GOVERNOR'S MESSAGE.
I—
Fellow-Citizens of the SenaUI
and of the House m Representatives:
. In discharging the duty devolved upon me by the Constitution, by "giving
to the General Assembly info"Jnation of the State of the Government, and re-
commending to their consider*'Ion such measures" as are deemed to be "expe-
dient," it is a source of satisfaction to believedhat, within the last two years,
nothing has occurred in the Stc't^ Administration to diminish or impair the pros-
perity of our people, orthe gn»ing importance of the State as a member of
the Union. Order has prevailed, and the laws, as/ar as I am informed, have
been faithfully executed. All the elements of our accustomed prosperity, af-
forded by a genial climate and a fertile soil, the enjoyment of usual health,
and the inestimable blessings o$, civil and religious liberty, continue to exist.
A people thus favored ,o,ver millions of the human race in other parts of the
world, should be ever mindful of the high obligations they owe to the authorof
all good, in whose hands are tl|e destinies of nations and of men, and upon
whose wise councils they are dependant for the preservation and continuance
of these blessings. I
Whilst the products of the l^bor of the agriculturist have been rewarded
with fair prices, habits of frugality and economy, within the last two years, have,
been in a great degree substituted for that spirit of extravagance and specula-
tion which had for some years prevailed in every portion of the Union. Pru-
dent men, with few exceptions, cfyiefly among the mercantile and trading classes,
who had extended their busine,<-jand speculations beyond their means, and be-
come too deeply involved enthtly to recover, have been enabled lo relieve
themselves from much of the pecuniary pressure and embarrassment under
which they labored. ! " *"
Ours is essentially an agricu) Iral State. Nineteen-twentieths of her pop-
illation are cultivators of the earth, and the protection of their interests there-
lore, at the same time that the just rights of others shall not be impaired,
should at all times be an object, vf paramount consideration.
It has but too frequently happened that the course of legislation and the op-
erations of Banks, in many of up Stntes, have been made to take a direction
to favor the supposed or realiqt vest of large dealers and speculators, to -the
manifest prejudice of the farrohpg and planting classes. What the farmer or
planter should most desire is a .tegular cotysp #®f policy, steadily pursued,..by
which prices may remain settle i and not be Subjected to great and sudnen
changes, often brought about by extended Bank credits to small cle?s whe
leave overtraded or engaged in vikich&ry or disastrous speculation*. #
There is reason to believe thuMtywas*by a cbyrse of Favbritfstn-of lljis kind,
in extend .ng enoirnoas loans to t^few large eoroinismea and trading house?,*t<j
4
the almost total exclusion of smaller dealers and the body of the community
thai much of the embarrassments which fell upon our Banks a few years ago
and through them upon the people, is mainly to be attributed.
The suspended debts of our Banks, it is believed, will be found to consist
chiefly, in demands against a very few of the larger borrowers, with some of
whom it is known they have been compelled for their own security to com-
pound by the purchasdwbf real estate and other properly, which has become for
a time dead in their hands, and is alike unavailable to themselves as Banking in-
stitutions,and to the community as affording to them the means of furnishing
to the people a sound convertible currency. It is understood that our Banks
are nowt rapidly converting these and other unavailable, into available means,
thus placing themselves in a position of increased strength; and it is hoped
they may, for the future, profit by the experience of the past.
Other causes which contributed to the embarrassment of our Banks in com-
mon with most of the Banks of other States, upon the occurrence of the gene-
ral commercial revulsion which took place in May 1837, were so fully present-
ed in my message to the last General Assembly, that it is deemed unnecessary
again to refer to them in this communication.
It was hoped and believed when the Banks of the State suspended the pay-
ment of specie a second time, near two years ago, that it would be of tempora-
ry duration. In the reports made to the General Assembly at its last session
by the Boards of Directors of the Union and Planters Banks, assurances were
given that they were fully solvent, that they would be prepared to meet all their
liabilities at an early day, and that they considered "their suspension as tern-
porary." The General Assembly having adjourned without any legislative
action on the subject, I regret to say lhat all the Banks of the State, except
the Branch of the South Western Rail Road Bank at Knoxville, still continue
in a suspended state. If the question of resumption be left to the voluntary
action of the Banks, this state of things may continue for an indefinite period
of time. And the question arises whether the duty does not devolve on the
General Assembly, as the immediate guardians of the interests of the people,
to adopt suitable measures, at their present session, requiring these institutions
to return to cash payments. Whilst the suspension continues, the tax upon the
active industry and labor of the State, imposed by the depreciation of their pa-
per issues, must continue to be borne; and whilst the people are suffering the loss
to the amount of this depreciation, as they have done for the last two years, it
is understood that two of our principal stock Banks (the Union and Planters
Banks) have since your last adjournment declared a dividend of profits among
their stockholders. This is so manifestly improper, that I am constrained by a
sense of duty to bring the fact to your notice. Principles of common justice
require that they should pay their debts to the community before they divide
profits among their owners.
During periods of suspension, Banks, owned by individual stockholders,
tempted by a desire to enlarge their profits, often unduly extend their business,
and generally at the expense of the community in which they exist. There
is no sound principle of ethics or of public policy which should exempt Banks
from the moral and legal obligations which rest upon individuals to pay their
debts. They are generally composed of wealthy capitalists who have thrown
their joint funds together, and under a legislative charter of incorporation,
engaged in the business of banking with a view to make profit. They are
usually invested with exclusive rights and privileges which are withheld from
die balance of community; and in consideration of these, they contract certain
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duties and obligations to the public which they should be required strictly to
perform. The most important of these, is to pay their liabilities in specie on
demand, and I recommend to the consideration of the General Assembly the
necessity of making suitable provision by law to enforce the faithful observ-
ance of this, as well as of all other obligations which they have contracted.
Let a future day be fixed upon which they shall be required to resume, giving
them reasonable and sufficient time to prepare to do so, without oppressing
their debtors. In fixing a future day for resumption, the occasion may be a fit
one to impose such additional restrictions, liabilities and penalties, as experi-
Once may have shown to be necessary to guard the public against future sus-
pensions. If the Banks have violated their charters, the General Assembly
possess the undoubted power |o impose such restrictions, liabilities and pen-
alties, as conditions upon which they may be permitted to continue the exercise
of their corporate privileges. To ensure resumption on the day which may be
fixed, and a faithful observaice of their obligations afterwards, it must be
made the interest, as well as the duty of the Banks, to conform to the Legisla-
tive requirements, by keeping (heir business in such condition as to avoid future
suspensions. As means likely to effect objects so desirable, I submit to the
consideration of the General Assembly that they should not be permitted, du-
ring the period of their suspension, and for a limited time after resumption, to
declare any dividends of profits to their stockholders, and that a general pro-
vision should be made by law! requiring any of the Stock Banks which shall,
after the day which may be fixed for their resumption, again suspend for a
greater period than a specified number of days in any one year, to be placed in
the hands of commissioners for liquidation and final settlement of their affairs.
