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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning i:) the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre film6s d des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un soul cliche, il est filmd A partir de Tangle supirieur gauche, do gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la mdthode. 1 1 2 3 1 2 3 4 5 6 BC ADDRESS or GOVERNOR KENT % TO BOTH BRANCHES OF THE LEGISLATURE OF THE STATE OF MAINE. JANUARY, 1838. Avoir ST A. LUTHKR SEVERANCE, PRINTER 1838. A c A D D R E S S Fellow Citizens of the SeiiiUo, and of the House of Representative^: ll is a source of .i!;ii!iii uratificatioii that, in assuiniiisi; thf hoiioralili" and rrspoiisiljlc otiicc! to wlii'li I liavc liccii elected by my Icllow citi/uiis, I can coni;ia(iiiatc you, and tlicni, upon tiic conlinuod licahli \vc liavc enjoyed, and tlic l)('nii!;nant smiles of I'rovidence upon the lahors of the husl)aiuhnan. It uonhl aliord me uuich ^satisfaction if I could also conjirat- ulate yon and iIkmu upon the continued prosperity of oin* coun- try, and tlie natural and satisfactory results whi?h have hcreio- for(> attended the enterprise, intelligence and vigorous action of the American people, in their various departments of lahor. But it is a fact too obvious to he disguised, and loo serious to be overlooked, that a change has come over tiie long continiu'd j)rosperity of this people, and that a check has been given to enterprise and exertion in public works and j)rivate operations, \vhi<'h has produced and is producing, cmharrassment, derangc- nient and distress in the business and prospects of a large jmr- tion of our ])eoj)le. It is a sad and dishearteninc: spectacle to see a young, \ igo- rous and strong nation, with powers and capacities of almost unlimited extent, in a lime of profmind peace, when all the causes of national and individual wealth were in full operation. when industry was reaping its reward, and conlt.Miiment and sat- isfaction were the attendants of exertion — suddenly struck down from this palmy state of pros|)erity and hap|)incss, to suf- fer all the evils of suspended action, deranced currency, gene- ral dir tress, commercial (Mnbarrassmenl and individual ruin. It is natural that men should ask and seek for the cause of such, revulsions ; and that they should, wiih the independent spirit of frei>nien, hold those to whom pov.er ha'; been delegated, re- sponsible for their acts in jiroducing such calamitous results. A free and enlightened peo])le will yield a generous confi- dence and rational support to the government of their choice, but, they will never surrcMider the right to inves'igate fully, and judge imjiartially, the tendencv and effect of public measures upon tlu' piosppiity of ilic foniitry. Whoever supposes or hopes thai such a people will lollow uitlioiil hcr^italion or adopt witjiout iuvesti^aliou, any course uliicli may he; poinl(Ml out hy those in whom the} ha\(' confiih-d. simply heeause it ori^iiialed with a particular parly, will sooner or laier ascertain that he has mistaken the genius and spirit of our eonslitution, and ihe char- acter of this peopk;. '.riie calm judsiiuenl of the uhoK' people is the trihuual he- foro w hich the acts of puhlic men must j)ass in re\ iew ; and it is a trihunal which am seldom long he dec ei\ed, and never can be corrupted. 'Vhv chaotic slate of the currency of the I iiiti^d Stales is a toj)ic of intense inler<\sl and lre(i invesligalion ; and whili; the fact is admitted hy all, and the fatal ellects of this derangement arc obvious and uncontradicted, the cause and the rcMuedy are subjects of iunnediate and pressing attention. VV'ithout pretending to he able and skilftd financiers, or ca- pabl'- of fathoming all the deep researches of those who are, the great mass of the people; well know and rcmeml)er, that six years since, this nation t,'njoy(Ml a currency unsurpassed in the history of tlu; couunercial world. It united tlu; security of the precious metals and the (convenience of paper. It was convertible at any moment into gold and silver, and had obtain- ed the confidcMice of the whoh; conmninity. It was a curren- cy which answered the great j)urposes of comnu>rcial exchange, possessing an e(|ual and convertible value in every part of our widely extended land, and enabling sections most distant from each other to negotiate with ease and safety. AVhen it was deemed expedient by (lovernment to change or destroy it, all |)ractical men admitted that we then enjoyed a safe, sound and highly convenient currency, which could hardly be improved, and might be impaired, or destroyed, by sudden changes or ill considered schemes of improvement. The events of the last year ha\ e fiillv demonstrated that the predictions and fears of those who anticipated evil Irom untrieil and uncertam experi- ments upon the currency of the country, were not the mere assertions and prophecies of zealous opponents, but the far reaching views of experienced statesmen, anxious to preserve what experience had proved salutary and usc^ful. It is undoubtedly true that there is a disj)osition in the com- munity to attribute to the action of Government eflects which are the result of other causes. Rut when, as in the instance Ix^fore us, the (Jeneral (Joverninent avowedly undertook to in- tirfore and to change the fixed and delicate operations of the monetary system, by a new and untried ex])criment, with the proii have upon expert and w ment, goveri edly ( mean> to tll(> and tl oscs or r iulopt out by ^'milled L lie lias le clmr- mal l)iv ; mid it ■vcr c'iiii itrs is a lilc tiic ii^eiiuMit 10(1 V are ;, or ra- iio are, that six '(1 in the iirity of It was 1 ol)tain- i cunHMi- icchansie, rt of our aiit iVoiu I it was )y it, all )uiui and iinovod, jics or ill i' tlio last I foars of I oxpcri- hc mere t the far proserv the com- ets which instance 3ok to in- ns of the with the promise of otpially favoral)!*' rc-ulls, aiu! wlu^n predicted ed'ects have resulted Iroiii the caiise.^ in operation, it seems just and pi()|)er that the people should hold their rulers respoiisihle for the e\ ils uhicli have come u|)on them. I should he most happy, if it wiis in my |)ower to sust^cjst lor your eoiisideralion, a course of State li-i^islatioii, calculaled to relieve the conimunily and restore aiiain a sound currency, and the reuuiar operations of eomiiuTeial intercourse. lint it seems to mo plain that, as the evils have come upon us hy the action of the i!;eneral jiovernment, we must look to the same source for the le(l in th(-ir Ici^islation. The remedy for this .National e\ il mu.