Rensselaer Gazette, Volume 2, Number 38, Rensselaer, Jasper County, 12 January 1859 — GOVERNOR'S MESSAGE. [ARTICLE]

GOVERNOR'S MESSAGE.

Senators and Representations: At the special session of the General Assembly, I asked your consideration of those questions only which I thought demanded your immediate attention; and deferred, until the pr“sent, any recommendation except those which should be presented to you at the' time when the Constitution of the State required that you should assemble as the Representatives of the people. On the 9th of March, 1852, an act was approved, entitled “An act to authorize the formation of companies for the detection and apprehension of horse thieves and other fel- , ons, and defining their powers.” Under this law, associations have been formed, that have arrested and punished individuals without bringing them for trial before the ordinary and legal tribunal of the State. It is better that every person charged with the violation of the law should be arranged before, and tried by the courts of justice. I recommend to you the repeal of that law. There would be no necessity at any time for honest men to form associations for the purpose of arresting and punishing criminals, if the State and c unties made a. sufficient allowance to indemnify their police officers in arresting and bringing to trial those who violated the law. You cannot expect that the sheriff' and other police officers will devote-their time and expend their money to bring those who violate the law before the tribunal of justice, unless they receive a reasonable compensation. While this class of officers are unpaid we may expect that an indignant people, who have been outraged by crimintjjs, will disregard the law, and punish without authority those whom they believe have done wrong. Section 2 of article 4 of the Constitution of the United States requires that -‘a person charged in any State with treason, felony qf other crime, who shall flee from justice, and be found in another Stare, shall, on demand of the executive authori y of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime.” During my term of service 1 have declined to surrender to the authorities of other States, those persons who are charged with offenses which, at the time of the establishment of the Constitution of the United States, were misdemeanors. Since the adoption of this section of the Constitution, several of the. Stiates have so changed their laws that many offenses which were then misdemeanors are now declared felonies. The' authors of this section evidently, in providing for the surrender of fugitives from justice, intended to include only those who are charged with crime, and not those who were charged with misdemeanors. It was not their intention to; require of a State that one of her citizens should be surrendered to another State, when he was simply charged with that which was then a misdemeanor, although a State making such a demand should, by her law, declare that what was then a misdemeanor is now a felony. For instance,’when tho Constitution was adopted, an assault and battery was a well know offense, anW legally defined as a misdemeanor. No Sftute has a right to. change the character ofi that offense from a misdemeanor to a felony, and upon a person being so charged w4h such alleged felony, escaping from tho-d State. of his residence to another State, require of the authorities of that State his relurfi. Without any such provision in the Constitution each State would be at liberty to surrender, or not, any person within her borders charged with an offense. There being no act of the Legislature directing that a person should be d -- livered up. I have considered the Constitution of the United States as alone controlling the surrender of fugitives from justice. The citizens of the State are deeply interested in the preservation of the public records. Hitherto there has been no safe depository for them. The officers of State have been compelled to rent rooms in which to place the records. It is impossible in this city to secure the use of rooms that are safe against accident or crime. If many of the counties are willing to make large expenditures in the erection of buildings for the preservation of their records, I am satisfied that the State can, with far greater propriety, provide a building for a similar purpose. The destruction of the records of the Strife would entail upon her citizens lasting conflicts concerning the rights of property. The expense of the litigation which would arise from their destruction would f. r exceed any expense in the erection of a building suitable to accomodate all the officers of the State. I suggest to you, therefore, the pro priety of erecting at an early day, upon some of the public grounds, a building wherein the Judges of the Supreme Court and the officers of State may be enabled to preserve the public records. Tire Trustees of the Wabash and Erie Canal reported to me in December, 1857, the condition of that work. The report for the year 1858 will be laid before you at an early day, which will inform you as to its present condition. I regretted to see, in their report for 1857, that its revenues were greatly diminished; and I am informed that during the past year there has been no improvement. It is, indeed, feared that the revenues will Drove wholly inadequate to keep the canal in repair, and that by them alone it cannot be maintained. lam further informed that the bondho’ders are unwilling to sustain the work b any other means than those derived from its revenues, having already invested one-half of the entire debt of the State in the work itself, besides advancing s>Boo,ooo for its completion. They have informed the Board of Trustees, in the most formal manner, their determination to close the canal, and abandon the work whenever its tolls and revenues shall prove inadequate to its support. The report of 1858 will disclose the extent and nature of the action of the bondholders. The abandonment of the work would seriously embarrass those who reside in the vicinity of the canal. If the worn should be abandoned by the Trustees, there is no law under which it could be maintained. Frequently the attention of the Legislature has been called to the necessity of increasing the salaries of the judicial, administrative and executive officers of the State. Section 12 of Art. 1 of onr Constitution declares that “justice shall be administered freely and without purchase, completely and without denial, speedily and without delay.” Upon examination I find there are more than nine hundred undecided cases in the Supreme Court.