It is believed to be far belter for the community that all the Stock Banks,
which may so manage their business as to be unable to pay promptly the de-
raands upon them, should wind up their affairs, and let their places be supplied,
if the interests of the State sluill be found to demand it, by an enlargement of
the capital of the Bank of Tennessee, owned exclusively by the people of the
State, and under the sole control of their immediate Representatives. To
sanction by the silence and acquiescence of the public authorities repeated
suspensions, and often for long periods of time, is to tolerate a legalized fraud
upon the note-holders as impolitic as it is unjust. The loss sustained by the
people by the depreciation of (Bank paper since the last suspension of our
Banks, has been far greater than the whole amount of the annual tax which
they are required to pay for th$ support of the State Government, as will be
manifest by adverting to a few facts. The average amount of Bank notes of
all the Banks of the State in circulation during the last two years, it is esti-
mated will not vary much from three millions of dollars. The average rate of
depreciation of these notes during the same period below specie, has been
about Si per cent., being sometimes at 6, and at others at 11 per cent. This
heavy loss has fallen upon the people; every note-holder bearing his propor-
tion, whilst the Bank-owners, as we have seen, have been dividing profits
among themselves.
As far as my information enables me to judge, our Banks are believed to
be in a solvent condition, and could, if reasonable time be given, be prepared
to resume payment permanently, without inconvenience to themselves or op-
pression to their debtors . The interests of the public in my judgment demand
it, whilst none of the rights of the Banks themselves will be infringed or im~
paired if they shall be required to do so. Unless efficient legislative actom
be had on this eubj ect, the public can have no guaranty\ * tvWt period the
6
principal Stock Banks may resume, for it is a feet worthy of observation, that
much the larger portion of their capital stockj it i3 understood, is owned
by citizens of the eastern cities and of other States; and however much the
local stockholders may be disposed, from a sense of propriety and duty, to return
to cash payments, they may, and probably will, be controlled in their policy
by their non-resident co-partners, who have no interest in common with the
community in which these institutions exist, and who may be contented that
they shall remain in their present suspended condition so long as they can
receive their accustomed dividend.
This is not the first time we have had a suspension by the Banks for a pro-
tracted period in this State. In 1819, the Banks, not only of this State, but
generally throughout the Union, suspended payment. In 2821, and again in
1823, tire General Assembly passed laws requiring them to resume, and in-
pursuance of these laws they did resume in 1824 and 1825. During this long
suspension of five years or more, the depreciation of their paper was greater
than it is at present, being at sometimes as greaj: as 25 and 30 per cent. This
heavy lo^f ^pon the community would doubtless have continued longer than it
did at that time, but for effective Legislative interposition. At that time, as at
the present, it was urged, chiefly by the banks themselves, their debtors, and
those who hoped to obtain further loans, that it was against the public policy
to force or require resumption, because, as it was said, the specie in their vaults
would be taken from the State and their immediate debtors, and through them
the community oppressed. 1
The General Assembly thought otherwise.i They passed laws requiring
them to pay their debts, under pain of losing their charters. They did resume
and no such consequences as had been predicted followed; and the opinion
"is confidently entertained that no sach consequences as are now predicted would
follow a resumption, especially if reasonable jtime be given to the Banks to
prepare for the same; but on thq contrary, thai the public interest would be
greatly promoted by it. . '
The evil consequences apprehended by many as likely to follow resumption
by the Banks of one State whilst the Banks of other States remain suspended,
it is believed are more imaginary lhan real. The Banks of New, York and
of thelStates east of her, it is known, did not yield to the suspension which took
place in Pennsylvania and other States in her neighborhood in October, 1839;
but have continued to pay specie and to maintain a sound convertible currency.
The Banks of Missouri did not suspend at that time because those of the States
adjacent to her territory did so, but continued to pay specie. In the specie
paying States the money market is easy, and there is no pressure on the peo-
pie. The Banks on returning to cash payments should be in a position of
strength, and may for a time, and until general confidence is restored, deem
it prudent somewhat to restrict their business; but this cannot operate as any
general or permanent inconvenience to the public, and would be much more
than counterbalanced by the sound state of the currency which would be re-
stored. To wait for the action of other States, is to make our policy depend^
ant upon theirs, whilst they in turn may make theirs dependant on ours, and
thus the suspension be continued much beyond tho period when all solvent
Banks dould be in condition to pay. The General Assembly of 1821 and
1^23, did not wait for the uncertain action of other States, but required our
Banks to resume without reference to what their course might be. If this
State leads ofTbind manifests a fixed purpose to require her Banks to pay, there
7
«an be but little doubt that the other States in the south and south-west will
soon follow her example.
The whole subject is submitted to your deliberate consideration, in the full
confidence that you may adopt such measures as will protect the interests of
our common constituents from the heavy losses which they have borne and
still bear by the failure of the Banks to perform their chartered obligations.
