MESSAGE '' '' $ OF GOVERNOR AARON V. BROWN TO THE Silt': '' TENNESSEE LEGISLATURE, AT ITS OCTOBER SESSION, 1847. NASHVILLE. a . C . S n ET A.R D , rKINTEK, UNI ON OFFIC*. 1847. MESSAGE. Gentlemen of the Senate and of the House of Representatives: Assembled as you how are, as the representatives of the peo- pie, you cannot rfa.il to observe, in the circumstances which sur~ round you, increased cause of giatitude and reverence to that Supreme Being, who presides over the destinies of Nations. The two past years have been signalized by unnumbered blessings and benefits. The labor of the husbandman has been rowned with abundance, whilst fair and remunerating price* have been received for the rich productions of his fields; our commerce has been greatly increased, and our domestic indus¬ try of every variety has flourished in the most remarkable de¬ gree. Tranquility and good order have been maintained, and the supremacy of our laws acknowledged throughout all our bor¬ ders. In the full enjoyment of these blessings, to which may be add- od that of almost uninterrupted good health, the people of Ten¬ nessee have been steadily advancing in knowledge, in virtue, and indeed in all the elements of national greatness. It must be a pleasing duty to serve such a people, and a delightful task to add any thing valuable to the legislation of such a noble State. When the reports of the various branches or departments of the State Government shall have been made to you, I doubt not that you will find, that all the duties of them have been performed with a promptitude and fidelity in perfect harmony with the other pleasing circumstances under which you have assembled. The benevolent institutions of the State, (the Lunatic Asylum* and those for the education of the Blind, the Deaf, and the Dumb) will be found to have realized, in a good degree, the expectations of the public. They will, however, continue to appeal to the no¬ blest sympathies of our nature for still further advancement and promotion. The sale of the Lunatic Asylum and its location in the coun¬ try, for reasons which will be communicated in another forrti^ 4 have not been effected; and I recommend a reconsideration and amendment of the law directing its sale. During the past two years, I have many reasons to believe, that the institution has been well and faithfully managed, especially the female depart¬ ment of it, which has been superintended by a lady of singular energy, skill and ability for such a station. , From the Penitentiary, I anticipate a very satisfactory report to you. The convicts generally have been in the enjoyment of good health, and have manifested no spirit of rebellion or disobedience. The Keeper, his deputy and the other officers, having great skill and experience in such matters, seem to have blended the stern rigor of discipline with all the kindness, and humanity which such a situation will admit of. The greater portion of the efficient labor of the convicts, has been directed to the building ©fthe State Capitol, under the law directing it so to be done; a most beautiful edifice is slowly rising up, likely to attract the ad¬ miration of the country and to outstrip in magnitude, conve¬ nience, durability and elegance, the capitol of any other State inthc Union. I have no reason to recommend any change in this policy, nor any material ones in the details of the law on this subject. There is no subject upon which I desire to hold communion with you more freely than on that of Education. Our Universities and Colleges are, in the general, meeting the just expectations of their friends. Some new ones have beeii recently established in the State, founded chiefly, if not entirely, on the enlightened liberality of individuals, which promise soon to rival their older predecessors in the diffusion of a sound and wholesome intelligence.among the people. Among these it may not be considered invidious to mention the one at Lebanon, whose rising reputation gives fine promise of its future useful¬ ness to the State. Our county academies may also be said, in the general, to be doing well; but beside all these, we must have a full and com¬ plete system of common or primary schools, dispensing their ben¬ efits to all those whose means do not enable them to send off their •hildren to distant seminaries of learning. No system can be compared to this latter description of schools* They secure to the great mass of society an education, if not highly finished and polished, yet commensurate with the every day wants and necessities of the people. We should never re¬ lax our exertions on this subject until we could send the gratify¬ ing intelligence abroad, that not one native born son or daughter «f Tennessee could be found who could not read the Scriptures •F Divine Revelation, and likewise the laws and comjtitution of 5 the country.. How such a blessed andhappy result is to be ob¬ tained is a question constantly addressing-itself to the' friends of education throughout the land. That Legislature which shall he able to answer. it.