Daily Wabash Express, Volume 18, Terre Haute, Vigo County, 9 January 1869 — Page 1

jmt ~r

EIGHTEENTH YEA JR. I]f

tn« Governor's Message. Tbe publication 6f .^Governor BAKER'S message to the general Aiwoibly neces. sarily excludes a variety of editorial and selected uJk&P&ilia for this issue. We nee^v pot comipend,this. admirable, Stkfe qf^r readers, for the transcendent importance of.the queations, of whiqh it,treats, pot lets1 fwnT^ Tdrce kbff fclearness with which they are treated, will)

I*mnm *bo haypj any interest. in.,tbe pffai.rs of our greatj and growing Commonwealth. spaib^

ffOi^

cotantentf eft

the many-1'1 HutW&itih^ features of the nrtitfefeV *thrt cat!not" forbear to) sajiiftWtiTJk

41M1

tlarrfliireft stat*-:

ment of SUhl&i "IdaiKtee lender* publishedl^hen thepemocratio party went out

po«mr in 1861, they left at a monument of their extravagance and want'tJf Allan--cial skill of a State indebtedness of about eight million jolllirsl 'tFndi-r Republican economy sand management that heavy debt has been steadily reduced, even with j| our large Warexpfendlt uro«, utitiT now it is i'educecllCo three millions of dollars, and that to be paid within two years.— ^iliefV has been com men. But wl dabl? pro&rqB& pipdQ in the extinguish-, ment of ibe debt,Uhere .never has been a

thorough And satifefictbry exhibit made off tip $ei}j£i|j, detail, ap that'll might be enUf«iy,#&Af to the public just what the StAtrf^JMdDwe This, Gov. BAKBB has done HP tfhr •message. After several weeks of ^alii^^if investigation he has been afelebA# Asjbnbefore. the Legislature the 0tA£iMndilfon Wf3tate finances, coupled ^tif^feeiiAlS^ndations, which will douhtjfgiUj tljespprovalof the Generai(A«seml»ly ,:r 1 In!

m'IE 88AGE

.mji giiUf.fqio-i :a»ui t!

tauomeiit

edvjittMoK CONRAO IKB^,

%,vi78f5ITTTi i...n ijn

Delivet^jPrlflfa^, JTkii. «th.

•^\R» KMiWi

Spaclftl to the T«rre Dauto XxprMB.-j ,A'£Ovtv' ?-a» •, e.-U INDIANAPOLIS, Jan. *.

The Senate met at 2 o'clock. $h»4|gcial order taing the resolution authorizing tbe, President pro tem., to appoint the Standing Committees, came up,J.Od ^s* i^tctssod at some length. the previous question was

voWd^wrf^v On motion o^enator Church, further

wont to the House to hear

the Message, after returning adjourned till Monday afternoon. In the House in the morning tbe mef'lornton Laporte county, claiming a scat, was referred to

Committee. Bills w^re introduced, fixing times of B4lAitiff CWuHfc -itfthe'^Oth Judicial District and-4th Oiiteuit providing for tho appokJtinAiS of suitable persons to hold OoBMbh Pleas CouTts In absence of

Judges. ESBferred. ^i ^ie ajftprpoon the joint convention

assembled. -s^sr tv

|be j^ftk of the la^f" Assembly were adopted for this session.

The Governor was then introduced to the joint convention, and standing at tbe Speaker'srtablt read tBe m«9iage. When Clashed the -joint Convention adjourned.

Proceedings of the Houae being resuftfl(4,vW nrirdot Was adopted, inviting the Senate tpi" attend on Monday, the lllb ibH,lbfijWn^knd1deterHi inethe vote for Governor and Lieutenant Governor at the last elWtion, when the oath of offip* will bead ministered.

A resolution was adopted subscribing for three 0^98 of the Journal, Sentinel, Mirror and Commercial also resolutions allowing stationery, stamps,

&c.

Th« House adjourned until Monday at two o'clock. The Senatorial situation uochanged.— Orth and- Wolcott withdrew to-day, but bave stepped into line again. All will

unite to beat Onmback.

Gentlemen of the Senate and Hovtte of Representatives The people of Indiana, in ordaining their Constitution, expressed their gratitude to Almighty God for the free exercise of tbe right to choose their own form of government and may not, in commpoQing the performance of the duty for which we are now assembled, invite you to Join with nae in ascriptions of praise and thanksg^ving to tha same Beneficent Father, for permitting us to meet under suck auspicious circumstance?, to engage for a season in the performance of duties practical execution of gained. the husbandman during the y^ar that bas just closed, have been rewarded with plentiful harvests, the healtb of our people has, in the main, been mercifully preserved, peace h*s dwelt within our eates, and a reasonable §*gree of prosperity within our homes and although the wise and the good can not Tail to regret the existence of many evils in society, detrimental aliknto indi vhloal and social prosperity, notwithstanding these evils, we may congratulate ourselves that the age in which we jiyr^is aa -age of progress, and that the inasa of pur people are gradually, but surely, advancing toward a higher and fetter civilization. (•The unity of government which con Itltutes.moee^eopte," so long threaten ed by rebellion and its sequences, would seam to be-^reestablished on enduring foundations and if we, and those who shall corns. after us, are faithful to the bigh trusts confided to us, we may welt hope that our prosperity, Slate and Na ^190*1, will conviBUe to remote generations of our posterity. gp'fiRNOK JOSRPH A. WRIGHT.

tor a season in toe pertaining to the power* tbt}* ordain

Th* labors ot th

Although it a miktter qf whici) you are all cognizant, I would feel that had filled to perfjpm my duty if I oipitted, officially, f6 call yotir attention to the fact thit, since the adjournment of the last session of the General Assembly, one of the most distinguished of my predecessors who fcr frrany yefcra filled a large and honorable place in tli« political his

?i§SS?

Millill1 "'Iff'.-

j^r .SSY-SS-,*v *^-5 •.„

•&

.•«rO

tory of this State, and whoinjoyed in »oj com ton degree, ibe confidence and ftflec-j tions at its peopte, bft* departed this lifc-j I allude, of course, to]the late Joseph A., Wright. He died AtBeriin, the Prusj flian aeat of Government, on the lltnaftyl of May, 1867, being at the^ time of hij death, the accredited Mfriister of^T*e| United States to that Court. The bighj character, superior abilitiat and J^ongQ4n honorable identification of. Goverbon Wright with the public factory of Inj diana, suggest that the Gannral Assemblyj should take each action, in view of hiri departure, as will aEflWje the pwsple, ana especially the surviving members of nis bereaved, family, .that h« long, f*uhfa!, upright kbd invaluable

According to this classification, the Foreign Debt of the State was, on -the 31st day of October, 1367, as stated iti the Auditor's report oftba(. date, as follows,. Viz: Five ten percent, certificates... #3,754 S0'93! Sir per cent. War Loan Bonde 237,000 00

Total... 83,991,238 33

The Domestic Debt of the State was at the same date, October 31, 1867, as stated in the same report, as follows

Vincennea University Bonds 8 65,685 00 "3,3Bt,082 15 School Fond Bonds..-

Total /... *3,432,609 16 In making an exhibit of the amount of the Foreign State debt in the report alluded to, no two and a half per ccnt. certificates were reported as then outstanding.