-t he found in .National leeislation. It is in vain, therefore, for the people to look to their State go\ eriniK'nts for relief, l)ut their wishes and demands must he carri(>fl to the halls of ('onirress, wiiere aloiie the power exists to remedy the evil under consideration. ] am aware that the existence of this henelicial power is denied, upon th(! authority of men hii^li in o()i({'; hut I cannot yield my assent to [jrojjositions which rei:ar(l uoveniment as created nteroly for its own sake, ;md destined mainly to (H)llet;t revenue, in a currency of its own, to eiiahle il to cany on its operations and i)ay its oOicers. (Jovcrnment, as Uepuhlicans understand it, is created not as an end, hut as a means of advancinc; the interests, maintaininic the rii;hts, and protecting the property and the persons of the peoj)le; and those who are the incumbents of its oflices are not a pri\ ileu;ed cl.i>s, for whose benefit and support exactions tu'e made upon the people, but agents to carry forward and foster the great objects it has in view, the prosjiorily and liai)piness of the whole commuriily. It is peculiarly unfortunate, after a lonii series of experiments upon the subject, without doubt or hesitation, when these exjierinients liave failed, and the old institutions are broken up, and we are in the midst of doubt, coidusion and embarrass- nient, and are looking with anxiety for relief to our National government, that those who administer it should be unexpect- edly doubtful of their authority, and scru])ulnus of using the means in their power, and that those doubts should be carried to the extent of proposing a separation between the goveiiinient and the people in the matter of currency. Jt i^ i.i the power r 6 of Coiij^icss \() iriiikt! tliii srparation, by r()m|>rlliiiu; ilic jui^- inciil ol all (hies to the i^ovcniiiM'iil in trold mid sil\ cr, dissolv- ing ii!' coniiuctioii willi banks, and niaKini; eacb <()ll('clin}f (ifruM-r a special di'po-'itary; llms ('Mcndintc most alarmingly cxccntivo [lalroMazc and power, and lea\inu; llii' people to manatro as (hey are ai)le, uilli a dejjreciated or a fliicliiatini:; |)aper eiirroncy. lint it may well be doubled wluitlior, by sucb a course, the !i;reat object tor wliicli government was ronslitnti'd will b<' answered, or wiieilu r a tliiiikinii; people will lonji eonsenl to a s(dieme uliicli nuist benefit the few , to llie injury and distress of the many. A (loxcrnment which aims at nothinir higher than to sustain ilseif, as an independent or even anliiiiciiist |)ower to tin; poo- ])le which created it, and which retcards no other view than to k(H'p itself in motion, is not snch a iio\ernment as onr fathers instiluled, and we oni;ht to enjoy. The grisit and leading oIj- ject of good ,'^overmnent is the welfaie of I lie pef>ple, and the operations ol' its machinery are only important as they siil)- serve those ends, 'i'he interests of such a govermnent and thos(> of the people, are one and inseparable. One currency for the people and anoihor for the government and its oliicers, would b(,' absurd as well as ruinous. I regard it as clearly vithin the power, as it is clearly the duty, of the general gov- ernment, to take care of tin; National currency, and to adopt those measiu'cs which shall speedily and surely restore to us a sound and healthy circulation ; wh.eh will be doubly welcome and valued from the suH'eriugs we have experienced since its dt^struclioii. The recent demonslrations of the popular will clearly point to this duty on the part of our national rulers, iis one demand- ing ])rompt and efficient action; and \\c have aright to expect, tliat those who pi'ofess obedi(Mice to the popular will, as a car- dinal princij)lo of action, will follow without hesitation the course demaiidefl by the \()ice of the people. In the course of untoward events, occmring under the mi- fortunate system jiursued, a general suspension of specie re- demption by the lianks was almost simultaneously adopted in the dillerent States in the month of May last, and such suspen- sion has been coniimied until this time. The course was, in New Kngland at least, unprecedented, and can oidy be justified by stern necessity, and the intention and hope ol' pre\ euting irreater evils and more extensive em- barrassments, which would be likely to result from any other course. It has produced a stale of things which ought not to exist dinid the can c are any , (lissolv- np; (iflicer cxcciitivo :o as (hey ciirroiicy. 1 will be iis<'iil to a (1 distress to siistniii » tlic peo- •w than to )iir lathois 'ailiiiij; ob- 0, and thf tlicy sub- inu'iit and ) currency ts officers, as clinirly ■.neral gov- d to adopt ore to us a r welcome d since its jarly point e demand- to expect, , as a car- it alion tiie er the un- specic re- adopted in ich snspen- cedented, le intention ensive em- any other lot to exist one moment lonj;er than such necessity exists — and the 'Janits siionld he re(|nired to resume specie payments at the earliest monuMit that it can he dont; consistently with the best interests of the \vlK)Ie |)coplc. An irredeemable pajxr currency is justly obnoxious to the comnuniity, and can b(! but temporarily endured as a choice ol evds. The oidy paper currency which can or ouirhl to I'lnd la- vor is one based upon the precious melals, convertible, at the will of the holder, into irold and silver, without hindrance or delay. Th(> present >talr of the Hanks, !ind the ])(M'uliar relation they now sustain to the connuunity, call for a watchful '^uard, and strict investifiation into their means and modes of condtui- ing business, lint in addition to the confidence the public justly feel in the inleiirity and capacity of those who adminis- ter their all'airs, we ha\ (! a strontj liuaranlee of safety in th«' provision which, to a certain extent, holds indi\ idiial pro|>erty liable for the debts and ])romises o( the corporation. Hat at all limes, and especially in tlw; present aspect ot af- lairs, the Hanks must expect, what the people have a right to demand, that the constituted guardians of the public interests will carefully inv(\siiirat(^ and fearlessly adopt all measur<'s deem- ed necessary to bririS!; the present unfortunate; cours(^ to an end, and restore again the former salt; and satisfactory modes of eon- tlueting their