The law requires the Judges of the Supreme Court to be present at the Capital but sixty days in each year. ThakJsas much time'as 1 they can spend here upon their present salary. If they receive a compensation sufficient to enable them to devote more of their time at the Capital the consideration of the judgments they are required to revise, the number of undecided cases would be much diminished: The citizens of the State must be greatly embarrassed for the want of decisions concerning their personal liberty and rights of property. Believing that the most ready mode of securing early decisions would be to enable the Judges of the Supreme Court tv remain longer in consultation, I recommend to you such an increase in their salaries as will support them in the discharge of their duties, and afford Ahem a reasonable compensation for their “expense and labor. They would be greatly aided if they were supplied with a sufficient library. They should be authorized to purchase, for the use of the Court, a library over which they shall have the entire control. While I have thus urged the necessity of the increase of the salaries of the Judges of the Supreme Court, I do not regard it a s less your duty, to provide for the Judges of the Circuit Courts. Many able and accomplished lawyers have accepted positions as Circuit Judges, entertaining the hope that the Legislature would be willing to pay them a reasonable compensation fortheir services. It would be difficult to select many among them who would not receive in the practice of their profession more than twice that which they receive for their official services. The State has no right to require of one of her citizens that he should toil to see that crime was punished and justice administered, without giving that citizen a reasonable compensation. No increase or diminuation of the salary of the Governor of the State can be made after his term of service commences. Before the next regular session of the General Assembly the people of the State will have elected a Governor. Inasmuch as there is but a short time intervening between the commencement of said session and the in* augurution of the Governor elect, I regard it your duty to take into consideration the sqjiject of his salary. I have no hesitation in recommending to you that you provide for him such a compensation as is worth}’ of the State of Indiana. The laws of the State in regard to the qualification of voters and the election ol officers are inadequate to protect the suffrages of honest men against fraud. On several occasions within the last few years men have left the county of their residence, gone to others, where -they had no permanent home, where they did not intend to remain longer than the day of the election, have there cast their votes and thus determined who should be the officers ami representatives of the counties they visited. The inspectors of elections, in some of the townships, have denied to legal voters the right of expressing their choice of officers. A government which depends entirely upon the action of a majority ol her people cannot be maintained for any length of time unless that people are permitted to determine, without viblmce or fraud, who shall be their officers and iepresentatives. Every citizen who is desirous of maintainingpeace, every citizen who is attached to, and willing to sustain onr form of government, should be anxious that no illegal vote-should be cast, and that ho'legal voter should be deprived of the right to cast his vote. A law should be passed inflicting severe penalties upon the officers who superintended elections, if they decline to receive a legal vote, or if they admit one which is illegal. Likewise provision should be made to punish criminally any man who leaves the county of his residence, got s to another with the intention of voting and then returning to his home. If an illegal voter could be punished by imprisonment in the Sta'e Prison, bad men I would be deterred from wrongfully voting. The General Assembly of 1857 failed To make any appropriation for the benevolent institutions. The reason for that failure was, I think, not to be found in any' hostility entertained by the members of the Legislature to those institutions. They knew that the Constitution of the State provided for their support, and that they were objects of charity around which the hearts of their constituency clustered with aifeetjon. No appropriation having been made for their support, the question {arose, whether they should be closed or the money in the treasury paid out for thdir support. Believiim that the Constitution of the State reflected the will of her people, and not being authorized by law to control the action of the Treasurer of State, I did not hesitate to advise him to advance any unappropriated funds in his possession to maintain any institution. lie doubted whether he had the power thus to act. By