As tbe holders of these had boon notified to present them at the State Agency in Now York for payment, and as the money was there for the redemption of all of them, they were treated by that report as redeemed. There was in point,of fact bo wever, at the date of that report, and still is, as will hereafter be explained, a small balance of these two and a half per cent, certificates outstanding, but thoy have ceased to bear interest, as the money ig.itf the treasury of the agency wherewith to redeem them, and the holdors have been duly notified to present th(m.

In the Report of the Auditor ^irFBtkte, for tbe fiscal year ending OctobeT 31,1868 herewith respectfully submitted, the For. eign Debt of tbe State is thus stated, viz

Five per cent. Certificates outstanding at tbe laet named ~d«te.......!..r.$3,822,92l 00 Btx per cent. War (oan. Bonds 210 0W 00 Two and a half per cent. Certificates. 7,260 13

Total ......83,640,184 7fl This exhibit shows that there Was*a reduction during tbe fiscai year 1868 of. the amount of the fi^e per cent, certificates and war loan bonds outstanding of $68,312 68 or.deducting the two and a half per cent, certificates, amounting to $7,260 13, not Stated in the report of 1867, a net reduction of the foreign debt during the fiscal year 1668 of $451,051 53.

Since the end of tho fiscal year (Oct. 31, 1868,) five per cent, stocks havo been redeemed at par to the amount of $455,795, and the war loan bonds have been redeemed in like manner to the amount of $3,000, making together $458,784.

The foreign debt of the Stale, as it now stands, exclusive of the oldintdrnariinprovement bonds, which Will1 he mbesquently mentioned, may be stated as follows, viz: Five per cent, certiflcatel....!.,..|2,J8i37tfia(i C3 Two and a half per cent, certificates.' War loan bonds

ufm.

t03

rpubl»c

seriweq

are held in graceful' reme^tbrunce. before dismissing this subject, I desire tQ call your attention to .tihe, lac4,that, with the single ezoeption of tlw JutB Giifv^*110^ A. Will aid, tie State dopajayt pusses^ a portrait,of one

»tf.„dec^»ed? Execuf

tive officers. It seepis to^lfe fhat, th^ State Library could r«oeree ntt moro-ap4

ariate

adornment' th^ti'f id by.the.likentas ernora who have passed from*thtfneoni« of aartb

1K,a

*v#15,1

V' 5 STATE SXBT. V.i YOQ llie^'taS's'outstanding ind5bt63aJS^on convenience and' reference, xnay be ap-j propriately classified as Foreign and Domestic. That which I shall,'in this com-j municfttion, designate its tho Fortignl Debt, consists, 1. Of the two and a half aud five per cent, certificates of-* "stocfe, issued under, the adjustment maiie between 'the. Stats Mod majority of her creditors in pr anco viT vhe WiaJatidjal of.l8«.«i#d c^monl^ qnllei the. tl»?M $. Or sf* per cent, bonds issued de* the legislatiOn of 1861, for was- *pur posee, and oommoply calted£,the- f'W'f Loan Bonds."

The Domestide Debtof th6^ft^ftT.HWt which she owes to, her own ^ducstioiral institutions, and consists, 1. Of the Vincenn^s University Bonds. 2. Of tbe States indebtedness to the Common School Fund, for money belonging to that fund and used by the State ity the redemption of her two and a half' and five per cent, certificates of stock, and for other State purposos. This 1**1 debtedness is Included in four noh-negor! liable bonds of the State, executed by authority of law, and payable to 'the School Fund with interest atsix per cent,| payable semioacnually.

-1.W

,111 0

Total ,.»3,381,399 79 Toward the payment of this we have in tbe general treasury, belonging.to the State Debt Sinking Fund, and exclusively applicable to that purpose, theisum of $247,091 71, and in the treasury of the agency at New York $43,200 97, making togelbor $290,292 68, and leaving the amount of five and two and a baff per cent, certificates and war loan bonds unprovided for $2,791,097 10, and being equivalent to a reduction of our foreign debt, since the oominoncea)oot,of the fi«•cal year 1868, of $1,200,139 20,• all of which was accomplished without contracting any new debt or liability by the process.

The domestic debt of tbe State is stated In the Auditor's Report for the fiscal year .ending October 31, 1868, as follows, vit.«

Non-negotiable b)nd held

the

School Fond......™, :.... ...13,991,31615" TJnlrerslty bonds ^3,695 W'

Total !,834,90| 15 This shoyrs an iocrease in the domestic debt of tbo State during the fiscal fear eff $222,234 60. This inorease was occasioned by the issuing of two non-negotiable bonds to tbe School Fund

One, dated lit 1, 1868, for.. Another, of eame date, for....

:S183^00 00 .. 40,SX00

MakiBf together «224,000 00 But from this gross increase is to be deducted $2,000 on account of the reduction of the' University bonds during tbe year, which leaves the net increase of th^ domestic debt at $2a%284 00, as before stated-

In his last message to the General Assembly, Governor Wright, in 1857, in recommending an abandonment of tfae old system by which tbe trust funds loaned to individuals on mortgage security, and urging t£e adoption of the plan now being carried out, of investing their trust funds in the purchase of tho five and tw,o and a half psr cent, certificates- of vtock, used the following language, vie: "f be preseat m^de of wrresthrg"the

Sinking Fuc^ ij-. chiefly,

ia mor^

gage upon rfial estate to cur citizen#: The facilities .thus afforded far borrowing money, cause a spirit of speculation,often terminating in bankruptcy and rain to the borrower. The long lists of land* forfeited to the Fund for non-payaaent of principal and interest, admonishes us to seek for some other mode of invest-

1^* ihil now*

ronew"'!the iwdUfflSmMtiBB? ^Kii^ should be attthorized iQ l^vrat'Ulis'.fiiiid, from timd

4Mmdsrnfeo (Im foowde of

the 4*faaraotev

-the State,

«rld,er' mpro^^ lfmitations fo ^incipal andVarliat value "thus phangf

•i rim'

oor obligations £roa|

high and most taao&ing ix$eet 0 govern ment, ^he sdncstioD trf tot youths ititia hlgh.t^st, and wiU b* iftost troli rperforawd conoeCtth^ Education iof ourohildcea with the eharf

recommended has, to a 0onai4*rable tent tj^en accomplished un&r tirt lefls* lation inaugurated at the ip*£Ial MMW of the General Aiwtnbly in ISftfc and It ia "that ic will not be abandoned td return to a syiiftm .which »p«rie^e W

a 1

be considered-as ^perpetual loan to the .State. Instead" of jiav^ng tl»» pe^Rl0. to pay a dpbt whicH, they virtually owe themselves, in otdar thM it ^nay be leh 4n rtiprtgage purity to} chosen few, le it eeEpain a loan to* all for the benefit o*., rftJ i. 'i' hityel(iC^ition4llj, from the foregoing classes of the ^public debt, comparatively small balance of ol^ id ternal Jmprov'oment boifds which thd holders failed or refused to surrender unj der the "Butler Bill," and upon whSe^ no interest has been paid sihoe 1841, ei oept as hereinafteristated.