«in.the establishment of such a system with adequate funds to support it, will have well entitled themselves to the gratitude of the present, and the blessings of future gen¬ erations. For the reasons formerly given by me to your immediate pre¬ decessors, I cannot recommend a present resort to taxation, until by some unequivocal expression of public sentiment, it is made manifest that such a measure would be cheerfully acquiesced in. However it might answer ,a valuable purpose,to authorize such counties, whose population might be willing to do so, to levy and collect a school fund,for their own county purposes, to be applied in the same manner as the other school funds furnished by the States and the propriety of such a law is respectfully submitted, both as to its constitutionality and expediency, to your, consideration. Such legislation should be carefully guarded both as to its amount and application. If but a few counties should set the example of self taxation for so noble an object, the beneficial effects resulting from it might open the way to its imitation by other counties, until public sentiment, although slowly and cautiously developed, might de¬ mand the measure as one of general policy, eminently calculated to improve the minds, and elevate the morals of the whole com¬ munity. . ; If, however, the wisdom of your honorable bodies should find insurmountable objections to this limited and experimental mode of eliciting, an expression of public opinion, I know of no better plan, than to husband the resources of the State Bank, and by establishing a sinking fund of adequate amount, finally absorb, our outstanding liabilities and leave the wdiole capital and funds of that institution amounting to several millions of dollars, as a permanent endowment of common schools. Taxation is therefore the immediate and direct mode of establishing the sys¬ tem. Through the agency of the bank is the more remote and contingent one, and the wisdom of the Legislature must decide between them, or devise a better one than either. With a mind fondly lingering oyer this subject, and unwilling to leave it, I beg permission to trouble you with another suggest tion in ai(j of those already made. We have no "Superintendant of Public Instruction." The ex¬ amples of other states, and the very nature and importance of the gubject would seem to rebuke the omission. Even if such aa officer were of temporary appointment, with no power over the funds, he might be of great advantage in rousing up and direct- 6 ihg the sleeping energies of our people. He should be a man •minent for his attainments in science, and for his devotion to the moral and intellectual welfare'of the rising generation. He should commune freely with the learned and the pious of the land. He should visit every county in the State!. He should or¬ ganize county committees of such zealous and patriotic citizens as might agree to visit the school districts of their respective counties, and by suitable appeals and lectures impart new vigor and energy to the present system. He should'excite the acting school commissioners of each county to renewed exertions in rais¬ ing and increasing the present school fund by voluntary individ¬ ual subscription. In short, such a man, by traversing the State, addressing his fellow citizens at suitable times and places, and finally reporting to the Legislature a full account of his labors, and the result of his best opinions, might well render a service to the cause of education, which would outweigh a thousand fold, the $1500 or $2000 which might be paid him. It cannot be neCessary in this communication to elaborate the duties and ad¬ vantages of such an officer, and I suggest fiis creation, because I earnestly desire you to do everything—I had almost said any thing—for the advancement of So great and so good a cause. The laudable anxiety exhibited by your predecessors to foster and encourage internal improvements in the State, gives assu¬ rance that that subject will engage much of your attention.— Through the agency of the committee (members of the Legisla¬ ture) appointed by the Legislature in 1843, and that of the com¬ missioner appointed at the last session, settlements have been made with the several internal improvement companies,'by which all difficulties in the intercourse between the State and the com¬ panies have been obviated, The solvent and insolvent compa¬ nies have been ascertained. With the former nothing remains; to be done, but to receive the dividends due' the State, semi-an¬ nually, on the first of January and July, Vhilst from the latter, nothing is'tobe expected. I therefore regard the continuance of a special agent as a mere collector of the State's dividends, as an unnecessary expense, as thO duty could be performed by the cashier of the Bank of Tennessee, of by the Treasurer of the State. The officers of all the companies from which the State Will receive dividends, reside in or so near to Nashville that the payments could be so made without trouble or difficulty. The cashier or treasurer, however, should be required to file state- agents with the comptroller exhibiting the receipts or disburse¬ ments df the' roads, together with the duplicate receipts of the cashier or treasurer for the inspection and approval of the inter¬ nal improvement board. ' The duty df collecting dividends du- *mg the last year has been performed by the Secretary of State, together With the other duties pertaining to his appointment as commissioner, which have now ceased, for which he was allow¬ ed five hundred dollars as an addition to his salary, the continu-* ance of which, I look upon as an unnecessary expense, as the there collection of dividends can be performed by the treasurer or cashier of the Bank without additional compensation. The completion of the Georgia railroad to Chattanooga, an event now soon to be