his failure to advance the necessary means the Hospital for the Insane was closed on the third day of April, 1857, and the Institution for the education of the Deaf and Dumb on the 10th of the same month, that for the education of the Blind not until the close of its regular term. The Treasurer of State, upon more mature reflection, became satisfied that you would approve his conduct if he: advanced the means to sustain mu iiieinutions. rte accordingly signified his willingness thus to act. Thereupon the officers of State, on the 16th of September, 1857, by unanimous resolution, advised him to pay the money of the State in his possession to sustain those institutions, and they were opened. He has paid from the treasury the money for their support, and for this advance by him I recommend that an appropriation be made. Whatever conflict of opinion may exist concerning national or State policy, on other subjects, I am unwilling to believe that it is essential to the success of those who entertain either the one opinion or the other, that the most afflicted of our people should be deprived of the education and comforts which can alone make life to them desirable, much less those who have been deprived of reason should be denied the best hope of restoration. If economy alone was consulted, these Institutions cost less than the counties would be required to pay in sustaining their inmates at home. In addition to that, there are secured to the Deaf and Dumb and Blind, far better opportunities for improvement, where they are gathered together in numbers, competent teachers secured, who devote service of a life to their improvement. And as to the inmates of the Insane Hospital, every well advised

physician will express his opinion that the best prospect for the restoration of their reason is to be found in placing them in the asylum. The institutions have been, conducted with economy and skill. The reports of their officers urge upon you that appropriations be made for the enlargement of the Hospital for the Insane, and the repair of the others. I most cheerfully join with them in their recommendations. I recall vour attention to the condition of the Penitentiary. The number of convicts there confined is 484. The prison is crowded so that they cannot be employed with profit. When the warm season arrives there will be great danger of disease: With reference to the remedy which should be applied, I refer you to the message delivered at the special session. The report of the Directors and Warden will be laid before you. They exhibit the result of the system adopted for the* government and management of the State Prison. ‘ So far as the health and discipline of the prisoners are concerned, the result of the new organization has been beneficial. The State has pecuniarily suffered no loss. On the 28th or January, 1834, an act was approved establishing a State Bank. Said act, by its terms, ceased to be a law on the Ist of January, 1859. Unrfer this law the Bank commenced and cotit|i»ued its operations as a corporation afcsKorized to issue and circulate notes, discount paper, and transact all other ordinary banking business, until the Ist of January 1857. At that time its outstanding circulation was $4,208,725, with a debt due to the institution, principal!}' from citizens of this State, ol $6,995.368 12. Between the Ist of January, 1857 and 18.59. the Bank redeemed nearly its entire circulation and provided amply f>r the redemption of that w hich lias not been returned. She has collected from most of her debtors the money which they owed. The gentlemeji who have conducted this institution are.entitled to credit for the ability they have exhibited fin the management “of its affairs. The State was interested in the Bank. She invested in its stock $1,399,999. The money to make that investment was procured by the issuing of 5 per cent, bonds, the last of which will be payable July 1. 1866. The President of the Bank and four directors, all chosen by the Legislature,were constituted a Board of Commissioners of a Sinking Fund. They were charged with the duty of receiving the dividends upon the State Stock, paying the interest upon the bonds, and investing the surplus in mortgages upon real estate, for the benefit of the fund. The gentlemen who at various times have had charge.of this fund have managed the same with care and fidelity. The report of the Commissioners shows that its nominal profits are $2,789,604, 36. By the law creating the Sinking Fund that Fund, was appropriated: First, to pay the principal and interest upon the bonds; second, the expenses of the Commissioners; ai>l lastly, t> the cause of Common School education. The faith of the State being thus solemnly pledged, enabled those who negotiated the bonds to sell them at ti ] re.nium of $29,496 92. There is now due upon these bonds 5979,000, payable between the J 3th of September, 1861. an 1 July Ist, 1866. Unless 0 the fund should be diverted from its original I purpose, those who control it will at all times be able to pay promptly its indebtedness. But had there been no interference orvthe part of the izigis-lature with the original act, that fund would now amount to $3,000,000, and by the time the interest cun be drawn for common school purposes, more than 54,000,000. Unfortunately, however, during the year 1841 and 1842. 