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MESSAGE
GOV. WM. B, CAMPBELL,
TO TUB
GENERAL ASSEMBLY
OF TUB
STATE OF TENNESSEE.
0
OCTOBER 29, 1851.
N AS.HVI LLE:
M'KBNNIE & BROWN, PRINTERS, TRUE WHIG OFFICE.
185J.
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MESSAGE
OF
GOV. WILLIAM B. CAMPBELL,
TO THH
GENERAL ASSEMBLY
OF THK
STATE OF TENNESSEE.
OCTOBER 29TH, 1851.
NASHVILLE:
M'KENNIE & BROWN, PRINTERS, TRUE WHIG OFFICE.
MESSAGE.
fellow-Citizens of the Senate and
House of Representatives:
The message of my predecessor at the commencement of
the session, has placed before you very fully, official infor¬
mation of the sta,te of the government. Yet, in deference
to the usages of the State, I submit for your consideration
such views as I entertain in respect to the important mat¬
ters of legislalation to which the public good would seem
to invite your attention.
You wield the whole legislative power of one of thirty-
one sovereign States, united in the most powerful republi¬
can confederacy on the face of the earth. In discharging
your duties as legislators, your action will necessarily have
relation in some degree to the National as well as to the
State Government: for such is the structure of our institu¬
tions, that both the National and State Governments, en¬
dowed with sovereignty within their respective spheres,
derive their powers from the same great people, in whom
4
at least rests the real, the ultimate and the supreme sove¬
reignty.
In such a government, and one which has grown to be of
vast extent and diverse interests—the injunction of the
constitution of the State " to encourage knowledge, learn¬
ing and virtue," and " a well regulated system of internal
improvements"—as " being essential to the preservation of
republican institutions," and " calculated to develop the
resources of the State, and promote the happiness and pros¬
perity of her citizens," cannot but be regarded as wise and
patriotic. It is by all conceded to be the obvious duty of
the legislature to promote and encourage education. A
faithful observance of the constitutional provision, making
the common school fund a " perpetual fund, the principal
of which shall never be diminished by legislative appropri¬
ations," may doubtless be expected at your hands. I would,
however, invite your careful examination into the best mode
of carrying out another portion of the same fundamental
law, which requires that " the interest thereof shall be in¬
violably applied to the support and encouragement of com¬
mon schools throughout the State, and for the equal benefit
of all the people thereof." It is deeply to be regretted that
the fund is not larger or more effective. It is much to be
desired that some plan could be devised by which its bene¬
fits could be so distributed as to secure an education to all
who are really unable to procure one. .But, coming as you
do fresh from the different counties, and fully enlightened
as to the sentiments of your respective constituencies, I
submit the question of a modification of the present school
system to your decision, merely begging to impress on you
the propriety of a free interchange of opinion, and an at¬
tentive consideration of the whole subject.
No State has more to promise itself from " a well regu¬
lated system of internal improvement" than Tennessee.
5
Geographically placed in a vast interior, far distant from
ocean and lakes, and the great marts of commerce, the heavy
products of our .labor slowly wend their way to distant mar¬
kets, burdened with great costs,-risks, and delays of trans¬
portation, while, the fabrics of other countries reach us in
return, taxed with the profits of a hundred hands through
which they must pass before they touch our borders.
We possess in a remarkable degree the elements of
wealth; but being cut off from commercial intercourse,
they remain comparatively undeveloped. The soil teems
with a superabundance of agricultural products; emboweled
in the earth lie inestimable mineral treasures; the water
power of the streams, the timber of the forests, the variety
of staples, and the excellence of the climate, combine to
give us a capacity for population and wealth, rarely to be
met with elsewhere. But it is worthy of remark that other
States less favored appear to have outstripped us. Why is
this so 1 The last census returns show that our increase of.
population within the last ten years has been twenty-one
per cent, whilst the average increase for the United States
has been thirty-five per cent. It would seem that where
railroads have been built, there has been a rapid develop¬
ment of population and resources. Within the period above
referred to, Georgia has increased in population thirty per
cent; New York twenty-seven per cent; Pennsylvania
thirty-one per cent; Ohio forty-one per cent; Indiana forty-
four per cent; Illinois sixty-eight per cent; and some other
States still more largely.