In the Bank of Tennessee every citizen has a direct interest. Owned as
it is exclusively by the State, it should receive the constant and fostering care
and attention of the General Assembly, That institution, I am happy to state
from information derived from its officers, is in a perfectly solvent condition,
and can be prepared to resume payment permanently at the earliest future
day whiqh may be designated for resumption by the' Stock Banks. Should
that Bank be required to resume without the co-operation of the Stock Banks
in its immediate neighborhood, it would probably be compelled for a time
somewhat to restrict its business to avoid embarrassments from their opera-
tions. To avoid this, all the Banks of the State should be required to resume
at the same time. j
Since your last adjournment, and in pursuance of the act of the 28th of Jan-
uary, 1840, entitled "an act tp provide for the reduction of the State debt,"
I have caused to be cancelled] and destroyed, fifteen hundred State Bonds of
one thousand dollars each, which had been issued by my predecessor and
placed in the Bank of Tennessee for the purpose of being negotiated to raise
one million five hundred thousand dollars as a part of the capital of that
Bank. The actual captal of jthe Bank on the 1st day of October, 1841, was
three millions one hundred ajid twenty.,two thousand, seven hundred and for-
ty-six dollars and eighty-six dents, and consists of
Proceeds of sale of six pet* cent. State Bonds, $1,000,000 00
School Fund collected and proceeds of sale of Ocoee lands, 769,537 31
United States surplus revenue on deposit© with the State,, 1,353,209 55
' $3,122,746 8ft
The Bank is required to pay annually out of its nett profits $118,000, lor
the support of Common Schools and County Academies; the annually ac~
cruing interest on the Bonds of the State negotiated to raise $1,000,000 of
its own capital, and the interest on the Internal Improvement Bonds, which
have been or may be issued. jThe total amount of the Stale Bonds which
have been issued up to this datp for purposes of Internal Imporyement under
the acts of 1836, 1838 and 1840, the interest upon which the Bank is required
to pay, is $1,816,916 661. Of this amount $300,000 bearing an annual in-
terest of 5 per cent, were isstted on the 2d of July, 1838, for the improve-
ment of rivers, but not having been negotiated remain on depoaite in the
Bank, and no interest has been paid thereon. Exclusive of the River Bonds
the total amount issued is $1,516,916 661. Of this latter amount, $263,-
166 66i bear an annual interest of 51 per cent., and $1,253,750 bear an an-
nual interest of 5 per cent. Of the Bonds issued under the act of 1836, bear-
ing an interest of 51 per cent., $66,666 668 were issued to pay the State
subscription in the Nashville, Murfreesborough and Shelbyville Turnpike
Road Company, and by the stipulations of the company, the interest on this
amount has heretofore been punctually paid by them as it fell due, leaving the
interest to be paid by the Bank on $196,500 of the 51 per cent, bonds^ The
annual liabilities of the Bank,}therefore, are as follows:
Appropriated for Schools and Academies, $118,000 00
Interest on Inprovement Bonds $196,500, at 51 per cent. 10,316 25
Interest on Improvement Bonds $1,253,750, at 5 per cent. 62,687 50
Interest on Bonds, Bank Capital $1,000,000, at 6 per cent. 60,000 00
$251,003 75
The nett profits of the Bank and branches during the year ending on the 1st
of July, 1841, are estimated by the President of the Bank at $260,000.
The annual liabilities of the Bank will be increased, by the interest to be
paid on any additional amount of Internal Improvement Bonds which may be
hereafter issued in pursuance of law, and will be .diminished by the amount of
the State dividends, which may be hereafter declared by the several Internal
Improvement Companies in which the State i^ a stockholder. Most of the
•works of Internal Improvement in which the State is a stockholder are as yet
in an incomplete state, and no tolls have been Collected, or dividends declared
thereon. Upon some of them which have been completed in part, or in whole,
toll-gates have been authorised to be erected, and the Companies are now re-
ceiving tolls, but of so recent a date, that no dividends have been paid to the
State, except by a single Company amounting to $1,620.
It is believed that some of the principal roadsjwill, when completed, yield a
profit fully equal to the interest to be paid on the Bonds issued for their con-
struction, whilst others will fall short of thatampunt, leaving the deficiency to
be paid by the Bank.
The Bank hasj heretofore met these liabilities with promptness and fidelity,
and no doubt is entertained, that under proper management it will continue to
do so. The interest on the State Bonds has been paid on demand in specie as
it fell due, and the good faith and honor of the State preserved. In view of
its annual liabilities, it is of great importance tljat the Institution shall be pru-
dently managed, and kept in a sound conditioif. If from mismanagement or
other casualty the Bank should fail by its profits to meet the demands upon it,
the deficiency must be supplied by a tax on the people. It is deemed to be es-
sential to the safe and successful operations of the Bank, that a greater power
of control over the branches than now exists, should be invested in the princi-
pal Board of Directors. There must be an adequate power of control in the
head, otherwise, uniformity of action in the branches cannot be expected. In
the absence of such a power, a single branch may embarrass the whole institu-
lion. Whilst one branch maybe expanding, another may be contracting its
business, thus acting, each without concert with the other, or a common object
in view, and rendering the operations of the institution as a whole at all times
uncertain, if not unsafe. By the provisions of the existing laws the branches,
though in many respects connected with the principal Bank, are practically
and in effect independent of it. The principal Board may recommend the pol-
icy and course of business to be pursued. But the branches may disregard the
recommendation as they have repeatedly done since the establishment of the
institution. An instance of this, among others which might be stated, is to be
found in the expenditure by the branches since] the Bank went into operation,
and without the authority of the principal BoaM of $71,285 82 in the purchase
of lots and the erection of Banking houses; and the President of the principal
Bank estimates that $10,000 more will be explended by the branches for the
same purpose to meet existing contracts which jthey have made. That this de-
parture by the branches from the course recommended by the principal Bank
may be more clearly seen, it is only necessary no advert to the report made by
9
the President of the Bank to the last General Assembly. In that report it is
stated that "the principal Bank shortly after it commenced business, finding a
"disposition in some of the branches to erect Banking houses, adopted areso-
"lotion" That in the opinion of this board, it is inexpedient to invest at this
"time any portion of the capital or profits of the Bank in the purchase of
"ground, or the erection of a Banking house, either for the principal Bank or
"any of its branches, a copy of which was forwarded to the several Branches,
"with a request that they would adopt a similar course."
No Banking house was erected by the principal Bank. The branches dis-
regarded the request, and have gone on to purchase ground, and erect houses
at the expense already stated. '
It is further respectfully submitted to your consideration whether the safety
of the public funds, as well as thfe permanent success and usefulness of the Bank,
would not be promoted by lessening the number of the branches. If such re-
duction of their number shall
>e deemed proper, and shall be made with due
discrimination, regard being had to the commercial wants and interests of the
several divisions of the State, i is believed that no local or public injury would
be suffered, whilst the annua! pxpenses would be reduced, and the institution
itself be placed on a firmer and safer basis, than is likely to exist, with the
present number of branches.
I have received from the President of the South Western Rail Road Bank of
Charleston, South Carolina, a statement of the affairs of that Bank, and of the
branch thereof1 located a Knoxvllle, m this State, with a consolidated statement
of both as they stood on the 1st Hay of October, 1840, whtclr I herewith lay be-
fore the General Assembly in conformity to the provisions of the 9th section
-of the act passed at Nashville, December,5th 1837, entitled "an act to confer
Banking privileges on the Stockholders of the Louisville, Cincinnati and
Charleston Rail Road Companion certain terms and conditions." The capital
stock furnished by the principal Uank to the branch at Knoxville was oke htjn-
dred thousand) dollars. Thati Bank, much to the credit of its managers, has
paid specie on demand for all its liabilities from the date of its establishment.
The laws prohibiting the issuance, or circulation of change tickets or small
paper bills by individuals and Corporations other than Banks, have been eva-
ded, and w$l require revision, ^ome of the Internal Improvement Companies
in which the State is a copartneil it is understood, have issued small paper bills
in the form of scrip or checks, aijid put them into circulation as money, without
any specie basis upon which to r^st, and without authority of law.