5676.308 04 were applied to other purposes. 'l’rue, the State engaged to return the amount with interest. This, however, has not been done. But without resorting to the-collection of the mortgages held by the Commissioners, there are 5L* 052,896, 25 of available means. This will be sufficient to pay the bonded debt. I think the State should not divert any more of the fund to the ordinary expenses of the Government. Justice to the holders of the bank bond requires that an amount sufficient to meet them when due,should always beiat the command of the Commissioners And the interest of educati n in this State requires not only the preservation of what remains of the fund, but an early return of all that the State has drawn from it. Those who, twenty-four years ago, saw in the future the prospect of creating a common school fund, not by taxation, but by faithful admini tration of the law, are worthy of our commendation. They believed that it was the duty of every citizen of the State to lend whatever influence he had to the education of the sons and daughters of Indiana. Shall we, at this day, when from the result of their action a noble fund lias been created, lay, our hands upon and destroy it forever! Some there are who do not favor the education of the children of the State, Great injustice is s metimes done in providing by taxation the means necessary to sustain the schools. But here is a fund which never cost a citizen of the State one dollar, which, if left untouched, will in 1866, amount to over 54’000,000. After that its annual interest will be equal to one-half of our present schobl 1 hope, tnerelore, that this fund may rOnikiii whbre it was originally placed. The term of service of the Sinking Fund Commissioners having expired on the Ist ol January, 1859, I recommend that you establish by law a JBoard, conferring upon them full power to settle with the late Commissioners, and receive from them the funds and securities in thoir possession. At your last session a bill was passed continuing the late board until the first Monday of April, 1859. I withheld my approval of that bill for the reasons presented in my message. I entertain no doubt that the fund would be entirely safe in tho hands of the late commissioners, and that they would manage it with integrity and ability, The Constitution gave the Legislature the power of establishing two systems of banking in this State. The first Legislature which assembled after the adoption of that Constitution passed a general banking law, under which ninety-one banks were organized. Before the meeting of the Legislature in 1855; experience showed that the law which authorized their establishment was insufficient. Forty-one of them had failed to redeem their circulation. The friends of thegeneral banking system seeing tho deficiency in the law, urged the passage of the act of March 3, 1855. Since the passage of that

law there has been but one bank,, organized under it, that has failed to redeem its circulation. At the same session of the Legislature, an act was passed establishing the Bank of the State of Indiana. The ful> amount of stock required by law was subscribed, and the bank commenced its business. Its circulation is now 54,502,346’. Its notes and bills discounted, $5,154,549 07. Its cash on hand in gold and silver, $1,685 -■ 894 93. From the time that these laws were passed, the currency authorized by the State has been promptly redeemed, although in the intermediate time, the financial crisis 0f.1857 has been passed. When you consider that between the passage of these laws and the present time, the State Bank has withdrawn four millions of dollars of her circulation and called in six millions of dollars of indebtedness, in which the State wasdeeply interested, and without wbrch laws’ the State Bank wovld have been unable i’ri so short a period of time to collect the debts due to her—one-half of which belonged in, reality to the State, you must regard the legislation of that session as highly beneficial to the financial interests of the peopleas any could have been which provided for tiie establishment of batiks and the circulation ol a paper currency. The Bank of the State has quietly acquired the po.