Rivers and Railroads beyond our borders turn the cur¬
rents of travel around and from us, diverting to other fields
masses of capital and skilled labor in search of employ¬
ment. A Railroad from Louisville to Nashville, affording
a passage in six hours, at a cost of from three to five dol¬
lars, would introduce thousands of sturdy and skillful labor-
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ers from the teeming thoroughfares of the North-west, who
now, encountering a stage passage of thirty-six hours, at a
cost of fifteen dollars, turn aside from what they regard as
an impenetrable interior. And so it would be at each end
of the great thoroughfare from central Virginia through
East Tennessee to the Mississippi river at Memphis, or one
from the sea board at Charleston and Savannah through
Middle and West Tennessee to the Madrid Bend; or from
Mobile or New Orleans through West Tennessee to the
Ohio river and the Lakes.
Our vast coal fields, which lie undisturbed while our pig
iron seeks foundries and rolling mills erected upon the coal
fields of Pennsylvania and other States, and while our cot¬
ton and wool are transported to still more distant manufac¬
tories, would then be thrown open to the purpose for which
they were designed, and our mountains and valleys would
resound with the busy clang of hammers, looms and spin¬
dles. A wise division of labor would ensue ; consumers of
the farmer's produce would take at good prices all his sur¬
plus products at his very door. Every portion of the State
would be brought into close proximity with good markets,
and the value of lands would be greatly enhanced. The
results, as shown by other States, which have constructed
such roads, and to the details of which I invite your atten¬
tion, are no less astonishing than cheering to the friends of
Internal Improvements.
The public works indicated are invited by the approaches
of the neighboring States of Virginia, South Carolina,'
Georgia, Alabama, Mississippi, Louisiana and Kentucky,
all of whom it is gratifying to observe, are pointing their
great roads towards Tennessee. South Carolina and Geor¬
gia, as you are aware, have already penetrated our border;
Virginia is pushing her work rapidly to the line; Kentucky,
Alabama, Mississippi and Louisiana, are earnestly moving
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in the same great system of public works. We shall have
but a small part to be accomplished in the immense net¬
work of railroads of which Tennessee will become the cen¬
tre ; but this small part will be sufficient to tax very
greatly the energies of our people. It will require many
years and large expenditures to accomplish it; but when
done it will return the expenditures ten-fold, fully develop
our vast resources, and ultimately render Tennessee one of
the most prosperous and powerful States in the confede¬
racy.
Individual enterprise, assisted by the credit of the State,
has already accomplished much towards it, and show how
the remainder may in the main be effected. Without de¬
manding a dollar from the State Treasury, or requiring any
guarantee without the most ample indemnity, the Nashville
and Chattanooga company have raised abundant means for
completing that road, more than forty miles of .which are
already finished, and the remainder expected to be com¬
pleted in another year, a total distance of about one hun¬
dred and fifty miles. Individual enterprise, assisted by the
State, has already completed about forty miles of the East
Tennessee and Georgia road, and the work is rapidly pro¬
gressing. Individual enterprise has also taken the lead,
and thus far without the aid of the State has made a com¬
mencement upon the East Tennessee and Virginia road,
another great link in the important chain through the val¬
leys of East Tennessee. About $2,600,000 have been sub¬
scribed to the Memphis and Charleston road. Over $2,000,-
000 to the road from Louisville to Nashville, and above
$150,000 to the road from Nashville to Columbia.
All these works deserve the countenance of the State,
and some of them will, to a greater or less extent, no doubt,
require in some form a loan of the credit of the State. In¬
dividuals should in all such enterprises take the lead. They
9
are entitled when the works promise to be of public utility^
to liberal charters. The State ought not herself to engage
in them, but when it is manifest that the works are impor¬
tant to the public interest, promising fair profits on invest¬
ments, and the citizens have already taxed themselves
liberally, but are not able to accomplish their heavy under¬
takings, it does seem to me to be a high duty of the State
to loan her credit, at least towards ironing and equipping
the roads after they have been prepared for the iron, upon
ample indemnity by the individual stockholders against loss,
and to any needed extent which will not seriously embarass
the State Treasury or cripple her- credit.
These principles are regarded as fundamental, and ought
never to be lost sight of or departed from. It will be your
duty carefully to examine into, and determine upon the
ability of the State to grant tne aid which may be asked
for. I would also suggest to you the great propriety of
securing for the State an intelligent and careful supervision
of such work as^ she may feel called upon to give her aid
to, at least to the extent of seeing that the condition upon
which such aid is to be granted, shall in good faith be com¬
plied with.