all'airs. Jt cannot, J think, ho expected that the Legislature; will le- galize by statute the suspension, or release the liaiiks from their legal obligations to th(!ir creditors, as such a course, 1 i)pj)re- hend, would be unconstitutional and inexpedient ; or, that on the other hand, it will take advantage of i. state of thirms so extraordinary, unprecedented, 'iind unex[)ected, to declare their (barters forfeited. The forbearance^ of the people, and the creditors of the Hanks, detnonstrates that they regard the course pursued, if not with favor, at least with forbearance, and there can belittle danger of vexation or injury to these institutions, so long as the people are satisfied that tlu^y are acting upon honorable prinri- ples, and with a sincere desire to redeem their notes as soon as circumstances will justify the resum[)tion of specie payments. Tbo condition and operations of the IJanks, during the reccfit difiiculties, will be laid bej'ore you in the monthly returns, and the J{eport of the Hank ('onnnissioners ; and from these you vnn judge whether, in any instant e, there has been a want of care, and circumspection, and caution, in their management, or any evidence of a design to imj)rove their temporary r»>lease. 8 I h to issun bills Ixjyond llieir avJiilaliic means. Sui-li a coiirso would <1<'S(MV(' must |)oiiii(>d aiiiinadviMsioii, and uoo'd Ix; u j(i.i( caiiso for tin; rorrcilunM)!' tlnjir chartcMcd i'ii;;lits. H" tlic j)rcs- ont sfat<' olaliairs is to (onliniio, I siilimit lo your considcratioii tlir expediency of a lull invc^stiiialion of tlu; subjeel, and llie enaelmeni of sueli laws as may Ix' necessary, in addition to ilie flxistint:; Statutes, to prevent that worst of all financial evils, an irrediM Miahle cmrency ; in wliicli the jieople have no confidencie, and w'iiieh may daily sink in puhlic estimation, and in market value. It would be iufniitely better to sull'er all the mils of a eurroney insullicicMt in amount to meet our wants, than to sei'/(! upon such a temiiorary relief, which nnist result in linal fraud and ruin. It is a (piestion deservin;; your considcMation, whethe-r any Hank should divide any part of its profits, or means, durinif, the suspension of specie payments. It would seem the dictate-' of prudence, as well as justice, when, from any caus(>, an indi- vidual or corporation suspends payment, that ail means should he faithfully and scrupulously husbanded, to meet eventual lia- i)ilities. Ill makiiif:; these remarks, I trust I shall not bo» con- sid(!red as insiiiuatinti; any thing aj:;ainst the character of tiios*^ who conduct our banking institutions. I believi; that an en- lii^htonol "self interest, and a hit:h sense of their obligations to the IJanks and to the i)ublic, and strict moral integrity, have led, and will still lead them, to act with reference to eventual redemption, and to preparations for the event. IJut the rights and interests of tix; public are first to be regarded and seeureMJ, and honest men will not object even to strict regulations, when the riglits of a whole people are in cpiestion. In the present state of all'airs, it is not ]nobai>le, that any new bank charters will be asked for, but I cannot forbear the ri'inark, that the multii)lication of small local banks seem'; to be inoxjj'edifjnt and unwise; and that if a consolidation of the ex- isting banks, by which the number should be reduced but the capital not diminished, could Ix; ell'ected, by the consent of the corporations, the public; good would be promoted by having in- slituiioiis which would not be sensibly aHected by small or tri- lling causes, and so located and conducted as to accommodate the conunercial community. The chimerical and Utopian no- tion, that the vast and extending business of a public so full of enterprise, vigor and zeal as the American nation, can be car- ried on in a currency of gold and silver only, is now, 1 believe, exploded. The authors of such a propo-ition can never be regarded as safe counsellors or j)ractical statesmen. The his- •ory of the whole commereial world refutes the j)roposition, iiid the only wonder is that any n)an should have proposed such Hi a jii.sl ic |)ros- (Icratioii iiiid tlit> 111 to ill*; (!vils, iin i(i(l('nc«', iiiarkhitors would seem to In* plain, to lake care that, as far as pos.siblc, it should he iiotli sale and (onvenienl, and sidtjtu-t to us few (liiciuations or cliaiii>;es as practicable. 'I'he law which foihids the issuing, or passing, or recei\ int; hills (jf a les> di'nomination lliaii li\(> dollars, which originated in lilt! expresscul hope tliiit iherchy the precious metals would lake tilt! pla(;e of (hose bills in f;eneral circulation, has been found by 'Xperit'iicr to he iiicniciciil nm] powerless, exct'|)i in ils operation upon oin- own banks. The bill> of banks of oth- er Stales have taken place of our own bills, and it is an admit- ted ffiid undoubted fact, that the law, so far as concerns in- dividuals, is disrci^arded in praclir-c. The almost absolute ne- eessil} of haviiiii a medium of exchange of sinalhu' value than five dollars, and the withdrawal of specie from cir( illation, has probably led the people to this optMi disrctj;ard of a statute of our StaUi. Such a result is much to be deprecated, as obedi- ence! to law is cardinal \ irUu' in a Republic, and a disr(!ii;ard ot oiH" law however obnoxious, serves to weaken the rever- ence ior the whole code. IJut it is manifest that the object proposed, th(! iniroduction of uohl and silver into tin; circula- tion of the country, in placi! of small bills, ean im\ (ir be (iU'ect- ed but by the etjiicert of ilie several adjoining; States, the hills of whose banks circulaU^ in each, ami that our present restrain- iiii; law only compels this State to pay a hu<;(! annual interest to the banks of other Stales, and deprives our own banks of the privilei;e of sn|)plyinti!; the eir(Milation. It would setun to be expi'dienl to repeal the existing law, and wait for calmer limes, and more mature deliberation, and mutual concert of sis- ter Slates, before attempting to ellect the object, which to many is still desirable. The Slate, whose interests are cntrusteil tcm|)orarily to us, is rich in resources alread} discovered, and we have reason to believe is still richer in those undiscovered, or undeveloped. With a sea coast and harbors unrivalled in extent and capacity, with a tonnage second to dial of but two other States in the L nioii, with a hardy race of unecpialled seaman, shrinking from no toil or danger, but prompt in action {>nd ready in every emergency — sustained and fostered by the intelligence, capaci- ty and enterprise of our commercial and mercantile communi- ty, Maine may justly rejoice in her maritime character and ca- pacity. In our exhaustible quarries of granite, slate, lime rock, and beds of iron ore, we have sources of employment 10 y for our vessels, and wealth for our eitizens, and even the solid ice ot onr nfrtherii elimate is convcMted into an article of eom- iiierce. 