expected, will constitute a new and impor¬ tant era in the Commercial and agricultural history of the east¬ ern portion of our State. It unlocks the door, which for so many years has been closed against the profitable exchange of her min¬ eral and agricultural productions with the other States, which eUrround her. If nothing more were done, her people might well exult in such a vast improvement in their condition. But the Hiwassee Railroad, extending, as it will, the benefits of this im¬ provement to a much higher point on the Tennessee, at Knoxville makes the completion of the whole line a niatter of intense, and almost vita! interest to the Whole of that large and inter¬ esting portion of the State. We have now good reason to ex¬ pect the completion of this latter portion of the road. The com¬ pany has been newly organized, its old liabilities have been,"to a'considerable extent discharged, and the present excellent "di- rectory have exhibited a laudable determination to push forward the work With vigor and earnestness. ^ Prom Knoxville if a well built McAdamised road extending in the proper direction to the Virginia line, could be constructed, ''and''the".principal obstructions in the Tennessee river could be removed to the flourishing village ot Kingsport, East Tennessee, reposing amid her lofty mountains, would be surpassed by no portion of our State in the abundant means of wealth and general prosperity. If these grand projects cannot be carried on successfully by individual capital and enterprise, it will devolve upon you! to determine whether any and how much assistance can be furnish-r ed by the State. The objects are of sufficient importance to en¬ gage in their behalf as full a share of State encouragement as her present liabilities and means would render prudent, and to this extent ! earnestly recommend the subject to your attention. In.middle' Tennessee we are every day receiving the richest rowhi'ds from many of the improvements already made. The eye strikes at once on the map and traces out the many great roads Stretching across the State, and centering at Nashville, a conve¬ nient point of the navigation °f Cumberland. So too, it 8 glances along another road striking from Columbia, situated iir the very heart of this middle region, and terminating on the Ten¬ nessee in its northern sweep through the State. Further north is to be seen a fine road coming in from Kentucky, terminating at Clarksville, and destined to contribute largely to the prosper¬ ity of a beautiful town now rapidly improving and bidding fair to become one of the most important commercial places in the State. Still the most superficial observer cannot fail to perceive the immense advantages to be derived by an extension of the Georgia road from Chattanooga to Nashville—advantages not to Chattanooga or Nashville alone, nor to the counties through which it would pass, but to almost every county in the Middle portion of the State. This truth is every day becoming more manifest, in the increased anxiety every where displayed in fa¬ vor of its construction. The corporation of Nashville has been authorized by the popular vote of the city, to subscribe for half a million of the Stock, and many individuals of acknowledged sa¬ gacity and shrewdness in all that relates to the profitable invest¬ ment of theil; funds, are known of, who intend to embark fVeely in the enterprise. In connection however with this work, the improvemement of the Cumberland ought not to be lost sight of. A charter to individuals for this purpose was granted at the last session of the General Assembly, singularly defective in some of its provisions. I earnestly recommend its supervision and amendment in such a manner as to insure the speedy removal of those obustrctions so detrimental to the commerce and trade of the middle portion of the State. When the Chattanooga and ftashville Railroad shall have been completed and the obstruc¬ tions in the Cumberland, the Elk, the Duck and the Caney Fork, shall have been removed, it would be difficult to find any region in the world possessing more advantages than Middle Tennessee. With a soil remarkable for its fertility—a climate happily ex¬ empt from the sickness of the South, and the intense protracted eold of the North—a population proverbial for its industry, sobri¬ ety, and enterprise—-with an easy accessibility by her roads and rivers to the markets of New Orleans and through her proposed railroad to those of Charleston and Savannah, she may well challenge comparison with the most favored regions of the Union. The Western District of our State is happily sitpated, in refer¬ ence to natural facilities for carrying off her agricultural pro¬ ductions. Lying nearly in a square, she is surrounded on three aides by two of the noblest rivers in the world, whilst the Hat- chee, the Forked Deer, and the Obion all navigable for small boats, penetrate into many of her richest and most populous 9 counties. Aprpject has however been started in the south pro posing to extend to her further.facilities by thp construction of a railroad from,Mobile to the Mississippi near the mouth of the Ohio. , The engineer, Mr. Lewis Troost, son of the accomplished Ge¬ ologist of the State, gives the following description of the route and the surface of the country over which it is proposed it should Pass:— _ , _ v . "Commencing at the city of Mobile, the route projected is "in nearly a north direction, diverging slightly to