The Bank of Tennessee by a Wise provision in the act creating it, is restric-
ted from issuing any note of less denomination than ten dollars, whilst the
Stock Banks are in like manner [prohibited from issuing any note of less de-
nomination than five dollars. 1
The object of the General Assembly in imposing these restrictions was,
doubtless, that the channels cf circulation under these denominations should
be supplied by the precious metals. That object is thwarted whilst individuals,
commercial houses, or incorporated improvement Companies are permitted, by
an evasion of the law and the Well known intention of the General Assembly,
to put into circulation a base and In many instances, worthless currency, which
usually falls ultimately upon thejholder, who has given his labour or his propx
erty for it, either wholly uselessW at a ruinous depreciation; thus operating
as a tax and a fraud upon the public. Whilst a spurious currency of this de-
ascription is, permitted to circulate, the precious metals of the same denomina-
fion will be banished from circulation and general use, and will only be ob-
10
tained through the hands of brokers and others as an article of merchandise.
On the other hand, if the smaller denominations of paper bills are prohibited
from circulation by adequate penalities, the laws ol trade, and the public wants
will force the metals to take their places, whether the local Banks pay specie
or not, as naturally and as certainly as that w^ter will seek its level. I re-
commend therefore, that after a future day to be designated, the issuance or
circulation by individuals or Corporations of all paper bills under five dollars,
jbe absolutely prohibited under adequate legal penalties aud if it shall be
deemed necessary, in order to guard against any public inconvenience for the
want of specie change, the Banks may be required to pay the smaller denom-
inations of their notes at an earlier day than t|at fixed for the general resump-
tion. t
The system of Internal Improvement established iby the act of 1836, and
extended by the act of 1838, has been execu^d in strict conformity to the
provisions of the act passed on the 25th of Jarfuary 1840, entitled "an act to
repeal all laws authorizing the Governor of this State to subscribe for stock in
any Internal Improvement Companies on benalf of the State, and for other
purposes." All Internal Improvement Companies falling within the provisions
of the latter act have been required to conform their action to it. A few of
the companies at first objected to the constitutional validity of the act, but fi-
nally yielded to its requirements; and I cannotpoubt that its operation has been
such as to protect the State from impositions which might otherwise have been
practised under the unguarded provisions of the acts of 1836 and 1838. At
the same time that the State has probably been saved from an increased in-
debtedness to a large amount, no injustice has psen done to the Companies.-—
In all cases of application for State Bonds, in payment of the State sub'serip-
tion since the passing of the act, the affairs off the Company making such ap-
plication have been subjected to the scrutiny of three disinterested commission-
ere appointed for that purpose, who have bejii required to examine and "in-
spect the work actually done and performed--what portion of the same had
been paid for in labour, or the actual expenditure of money, paid in by the in-
dividual stockholders, and what portion by the payment of State Bonds, issued
for the benefit of such Company—to inspect]the books and investigate the af-
fairs and accounts of the Company, and in upon their report on oath, it ap-
peared that the Company making the application had conformed in all respects
to theprovisons of its charter, and that no fraud had been practiced on the
State, the amount of State Bonds to which luch Company was shown to be
entitled, were ordered to be issued by the Infernal Improvement Board created
by the act, consisting of the Governor, Comptroller and Attorney General,
and were issued accordingly. In all cases (where the reports pf the commis-
sioners appointed fo make the investigation jhave not been fully satisfactory,
the Bonds of the State have been withheld.;
The Attorney General has filed bills, whijth are now pending, against two
of the Companies in which the State has becbroe a stock-holder, for alledged
violations of their Charters. •
None of the Companies in which stock hajd "been subscribed on behalf of
the State" have availed themselves of the previsions of the 2d and 3d sections
of the act of 1840 by making a "surrender of the Charter of such Company"
to the State. Several of them however, in $hich a subscription of stock on
behalf of the Stqte had been made in the yeaf 1838 and the early parfof 1839,
and for whose use no State Bonds have beeri issued, it is understood have not
commenced their respective works and wiJl probably abandon them. Of this
class are the following Companies, vte:—the Livingston Turnpike Company,
the Murfreesborothgh, Manchester and Winchester Turnpike Company; and
the Harpoth and Farmington Turnpike Company.
In addition to these a subscription was made on behalf of the State in the
Fayetteville and Shelbyviile Turnpike Company on the 7th day of Sept. 1S3S,
and on the 5th day of iSloveinber, 1838, Bonds of the State for $16,000 for
the use of the Company were issued by the Governor and deposited in tha
Bank of Tennessee; where they still remain, not having been called for, and na
interest having been paid thereon. I am informed that no work has been done on
the road, and that it will probably be abandoned. The aggregate amount of stock
subscribed for on behalf of the State in these several Companies was 245,000, and
by the failure of the Companies to prosecute their respective works according
to their Charters, will not probably be required to be paid by the issuance of
State Bonds, Of this amounuhe u$16,000 of State Bonds which were is-
sued for the use of theFayetteriille and Shelbyviile Turnpike Company may in
the event of the abandonmentlof that work, be cancelled and destroyed. Up-
on the application of the Nashville and Kentucky Turnpike Company, the
capital stock as prescribed by (he charter has, in pursuance of the 8th section
of the act of 24th January 1340, been reduced from $125,000 to $100,000;
thus reducing the Stat 6 subscr ption from $62,500 to $50,000.
Pursuant to the provisions crnhe act of 1833, the Governor subscribed on
behalf of the State, for $650,CO) of the stock of the Louisville, Cincinnati and
Charleston Rail Road Comparand on the 21st of January 1839, State Bonds
amounting to §32,000, in partoayment of the State subscription, were issued,
and are now in the possession of that Company, but no interest has been paid
thereon by the State. During ihe past year, it became my duty in pursuance
bnd and represent the State of Tennessee at a
le Company holden at Charleston, in the State
of November, 1840.
J. G. M. Ramsey, of Knox co mty, was appointed the proxy to represent the
State at that meeting, from whqm I have received three official communica-
tions, bearing date on the 10th <jf Dec, 1840-,and on the 24th and 27th Sept.
1841, which I herewith lay beft re you. I have received also a communica*-
tion from the President of the C< mpaiiy bearing date on the 11th of March,
1841, and which is herewith laic before you.