Ndtwithstanding .-toe faot that no in^ tereat^as been paid sipce 1841, they have annaally appeared in the reports of thd Auditor of State as, a part of the publid IndebteduiMSv.0 From 1864 to 1867 Inclu-j siver the amount of theae bonds outstanding WBB stated at $153*000. The bonds thus'reported were each of the denomH nation of $1,000, and Consequently there are 153 la all., Eight of these bonds Were held by the Board of Sinking Fundi Oommissionett in trust for the Common School Fund when that Board,ceased to? e^tst, and its effects were passed Into the! hands of the Auditor of State under thej legislation adopted at the special session p£l'86'5»

These eight bonds had been held by {he Sinking Fund OommiMioners for, more than twenty "five ears, and no in-j terest bad teen paid thereon subsequently to the year 1941. Bytheaot of March 7, 1867, entitled "An ast to consolidatecertain bonds, stocks and accounts of theSchool Feind into one Aoh-negotiaole^ond and making other provisions in

4:rdation|

thereto," the validity of these eight bonds wa$ recognized, and the principal and all the accrued interest thereon was inoluded,

in the non-negotiable bond given by the State to the School Fund In pursuance of: the proviSiOh of 'the act. This reduced the number of thesB old bonds to 345.—

Afierw^rds, in 1868, eight otfiers, of these jocda Were surremeria to.the Agent of State, and new 5 per cent. State stocks were jesued to the holders under, the

Butler Bill," Gr obe-balf erf thej^princial ol the bonds so suTfandered, pd DQW net ffihts were iss'jieft

(or

on& lialf of

t^e interest- which' had Accrued up to the date 'Of *tje surrender -thereby reducing the numbpr of thes^boibds outstanding to 331

At the time th6vState suspended the payment of Jo t^restroo her indefctedBeM in 1§41, Rbe' 'Genertil "GovernmAnt "field ^Jll of theio ionda in. trust for certain Indian tribes. The State failed to pay interest on the botids Sd'held "by the Gov* ernm'gnt after tha yoy ^41 .buLttaJat* ter'al different subsequent periods applied moneys to which the State became entitled from the sales of public lands within her limits (eommonly called 3 per cents) amounting in the aggregate to $108,207.59.. ffhtt ap|lioiti(m of the 3 per cent, fftna paid tne interest on 1,111 if the bonds so held JT tb%Government

lftoff, one'of our Senators in

In*A|)ril,

Congress, Hon. O, P. Morton, wrote (o me that a bill had been 1ntaroduoed into the Senate which would-be pressed to an early consideration, directing the'Secretary of the Treasury to deduct from the amount that may be das to any State on account of WaT claims, tbe principal and interest of all boolb issued by such State ^od hol^ by .the Government: thai this b!H wns*«3pecialiy Intended to coytfr the old bonds of Jndiaoa, which were pur chastid'' Wy tMe Government for Indian annuities. Senator Morton, in the same communication, deiired me to state in reply wbftt objection?, If any, I had On behalf of tbe State to the passage of the bill. I promptly replied that, if any ob ectiona, legal or moral, could be urged to a proposition that tbe Governmentfbould retain but of adjusted claims tfhich owed 'to tbe State, asum sufficient to liquidate the principal and interest due on any bonds held by the United States against the State, I was ignorant of the existence or nature of such objection.— Subsequently, in July, 1868, the Secretary of the Interior, in whose custody theso bonds were held, filed two caveats with the Secretary of the Treasury, one in relation to 141 of these bonds, whioh had matured in 1859, requesting that payment be withheld from the State out of the balance found to be due to her for expenses incurred in the suppression q( the rebslliOB, of such sum as .would coyer th$ face of the bonds, and such interest as might have accrued theraon tbe other caveat Was in' relation to the remaining seventy botSds not matured, and requesting that the interest acerued thereon might be withheld in like manner.— Copiqa of the cayeats were commqnicated to me by the Secretary of the Treasury, and in consequence thereof, I directed t\e AiJjutant General of the State,. who bad previously been especially "charged with: tfes adjustment of ouy cli4pa| against the Government, to poqead "VVMhlng^bn lo obt^fn information as |o thes9 bonds, iiid al«fo in regard to tke aa-ount of the three per eefet. food due to the Stale from the United Stfffes. The

Adjutant General proceeded JplKe tal and performed the duty in a highly satisfactory maniMr, obtain* ing Cull information on both which was duly'Hported to the on hH return.

Subsequently, on the Tth daV of September, 1868, by my direction, tlje Adjutaat Gewtal wroU to the Secretary, of 11)0 Interior requesting that the proper steps might be taken for the settlement of the principal and interest dde on these 'bonds, by tbo application of a sufQcieiit amcuot of 4he allowed War olaians of the StHte against the government to tbat purpose. This letter remaining unanswered, I wrote myseif to the Assistant Secretary of "the Interior, on tbe 19th day t»f October,. 1868, to t^e same effect. Copies of these letters are embraced in the Adjutant GeneraFs report ^rowiUl jubmlUed. The result was that the 3&rdmgrot^r letefio^ s^nt «a agent to thU oity with the bonds so held by the Government, and on tbe 6th day of November, 15168, the 141' bonds past due, the principal1jbereof-ktf ng $141,000, and tbe accrued, inMCQSt iheijsoQ bcang $146,300, ,^ere surrendered to as with th» attacked coupons,

kaS

r: 3*ITfi3VGAW3M!

lii

itSufi.. jf« ,. UYTTTtgl

.TaRHE^tfiilffilNblANA. SATURDAY

of eaii

niiT

pincipU and amounted to' remaining bonds not matured, thei/SMre^ tkry of the Intetloir conld only producej sixty-niaa, oaa having been lost laid, bnt he had tlie cbnppd of

ttK/Of

surrendered to Trearoreref'fltaUt1^b^Xotid^Bifaount ol principal and interest, septal wa»$323, 925 and I that^the

craldis afJW^B JftMte

bonds and Oenpoos. The

GorBRuaeht1iflir hdldi t|e' bonds, tbe iotereat thereon baktg eettiisd to July litr'l£t8 a«d- tbe pnonpal be ing aot yet due,. This leavftf Quito old )»onds still oatstandingi^ i»fcaf'tBen 4a

the hands

qf p«i1i04

the Governmeat, and one the

Government,

being lost or mislaid

It will remain

for

by in its

the General Assem-

wisdom to determine

what ac

tfon, if any,"should be taken with reference to these old.bon.ds. I would uhhieeita tingly recomjaoend that {Mrdvisibn be made for their adjustment, but for the apprehension that such aotien