'Viie immense forests of pine, and other valuable tim- ber, witliin tin; rightful limits of this State, are justly refj;arded as of immense and unquestionable value, for from them must be drawn the supply for a lar2;(> part of the Union, and the demand must steadily and permanently increase. Temporiiry embarrass- ments or fluctuations m.y produce a check in the sale, or a distrust of the real value. FJut whoever calndy considers, and carefully and deliberately calculates the cost and charges and the ultimate value of manufactured lumber, must be satisfied that there is no safer investment, at reasonable ])rices, corres- ponding with ^uch estimates, than in timl/cr lands, situated up- on or near navigable waters. 'I'lie value of such lands yet un- sold and belonging to this State, is very great, and with pru- dent management and foresight on the part of I^egislators may yet yield a revenue siiflicient for all our wants. JJut whether the title to the lands is in tiie State or in individuals, we have wiihin our borders this source of wealth and profit, and it be- comes us to protect and cherish it. In th(! developement of the resources of our Slate by measures of internal improve- ment, the improvement of the navigation of the rivers, lakes and streams, through which lumber is transported to market, claims early attention. I liave bc(>n informed by j)ractical and judicious men, that l)y an economical expenditiu'e of small sums of money in clearing those streams and erecting dams, a vast amount of our best timber, which is now almost valueless, may be easily and safely transported to market. If, upon investi- gation, facts should sustain these opinions, it is deserving your consideration whether justice and expediency do not authorise you, as Legislators and t^uardians of the interests of Maine, to aid in the prosecution of such undertakiiiiis. The State is yet the [)rincipal owner of the lands to be benefited, and in a mere pecuniary view it would seem good policy to encourage and aid in these improvements, as adding innuediatc^ly and visibly to the market value of our timber lands, and e\('ntually to an in- crease of our receipts into the Treasury, front the sale of those lands, much beyond the amount expended. TIkj more liberal and extended view, which looks to the dtn elopement of all om* resources, and to the advancement of j)ubli(' interests, with those of individuals, by decided action, will retiiard such opera- tions as an encouraging rommencement ot" a system of internal improvcMnents, which shall hereafter bring iiilo vigorous and successful action the powers and capacities of our State and its citizens. If Maine is ever to take and to hold the rank she is 11 tie, to is yet mere nd aid ily to an in- tliope ihoral all our with tpcra- itcnml IS and and its she is entitled to, by lior natural resources, her abundant means ntul her undouliled capabilities, we nuist unit(,'dly and \ itrorously and ))romittly follow the example of our sister Slates, by a well considered and judicious system of internal improvements, adoptefl without sectional partiality, or the bias of individual in- terests. The limes are not perha|)s at this moment jjropilious, but a e;reat and strono; people cannot long remain disheartened, or subdued, by calamity, or misgovernmenl, and the time can- not be far distant, when Maine, if her TiCgislators are wis(>, will awake to her true and permanent interests, and po forward in this great work, the developement of her abundant resoiu'ces. It is time to hes^in the work, even if our jilcans are limited, and onrmeans circumscribed. It lias lonii been a source of f(ir earlier hfe, certainly deserve all the aid and encouragement whieli can be justly extended to them. They have obstacles, and difliculties, and discouragements enough to subdue any thing but Yankee enterprise and detiMiui- natiou, and surely we ougiit not to add neglect or inditi'erence to their claims, on the ])art of government. The fertility of the d part of our territory, is placed l)eyond a doubt, by recent (explorations and examina- tions, and strong inducements are there held out to emigrants to locate, with the almost certain assurance of eventual inde- pendence. It surely needs no extended argument to |)rove, tiiat, in every point of view, our first duty is to encourage the settlement of that territory. TiCt the lands not already located, be located in conveniently small tracts. liCt them be offered to actual settlers only, at a low price. Tjct the State retain the title, until settling duties are performed, and take great care that the actual settler has the fruit of his labor ; and let that price, when necessary, be expended in labor on the highways, or other improvements. Let roads be opened to accommodate the settlers, and, wliat is more than all, let the settlers feel an assurance, that the State is their friend, not in word only, but in deed, and will aid and protect them in their arduous strug- gles, and we shall find no want of men to peopb; our territory. Our ititerests as mere land holders would prompt to liberali- ty in aiding, with regard to building roads, and other improve- ments, to bring the laud into use, and a higher and more ex- tended policy points to th(> sann; course of action. The road already commenced, leading to the Aroostook, is important in many respects, and the settlement of that tract is an object of paramount importance to the strength and security of our State. I commend the subject to your attention, confident that a work which promises so much of good to the best interests of the State will not be suffered to languish. Frecjucnt changes in existiuir laws is an evil of great magni- tude, and should never be encouraged for light or transient cau- ses, or temporary inconveniencies. Certainty and stability are, in matters of positive enactment, fr(>f]uently of more inijiortanci; than the form or requirements of tlie rule, and