From both of which it will bqseen, that the Company propose to abandon
the work within the State of Tennessee, to release the State from her sub-
scription, arid to return to be cancelled the $32,000 of State Bonds issued by
her, upon the payment on her ptrt of the rateable proportion of the expen-
ses which have been incurred jy the Company in making surveys and in
preparing to enter upon the.e*e<ution of the work. To carry into effect the
proposition of the Company, wil require the assent of the State by Legis-
latiVe act; and it is recommended that such assent be given at your present
session. Should such'assent be given,and the several Internal Improvement
Companies already mentioned is likely to abandon their respective works,
do so, the liabilities of the Sta e under subscriptions heretofore made, will be
reduced by the sum of $907,500, as follows, viz:
State subscription in the L. CJand C. Rail Road Company, $550,000 00
Siate subscription in the Livingston Turnpike Company, 25,000 00
State subscription in the Mu|freesborougb, Manchester and
Winchester Turnpike Company, 100,000 00
of law to appoint a proxy to a;
meeting of the Stockholders of t
of South Carolina, in the mon
12
State subscription in the Harpelh and Farmington Turnpike
Company, 30,000 00
State subscription in the Fayetteville and Shelbyville Tdrn-
pike Company, 90,000 00
Reduction of the Capital Stock in the Nashville and Kentucky
Turnpike Company, ' 12,500 00
$907,500 00
Exclusive of these, the whole amount of the State's liabilities upon her sub-
scriptions to Internal Improvement Companies—upon the supposition, that
the whole capital stock of each Company will be exhausted, in constructing
the several works, which is not probable—ig $2,246,666 66 2-3, of which
State Bonds have been issued, amounting to $1,516,916 66 2 3 and leaving
a balance to be issued to complete the payment of the whole of the State sub-
scriptions of $729,750.
As connected with our system of Internal Improvement doubts have arisen
under the existing laws, to whom the dividends, belonging to the State,which
may be declared by ti e several Internal Improvement Companies in which she
is a stockholder, shall be paid, and it will be proper to make more specific pro-
vision upon the subject. It is suggested that they be required to be paid
semi-annually or annually, as they maybe decared to the Bank of Tennessee
and its branches. It is further suggested that tie several companies in which
the State is a stockholder and which are completed in whole or in part, and
are collecting tolls, be required to report to th| Comptroller of the Treasury,
at least once in each year, their financial Condition—with the amount of
State dividends which they have paid over to tae Bank and its Branches. The
whole public debt of the State, consists at this lime of the following—viz:
State Bonds issued and proceeds invested ip stock of the
_ Union Bank of Tennessee, bearing an interest of 5 per cent
which is paid semi-annually by the Bank , $500,000 00 .
State Bonds issued and proceeds invested in capital of the
Bank of Tennessee, bearing an interest of | percent. $1,000,000 00
State Internal Improvement Bonds bearing an interest of 5i
per cent. $263,166, 661
State Internal Improvement Bonds bearing an interest of 5
percent. $1,253,75000
$3,016,916 661
The $300,000 of State Bonds bearing an interest of 5 per cent, issued for
the improvement of Rivers, but not yet sold $re not included in the amount of
the State debt. ' The debt has many years to run before it falls due, and to
meet it the State owns
Slock in the Union Bank of Tennessee 1 $646,600 00
Capital in the Bank of Tennessee, being proceeds of Bonds
sold, and exclusive of the School fund j $1,000,000 00
Stock paid into Internal Improvement Companies, by State
Bonds issued. $1,516,916 661
$3,163,516 66S
If the surplus revenue of the United States, now on depos-
ite with the State, should not be recalled by the United States,
13
ihat sum may be added. $1,353,209, 55
$4,510,726 211
With these means added to the annually accumulating profits of the Bank of
Tennessee, under prudent and proper management, there can be but little dan-
ger, that a resort to taxation can be necessary to enable the State to meet it,
at its maturity. ,
I consider it wise however, and so recommend, that provision be made byf
law, that any surplus profits which may at any lime be made by the Bank of
Tennessee, after paying its annual liabilities, shall constitute a sinking fund
to be applied to the purchasing in of the Bonds of the State, which have been
issued at their selling rate in the market. By adopting this course, adhering
to strict economy in the State administration, and husbanding all our resources,
it is believed that the payment of the debt which now exists, and that which
the State is bound in honor and good faith by existing engagements to con-
tract, may be gradually anticipated long before it shall fall due. I have nev-
er'been the advocate of a large State debt; and my opinion is that all our
. surplus means, not absolutely needed for other purposes, cannot be belter ap-
plied than in the extinguishment of the existing debt.
The balance in the Treasury < f the State on the 1st Monday of October 1841,
was $189,590 47. The ceceijts into the Treasury from the 1st Monday of
October 1839, to the 1st Monday of October 1841, including the amount annu-
ally appropriated under the ex sting laws for the support of common Schools
and Academies, weie $543,739 79. The expenditures during the same period
including the payments made w the support of common Schools and Acade5"
mies, were $470,748 75. Exclusive of the amount received and expended for
the use of common Schools and Academies, the receipts into the Treasury dur-
ing the same period were $275,839 79, and the expenditures $254,931 93.
Full and detailed statements kill be found in the report of the Comptroller
of the Treasury which will be 4id before you as required by law.
The report of the Superintendent of public Instruction, which will be laid
before you during the first week j>f your session, will inform you of the progress
of the system of education committed to his superintendence and management—
of the collections of Common School funds which have been made since your
last session, and of the present imount and condition of the debts due to the
School fund by county agents anp others. The School fund collected and in"
vested according to law on the fkst day October, 1841, consists of
Stock in the Planters Bank ] $244,500 00
Stock in the Union Bank j $38,894 00
Stock in the Farmer's &. Merchant's Bank at Memphis $700 00
Stock in the Bank of Tennessee $769,537 31
A suit in Chancery has been
1,053,631 31
instituted, and is now pending against the late
Superintendent of Public Instruction and his securities, for the recovery of the
large balance remaining in his iiands and unaccounted for at the close of his
terra of service. But little douDt is entertained that a recovery will be had,
and it is believed the greater pail, if not the whole amount abstracted from the
School fund will be collected. >
In pursuance of an act entitled "an act to carry into operation the Lunatic
Hospital," passed January 6th, 1841, seven trustees were appointed on the 13th
of February 1840, under whose direction, the Hospital was shortly afterwards
14
put, itito operation. In consequence, however, of the limited appropriation'
made "by that act, it has been found impossible to receive several "insane pau-
pers,*' for whose admission into the Institution, application was made. It is sub-
raitted to your consideration whether—suitable provision should not be made
for the reception and accommodation of all unfortunate persons in the State for
whose :benefit the institution was established, and for whose admission applica-
Wion may be made.