'on

*your part

might give encouragement to a continued effort which, it is said, will be made either at the present or some future ses sion of the General Aesemby to induce the State

take back ^ht~Wabaah

Brie canal.and impose upon tb% pt»op)e of the State that half of the brJ^|^ 1 deljl, which ^M.extinguishbd .so ,far,as the1ia« billty of the State is concerned, bv tSe

cowyfin&otth*

canaran^yta

and sotae 800,000 acres of land under the proVisiOns of th6 "Butler Bill." No such effort shall receive aid from any official action of mine, and tberefore refrain from aud(iag4any recoma^n^vt|enas to th&fta old Sterna! Improvement Bonds still outstanding. ,. Tljea5uBtmBnt madebnderi let Bill" was, as between the State and the creditors, who assented, to the agreement, complete accord and satiffaction. One-half of tto'debL w^ extinguished and ceased to be a debl against thje State, and was charged, exclusively, with the assent of the! creditors, upon .the canal and its revenues. The old evidences of debt were surrendered, and cancelleLc4td we iasufed netf jve. ^er c^ cert /or onie-half jiqfc the principal, astt* two apd a half per f^ent. for oa^-feelf of the averted interest hnd the*c&iaf was surrendersd to the creditors by con v^ing it to the Trustees, a majority of I whom were selected by them, and the certificates of canal stock, issued at the satfte time for one half of the .debt, in their face the creditors were te look exolusively to tho qanal fpr^ ihe redemption of S the8ecertiflcates, not to the State. To' acknowledge any liability on tbe part Of the State for the payment of any part of this canal debt would be to. create anew debt for a purpose ^rpressiy Interdicted by the Constitution. The Constitution In terms declares that "no law shall authorize any. debt, to be contracted on behalf of, the_ State except in the

Allowing

case3: to meet oasual deficits in the revenue to pay the interest On^ thj State debt to repel invasion, suppress insurrection, or, if hostilities, be tthtoiteneo, provide for the public defense."

In 1857 the General Assembly passed a joint resolution declaring that the Gen^ eral Assembly his no pqwer under the Constitution to purchase the Wabash & Erie canal and tha^.if it bad the power,

it would be impolitic, unwUe and injuria ous to tbe best interest* df tbe people of the State to purchase said canaL. I respectfully. recommend, that the substancfe of this resolution-'Be re-adoptei at tbe present session: At the last sessidn of the General Assembly a jdfnt rdt3lu^n pTasied the Senate, but Was not acted »pon in the House, proposing an amendment to t{ie Constitution declaring tljat^Mie Gen* eral Assembly shall never incur any debt or liability, or recognize any blaiim whatr ever growing qut qi Of connected with the Wabash & Erie canal, or matters pertaining thereto, except as provided for In: an act entitled "An act to provide for tha funded debt of ihe State of Indiana,, and. for tbe completion of the Wabash & Erie O&n&l to Evansville" approved January 19,1846, and the act supplemental there* to approved January 27, 1847 and that said acts should neyer be construed so as in any manner to create any liability ot legal obligation on the part of the State to pay tho canal debt, but that the pro-' posed amendment should not be constrU-^ ed HS affecting the rights of persons holiiing the obligations of the State and who, were not parties to titiradfuitnie'at oC ttto' debt of the State, as made in said ao's of 1346 and 1847.

The principal of the entire debt of the State prior to the adjustment Undei* the "Bqtler Bill" ^as oyer $11,000,000, and the accrued interest then unpaid w«s over$3,000,000. Tbe one h&lf gf tha Oanal debt, including interest at 5 per cent, since the adjustment, would now amount to some $15,000,000. If the askim^tion' of this tmmense.burden T^.io be pt»^c« ed, let pcopoiition ba m»do {o the people themSelfei Who ^ill'haye to bsi^r it, by'submitting a c'lnstittitjonar atnetfdment, upon whioh they ean vote.

•ot time

I depefcited them in the

lit of the Treasurer of Statk

van the Treasurer fhe

REPORT OF STATB TBKASUREB. '11"'1 The State Treasurer's Report will be laid before you, from which It will be seen that his department is ia a very sat* is#»etory condition,

ftASSSBBMBfTF AND TAXATION.'

By the first section of the ac^ of December 21, 1858, providing for tha appraisement of real estate, the. Boctrd of County Commissioners of q^li county, were require^ a^ the ^r«t t^rqi after tl^# passage

the act, or at a special session

to be immediately oalKed, to appoint an appraiser of real estate fo^ such county. 4 proviso tq thp ieciioij debates that nothing in this fodtion shall prevent the ^qard qf jDommis^Werl of mw JcoiMtje from tppointibg a dtpufy or dipitie|na^ the Appraiseli- In* case of sickness, want

or other dtwMi^ tp difs^a^ge

the dutfes th ths tim& ana mapner reauUed by law. The second ..^otltin of the p^ovide^ .foc tae electio ^. r:at the Qietoberjalection a?d every -nfth yew tbwreafief. aw prdvlsidn B^rd of Qon\mi^io.ner| oi the 'seyorai oo^tie9 to appoint deputies to tho «p praisera that are to be elected In 1863 aijd every fifth year thet'ealcer, unless the proviso to the first section confers the bower. Appraisers were elected ubder this act at the| late October eleot^ap, an^ tbe Baaed* pf iQo«mia»oaer^ nt^many of the uQuatieS_ ha\e already appointed deautles'to the appraisers thus elected In iupwer id lmu|Mes 4|Slatby e^iinlW oflffCferi, the* Auditor of State has issued a circular to tbe several Txmnties, ia 'Which hfe gfves the opinion that BoarJT

\,plfllAW

—.aSTKi LuT'rl

1' s-J J'

I::

t't i'" i.

at NiO$!S,ttMeUI*Li

.ixwoa .0 1 a.',." .act'

KOTJlif

rwi.'.ti trribi •ill nrt ii

diiTT

should be passed declaring that the"pres-j ent appraisment shall remain as the

4hatkbi«w»i

against tbeV^^Fn

ment te the*rcdit of the Secretary ol the Interior, lb consideration of tho surrender

ylyW'W^wlSwlBQwnyeimn. ty of appr su^rs in each county. Thej law as !t-Qrw standi fixes the compensa&LB.if «P»atarU »o fietoday.f^ ilt^Wd!

erattun whether ai P'.nsation under existing circumstances. The act cf March 15. 1867, entitled "A,n f|5«^:k«SMament

empts stW^ in the Bank of the Sfat^of Indiana and in National Bunka from tax.

fully recommend that this section be repealed, and that an amendatory section be passed declaring that shares of stock injfta^xeaipt** bai^j^lllMS&ttle jor municipal purposes like other proper ty. Banks anaQHnerillyJf not always,

t4hch

oy the Supreme,yj

c§ 5bYiL

to im ftrf

that,j8

^Ka smwaH&a«Ai JftSfl 0* e»^:

iSiii

«.-

19^(5f,

veriiffifnfe

ostitutlons, and the

Ions, and there is no rtfrtSir first

persons or institul tcipCifif-tl share of fflunWpal%liVthenp.'

justice in

a*rhe

ot'

stock

of the National'Banks"'"(foftigbufflness in this Stat9, ckfrhot \bd tAkd9 foV uiunicipal purposes so long as'Vh'at of' ti&b Bank of the State