the west, on the comparatively level lands dividing the waters of the Mississippi from those of the Tomhighy end Tennessee rivers, through the ■ south-western portion of Alabama, the eastern and northeastern of Mississippi, the Western District of Tennessee, and the southi west corner of Kentucky to the Mississippi river, at or near the junction of the Ohio. At this point it is suggested to cross the Mississippi river by p steam ferry; similar to that over the Sus¬ quehanna on the line of railroad betweendPhiladelphia and Bal¬ timore, and to extend the road on the west bank of the Mississipp- to the city of St, Louis, , "The distance from Mobile to the junction of the Mississippi and Ohio rivers on this line, would be about four hundred and forty miles, and from the mouth of the Ohio to the city of St. Louis, abotit one hundred and fifty miles, making the total dis¬ tance from the city of St. Louis to the city of Mobile, equal to about five hundred and ninety miles. "A glance at the map of the States through which this route is projected, will indicate that from Mobile to the mouth of the Ohio, there is not a, river or stream of any magnitude to cross, and that on the west bank of the Mississippi river up to the city of St. Louis, there is only one river, the Mardmec, to overcome. In the present communication it is proposed to say nothing of that part of the route between the city of St. Louis and the mouth of the Ohio. There can be no doubt that as soon as a continuous line of railway , exists from the waters of the Gulf of Mexico to the Mississippi,-at the junction of the Ohio, the citizens of St. Louis, anxious to partake of the advantages of railroad communi¬ cation, will be ready to meet it with a railroad lrom their city to the west bank cf the Mississippi. "St. Louis is the great depot of the vast productions of the up¬ per Mississippi and Missouri. She receives and distributes sup¬ plies fpr an immense amount of territory, exceedingly fertile in the production of articles which must be transported to markets oth¬ er than those afforded at home. Her navigation to these mar¬ kets is at all times dangerous, interrupted frequently by the shift- 10 ing of channels and the accumulation of snags, and for weeks in the winter season entirely closed by ice. Her interests will, at 00 distant period, even if they do not now, point out the necessity of having constant intercourse with the south, uninterrupted by low water, by ice, or by the numerous dangers of river nav¬ igation. "For eighty or one hundred miles, the country north of Mobile, through which the railroad will pass is described to be a com¬ paratively level sandy region, very favorable for railroad mak¬ ing, and covered with yellow pihe of matchless height andsrait- ness, affording timber of excellent quality in sufficient quantities to construct the road in its progress through it.* "Thence through Mississippi and - Tennessee and Kentucky, where the line will runy the natural surface of the soil is said-to pffer no obstacles to obtain a strait route of easy grades, without heavy excavations or embankments. The character of the gra¬ ding will be of the easiest description, there being no rock to encounter except at the northern termination of the route, near the Tennessee and Ohio rivers. Through the eastern part of Mississippi the route Will pass over prairies from five to ten miles wide, and from twenty to thirty miles long. From surveys made for railroads through the western district of Tennessee, the natu¬ ral level of the country is represented to offer so many desirable routes in this respect, that the chief difficulty will, perhaps, be in selecting the most favorable. Parallel to the Mississippi and Tennessee fivers are two ridges of highlands, on either of wrhich the road might be located to advantage. "The main line can be made to form a junction With the Ten¬ nessee river at or hear Savannah, or at Perryville, which i§ in the vicinity of extend ve beds of iron are. At either place it would intercept the trade of the vallies on both sides of the Tennes¬ see river, which How has to perform a tedious voyage around by the Tennessee, (Mho, and Mississippi rivers,mf from four to five hunered miles before* it arrives at'the' same parallelof lati¬ tude as the point of departure. From either Perryville Or Sa¬ vannah, at the great elbow formed by the Tennessee river, a branch might be made to Nashville, avoiding altogether the Cumberland Mountains, which present many obstacles of a se¬ rious kind to any other approach to Nashville from the sea-ports on the South Atlantic coasts. This branch to Nashville will form a link of the great chain of hail roads How being projected to connect the Eastern and Middle with the Southern Stares, bv running a fine'of railroads to the sptith and east of the Ohio fiver, and of which the Baltimore and Ohib railroad is the commence¬ ment with a better sea-port for her purposes, and by far over a II flaore favorable route than by the route she is now seeking to establish, via Chattanooga. That this branch to Nashville, con¬ sidered as a part of a line which must be, formed at no distant *day to connect the Northern, Eastern and Middle and Southern States together, is of great importance, there can be no question, when it is considered that it will run t hrough some of the richest agricultural portions of the Union. ; "Through the Western District of Tennessee are inexhaustible beds of marl cropping