■ A report will be made to you during your session, by the attending Physi-
cian of the Hospital, who is by law constituted Chairman of the Board of Trus-
tees, containing such information and making such suggestions in regard to
the condition and further management of the institution as may be deemed use
ful in your deliberations upon the subject. I am informed that arrearages,
amounting to the sum of $2,942 34 for work and labor done by Mechanics on
the buildings occupied as a Hospital previous to the meeting of the last General
Assembly, and upon contracts made with the Commissioners under whose su-
perintendence and direction the Hospital was atjthat time placed, are still out-*
standing and unpaid—no appropriation applicable to that object having
been made. When the Trustees,appointed under the act of January 6th, 1840,
entered upon the discharge of their duties, thfcpersons to whom these arrear-
ages were due, claimed a lien upon the building until they were satisfied, but
for the public convenience yielded up the (possession of them in the just
^confidence that the present General Assembly would make provision for their
■payment ;-—and it is recommended that provision be made for the payment of
ail such claims as may be found equitable anf just.
"""A detailed statement of the condition and government of the Penitentiary
will be laid before you at an early day of y^iir session in the reports which
will be made by the Agent and Keeper and Inspectors of that institution.
The number of Convicts in the prison on the 30th of September..1841, was
178. The number discharged by the expiration of their sentence during the
two years commencing on the 30th of September, 1839, and ending on the 30th
of September, 1841, was 59. The number received during the same period
was 116.
The number of deaths 1; the number of espapes 1; the number pardoned 10.
The number discharged before the expiration of their sentence, m pursu-
ance of the provisions of the act of 1836, chi 03, passed "for the encourage-
ment of the prisoners to conduct themselves with industry and propriety,75
was 22.
By the act referred to, it is provided that ''it shall be the duty of the Gov-
ernor, whenever it appears from the weekly reports of the Agent and Keeper,
that the conduct of a prisoner has been exemplary and unexceptionable for a
whole month together, to commute such prisoner's term of imprisonment for
any period of time not exceeding two days for each and every month he may
have so conducted himself.'? The Operation of this act has been found by ex-
perience to have a beneficial effect.
Each convict is informed of its provisions ypon his entrance into the Peni-
tentiary; and presenting to him, as it does, a fetrong motive to conduct himself
with industry and propriety, the effect has generally been to preserve order,
regular habits of industry, and a ready obedience to the orders of the officers
of the institution. To make it effective, I have uniformly, since I have been
in the Executive Office, upon receiving the favorable report o f the Agent and
Keeper, commuted a part of the period of confinement, not exceeding in any
case two days in each month, and directed the prisoner to be discharged.
15
As far as I have any knowledge, the convicts at the same time that they liavy
been required strictly to observe the "rules and regulations for the government
of the Penitentiary," as provided by law, have been humanely treated. When
sick they have been regularly visited by the attending Physician, and all of
them who can read, have been furnished in their cells with a copy of the Holy
Scriptures. Divine service has also been occasionally performed on the Sab-
bath by Clergymen of different denominations residing in the vicinity of the
prison.
Up to the period of the adjournment of the last General Assembly, no female
convict had been committed to the prison since the date of its establishment.
Since that time, three females have been convicted and sentenced to be impris-
oned in the Penitentiary; twojiof whom have been pardoned, one of them be*
fore she reached the prison, ana one is still in confinement.
There are no suitable apart nents in the prison buildings for the l-eception
and safe keeping of female ccivicts, arid it is recommended that such be pro-
vided, and that the Agent an< Keeper be authorized to employ a Matron or
Matrons, under whose immedin te superintendence and care, all female convicts
hereafter received info the insitution shall be placed. The place provided for
their confinement, should be separate and apart from that provided for the other
convicts, and there is a manifestroropriety in placing them under the immediate
government and control of age! persons of their own sex. Such a regulation
has been found to be necessary, if not indispensable, in the best regulated
prisons and houses of correctioiiin our sister States. The efficacy of the laws
for the punishment and prevention of crimes, consists, in a great degree, in the
certainty with which they shall De enforced and executed. Within the last two
years numerous applications for pardons have been refused. Comparatively
few have been granted, and thoie only in cases where the circumstances were
such as to induce the belief that they were proper in themselves, and in which,
the discharge of the prisoner Tfould not impair, but'be likely to promote the
ends of public justice. I
In the criminal /.codes of somi of the States in which the system of Peni*
tentiary punishmsfel.has been fdopted, a discretionary power has been, vested
in the Executive to commute the sentence of death pronounced bpoh the com*
mission of the higher offences, ior imprisonment for life. No such discretion
is vested by our laws in the Executive. The criminal convicted of a capital
crime in this State, must either b« executed or receive a full pardon and be dis*
charged. Cases of conviction of capital offences, are often followed by strong
and powerful appeals to the Executive clemency. t Tlje circumstances adduced
may be such as to raise doubts otithe propriety of the execution of the sentence,
and yet not such as fully and satisfactorily to showJfiat it x^ould be proper to turn
the convict loose, without inflicting sufficient or adequate punishment. In all
such cases, if the Exfecutive were invested witlf power to commute the sen*
tence for imprisonment for life, ijocietv would be'jrifl'bf the offender, and if at,
any time afterwards, it should be made clearly to appear by after discovered tes-
timony or otherwise, that the convict was a fit subject of Executive clemency,
he could be discharged as in o\her cases; and 1 recommend that such an
amendment of our criminal lawsibe made.
There has been paid into the Treasury by the Penitentiary during the two
years from September 30th, 183'.), to September 30th, 1841, the sum of $5,333
32, and paid out of the Treasury {o defray the expenses of conveying convicts
to the prison after conviction $6,170 40. By the law as it now exists, the ar-
(sides manufactured at the Penitentiary, are authorized'to be sold on credit, and
16
as was to have been expected, some of the debts contracted have been lost by
insolvency, or the removal of the debtors beyond the limits of the State, and
sometimes to parts unknown. If the credit system be continued, it is recomw
mended that the laws be so modified, as to limit it to a specified period of time,
and to require, that all debts not paid at maturity, be put in a course of collec-
tion by suit without distinction as to the persons who.may be the debtors.
In the month of November last, 1820 muskets and accoutrements were re-
ceived from the United States, being the quota of public arms to which this
State was entitled for the years 1839 and 1840, under the provisions of the,act
of Congress of 1808, for arming and equippingfthe militia of the United; States.
The proportion cf public arms of the State, pqual to the proportion which
the first division of militia bears to the whole i|ilitary strength of the State,
have by my order, been transported toKnoxvillejand placed on deposite at that
point, in pursuance of the provisions of the 143rd section of the act passed at
Nashville, on the 28th of January, 1840, entitled fan act to condense, and bring
into one view the Militia law of the State of |Tennessee." The proportion
belonging in like manner to the fourth division <jf militia, have been ordered to
be transported to Jackson and placed on depositeat that point in pursuance of
the 145th section of the same act.