-ition'o'c-cupied by the old State Bank. Those wl:o----formerly directed the one now control the other. If the rule could be ad >pted through ut t! e United States it would perhaps be Le.ter that no paper currency was circulated. But, inasmuch as that uniformity is particularly impossible,! think Indiana has established as sale systems.of hanking ns any.other State in tho Union, giving to her people as liirrlr. security for the redemption of tiie notes of. the banks as any other State. , The last Legislature levie l .no taxes for the years 18i57 and 1858. The officers State were therefore deprived of the ordinary revenue which should have been provided to sustain t!i|e various departments and institutions ol the State. Believing that there was no reasonable prospect that the members of that Legislature, if re-assembled would change their policy or action, I did not cull them together, choosing rather to w ait until the people had elected new representati es. Notwithstanding the failure of the Legislature to levy the taxes, the officers of State have endeavored to carry on. the Government, and in so doing they pre - sent t ) you, as the result of their action, that they have only been required to borrow $330,000—5165,090 in June, ami $165,000’ in December;, ISsß—w hich has been applied to the payment of the interest on the public debt. They have paid Irom the General Fund to the Swamp Lind Fun.l $83,000.. They hive’ drawn from otler funds about $200,000. If the revenue of those years had been collected, upon an assessment equal to that of 1356, it would have amounted, in the two years, to sl,2oo,JOO,which would have left in the Treasury now $803,000 of a surplus. Still with ail this failure to raise the revenue, there is yet in the Tr .usury sufficient means to sustain the Government until the Ist of neXt March; and if authority 1given to negotiate a t tmpjrary lo in fur $259. 0i»0, tiie revenue which will be derived 10m the taxes ol 18.59 and 1860, levied at your la t (ession, will pay every debt ere..ted, and sustain the (Government until the end of the year 1861. Tiie tax s of the State must necas.-ariiv be collected by the county officers. Hit icrto they have had no direction by l>w, as to the kind of money they should receive; the result of which has been that the Treasurer of State, in times of financial difficulty, has been compelled to exercise his discretion in receiving from the Treasurers the m >nev they had collected. Between the ti ne of the receipt of such money by the county Treasurers and the paying ot the same to the State, much of it has depreciated in value. While the county Treasurers acted in good faith, receiving for the State's taxes the ordinary currency, of tlte county, it would have been wrong for the State to decline accepting the same from them, and it would have been equally wrong to hold the Treasurer ot State responsible fcr any depreciation in such currency while in his possession. But in the receiving, holding and paving out of the money thus collected the State has sustained many losses. The State has never yet provided a safe depository lor her money. While the Treasurer has been required to give bond for the the faithful return of till by him collected, he has been compelled to exercise his judgment in selecting the place where it should be deposited. The result of the exercise of his judgment has some times been unfortunate. Is it not better therefore that the Legislature should determine by law the kind of money that shall be received bv the various county Treasurers for state taxes, and provide a a suitable place to deposit, in which the Treasurer of State shall retain it until the laws require its disbursement. In determining the kind of money to be received, is not the highest safety of the State secured in requiring it in the constitutional currency ol the Government! If you provide that the taxes may be paid in the notes ot banks, you simply loan to those institutions Hie taxes j'ou have collected. You also conlbi ”i>on Treasurer the nower to discriminate between the various banks what bills he will first disbtuse. The effect of on ’e. ing upon the T*easi» urer this power to discriminate as to w hat money he will pay out endangers the public funds. I therefore ernestly recommend that a law be passed providing that the tax-, es of the State shall be collected in legal currency; that a safe building be erected An, which such shall be placed; that the Treas, urer of State receive a proper compensation for guarding and preserving the same, nnd he be required to pay, when legally tlenian-. ded, the same money he has received; and that if he deposits of it in any other place than the one established by. law, nr loans any of it to any individual oje oovporation, he shall be punished. I ani desirous of co-operating with you in the enacting of any |a\y which will inure to the welfare of the people we represent and the interest and honor of the State of Indi-

ana,

ASHBEL P. WILLARD.

00-Mr. Samuel C. Marsh, the oldest inhabitant of New Albanv, Ind., died in that city on Tuesday evening, aged, 71 years. He settled there in 1814, when it was away in the wilderness;