society often suffers more from the doubt and uncertainty introduced by al- terations and additions, which are assumed to be improvements, than by the casual and individual hurdsh'^is of the former law. But when manifest injustice and general embarrassment result from M» •t of 13 the operation of any Statute or law, it is tlio duty of wiso legis- lators to abolish, or remodel it. 1 submit to your consideration the exi)ediency of so aniendinsj; the law relative to the atiaeh- ment of ri;al estate, as to abolish the system of private attach- ments; by rc(|uiring all such attarlimcnts to be recorded in the registry of deeds lor the County, or with the town clerk of the town where the land is situated, and also requiring that all ex- isting attaehuKMits, in oriler to be valid from the time they were made, shall also be so recorded within a sj)eci(ied time. J am aware that there are some considerations of conven- ience in favor of the existing law; but the manifest evils of the system seem to mo far to outweigh them all. Secrecy is not to be fa\ored in a rej)ublican government, and our whole sys- tem and course of legislation, in reference particularly to the title to real estate, is at variance with this feature. Our regis- tries of deeds arc established for the very i)urpose of giving public notoriety of title, and to enable any man, by ins])ection, to asi (utain the existing facts. IJut the title may be perfect upon record, and the purchaser, relying upon that record, may lose his money and his title, by reason of some secret and un- known attachment before the purchase. The general convic- tion of this fact operates to embarrass negotiations in real estate "without benefit to any one, and defeats, in a great measure, the intended benefits of our system of registry. "J'he many recent examples of the assumption of power to piniish or prevent assumed evils, by lawless and unrestrained bodies of men, self constituted and self authorised, have given fearful evidence of a spirit gaining strength in the connniinity, at war with the very elementary principles and only safeguards of our institutions. The will of the [)eoj)le is the supreme law ; but it is that will constitutionally expressed and lawfully executed. The majority must govern — but they nuist govern by standing laws, ecpial in their operjition and general in their exactions, and en- acted by a majority of the whole people, and not by the sud- den determination of an accidental assemblage. Theoretically and strictly speaking, according to our system, a law should be the expressed will of every individual citi/en. Jiut, in fact, the only i)raclicable theory is that which authorises the major- ity to govern. It is evident that, under such a government, the grctt .secu- rity for the rights of a minority is found in the j)rovisioi).i of the fundamental law, and the enactment and ex(!cutit)n of gen- eral laws, reaching all and binding all, well considered and (olni- ly adopted and judicially administered. 14 la Constifntionul law is llu; Ijroad and amplo sliiold under which a wholi- >)ooj)lc rest in security and jjcace. Like the alnio.s- pliere in wliicli we move, it presses willi immense, but equal and balanced power, to sustain the body j)oliiic. It protects the infant in its cradle, and the magistrate in the seat of justice. It f^ives the consciousness of secuirity and safety to the unarm- ed and the peaceful, and is more than bolts and bars in guard- ing every man's castle — his own domestic hearth. 'J' he weak fear not the strength of the powerful, , and our riglits, and tiie grounds upon which they rest, have been ably tnaintained, and clearly set forth, in our formal documents and informal discussions. 1 will not trespai:s needlessly upon your time and patience by a recapitulation. Jf there is any meaning in plain language, and any binding force in treaty engagements, if recognition and acquiescence for a long series of years on the part of (Jreat Britain in one uniform expression and construction of the boundaries of her Provinces of Canada and Nova Scotia, is of any weight, then the right of Maine to the territory in dispute, is as dear and unquestionable as to the spot upon which we now stand. It requires indeed the exercise of charity to reconcile the claim now made by (rreat Britain with her pro- fessions of strict integrity and high sense of justice in her dealings with other nations; for it is a claim of very recent origin, growing from an admitted right in us, and proceeding, first, to a request to vary our acknowledged line for an equiva- lent, and then, upon a denial, to a wavering doubt, and from thence, to an absolute claim. [t has required, and still requires, all the talents of her Statesmen, and skill of her diplomatists, to render tliat obscure and indefinite, which is clear and unambiguous. I cannot for a moment doubt, that if the same question should arise in pri- vate life, in relation to the boundaries of two adjacent farms, with the same evidence and the same arguments, it would be decided by any court, in any civilized country, without hesita- tion or doubt, according to our claim. litit (Jreat Brit.'un was anxious for a direct communication between her Provinces. She sought it first as a favor and a gr.tnt. She now demands about one third part of our territory as her right. The pertinacity and apparent earnestness and confidence with which this claim is urged, in the very face of the reaty, and the facts bearing upon the question, have been increased, I fear, by the probably unexpected forbearance, if not favOr, i ^ and 01 the pa tlie ti But there since the trii head o nortJi I Nova cuthon We the hei ^t. La tain its marks We northw( of land 17 of her jsciire inot for in pri- farms, iild be lesita- fidenc6 reaty, reasfed, favor, with which thoy havo hcvn rcrcivrd and treated by the Aiiht- icati aulhoritios. It ran liiirdly ho a rnJittcr of siu p.isc that the claim is pressed upon ns, when, in-tead of stainlin:: upon the treaty — pUiin dcfinile and capahle of execution as a manifestly is, our own f;,eneral •;<•• ernment has volui\taril\ snt:i:t'sted a variation of that line, ct^rtainly in their favor, by ruiiniu'i: west of the due north line! of the treaty, and there to seek the hisj;!)- lands; thus yieldinti n|) the slartinu; point, th(; northwest an^le of Nova Setnia, and tlirowina; the; whole matter into uncertainty and confusion. tOriunately for us, the lOniriisli netrotiaiors, thinkina;, probal)lyi that a nation wliich would yield so much, would prohahly yield more, declined the proposition, unless other concessions weie made. 