IndiMulis exempt, be

cause the act of*Ood£ress requires it to be

is true, that the 15th section of theoharter of the Bank of %ie State exempts it? nwtl^'f^hNil^ rom municipal taxatiob, and it is equally true, that the Supreme Oourt tff this Stdte in 1858, declared' this exemption ^o be conititutiooaf.' In thb detiision alipdfcd to, it was held that the* provision dr the Constitution which makes it the duly of the Legislature to "provide by law for a uniform and equal ra|e ef assessment and taxation, and 'fei^ hrfcspribd

regula

tions as shall secure a just valuation for .flf «iqp«l^arty,i hitttrhy^iida personal, has no ^plication to municito fabe general levy by toe State-, and tbe reason- givett is that 'thxes for "dorpofation, township and county purposesj cannot -be equal thai is, beoause a different rate of taxation, iss required in one municipal' corporation, county, or. township than1 is demanded by the- necessities of another, therefore, the very just constitutional provision as to equality and uniformity of assessment an£ tax«4ioatf all proper* ly, has no appication to eou$tyi township or municipal taxation, «i irt»'

The .county, township ^and, municipal taxes are fna'ny times greater than ihe aggregate amount of the taxes imposed directj^y the Stfite and the mult of this construction 1a that the "X?oos^t^iep

and ,Wij5».

ions^th^^hst that the to every ap^el der, oiijin .putsuaace 'iDfiSkfcW' ^ol requiring-ihat ihe satne ratcf of taxation sball be iflBfMsecU in'

Jft4Snty

iai^?»edJn

or city

ffplher^gjyn ty** cfty

hut the ^ta,o( asspisment -iihaii be equal and unifori on a\l property, real and ptr^odtt!,'wiffiitf the jurisdiction or terrU toryih which the taxis leviftl.

ff the ta$ be a Staje ,tax ]t_raus(, be, equal OTrafi prop'erty'in all pirts of the State! Ste a county, township or oity ta*,-4fr «ust be uniform and eqtMrt on all property througbottt the county "township oKAity. i*A' which the levy is made

The jk8t iMraason&bfe interpretation .•f the Constitution removes all- obstacles in the w^'bV an equal taxation bank stocks with other property fn the larger towns and cities ipunicipal taxation is unnecessarily onerous, and by exempting large amounil of banking capital (thafa which no other proper.y can bf eff-red to (pay laxes,*) the burthens

jbeneflVof Ml.'rfre made' to fall on other property ana capital not thus labored.'

?or the years 186f and 1868, the tax plaoed upon the dqpli(sate for State debt Sinking Jpu_nd purposes, was 30 cents on each $100 in value of, ifxajiie property, |and the collections for.the' years were^ made accordingly. The collection of this levy depends upon the c^nst-uclion of ibree separate and distinct -acts of the.

General Assembly, and in my judgment ia correct construction of those acts only ^authorized 15 cents on each $100 in value tof taxable property. The act upon which the question depends, is that cf March ,1861, entitled ar .act in relatQa lo applying ^tain funds, therein to [ihe payment ofcfbe public (ieht, i^ad raising a revent *0r thd support. oT common sftioels, ftd Toe act or May 13th, 1861, authorizing-the itFue .of ttie t^n bonds, and the Siate debt bill of Dec. 21, 186,5.—

The act first named authorise a five'per Jcont. tax for .the re^uotl.'a Rid ultimate jexiinotfoa of 'r.5 public debt. The tot of ituy 13, 1861^ auU)orijre8f ^v« cent tax sfor tl)e p§ym(n¥ bfthai qf the lo%n bond-* and the act U^t abo^d mentioned authorises a ten per fcfent. ta^' foi the rcdempttoB of and 3^ p»r cent, certificates SIOCK ou stasdiagt I thin^ the five gent lax authorized by the pci of March 9, 1861, was merged in and Repealed by Ibe ten cent tax levied by the State Debt BklL of Dec, 21&, 1865, an$ Ieft the'rale of taxation ai'T5 cents ot feacb $100 in,valine of Property for Statft debt ^iok^ng'.foli^ purpo*^^

jC^mmiMioners have-no power to appoint QepqtiM Wtbc appaaiseft ^le5tea bv the petole: but\h%t UJe proVifoHo th# first leciion of tbe aet only applied lo the ap praisers Appointed for the year 1858, by the Boarrf of CommfsiionVrs. I believe this opinion to b« correct, an«J there seems to be BO P9were0?ae^M*£^eHtopFai8^ jrt himself to'ajtpofnt his ^s the* appraiser is reqasred -^y the 13th not

I have caused estimates tb am satisfied t^at a Sta^e 4«fet Siukfna "nd lax oT^Tbenta op each ftQQ, "Tor year 186SI, %&d a ta* of 10 oents On' the $1QQ fqr the same purpose for 18?0 Wfll be suffi'ient wiih tbe aid of the linking fund' assets in the 'h (&Si of the Auditor of State to pay off all the foreign Indebtedness of the State, with the exception of the old Internal approvement Hoadsr and thereafter na .tiuie. ^or aiaking fnnd»Bi|r«o^9 will jr«%uii«L I therefore" recothmena that the rat^s as established for the years above mentioned, tespecU^i^r. fof 'Stsitfe dtttu «inbin'g'fnnd.

(be

iurpo- es, and that the levyls of 20 cent on$100- of value for same purposes for tbe yeats 1867,1868, be. equalised, to t^e ^nd J.hat there may be t\u aues^ioh as to th%' collettioa or fhe unpaid taiei wr ibi'ee yetfs, unless your appropriations shall exreel what I now anticipate the Sun tax proper can also be 'reduced 15 cents on each $100 of t^x%hTe property If th« Committee ^f ^aja and Meaip, pr any other committee or member of iither braric^ of the Cloner^l "^8emWy shaVdesiffto ins^| taito«ie« up0* which base tt)q q^iqvw as to the rates ta^atioa neoessary for State debt sink-

ct (a^atioa neoessary fo ing fund and for generat reVenb#" pur. posss, it will affi nish them.

:Scapons

jM»osedTfor

tbe

"Uotar -^cfeii. '1 IF

WAR, CLAIMS JKOAHRAT TH* UNITED o'J s'oiiiei .irw»«..i^ .- T9^la«iU!TM-Mid rsA^jat&srt^Gonerafs repert' that sinBe fCPnus(arin8ment'ortfefe WM' cl&ims agaiiiat t^TLaitadStates4!av« b^en fifed, M-dlf issnottia^, -m foHMrs,-viz VJ id ts&i&frbt «fetfcii^ynMtQrW'w si claim* rar* ttiiiw

tB© *st 1*7 »r adlanaroCjigiTn,

oJsdiWZr 7»nd- W3,«5^3B ail few thereea, -whkh laM a aided stun was rt-.' ^eivBdb ,)iw.!5ne -. December 86, LBflT, aMc ^hep^ak^tAteritfibState Tranury.: Afl6i da4«f^ng vh»^ sums thus adjusted, the* remainedjipwtding daims, amount 31g W rfhtdaggregate, to f3,563,988 3» Thp greateci portion of-i the Id aims going to jnateiup thSa ameuot werd suspended, and^seme of them had -been tffisallotoed.1 jTb^ -,^Adjutant General oPthe.State didj EVECY-THINE in hi»i power •••tot SUCP*!? "the

In ihfs^'resjhfct, the prospect of getting jj It should also, in the cl'afms adjudicated was very remote, j] made a felony to join I thereupon co sented that the Adjutant

Trt •'iii tlfili 1 'I anwia •'"VISLi. IfFn ... »«S»..

vMSeraTmlght employ sucfr'an agent, at

tin aeei

a coxpensa!g}^ ftot exjb^dkfg two per cent, on the amount whieh should be allowed to and realized by., the State tt^OTjgi 'Hfi dffbks but'' that no part pf this per* cent, 'should "b'i paid until it Should be acted upon abd the arrangomerit approved by the General Assembly. The Adjutant GeA6ral made a written Contrabt with Mr. J. Coburn, in pur» saance of Authority from jpae, to the s&uqt ab«ove'stated. 1 promised to report the: arrangement to the General Assem* bly sfcd recommend its approval, whiqh I how do but desire it to be distinctly understood that the whole matter is open to ybnr investigation, and must be -decided iy.you. I have paid Mr. Coburn $1250, to meet bis expenses, while engaged io-thiaser vice, which sum is to be doducTeil out of the per cent, you may al-1 low him.