Connected intimately with this subject is an examination
into the resources and liabilities of the State. The report
of the Comptroller, and those of the different Banks in
which the funds of the State have been invested, which
reports are already before you, furnish data for determining,
their true character and amount.
I recommend a careful and thorough examination into
the various offices and institutions, having the custody of
public funds. Economy and a faithful discharge of duty on
the part of ministerial functionaries, are the better insured
by constant habits of vigilance, in the supervision of gov¬
ernment authorities, on which they are dependent. Under
D
various changes in the laws, making disposition of special
fuhds of the State, some obscurity is liable to arise in rela¬
tion to the character and amount of certain funds, if not
accounted with care, and with proper distinctness. I ob¬
serve that the stock of the State in the Union Bank is
reported by the Bank, and by the Comptroller at $625,600.
I submit to you to ascertain whether the actual amount is
not $664,094. The item of $38,494, which is not included
by the Bank, and which is mentioned as county school funds
by the Comptroller, is a portion of the funds made common
school funds of the State, and which has been so strictly
regarded by the act of 1827, ch. 64—the act of 1831, ch.
16—the act of 1835, ch. 23, and the act of 1844, ch. 159.—
The $146,000 item of stock in the Union Bank, is school
fund stock of the State, and the interest arising fronr this
and other school fund stocks, is directed by law to be paid
into the contingent fund of the Bank of Tennessee, whilst
the dividends arising from the original stock of the State in
the Union Bank, becomes principal of common school fund,
and the bonus paid by the Bank constitutes part of the an¬
nual distributive school fund. After meeting the accruing
interest upon the Union Bank bonds, the surplus of these
profits, should be separately accounted, as directed by law,
that no confusion may hereafter arise as to their identity or
amount..
It appears that the proceeds of the sales of school lands
belonging to school districts of certain of the counties of
the State, as provided for in the act of 1844, have accumu¬
lated, in the Bank of Tennessee, to the amount of $301,-
965 12. As these sales were made on terms of ten annual
payments, it is probable that the whole proceeds collected
and uncollected amount to a much larger sum. With so
important a fund, it is worthy of inquiry, what amount of
lands have been sold; what are the whole proceeds of the
10
saleswhat portion, whether due or undue, remains uncol¬
lected ; what portion, if any, is not well secured; and to
what extent each school land district is entitled to interest*
on the funds raised on securities running to maturity X
In connexion with the public revenues, it will doubtless
arrest your attention, that the average value of land for
taxation in the State, has again receded nearly to the low
point of depression attained in 1846, which caused the
modification of the law at the next ensuing session of the
Legislature. The supposed remedy then provided, would
seem to have lost its force ; and it behooves you to enquire
what further change is necessary to enforce just valuations.
It is certain that the actual value of lands have generally
advanced instead of receded. Yet the average assessment
value for the whole State: is now reported to be but $3 25
per acre.
It will be your duty at this session to make provision for
the payment of the second instalment of the Union Bank
bonds, amounting to $125,000, which fall due on the first
day of January, 1853, It appears to me probable that this
payment may be safely spared out of the present large sur¬
plus in the Treasury; but this you will be better prepared to
determine after providing for other unavoidable demands
uppn the Treasury.
It would seem that about fifteen thousand dollars of the
revenue raised for the building of the new Lunatic Asylum,
remain in the Treasury unexpended. This building has
been completed in a style highly creditable to the commis¬
sioners who superintended its construction, and will, I doubt
not, answer the humane and benevolent purposes for which
it was designed. It yet remains to be enclosed and furnish¬
ed, and otherwise fitted up with conveniences for the
reception of patients. I refer you to the report of the com¬
missioners for particulars, and would respectfully recom-
11
mend that an early appropriation be made for this purpose,
out of the funds already provided by law.
The nett profit, exhibited by the Bank of Tennessee,
within the last two years, of $416,799 18, on an actual
capital of"2,889,652 54, is large; and it is gratifying to
notice that the suspended debt of the Bank has been re¬
duced 4194,628 75. ' I am not aware that any change of the
lajv as respects this important institution, is required at the
present session. But a careful, vigilant, and thorough ex¬
amination into its affairs, is no doubt expected by your con¬
stituencies and demanded by the true interest of the State,
and should not on your part.be omitted or neglected.
I regard it as highly expedient that you should make a
liberal apprppriation towards the completion of the State
Capitol1, that it may certainly be finished within the next
two years.