'The remarkable adjudication made by the arbiter, selected under the treaty, resullin;; merely in advice, the movement on the part of Maine, in 1832, in the ne2;otiation in relation to yieldioi^ up the territory for an ecpiiv- alent, the apparent apathy and inrliHereiice of the <;e!ieral 4;overnment to the encroachiu!^ jurisdiction by New lirnn^wick, her unopposed establishment of a wardensliip over the territory — the rej)eated incarceration of the citizens of Afaine, for acts done on tliis hor territory, almost without a murmur of disap- probation or remonstrance, and the delay of the I'resident to run the lino as authorised by C^onc;ress, have all, 1 fear, served to streni^lhen and encourage the claim, which was first put forth with doubt and ari!,ued with many uns^ivins;s. Tlie commission and ari)itration und(U" treaty having; failed, And our idtra liberal oilers beins; either declined or nea^lected, the parlies are turned back to their rights and their limits under tlic treaties of l7So and 1814. But in truth, tho only question in dispute, or about which there was any dilfercnce between the two governments, until since thci last war and the last tn>aty. w a- as to which river was the true St. Croix of the treaty. 'J'liis being settled, and its head or source fixed, (as it has beeii^ the iine is to run due north to the south line of Canada, and the northwest angle of Nova kScotia. That lint should ht run witkoul tlchuj^ as- authorised by Cons^ress. We want the information and the facts; we wish to examine the heighth of land which divides the waters flowing into the St. Lawrence, from those running into the Atlantic, and ascer- tain its elevation and character. We wish to have our land- marks placed on our exterior limits, and maintain our own. We wish to test the truth of the assertion, that there; is no northwest angle of Nova Scotia, and no such dividing heighth of land as the treaty contemplates, by a correct and scientific I ll 18 cxaiiiiiialioii on \hr. Uwr. of ilii? o:irtli. Siircly rit^hls of e\iiiiii- Miiiion, wliicii are socincd lo individual claiinants, uro not to bo Ui;ni(.{l lo Sovereign States. Hnr situation in relation to tliis (|iiestion, ouinsz; to the peeii- l:>ir nature ol unr government and institutions, is interestiiiii;, viewed eitlier with referenee to tlie f()reiu;ii power witli whicrli we are at issue, or our own general ijoverinnenl. ( hir ri^lit and title, clear und (X'rfect as we helieve tlieni to he, are, it nuisl lie admitted, subjects of dispute, and the lirst and threat (luestiou is, how is this dispute to he settled ? The line (lisj)n- led is tlie Mastern houndaiy of the I'nited States, ami of the Slate ol iVlaine. The general i^overinnent is the only ])ower wliicii hy the constitution can treat with a iorei;j;n government, or be acknowledged nv known hy that government, in nei^^oti- arions. .Maine atknowlcdges tiu! ritlht of the general goveni- niont to estahlish the line, according to the terms of the treaty of 178.), and claims a performance of that duly without delay, iiut w liilst she concedes that power, she insists with equal con- lidence upon the position, that no variation of the treaty line, no cession of any pari «)f our t(>rritory, and no conventional line can be granted or adopted, without the consent of this State. Whatever territory is included within the line running from tlic liorthwest ai;gle of iXova Scotia westwardly along the high- lands which divide those rivers that empty themselves into the St. J^awrence, from those which fall into the Atlantic ocean, to the northweslernmost head of the ( Connecticut river, and the line running directly south from said angle to the establish- ed source of the river St. ('roix, is within the State of Maine. i( there is a disjjute as to the location of that angle, and those lines — that question, and that question only, is to be settled by the general government. In making this assertion, we do not more distinctly acknow- ledge a |)ower, than claim the |)erforinance of a duty. In the nrst sentence of the Constitution of the I Miited States, one of the imporlant objects in the formation of that constitution, as there expressed, is, "■ to provide for the common defence," and tiiis duty is afterwards in the same instrutneni, more spe- cifically pointed out in the provirjon, that "• The United States shall guarantee to every State in this I'liion a republican form of government, and shall protect each of them against invasion." Ihuhn* that constitution, the exercise of certain rights was de- nied to the States; all not expressly taken away were reserved to the States — and certni ; new rights were created. Foremost, and nH)si iiiiiH)rtant, of those newly created State I 10 hI by inow- ihe lie of as nee," spe- (latcs form jion." i de- irved State rights, is the riglit, on the part of each State, to (leuiiind the aid of all, by the aetion of the general government, whenever iuiy foreign power interferes witii the territorial rights of such State. No State is to he left to defend its soil and maintain its just rights single handed and alone, — to engage in border skirm- ishes and parti/an warfare, and sustain tiiat warfare at its own exjiense. It is the dui}' of a State to eliiiin and assert its rights to ju- risdietion, and it is the duty of the general governinent to pro- tect and niaintnin them, if just and well founded. Tiie ack- nowledgement of this Stat(! rigiit to jirotection is particnIarK' important to Maine, environed by foreign territory, and form- ing a frontier State in the I nion. ])enie(l the ))ower to nego- tiate with foreign governments, or to (hiclare and carry on war in defence of her rights, this StaK; can call, in a strong voici-, upon that government to which has been delegated those high powers, for protection in tin; exercise of her jurisdictional rights Perfect unity of purpose and frankness in disclosures ontrlit to characterize all intercourse between the State and National Governments, on this topic. No course is so well calculated to lead to distrust and embarrassment, and to inspire confidenc;' in the opposing claimants, as diplomatic evasions and jarring and discordant corresjiondence. We would use no threats of disunion or resistance. We trust that it will never be neces- sary for a State to assume a hostile attitude, or threatening lan- guage, to