The Government hold largo claims against the State, upon which interest was accruing, while our unliquidated claims against the Government drew no interest,!, hence my great desird for a speedy adjustment of the acoounts, The written ^agreement made, with Mr. Coburn is. embodied io the Ad-jutant General's reportfTto which J-refer you.for flill inforaaution on that subject.

Smcy the making of this arrangement^ ancL through, tha agent so employed, allowances have bean made to the State, on claims which had previously been suspended, disallowed*, or not examined, to tbe amount of $1,6^3,497 94. Of this I received on, the.4th day of December, 1868, ihe Sjum of $491,730 3d, which I aid. inio- ihe Treasury of the State on-

Aime day, and the residue of the amount so allowed, viz: $1,167,189. 55,yas applied as follows,.viz 4 aAraneed to ibe State by the United

States in 1B01 $ 410,001 00 ?ald loto tho treasury of the State by QtfarterinMte* General Ikln 193,128 14 Advanced tollra'Btat* by the United i:tate4a 1868... 133.3 2 91 Balance"'pf direct tax gf 1862 700,^ VI Paid'by TTnltetl States battering offleer at Indianapolis la l§63.^...,„ 60,900 47 141 bonds of the State surrendered....' 141,000 CQ Interest tfcer«on ta November, ld58.:,130,303 00' 'Interest oa 86^,000^- bond* (not yet due) Julyl, 1858... 405,fV76 00

of lost bond „'_'60.C0

Til DtfTslRV iscon'nt-of .10ft day men yet paid b«cause ,of deficit in appr priation....'.H.. S88 CO

,' A^itl for taller exhibit of the condi* 'tiaflof our warclaiiDS I refer you to a c^etaiied statement which I nave prepar^l aod wiH submit with this communicaStion a» an appendix thereto. ... CRIMINAL LAW AND PR ACM OB. h/T I ibe barbarous and brutalizing practice of prize fighting is beooming lamentably .prevalent in this-copntry, ^nd our town -:S|%te haa not been entirely free from such jdisgraoeful and demoralising exhibitions.

Out penal code contains no adequate provisions, either preventive or punish.iya applicable to suoh oases. therefore recommend that bo^h of these omissions be supplied by proper legislation, providing upon proper affidavit for the arrest and holding to bail cf those attending and preparing to engage in suoh contests also by making it a felony on the part of .the principals and seconds who may engage in a prize fight, afid a high misclhineansr on the part of those who, by their presence, may encourage tbe commission loft^e offense,

TTttfe thirCy-fifth seotion of the act of Jufld lO, 1852, entitled An act defining fellies ^nd prescribing punishmentthere« rorf 'TOftild W amonded. That section ^nakes it forgery on the part of any justice of the peace to issue blank affidavits Df-pertifleat«s of acknowledgment signed by him with the intent that such blanks Shall afterwards be filled up and used as fcffldavta or certificates of acknowledge ment- It wou di be diffioult to assign a ,• reason Wby thi| statute should bi ipn^ined to jus(i«c| «f the F*M*i

L»aw:.

pleasure tq fur-

9CC- i« «Jt**OK.u€ n»OKtrfi

1 1

us 'tfao£3 ui ad te«ijf'it

J?-

SfvtaflMfekfed '•rafri-'dO ri 3S7^TE5W/^ JO'-

i*nii

r^i-

to.' ,Bbvi»si -y-, t-Jl

tn*

ifcisrtjt

-$a^NS(l»

rfarfo

Injheoace of tl^e,S»ce*4 &ndMar- racfp oT fhe Treasury (laira'i were Sled ai follawe, Tie .-

and' carxirA OevMHotahn -.* .M JtertflP'g'...Ht. ^II .nitiii.Mtw 31 ?a.. »?r rtMMM far riikiMLotre of,., ''•a* fcpaiff^Bin^5t»^5raii.

therincrotthltt

^he abiive ali^puiits, the second iL^ti tfcffir'tfiicove

why

(t a£ould aSt extend to notaries and all pther oficers empowered to administer oaths or take and certify acknowledgments. I The section should also be enlarged so 4o embrace within its seope, other fraudulent acts of a limi^r character, not hoW provided far, viz: Issuing affidavit^, ftllftd up and certified as having been iworn to, when, in point of fact, tbe person named in the amdavit as the affiani, ever wjM sworn at all also issuine affie»Hs purporting to be subscribed andj •worn to by persons therein named,when* llMfiretended affiants are fictitious per* (otis. It is said that frauds of the character just indicated, have been committed in issuing affidavits under tbe Registry

1867. "Whether this is true qr

pot, it is manifest that they are as likely •jiiuir,-ay tfaoge gnarded against 1?y the secti«i|[)BS^itfW9di itaprtasnt abapa

Tho reputation of the Stat'o has~been leriousiy injured since the last session of t&e .general Assembly) in repeated instances, by the execution of prisoners acensei or crime, by mob violence. "Within the time mentioned more than a doz en of persons have suffered death a} ^h% hands of organized bands of mas, not BCtingv andet the ivnpn^Se of momentary jpiiion, "occasioned by some outrage just ^sQffaBed, bnt proceeding with a dellb grate determination that evinced, a pur-