out at the surface. This valuable material for agricultural purposes will form a great article of transport. "There is no route for a railroad in the Union, to compare with this. Here is a main continuous line of'440 miles in length, run¬ ning, without crossing navigable rivers or mountains, through the richest portions of three-of the most productive States, where they are in a great measure, deprived of all kinds of communica¬ tion, terminating at one end at a desirable sea-port, and at the other where it can command the trade and travel of eight states and the western territories, with lateral branches extending by short distances into the riehest and most varied agricultural and mineral regions, which, although passing through different State government, will be governed througheut by the same laws, subject to the same institutions,, and will be under the same management and responsibility." If this Mobile project he too vast for early or eventual execu¬ tion, the sagacity of those, who Have charge of it, will not fail to discover how much better it would be to make the northern ter¬ minus on the Tennessee river, where it makes its great bend • through the State than to permit it to fail altogether. This would reduce its magnitude to a size entirely practicable, and be to the city of Mobile scarcely less profitable. To that point at 01* below the town of Waterloo, the Tennessee iseasily avigable ^ at all seasons of the year .by most of the steamboats that ply on - our western waters. Such a terminus would therefore he per¬ fectly accessible to all the commerce of the Cumberland, the ,Ohio, the .Mississippi, and Missouri, which might seek an outlet through the Bay of Mobile. Much of the Western District would still be deeply interested in , its success, and the State would doubtless aid and encourage the project presented in either form, : by all the means which could at any time be fairly and justly ap¬ propriated to its advancement. The present period however is much more favorable to the ex¬ ecution of internal improvements by the -enterprise and capital of individuals, than by the direct appropriations of the States. There are but few of them, who have not, on former occasions, '.either,for banking or improvement-purposes, contracted as large 12 a public debt, as they now have any ability to meet. < This is cer¬ tainly so with regard to the State of Tennssee. So far, she has been entirely able to save herself from the reproach of havi'g failed to meet her liabilities. A proper sense of pride, justice. a id honor should restrain her from now creating against herseli •» y new liabilities which she may have no means of meeting, even ;.>r the accomplishment of the most inviting projects of prospec ive usefulness. On the other hand, the people, unlike the States, are less involved in debt at this time, than at any recent period.— They have been blessed generally with good crops for several years, which have commanded remunerating prices. Other pur¬ suits are understood also to have been eminently successful, so that all classes of the community have more ability than usual to patronise and encourage all safe and profitable projects that may be presented It is to this individual ability, and to the well known sagacity of our people, prompting them readily to engage in all safe and profitable investments, that we ought mainly to look, at. least for the present, for the further extension of our system of Internal Improvements. In the discharge of the various duties which devolve upon you, none will require more earnest investigation and patient delib¬ eration, than those connected with the important interests which the people have in tbe successful management of the Bank of Tennessee. You cannot exercise too much care in looking into its present condition and its past management, with the view of discovering any defects that may exist in its present organiza¬ tion, and of devising the best measures for increasing its useful¬ ness and prosperity. When it went into operation, it was re¬ garded by many as an experiment which would inevitably ter¬ minate disasterously at an early day. The absence of the grand conservative principle of individual interest was the alleged cap¬ ital defect in its organization on which these predictions were besed of its early failure. To this suggestion it was answer¬ ed, that the combination of the interests of Internal Imprdve- ments, and Education with Banking,'would furnish a substi¬ tute for individual interest equally efficacious; in securing a faithful and successful administration of its affairs. The exper¬ iment has now been on trial for nine years, a period sufficiently long to enable you to form a reliable opinion as to the probable success or failure of the experiment. If a careful investigation into its past operations and its pres¬ ent condition, shall satisfy you that it has failed to accomplish in a reasonable degree the important objects of its creation, and that it is destined unavoidably to end in ruin and disaster, it will 13 bbcdine your irnperious duty to avert the threatened Mow by an immediate provision for the gradual settlement and liquidation of its affairs. If on the contrary, such an investigation shall pro¬ duce the convictfon, that the experiment has proved reasonably successful, and that the public interest would be promoted by its continuance^ the duty of exerting the utmost possible vigilance in guarding it against future