Convinced as I am of the great propriety of making
serious and important changes in our system of jurispru¬
dence, I cannot pass by that subject without specially call¬
ing your attention to the necessity and importance of sim¬
plifying the practice and pleadings in our courts of justice,
or of altogether abolishing the whole system of special
pleading, and of uniting in the same tribunal the adminis¬
tration of both Equity and Law. The improvements of the
age in which we live, the genius and spirit of our republican
institutions, and an enlightened public opinion, based upon
a long and careful consideration of the subject, demand that
the reform should be!made. Some'of the oldest and most
enlightened States in the confederacy, on whom were also
entailed those antiquated English forms of actions and
practice, regarding them as an excrescence injurious to a
pure and just administration of the law. have lopped them
off, and adopted far more simple and plain procedure in"
their courts. I sincerely hope you may adopt such measures
as will remedy'the evil complained of.
12
I regard the recent expressions of popular opinion with
reference to the mode of electing Judges and Attorneys
General, as creating .a strong implication of duty upon your
Honorable body, fully to sanction the act passed upon at»the
last session of the General Assembly, and which now awaits
your action. The present mode of election is justly liable
to objections. The fundamental theory of our government
consists in reliance upon the virtue and intelligence of the
people. Who will doubt, that they who have so long beeh
the safe depositories of higher powers, will exercise, wi,th
reference to these offices, that wisdom and purity and
patriotism which have been the characteristics and the glory
of the American people ?
I have said that, in discharging your duties as legislators,
your action will necessarily have relation in some degree to
the National as well as the State Government. Among the
duties of this class devolving upon you at this session, is
that of laying off the State into Congressional districts, in
which you will be guided by the late census returns and the
regulations of law provided by the government of the
United States. Connected with this duty will also be that
of laying off the State into Senatorial and Representative
districts for the State Legislature, in which you will be
aided by the enumeration of votes taken under the consti-
tution within the present year.
The term of the Hon. Hopkins L. Turney, late a Senator
in the Congress of the United States, expired on the third
day of March last, and the duty devolves upon you at this
session to fill that vacancy. ,
* ^
In view of the great interest taken in the subject by the
people of the United States, it is my opinion that you should
reflect in some form of public expression, the sentiments of
the people of our State, in connexion with the great ques-,
tions which have so recently disturbed the peace, the
13
harmony and the safety of the Union. Tennessee is not
without a powerful influence in the confederacy—an influ¬
ence to which the valor of her sons in war, and their wisdom
and moderation in peace have justly entitled her. Her
voice should be fully and fairly heard. Her people are
patriotic, devoted to the Union, true to the peculiar rights of
the South, faithful to the Constitution, obedient to the laws,
and ever steadily loyal to the true glory and greatness of
this country. They have stood as a mighty rock amid the
surges of the sea, whether the tempests of passion have
come from the North or the South, sternly repelling the
threatening tide of abolition on the one side, and the angry
billows of disunion on the other. The peace and glory of
the Republic may yet depend upon a proper observance of
moderate and patriotic counsels, such as it is your honored
privilege to give utterance to, as the chosen representa¬
tives of the people of Tennessee. The series of laws
passed by the last Congress, known as the "compromise
measures," I regard as a great final settlement of the ques¬
tions connected with slavery. Under the circumstances
existing at the time of the passage of these measures, I
believe that settlement the best that could have been effect¬
ed, both for the North and the South—that in no other way
could the peace of the country and the integrity of the
Union have been so certainly preserved; and that any
attempt now to disturb it, if successful, would tend to the
extreme peril of the Union, and, of that peace, prosperity
and happiness which we so eminently enjoy under it. My
sentiments are directly at variance with those, whether
in the North or in the South, who are dissatisfied with,
and would peril the stability of the Union, on account of the
enactment of this great adjustment. I rejoice to witness,
from day to day, increased evidence, that the American
people will sustain this signal achievement of wisdom and
14
patriotism, and thus secure its complete and ultimate
triumph over the mischievous purposes of designing politi¬
cians both at the North and the South. I do not doubt that
its provisions will be strictly and rigidly enforced by the
patriotic administration now in control of the Government;
and I am strongly persuaded that a sound public opinion
will firmly maintain them inviolate on the statute book.
In conclusion, I can only assure you of my earnest desire,
that you shall adopt such measures as will redound to the
honor, the prosperity and glory of our beloved State, and
of my cordial co-operation in whatever you may devise,
that tends to promote the general welfare.
W. B. CAMPBELL.
Nashville, Oct. 28, 1851.