enforce practically its claims to protection. But Maine has a right to know, fully and explicitly, the opinion and determination of the general government, and whe- ther she is to be protected, or left to struggle alone and un- aided. I see little to hope from the forbearance or action of the British government. Their policy, it is apparent, is to delay a settlement of the question, and to extend their actual jurisdiction over the territory, that it may ripen into a right, or at least, in future controversies give them the advfuitage of possession. The loose and extremely nndefined jurisdiction over the small French settlement at Madawaska, has been the foundation of a claim to actual jurisdiction, and the establishmeut of war- dcnship over the whole territory. In pursuance of this plan and policy, they have seized, at various times, heretofore, American citizens, and thrust diein into prison, for alleged oftences, — and during the past season, the Lieut. Governor of New Brunswick has visited the territory in person, and receiv- ed the loyal assurance of such of its inhabitants as were ready 30 li to acknowledge ilioir Jillcgiaiico. A citizoii of our State, Kb- cne/er S. (lietly, now lies imprisoned at Frederirlon, sei- zed, as il is said, for exercising power delegated to him nndcr a I;i\v of this State. The farts connerted with this arrest, are unknown to me, and I therefore forbear to coinnjent at this lime upon them. If the tacts are, thai he was so seized, for such a lawful act, the dignilv and sovereignty of the State and Nation demand his immediate; release. r am awar(! tiiat wo ar(; met by the assertiou that the parties have agreed to permit the actual jurisdiction to r(;main, pending the negotiation, as it existed before. 1 have yet seen no evi- dence that sncli an agreenuMit was ever formally entered into l)y the parties. lint certainly Maine was no party to such {in understanding, and at all events it could never have been in- tended to he perpetually binding, or to extend beyond the ter- tnination of the then |)ending negotiation. 'JMiat negotiation is ended. 'I"he old ground of ciaiu) at ^fars Hill is abandoned ; a new allegation i.. made — that the treaty caiuiot be executed, and must he laid aside. Jn the mean time this wardenship is established, and the claim to absolute jurisdiction, not merely at Madawaska, but over the whole territory north, is asserted and enforccul. If this jurisdiction is to he tolerated and acquiesced in in- definitely, we can easily sec why negotiation lags, and two years elapse belween a proposition and the rejjly. They have all they want, and the jurisdiction is claimed by them so absolutely that wo cannot s(Mid an agent to number the peo})le, and nuist hesitate before the disputed line can be run, to fix our limits and ascertain important facts. The first duty of Maine, as it seems to me, is to claim the immediate action of the (General (Jovernment, to move effi- ciently and decidedly, to bring the controversy to a conclusion. We have had years of negotiation, and we arc told that we are apparently no nearer to a termination than i t the commence- ment. Maine has waited with most exemplary patience, until even her large stock is almost exhausted. She has no disposition to embarrass the action of the Gen- eral Government, but she asks that some action be had — some movement made with a determined purpose to end the contro- versy. She cannot fpiietly submit to have her territory wrested from her, her citizens imprisoned, her territorial jurisdiction annihi- lated, and her rights lost by the bold and persevering and un- opposed claims of a foreign power. She cannot consent to be 31 Icfl iiloiK' in tlic controversy, or lo lie left in doiihl us to tlie aitt or coMiitcnancc >iii' niiiy recciNc iVoni tlii> iiiitiiorilii'.-i of tlu? Union, ill nKiiMtiiiniiiu. her ncknow I(m1i:(mI riuilits. Slic iisks the (|ui(M ;in(l nn(li>turl)('(l possession of licr tcrritci y. ii'-cordint^ to the trcaly, and that Con^iLrn and iii!; M-ivc posses- i.)ii he jail an end to; and hy lhi< claim >he v, ill al)id;-. She will do nolhinii rashly, iiiul iiulnl!j;o in no s|)irit of nullilication ; and it will not be nnill all hope ol" setlhni: tiie vexed (piestion l)y nciiotiation, and ail re(pic>is for other aid aie denietl or nei^h'cted, that she will throw her-elf entireiv upon her own resources, and main- tain, unaided and alone, her just ri;tlits, in the determined spir- it ol" injured freemen. l?ut those riiiiits must he vindicated and maintain! d ; and if all a|>peals for aid and protection are in vain, and hei' constiiutional rie to 1)(> a virtue — and, in the lanu;uaiie of the lament- ed Lincoln, Maine may l)e "compelled to d(>liherale on an al- ternati\(' which will test the strictness of Ikm- princi|)les and the fuinnc'-^s of her temper. " The recent movement in Congress by one of our Representatives — sustained as we may confident- ly trust l)y his eollcairues, gives some encouragement to liopc that the day for decisive action is at hand. 'I'o yf)u — -delegated guardians of the people's rights — [ sub- mit these remarks, and to you I leave the consideration of this momentous subject, confident you will not yield to an unjust claim, or jeopardize om- rights b\- delay in asserting them. ft is for you to say, upon mature reHeeticn, whether, in s[)eaking in the name of Maine, \ have excecdiMl the bounds of |)ru- dence, or niistakcMi the feelings of the people. 1 cont'ess that my eon\ ictions are strong that Maine has been wronged l)y a foreign government, and neglected by oin" own — and 1 do not understand the diplomatic art of softening the expression of unpalalalj'e truths. I can only assure you that I shall most cheerfully co-operate in maintaining our rights to protection in the exercise of our rightful jurisdiction. The remains of the only deceased (iovernor of ^^aine, Enoch Lincoln, are deposited on the public grounds, "with- out a stone to mark the spot," or to express respect for his memory. Althouiih we, as a people, are in )irincij)le oppo'-^ed to mere magnificent dis[)lay or useless ornament, yet, under the peculiar circumstances of the case, some memorial, simple as bis character and solid as his fame — erected l)y the State he served, and whose rights he maintained with honest zeal fuul unshaken fidelity, and in whose service he died — would l)e but a meet testimonial to the memorv of that honest man and faith- ful magistrate. Il 22 [t is |irovi(l(!