mismanagement and misfortunes, will devolve upon you. , ,v • ... , Without assuming to pass sentence on the wisdom of estab¬ lishing the Bank at all, or of uniting in one system the interests of banking, internal improvement and education, I have no hesi¬ tation in announcing to you that my investigations into its past transactions aud its present condition, have disclosed to my mind no satisfactory reasons for recommending its discontinuance'and abandonment.5 So far as the Bank was designed to furnish a sound and safe circulating medium, it must be admitted that ithas been thus far entirely successful. Its influence in mitigating the pressure of the pecuniary embarrassments which have prevailed during several years of its existence has been universally ac¬ knowledged. The friends of education have abundant cause to be well -pleased with its promptness and fidelity in the fulfilment of its obligations to Common Schools and Academies, whilst the pres¬ ent high credit enjoyed by our State securities fully attests its suc¬ cessful management of that branch of our financial affairs which has devolved upon it. Within the last nine yearsi the Bank has paid anv aggregate sum of more than two millions of dollars. Which has been appropriated by the State in diffusing the benefits of education and in the payment of the accruing interest on her debt. 'Wi'thiih'the' same period thenett profits of the institution have fallen but little short of two millions of dollars, showing an annual Average profit of two hundred and sixteen thousand dollar?], an amount equal to nearly eight per cent on its actual capital. These results would seem to go very far towards proving that the experiment has been successful, and must have a strong ten¬ dency to dissipate the.fears of those who have looked to its fail¬ ure as inevitable—unless it shall be found upon investigation, that the losses sustained have been unreasonably large. In the examination of this point, it will become material to as¬ certain, at what period of time the largest portion of the losses have occurred, and if it shall be found, as it is believed to be true, that they occurred at an early period, and before cert ain impor¬ tant amendments were made to the charter, and that very little has been lost since that time, it will rather furnish a reason for an 14 increased diligence in seeking for other defects, than for the total abandonment and annihilation of the system. The main ground on which it has been maintained that the Bank has been unsuc¬ cessful in accomplishing the objects of its creation, is furnished by the fact that its annual profits are not sufficient, to meet the annual payments required to be made. This 'objection should have but little weight, if the burdens imposed upon it are unrea¬ sonably great, and that this is the case will admit of no doubt, when it is recollected that the payments required to be made an¬ nually, amount to about two hundred and seventy thousand dol¬ lars—an amount equal to more than nine per cent on its actual capital. Ip coming to the conclusion that the Bank ought not to be dis¬ continued and wound up under existing circumstances, (what¬ ever my opinions about Banks of paper Issue may be.) I have not failed to be duly impressed by the unavoidable pressure in our monetary affairs, which would be produced by the withdrawal of, so large a portion of our circulating medium, as is now furnished by it, and by the collection of so large an amount of debts as are due to it. This pressure might be greatly mitigated, but could,, not be entirely avoided by adopting a liberal policy iq the grad¬ ual liquidation of its affairs^ nor have I overlooked the difficulties and embarrassments which would be encountered in providing the means of meeting the liabilities imposed upon the Bank du¬ ring the timerepuired for its lipuidation. Influenced by these considerations, I cannot recommend the dis¬ continuance of the Bank, "but instead thereof, your attention is most earnestly invited to the investigation of such measures as shall promise to increase its profits, and render them sufficient to meet its liabilities. In view of the fact that for several years past, the profits made at most of its Branches have been greater than those made at the principal Bank in proportion to the capital re¬ spectively employed by them, I submit to you whether the three Branches now in a state or process of liquidation, may not be ad¬ vantageously restored. In making this suggestion, it is proper for me to remark that it is founded 011 information not possessed at the formed session of the General Assembly, and is not intended as a condemnation of the Act by which these branches were dis¬ continued—that act might well be justified under the impressions which prevailed at the time of its passage. It is now believed however that the progress made in settling their affairs will shew that these impressions were materially er¬ roneous, and that the losses sustained ought not tp predjudice the claims of those interested to the restoration of these Branches- being fully satisfied from a careful view of the character of the 15 population interested, the anxiety which exists amongst them for additional, banking facilities,, (whilst the present form of the banking system continues,) and the increasing commercial in¬ terests at each of the places; I am constrained to recommefid ta you that these, branches be restored. In connection with this subject, I feel