The whole number of public arms as nearly as I have been enabled to as-
certain belonging to the State, now on deposite ii the arsenal at the Penitentia-
ry, at Knoxville, and at Jackson, consists of 8391 muskets, 349 Hall's patent
rifles, 500 yaugers, 20 carbines, 882 pistols, |>45 horsemen's swords or sa-
bres, and one field piece, (a six pounder) with Iscoutrements for each descrip-
tion of arms. j
The whole number of public arms belonging/to the State, which have atdif-
ferent times been distributed to volunteer companies, and are now in their use
and possession, consists of 1069 muskets, 524 pistols and 262 horsemen's swords
or sabres, making the i&hole number of public arms now on deposite at the
Penitentiary, at Knoxville, and Jackson, and distributed to the militia, one field
piece, 9,660 muskets, 349 Hall's patent rifles, 500 yaugers', 20v carbines,
1406 pjstols, and 507 swords or sabres. Finding that thdjjybportion of arms
belonging to 'the State for the use of cavalry was small as'compared with the
number for the use of infantry, and that moil applications were made by uni-
form companies of cavalry for the use of the®, than could be supplied—one
half the quota of arms due to this State, from the United States for the year
1841, have been ordered to be forwarded in qrms of this description, and the
other half in muskets.
bvide for the taking of the enu-
the State of Tennessee," pass-
will lay before you, all the re
In pursuance of an act} enfitled "an act to p'
meration of the free 'white nqile inhabitants of
ed January 29th, 1840, the^Sfceretary of Stat;
turns which have been received by him conMning the number of free white
male inhabitants of the respective counties, who are twenty-one years of age
and upwards," and who we# resident citizens of their counties on the 1st day
of January, 1841. Your attention is called t> the 4th section of the 2nd arti-
cle of the Constitution, by which it is provided, that, "an apportionment of the
Representatives in the General Assembly shill be made in. the year one thou?
sand eight hundred and foity-one, and withm every subsequent term of ten
years." The duty of making the apportion! lent in conformity with this pro-
vision of the Constitution will devolve upon!you at your present session.
By an act passed by the Congress of thn United States on the 18th day of
February 1841, the State of Tennessee is , invested with "full power and au*
n
ihority to sell and dispose of the vacant, unappropriated and refused lands, with-
in the limits of said State, lying South and West of the line, commonly called
the Congressional Reservation line,'" upon certain "conditions and limitations"
therein prescribed. One of the "conditions and limitations" is that in entering,
purchasing, and disposing of said lands, or obtaining grants of the same3, all and
every person or persons, the legal representative of such person or persons, and
the rightful assignee of such person or persons, as are entitled to the right of
occupancy and pre-emption according to the laws of the' State of Tennessee,
shall have the preference in the entry or purchase of their occupant and pre-
emption rights at the price of twelve-and-a-half cents per acre, not exceeding
two hundred acres each."
The duty will devolve oft the General Assembly, at their present session to
make suitable provision by liw, for carrying the act of Congress refered to
into effect. In doing this, it isjrecommemled that full and ample provision be
made, to secure all those entitled to the right of occupancy and pre-emption,
the preference in the entry or pirehase of the same. Under the existing laws
of the State much the larger nwnber of those claiming the right of occupancy
and pre-emption, have caused.their claims to bo surveyed and laid down on the
general plan or map, in the intry-taker's office of the county in which the
same is situated. Others whouave made improvements on vacant and unap-
propriated lands, and who are t [uitably entitled to the right of occupancy and
pre-emption, have failed to caus i the'same to be thus surveyed and designated
on the general plan of map in he office of the entry-ffaker. In any provision
which may be made, this latter ffass of occupant claimants should be equally
protected and secured in their i ghts, with the former.
It is recommended that entry taker's offices be opened in the several counties
in which the lands described -lie and that the several en try-takers be authori-
zed to receive entries with such moderate fees of office, as will enable the occu-
pants and others making the same, to secure their titles at the least possible
expense. I
It is suggested that the officeslbe opened at an early day for the accommo-
dation of those who may not wi|h delay, but. that the longest period of time
permitted by the provisions of thJ act of Congress be allowed to such of the oc-
cupant claimants, their legal representatives or rightful assignees, as may desire
to avail themselves of the same, td make their entries and perfect their titles.
It is submitted to the General .Assembly, whether the entry-taker's offices al-
ready established by law, be employed, or new offices established. In either
event, provision should be made, by requiring bonds with ample security, and
by prescribing such penalties and liabili'ies as maybe deemed adequate to in-
sure the faithful performance oflheir duties by the several entry-takers, and
the punctual payment of the moneys which they maybe authorized to receive.
It is made the duty of the seveul Attorneys General of ihe State to prose-
cute all demands, in which the Skte shall have an interest against sheriffs,
clerks and others, who may fail tc account for, and pay over public moneys
collected by them according to law. The Attorneys General often receive the
amounts recovered in suits brough by them, but are not required to enter into
bond with security for the punctual and faithful payment of the same when re-
professional reputation has generally been
discharge of duty in this respect on their
part. Since your last adjournment a case of loss to the State of a considera-
ble sum collected by one of the Attorneys General who failed to account for-
and pay over the same, has occurred. And as similar cases may occur here*-
ceived. The preservation of their
a sufficient guaranty for a faithful
18
after, it is submitted to your consideration whether the laws should not be so
amended, as to place the several Attorneys General*on the same footing with
all other officers who receive or disburse the public money, by requiring them
to give bond with adequate security for the punctual and faithful payment to
the authorities authorized to receive the same, of all public moneys collected
by them in the discharge of their official duties.
Complaints are frequently made of frauds and illegal voting at elections,
and it is believed that the laws upon this subject require revision, the more cf-
fectually to protect and preserve the purity of tbe elective franchise. The
only penalty now imposed for fraudulent, or illegal voting, is a fine of ten dol-
lars, one half for the use ot the county, and the other half for tbe use of the
person who will sue for the same. It is not made the duty, of the civil officers to
enforce this penalty, and but few persons are found willing, voluntarily, to do so,
and if they do, the fine is of so small an amount as to constitute no adequate re-
straint, especially in seasons of high political excitement. Since the counties
have been laid off into civil districts, and the places of voting multiplied under
the revised Constitution, the facilities for double noting have been increased, and
there is reason to believe, that many persons havjfe voted at more places than one
in the same election and escaped with impunity, if the laws remain as they are,
such practices may continue and will piobably increase, thereby greatly impair-
ing the value of the right of suffrage. Isubmijio your consideration, whether
illegal or double voting at elections should not fee made an indictable offence,
punishable as other misdemeanors, making it th$ duty of all inspectors of elec-
tions, civil officers and the courts of justice, to prosecute and bring to punish-
merit all persons who may violate the laws in this respect. As an additional
safeguard to the purity of the ballot box, I submit to your consideration whe-
ther all persons who offer to vote in any civil district other than that in which
they reside, should not be required to take an oath before the inspectors or of-
ficers holding such election, that they have not voted, and will not, in the pend-
ing election, offer to vote at any other civil distinct, or place of voting; and that
for the violation ot such oath, they shall be subjected to all the pains and pen-
allies of perjury as in other cases.