(l in llic ( "oiislitiiiioii of iho Tliiitcul Slates (Ar- tirlc 4, Sec. ;}) tiiat '^'iio iiersoii held to service or labor in uiu! State, iin(lt!r llie laws ihcreof. escapiiiii into aiiollier, shall, in ronse(|tiencc ol" any law or rcmilalion ihiTciii, In' (lischart^ed from such service or lahor, hiil shall he; dclivert'd up on rl.iini of (he party to ulioiu such service or lahor may he din*." However strouirly we may disa|)pro\(' the system here al- luded l(t, and desire to see il aholi>lifd hy leiral and conslilu- lional nutans, \\r art; hound lo carry this provision inio full ef- fect, in perfect uood laiih and with a sincere desir(! to maimain and oh>erve the pro\ i.sion of ihi; compact. IJut the person claimed under this section, if a resident within our Stale, has I learly a rii^ht to demand that the fact alleged should he le^ally proved, before^ he shall he deli\er(>d n|i lo the claimaHt. The personal liherly of every man who treads our soil, and hreatl'.es oin- air, is sacred, and not to he infrinmul, '•*• but by judgment of his peers, or the lav. of the land." A mere (daim, or informal produciion of allctred jind a|ipar(Milly suHicienl ev- idence, would atitli(/rise the seizure or removal of inanimate property, by le^al authority, and surely, the most Iriendless of human beint's has a ri hii:;h seas, belongs to the seneral fiovernment, and the calls of justice and humanity, demandiiiii; vif;,orous and decided action, we trust will not be nci;lected by Congress, ft is dcscrvins; your consideration, whether, in aid, or antIci[)ation of such le<;;islation, it may not expedient for the Slates lo act upon tla^ subj(.'ct, where it is exclusively within tli(,'ir jurisdiction, and providi' for llie pun- ishment, as a criminal oiibiuler, of (nery master, enii;ineer or person in chari^e, throus^h whose carelessness or want of due attention, any person or j)ersons shall be injured in steanj boats or rail road cars, — and subjectiiii^ owners, to heavy ])enalties, in )f case 01 sucJi acci idents. or for entrustino; such ''esscls, or cars, or engines, to the care or control of improper persons. The public, from necessity, trust implicitly to he good faith 23 ami capacity of llicsi' miimi, titui wIhmi i||(> ('ii)ii(iity ol "^'iiin. rr tin? iK'nIij^fiico ill' iiidill'i rnici', leads to latiil results, it is jtist t«» liuM tlit> iitilliors (if siicli evils aiiieiiaMe a^ eiii)iii)al ollcii(ler.>' TIk; a;;rieiiltiiial iiilercst is one ol ureal iiii|H)rlaii('e. atnl claims, willi jiisliec!, ilie attc'iilion ol the tioveniment. .Vl- tli()iii!;li this iiitei'i si is of parainotiiit iii)|>()i'taii( c to our sireiif.Mh and iiide|»('iideiiee, it is iiii(|rir>ti()n;ililv true, that it lias demajid- ed and received less direct aid iViiin lei;isliiliitu than any other. OiM' farmers have asked oiilv t(» he protected in ihi-ir liiu ml possessions, and the (|uiet enjoyment of ihe'r own ri'thts. Rjit it has lonu; heen ajtparent to the most superficial ohserver, that the at^riciihnral re>oiii('es oi" onr Stiile have pe\cr\»'t heeii faii- ly and fully tested; and that we need only the ex|)erimenT t(» cieiiK nslrale, that Maine may hecome one of tlu^ first jiraiu jj;ro\vini; States, and not merely supply ei'ouj;ii for hor own consumption, hiit export a liU'^e surplus. Providence has in a i^reai measure compensated for the cold- ness of our climale, iiid the shoiine-^i ;jf our season'^, hy tiic rapidity of ve!,elition, and uc have only to learn to adapt our crops to the nature of our soil and climate, and wo need nsult not so much from a defect in the system as from the want of a sufilcient nund)er of judges to discharge the duties of the department. I suhmit, howc, er, the whole sul)jeurv A short time since, as we all rei nem- ils of her, our legislators were uevismg scliemes to avoni the evi redundant means and useless receipts. The [ilan of dividing the surplus amongst the States, was proposed and adopted, in the form oi' a deiiosil, and the Stiites received three ]iarts of the promi-ed dei)(isi!, when the financial difliculties and emharrass- nieiits into which we w.-'e plunged, were;, in the o|)ini()n of a nuijonlv oi (_ oniijress, sullicHMit to autiiorise Hi nil tl lem to di S3 ap- point the ex))ectations, and fiiistratc llie ])hms of the St'.'tes, by postponing the payment of ihe fourlli instalment until the vear 1839. We may then expect to receive it, unless the embar- rassments of the Treasury continue and increase, and the mo- ney is wanted to sup]»ly deficits or losses, incurred in our ucw financial schemes of keeping lh(> public treasures. The law of this Stale passed last year, auihorisiiig a deposit ol this surphis \vilh Ihe several towns and planlnlions, in pro- portion to their population, has given rise to much discussion I roh Th ed phl5 the; taxt rati moi yea man or c the port omi eael his just tion, nual 25 relative to the justice and oxpodienry of some of its provisions The resuicti( n of that law, '' That any city, town, or organiz- ed plantation is authorised to appropriate its portion of the sur- plus revenue, or any part thcrooi', for the same purposes that they have a ria;ht to any monies acrruing in the treasury from taxation, "has been much oj)p()sod, and it is deserving; of conside- ration, whether it outcht not to be repealed. The use of that money for the ordinary expenses of a town, for the crrren* year, in lieu of taxes, is to my mind, upon mature reflection, manifestly unjust, whether we rccard the money as an absolute or conditional de])Osit. The op.-ration of such disposition of the money, is manifestly to divide it among; the people in pro- portion to their property. If the usual taxes ^J" a year are omitted in consequence of the receipt of this surplus money, each individual citizen, in fact, receives an amount equal to his annual tax. A distribution per capita is certainly more just than any other. Another plan, worthy of considera- tion, is, for each town to invest this money in a fund, the an- nual interest of which sliall be appropriated to the support of primary schools, without releasing towns, in any degree, from tlieir legal obligations, to raise the sum now required for their support. Such a disposition would secure, in a great degree, an equal division of the money. If, however, the restriction is repealed, the inhabitants of each town can decide for them- selves, the question of appropriation. The (geological survey of the tState, which has been com- menced