it also my duty to call your attention to the claims of the city of Memphis to an increase of its banking facilities! The rapid growth, of this flourishing city, based upon its impor¬ tant commercial interests and advantages, would indicate it as one of the most eligible points in the State fo,r profitable banking, and under this conviction, if you determine in favor of the con¬ tinuance of the principal Bank, I recommend the establishment of a Branch or Agency of the Bank of Tennessee at Memphis, with such capital as can be advantageously furnished by the in¬ stitution. But I cannot indulge the hope that the adoption of these suggestions, would enable the Bank to increase its profits to such an extent as would meet all of its liabilities—the neces¬ sity would therefore still exist for an investigation of the best means of diminishing the present liabilities of the Bank. These liabilities at present amount to about two hundred and seventy thousand dollars annually, whilst the annual average profits heretQfore have been about two hundred and sixteen thousand dollars. By an act passed in 1844, the Treasury is required to make up the deficiency unavoidably occuring on account of the inability of the Bank to make .profits sufficient to meet the liabilities chargable upon it. I submit to you whether a sinking, fund could not be set apart by the Treasury, without any increase of taxa¬ tion to be annually vested in the purchase of State Bonds at their current value, as a meajis of gradually reducing the liabil¬ ities of the Bank to a sum that would not exceed the amount'of its profits. This suggestion will receive additional weight from the consideration, that under existing circumstances, the deficien¬ cy may be permanent and therefore constitute a permanent drain upon the Treasury. It is believed that a sinking fund of pne hundred thousand, dollars furnished by the Treasury for five years, would so far reduce the State debt, and consequently the liabilities of the Bank, as would enable the institution after that time to meet all the burdens ifnposed upon it. It gives me great pleasure to express to you the belief, that the Bank has been faithfully and satisfactorily managed during the last two years. The report of the President and Directors will contain all the information necessary to enable you to understand its present condition and to devise the proper measures for rendering it 16 more useful and profitable in future, whilst it will exhibit a very large increase of profits duripg the last two years. Since the last session of the General Assembly* a war has been declared toexist between the United States and the Republic of Mexico. The circumstances which led to this declaration* were such as to. extort it from the Congress of the United States by an almost u'nanimous vote; Abolitionary Fanaticism alone stood out against it. Every Representative from Tennessee* of both political parties voted for it. Ten millions of money, and authority to call into the public service fifty thousand volunteers for the purpose of prosecuting the war to a safe 'and honorUb]e peace were voted by Congress and placed in the hands of the President. Under this Act a requisitioni Was made on' this State on the 10th of May, 1846, for one regiment of cavalry or mounted men and two regiments of infantry or j-ifleraen. " On the receipt of this requisition I issued my proclamation dated 21th May, 1846, apportioning the call equally and fairly among the three grand divisions of the State.' It was nobly re¬ sponded to. Instead of three thousand, stbout thirty thousand rushed forward with eager anxiety to engage in 'the service of their country^ The call Was met sb promptly,v that the troops assembled in advance of the arrival of any officer of the United States, either to muster them into the service, or to make those usual advances of money so necessary to troops, suddenly called on to leave their homes on so long apd distant an expedi¬ tion. To remedy this circumstance I appointed suitable officers to inspect and muster them into service ip their reSpcctiy'e quar¬ ters of the State, rather than subject them to the uncertainty of being rejected after they had gone to distant plaees'of ren¬ dezvous. ' " ' ■ To make a suitable advance of money to each officer and soldier, to defray all the expenses incident to their encampment at Knoxville, Nashville afid Memphis, and also to subsist the East Tennessee troops in their match to the latter city, required the negociation of large sums of money. • > 1 / The Union and Planters' Banks, with a patriotism which cannot be too highly extolled, promptly stepped forward and pro¬ posed to lend any sum of money, not exceeding one hundred thousand dollars each, which mi^ht be demanded by theocca- siou. With out any law authorising me to borrow mofney for this or any other purpose, but unwilling to submit to any delay, I took the responsibility of negociating with the Union Bank for some sixty or seventy thousand dollars, which Were applied to the above objects of expenditure. So soon however, as our troops were gone, and the state of my official business Would 7 allow of it, I repaired to Washington City whilst every item of expenditure was fresh in my recollection and those of my officers, and'presented my accounts for settlement and I am hap¬ py to say that they were promptly but thoroughly examined and allowed by the proper Department, with perhaps the single ex¬ ception of