These or other suitable provisions which mpy suggest themselves, together
with an amendment of the laws the more effectually to suppress the evil prac-
tice oI belting 011 elections, would go far to secure to each citizen his equal
voice in choosing his public agents. A want of uniformity of construction of
the Constitution and laws, continues to prevaif in different parts ot the Staie
in regard to the right of the citizen to vole at our general elections in coun-
ties in which he does not reside, and has not resided for six months immediate-
ly preceding the day of election, in some counties any citizen of the State
is permitted to vote for Governor or for Congressmen, if the voter resides
within the Congressional district, or for the Senate or House of Representa-
tives if he reside within the Senatorial or Representative district, whilst in
other counties the right of voting is restricted to the citizens of the county.
At Different places of voting in the same county, different rules of construe-
lion prevail according to the different opinions which may be entertained by
the inspectors of the election. To secure the same rights to every citizen, it
is again submitted to your consideration whejther a declaratory act should not
be passed establishing a uniform rule of construction in this respect to beob-
served in every part of the Slate. j
I transmit to you herewith copies of Legislative Resolutions and Executive
communications which I have received from tne States of Maine, Rhode
19
Island, Massachusetts, Vermont, Connecticut, New York, Pennsylvania, New
Jersey, Delaware, Maryland, Virginia, South Carolina, Georgia, Kentucky,
Alabama, Indiana and Mississippi. They have been communicated to me to
be laid before the General Assembly, probably with a view to obtain an ex-
pression of the views of this State upon the various public questions to which
they relate. They will be found to embrace the subject of the public lands of
the United States, and the proper disposition thereof; a tariff of protection and
the Tevisal of the revenue laws; the recovery of fugitive slaves who escape
into other States, and the delivery upon demand made by the Executive of one
State upon the Executive of;another, of feilons who have kidnapped them or
seduced them to leave their Owners, and have fled to other States, or taken ref~
uge therein for the purposejof trial and punishment in the State where the
offence was committed; proposed amendments of the constitution of the Uni-
ted States, limiting the eligibility of the President to a single term; and that
the President and Vice President be chosen on the same day throughout the
United States; the creation pf a National Bank; the North Eastern Boundary
Question now pending between the Government of Great Britain and the
United States, and other pubic questions to which your attention is invited. I
have received also from bodljs of citizens of the District of Columbia commu-
mentions upon public subjects, and in compliance with their requests lay them
before you. During the past oar I received through the mail two communica*<
tions addressed to me in my oi icial character, purporting to come "from a con*
vention of the friends of the i Jgro, assembled from various parts of the World,
convened for the purpose of Promoting the immediate, entire and universal
abolition of slavery and the slave trade, by those means which are of a moral,
religious and pacific character, held in London on the 12th, and by adjourn-
merit to the 23d of June, 18401" Viewing these communications as an imper-
tinent and mischievous attempt on the part of foreigners to interfere with one
of the domestic institutions of fhis State, and as having received the counte-
nance and sanction of a member of the Congress of the United States, under
whose official frank one of the packages containing them came to me, I declined
entering into a correspondence with the foreign convention, but addressed to
the member of Congress alluded to, the letter, a copy of which is herewith
transmitted to you, accompaniediby the communications themselves.
Since the adjournment of thellast session of the General Assembly, the fol-
lowing temporary appointments have been made, viz -.Alfred O P. Nicholson, of
Maury county, to be a Senator the Congress of the U. Slates, to fill the va-
cancy cocasioned by the death of Felix Grundy:—William C. Dunlap,oi Har-
deman county, to be Judge of the Circuit Court for the eleventh Judicial Cir-
cuit, to fill the vacancy occasioned by the resignation of Valentine D. Barry,
and Joseph H. Talbot, of Madiso® county, to be Attorney General for the tenth
Soliscitorial District, to fill the vacancy accasioned by the removal of William
B Miller, the former incumbent without the limits of the district, as certified to
me by the presiding Judge of thaUcircuit. The duty will, devolve upon the Gen-
eral Assembly to make permanent appointments, to fill these several offices
during your present session.
Information was received in thq month of August last, of the death of Sam-
tjel Powell, Judge of the Circuit Court, for the first.Judicial Circuit. Upon ex-
amination it was ascertained that but a single term of the Court, for the county
of Hawkins, would intervene in that circut before the meeting of the General
Assembly, and no temporary appointment has been made to fill the vacancy.
To avoid any inconvenience which might result from a failure to hold the
20
court in Hawkins, I addressed letters successively to the Judges of the 12th
and 3rd circuits, requesting them to hold the court; from both of whom 1 re-
eeived answers declining to do so, but from the latter at so late a period, as to
make it impracticable to appoint a temporary Judge in time to enable him to
reach and hold that court. As the terms of the remaining courts in the first
circuit will come on during the present and the succeeding month, the neces-
sity of electing a Judge to fill the vacancy at as early a period of your session
as practicable will be apparent.
Many subjects which may claim your attention may have been omitted in
this communication. It is however a pleasing reflection, that all the varied in •
terests of the State are committed to the wisdom and calm deliberation of the
immediate Representatives "fresh from the people," who can supply the omis-
sion; and it is equally gratifying to know that they possess the power to cor-
rcct any unintentional errors of opinion into which I may have fallen.
In discharging the functions of the Executive Office, I have constantly felt
the weight of responsibility which devolved upoq me, and in performing this
act of duty my aim has been to lay before you spch information, and to sug*
gest such modifications of the laws, as in my judgment may be useful to you
in your deliberations, and tend to promote the welfare of our common constitu-
cuts, That honest differences of opinion upon imny subjects may exist is to
be expected, but that "the greatest good to the greatest number" is the object
which all desire to attain, I cannot doubt. j
That the result of the deliberations of your present session may be eminent-
ly useful, and such as to deserve and receive the; approbation of the people, is
my sincere desire.
JAMES K. POLK.
Executive Department,
Nashville October 7,1841.