be considered proper to continue them. Under present circum stances, I think it would not be right to embarrass th e administration obqk my successor, by prematurely legisla ting on subjects that will belong to that period of the administration of the govern ment. The situation of the country and its business certainly does not require the granting of any bank charters.- Believing that the evils of banking are corrected by the good sense of the community, I COl's• gratulate the Legislatuse upon the pros pect of being relieved from the immediate consideration of die subject for the pres. ent session, at least. The report of the Superintendent of Common Schools, will exhibit their condi tion in detail. Every thing calculated to . advance the interest of this most portant of all our institutions, cannot be too strongly commended to your attention. The vital interest of religion, murality. and civil liberty itself,. are dependent upon the cherishing aid and enlightened support imparted to our Common Schools , and higher Seminaries of learning. Here must be implanted the seeds of virtue, of intelligence, and of all that confers dis tinction upon our citizens. The report of the Adjutant General will be laid before you. I took occasion. in my annual message of 1840, to say that "our militia system is a tax, to a consid erable amount, upon the State Treasury. which might be considerable lessened if the Adjutant General were charged with the duty of personally superintending the system in its details, and properly cam— pensated therefor." In every annual message since, I have urged the impor tance of some attention to this subject.— . The office of Adjutant General lets teen tilled for several years by a gentleman of x i ' great practical knowledge amid experittice, who has devoted much tone and attention to the discharge of its duties ; and it has been a matter of regret that his sugges tions have not had the weight with the Legislature, to which they were so justly entitled. By the legislation of the last few years, one description of persons after another has been exempted from the pay ment of fines, until the amount received at the Treasury, during the past year, falls short of the expenses the sum of , $42,448 59. This state of things is so pals pably wrong, that nothing more is required 1 1 than to bring the facts to your notice, to • ! ensure an early correction of the evil. Pennsylvania has a force of upwards art thirty-live thousand volunteers, that compare with any troops in this or any lother country. I cannot too earnestly recommend them to the fostering care of the Legislature. Under the act of 24th March last, enti tled "An Act to create permanently the office of State Printer," Isaac G. M'Kin ley and nutter and Bigler have claimed to be State Printers; the former to do the English, and the latter to do the German printing, of the Commonwealth. The language of the Act of Assembly seemed to me to render the validity of this doubtful, and I caused the ques tion to be submitted to the Attorney Gen eral, whose opinion on the subject is here- with transmitted to the Legislature. I concurred with him, and accordingly de chord to approve the bonds 'mitered, informing the parties interested that the whole matter would be submitted to the. early attention of the Legislature. Had the parties interested reason to complain of the course pursued by the Executive, they might have applied to the Supreme .1 Court, during its session in Harrisburg for a writ of mandamus, directing the Gov. ernor to approve their bonds, which was a mere ministerial duty, unless lie could show some legal reason for his refusal. I was at all times ready to have met this is sue before that tribunal, and have at no , time entertained a doubt of the result, or propriety of my course. '1 In addition to the legal argument presen , ted by the Attorney General, which I re gard as unanswerable, there are some other circumstances connected with that election, which 'oaken it peculiarly neces sary that they should be brought to your most serious consideration. The election was postponed from time to time, from the 27th day of March, the third day after the passage of the law, and on which, actor• Jing to its provisions, it should have taken place, to the 15th day of April, on which, according to the certificate presented to me, it was made. During this interval of time, and before the day on which the election was consummated,! haVe Osten in-