XTli

Ji ', ia ,doae «Uob

[—t9U.Ll!W, .i I fib.^Cj

ii q—#

to 1

stfee5a6thAfrr",wff'tlWi,

the law by whom they irere hekl for trii. IW-tb* ifor1• wMch 'ttiiy wer Charged. The pretext««SQtsUfli.M W cuse for resorting to such violence is tha the is p»W*rtWto' {Mttf sft«0itaifes ii Certain distrietB^a*cl* thM: o$ipr#!J): the law havo proved to be unfaithful ii the perfonnawpe #f tftslr ye Ijhemen who assum^jto^l^ptoep upon the law and. its officer?, ana wh enforce their own uncontrolled and irre sponsible-**! «*':tHnetbio|r Mbvc^ni superior to the laws of thocSMs? dk ho hesitate to shoot-down a awarn officer

prisonersj to the that aecbrely gagrdfeft%htil tflf court. The recent outrag hany owed~its successjirth IB' perpetritors Valhfrai

asaa^Lxa

e?[or-

amujrder thtf f» preven

by ihe law authoritlba OW people

ropef a'Ak final ladjustment of tlieclainis.! I lence was to be apprehended if"theFW»re iff 'my:directiOn he made several tribal I delivered and imprisoned for trial at New to Washington, and wsa seconded i.n his! I A|baqy, so 1 informed the StCto&ry of efforts- by the' pti'fconal Infiuencs an'4 ex-i I State of the United jStatw„ who.. ha4 telodtidns of flfebatiir Mottoi. 1 Was "de- graphed me on the subject. teriiiiMf, if'possible, to have't&0 claims I I rfespectfully submit to you whether presented and adjusted without e'taplbv- |.»U'tflble,pBCuaiayLv ^ayanI»rYi^g*it ..•ot to ing an agent resident at Washington,}! bd iuthbrized to be offered and oaid fo 4ttd ptemitiijg^t^ jjaying Wm |»6r'cent.'I the diicdydi^'hnif Widest of those vn •ika was in formed other Stites Were.com-|j were engaged iiv tbe perpetratloii o^ th^

b«

ih&prbMi •4-Ne# audacity ol inticlpited :pi

tb4t

city. Sometime before tb»8H~prisooert %erh eeniiMff'ft fite prBotf ^H "dity, afcjl in a»t«apatkM df ,«Oi« Mfttfy there far safe custodt. I sent an agent lO'thit^plabtffo^Menaffliid^^SfF& to their probable safety if tbwy abdul# -Be

my judgmeiV'hb or be a member of

any organisation" or 'ilssooiaHoA' v»Hch hasfor iU object the uSnrpatfon.«f the fcmn/Jationji of ihe judiciary murder^ ing and punishing others for real or prsf tended offences. It Is also wbrthy or consideration whether soma, legislation Ib not called for providing f&r the custody an_d safe keeping of-priibners acousdd Of crime, at distant pointain the State from the scene of the commission of the alleged offences, where there is ma3e 'to appear that there Is reasonable grounds tb apprehend mob vfclencft, if confined for trial at. or near the place where the offense ,is charged to have been commit* ted.,

I hate long been satisfied that il would be wise to allow courts and^niies alarger degree of discretion thanthey now pofsesa in assessing the punishment, on a. conviction, in a certain class, or perhaps classes of felonies, Eapeeially is this true of the crime of larceny. The pun* ishment for grand larceny can not, In the case pf a male adult, -be less- than twtf years Imprisonment in the,State prison. In petit larceny the punishment may he as-low as one year'lb the penitentiary

tit

for auy determinai period in thetosant^ l»iJ. '-fhe distinction between gr^ind petit larceny is purely arbitrary on, ihe, VR^ue of the prbperij- taken',' If the val? aeis^VedoBwrs.bf^p^fJr, the" oSbnie' is. grand laroefty.^.- The moral impiatudfe involved in a givea «ase of grand larcenymay be less than that-pert^ining another of p«ftft larceny, ahd 'yet tbe arbitrary'' distinction of value Compels a sen tehee, upon conviction of-grand" IftTBSBy, for at least two years fh Ch^petflWhtikry, while as.,to petit iar-ceny-. ^h«rft i» -allowed tha largest discretion. Such a distinction also exists in thepunichment of the crime Of perjury?-and it Is believed th#f no good raastra exists for denying it, as-lio 'the^ offense of grand laroenyv,if, indeed the. distinction t«twaen grand and petit, lar-, deny should exist I respectfully recom mend that the distinction between grand «yd petin,arcefiy.be^abaUshedt.and -that dourt^and juries be aTlowed a large discretion in assessing tbe punishment 6n conviction of Jarceny. Ox If It ifttheught [best to do this, reduce the minimum pun«! ishment for gr^pd larceny from^wo years to one year. "T.

By our Oonsnttrtf6n, Whitd7 malb pelsons of foreign birth, of ibe age of twen-ty-one years and upwatds^ who-have ceii-" ded in ihe United Stsja$ one year, and six months in this'State'prior to an election, are electors,' provided they have declared tbeir intention to become clti-

the laws oflhe "GFnltedl Sttiffc'tm the sift»ject of ^naturalisation. By the laws "of Congress, this declaration may- be nsad€ before the Clerk of any Court of Kecord cf ahy State^ such court Saving common law jurisdiction, and a seal of tbe olerkoi prothoftotary. |t has been represented to me that in some insfaro Clerks of Circuit.Courts in this State have issued blank certificates of. declarations of in tention to become citizens, under the seal of the court, without, however, signing their names thereto, and then have entrusted tbise blanks to partisan friends, who were duty appointed fffpaty clerks, and^'tbese deputlfes fen the day of election appeared in the different townships and issued tba certificates.to such foreigners, of the proper political affiliations, AS. might a|jpear before the dspffty and take the oatbr of intention. I recommend that tfaia public io^cency be prohibited by proper penalties, and that it shall be made unlawful for any Clerk, either personally or by 4eputy, te take the declaration of any foreigner to become a citizen or to issue a certificate thereof at any other pi scat ban the.Clerk's office or the Court, House, when tbe Court is in session/

Our Bill of Bights requites that justice shall be administered speedHyr and without delay, and the public, as -well as persons accused of crime, have a right to inBiston tbe bftfiffdemqttt of this'tequirement. There is a. growing conviction, however,, oot only with the masses of the people, hut among many of our best lawyers and judges, that there are serious omissions and defects in ou* legislation in respect to tbo practice of the Courts in criminal-prosecutions. Tbe facility with which continuances aftd changes of venue cm be obtained on false affidavits with it view to delay tfeM)y,: nntil the evidence relied M^oto by theSlati is no long-attaiaable,-is begetting a distrust is the admin istnition of the penal laws, and is made an eiditter for a resort to summary punishment by mob violence, disgraceful to tO# Swt^'aftd "iirhich If tolerated, most nltfaaately bStfbme subversive tho law.

.mi .dl« aai. ^nHw»B frtiMli

'ft

aw ^iu&a^i'o^^vtn

posi 'tb permit no in tbe way of the ac met. oTtheir object. ~Tn all these 'the p^rtins" V«"§ 'ft'Wn fy* vi fence frei«

As the laWTIVW stafltC^TOong as defendant 1n a crrmmKT^ro4e4utJo'n Will eentintie to mike srffidavite tecbnioaily sufficient) hoWavertintTtrthifal, th» Codrt, aUhottgh'Wttisfled thatniy real ip^uniof delay ekb»,gttwt gifcnt the application or 'run tbe rtsk c^ a rMtwal of the oSM 09-HbpMi, fyb64tegntftclttat the applloatleo Waaws^ioperty'^efttsed ^JadeY soch a praotie^ the offiwof tbe 'lawyer' in preparing the atfhiavit, and not the truttaftiineis of theetSteaeat«f the affirm beoofiaes-the ground of-the judicial

ant,

becw

decMhn. I respectfully recommend that it be

•St&Tglfel

dsvivsettiiig- fbrttfis' fhffbasia" ofth'e" ap fOicaiioivthpiabsen/e w5?^e .tptkmpp Jj is iPibo deftm jfvtiwi

Haofibt ap^itSlIMn ivqttird' dir accused (anjNhit tflt lit oral erassfxamlaation in W matter set 6wtfein| the affidavit as Ure unit Mchwrt a«fclihefcto «|iaqiUiatb4, tha Qoust isfamit rsftis* ths

tlihefcto vllmttWUttlfdfttflli tha Qoust ishmit rsftiss

rective ony"

counter affidavits or oral testimc

tending to disprove the statement relied^ as .thafnunda^toBtiiCiuM^ and thatM ja^igmeqt nw^joCVintion shall he mov©4 because of a refpaal to grant a continuance, unless (be refusal, upon all the evidence-addueed^npon the question shall manifest PA'PAhle abuin, qL dlsoretiWJ bh tits 'fartoiTtne fower_8oufi.— iAho, thftl,^#h*f afr affidavit- jfr li«f fer js^mntianan«ftc«n tfie groaad^ of an itbwHI. admit that the witness would, if present, swear to material and relevant matters statadfin the affidavit,' then sttclr matters niay.ho s^wl as eVMtauv from-'tfao affida-

MmUnothe

continuea because of qua absence jo(. an^h lrfurthw r«iotbmend tfiat saohccaaos, i«i shall Khr «A(fe-conftieteat ^fttate toprovfrtheriad re^trta»«n of the witness name^ io tbe affidavit just

UWWH wiTiion OUTHB trial. ^i.'feiaher recommeni/that provtstonlie made by l^w..that ghftro.Aa- application is made fora.i'uangeor Vflfipe on account of any dljec^ons' the focused may: make ^^the Judge oCthe Court, that some ether Judge, or any disinterested attorney of thei Court may be sube'tftuted to preside at the trial, to tho end that no conticu*nce of the: cause nay be occasioned' by tbw granting ol the, ao|)ljoation. Ttoarule :d into

of practice introduced into the Code of Which gives the defendant's counsel lue right to make the concluding argumeiitto the jury, is an ialdbvation upon the well established principle that the party upon whom the burden of prbof rests shouldbe permitted to open and close the discussion. The practical operation of the rule is not believed to be oonduci^e to%hefe"nds of jusrtce.' When it coastdvred' that our Proscfcutirig and Diatcipt-Attorneys ace so iaad^ouatalv compeoaated, and are therefore not «mq of the largest 'experience*, and that, the defendant if he be potsessdd of means can always secure in his defense tho best i»lenta and ripest experience of tifi profes.

It seems to be clear that'the 49tate

should not be placed under disadvanta^ ges in relation to the conduct of tjie- argument of causes which are not imposed apdte other litigants. I therefore reconfe' mend that Ure rule of practice above sS ludad. be j^rogatwJ, and that the prantice as it stood prior to tbe adooUoft A the Code of 1852 be restored

'.i 'i "-tsGtmivsh STATS PATMABTEB.

.0 i~- -1

x' ~z

Vv 4

By th?. twenty-third section of-

thtr

General Appropriation bill of March "l 1867, MajOf Ste&rnes Fisher, State Pa^ maitaivwas directed to pay over to the State XroasnrarT on tbe 15th day ot Junf c$th$.same year, any balance of money in his, hands belonging to tiie State, andto 'deposit in the office of th'e" Adjutant General all books, papbriPati?t property.in his, possession -belonglfeg'to the State, or connactpd with the. pay department, This direction was strie)ly cbnipiifed \^ttn by Major Fisher at tha. tfm£ 3e9i(^nated, and a* copy ot his prntftw State Treasurer tor final settlement of .his accounts as Paymaster xtf the Indiana Legion- was. communicated to Z. Supposih^ tfia? this r'p^t should, as an-item in tbo financial and military hiftosy ofsthe Aata^ batptifiteci either in the, X?ocumentary Jouraf^^ot in some other form^ the eame ia wftfi resp^ctfritly submitted.

'sotmiiis'-AND SKAMIN'S HOM*,^,^ The Soldiers' and Seamen's_Home near ^Knighlstown, which .was adopted as «)e jof the Benevolent Institutions of the State by,ithe las't General Assembly, i$ fn jsuceoseful operation, and has efready *c-: complwhedigreat good ^In ministering to tbs^ n^QQ9Sitie» of a olais of men who-have. done.arid suffered'much for their" cout^ t?y: Tbe'rhpcrff of Ihe Board'of TrUgtees'of^at institution is herewiUi respectfully sub««

Med, to. which you are refer

red for a full history of its operations. The fifty acre tract of land on which the Hornets'Situated was purchased prior to the adoption, of tbe institution-by the legislature, with the vbluntary contributions tf this people. Since the adjournment of th*iast General Assembly th#* land has been conveyed to the Board of Trustees, created by tbe act of last session. It wtfl b^'seen by the report of tbe Su-ptfi-Intendent accompanying that of the Board of Trustees, that since the establishment of the. Institution, four hundred {men, disabled either in the military pr Inaval service of the country, have receiv. ed the benefits of tbe Home that two ^hundred andrtwenfy-oneof that number, after a temporary: sojourn at the Home,-

Were discharged in an improved conditio that thirty-one have died, and that otie hundred and forty-eight still ?ema1n iu the Institution.

The Board ot Trustees have 4rect«d ia beautiful brick edifice, capable of ac: commodaling about two hund^aH men, .and have devoted jibe old fratie buildings v^bich were on (be farm atthe timeot us purchase to the uiti i( the Orphans' ITe Ipartmewt, In which are gathered eighty•is children of deceased soldiers. Many these ohildren were taken from tha 'oor Houses of the different counties and all ef them would have suffered for food, raiment and mental and moral culture, but for the guardian care which tbe

State has exerossed over theot in provling this institution. I feel assured that no effort on my art is necessary to secure from you amle provision for these disabled soldier* a

AdiifctoTdiSi if

"The report of the State Board of AgrJaltuve for the years 184? and 1868, will laid before you. It is believed that thia ^oard is doing* much to promote the agricultural interest of the State, upon which ®H other interests so largely depend. At presentitiem ia no means of eoHeeting and aUseminating statUtioal infarmaUon asU thg agricultural,, manufacturing and, mljsbral products of the State. If Ih'diana wants to compete with other States in amassing capital and inviting immigration, soiaeflieaBS must be used to spake bnown what we ha.ve already accomplished, and the vast resources of our State ^hich still remain to be developed: A ifvtistie&r department mtgh» be cofln4a»bd with the State- Boaxd of AgriCllwye or with thQ^Q&ae of the.Secretary At State, and it il helieved that tho,sraaIl outlay which this would Occasion wotifd soon be repaid by the-increase of population and capital whieh would ensue. Our iajrge ooaland iron, iateresta are ahnopt unknown beyond the borderaof the StaUvao4rW«o«mrown people bave ao:-»d«-. f. quiateiWea of the extent of these interests. bas greater opportunities «b1 capfkbilities than our own for multiplying a ad diversifying, her industrial produoticfus.' If we. shall do out duty in adv«£v

ti-lng our ?9t$pcce8.lo as to attract ufaQ|f»f»ago|piail to our borders we srill [CONTTNUXD OS FOURTH FAQB.]

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