interest, for which no existing law^of Congress was supposed to provide, but which I doubt not, will be hereafter adjusted satisfactorily to the Bank. It is with pleasure there¬ fore, that I inform you that in going beyond the law, and as- usming the responsibility of raising this sum of money as the Chief Magistrate of the State, no debt was incurred by which the State can be in any wise injured. The advances that made this unauthorized negociation neces¬ sary, were indispensable to the comfort of the Troops. Volun teers suddenly called to leave their homes on such a" campaign could not well afford to epuip themselves out of their own pri¬ vate means, and to support themselves in their respective en¬ campments until the arrival of the officers of the United States, who had no idea of so prompt and early a movement, for such had been unknown before in the volunteer service of the United States^ nor could the East Tennessee volunteers, suddenly called on to march four or five hundred miles to Memphis, be expected to be prepared-with ready means of their own to bear their ex¬ penses. But whilstT took on myself as the Executive of the State to make this negociation, I endeavored to consult the most rigid economy and to make only such accounts as the United States would recognize as just, and to appoint only such officers as they would think to be absolutely necessary. Under this view of a just and proper economy, I left the troops, (except those of East Tennessee, on account of their distance,) to subsist themselves on their travel from their respective neighborhoods to the places of rendezvous, precisely as is done by the laws and regulations of the United States. But I established encampments at Knox- ville, Nashville and Memphis, for the reception of them, as fast as they should arrive, where they were attended to by one or two suitable officers, and supplied with the same rations as are allowed by the United States to their own troops. These arrangements I am happy to believe, proved entirely satisfactory, not only to the United States, but to the troops themselves, with perhaps a solitary exception, which, as it relates to my Executive action in carrying out a requisition on the State is here submitted to your consideration. On the 6th June, 1846, I received the following communica¬ tion, fecently found, after diligent search, and which I had 2 18 supposed mighthave been thrown aside as not important to be preserved: " Camp. Brown, June 5th, 1846. " To the Hort. A. V. Brown, Gov't, <$0. " Dear Sir : Oi^to-morrow evening I will have the honor of leading ninety- four of the gallant sons of Giles county to an encampment on Brown's creek. By the request of the company, I have the honor to ask of you the favor of se¬ lecting tis a proper and judicious place of encampment, where we can have wa¬ ter and rest on Sunday. We have camp equipage and a wagon, and will be prepared to take care of ourselves in Soldiers' style. We expect to be ready to be mustered into the service on Monday morning. "I have the honor to be, very respectfully, " Your obedient servant and friend, (Signed) «MILTON A. HAYNES, i " Captain Giles County Mounted Riflemen." This communication was not addressed to me as a private individual—it was addressed to me as Governor of the State, and delivered to me at my office as such. It spoke nothing of one night, but of several nights, and the greater part at least of two days. It made no allusion to going at all to the general encampment. It asked no privilege of camping on my grounds, nor did it in the slightest degree, form, or manner, call up thequestion of my individual hospitality. It avowed the intention to encamp on Brown's creek, a small stream of excellent water directly on fhe road, which had borne that name from the earliest settlement of the country, and on which I had no lots or grounds at all. Regarding it, therefore, as an application to me as the Executive of the State, for the selection of a public and additional encamp- mentfc to the one already at Nashville, I returned the following answer, in accordance with the advice of the Adjutant General of the State arid of, my own sense of duty and propriety: " Nashville, June 6th, 18,46. " I have no opportunity to procure an , encampment in the neighborhood you mention, and no officers to send to attend you. My encampment is at Nashville at the Race Track, where some of the troops are yet encamped, where yob and company can have provisions and horse-feed provided." " Jn haste, yours, &c. (Signed) ^ «AARON V. BROWN." This reply was predicated on the idea, that to furnish, as I had done* the three encampments at Knoxville, at Nashville, and at Memphis, with suitable officers to attend them, was all that a just sense of economy, and the practice in all such eases, both in and out of thq State, would allow of; besides, I was by no means confident that the United States would settle the accounts made at two separate encampments so near Nashville. No other- volunteer company had received any suph special accommodation, and I desired to mete out the same ^measure of 19 justice,to all. To avoid all difficulties and complaints, and to enable thfe company to reach a better and more Comfortable en¬ campment than it was possible to furnish at Brown's Creek, I threw open the doors of my general encampment and invi¬ ted them, by a march of an hour longer, to partake, with their brother soldiers, ofjts ample supplies and accommodations. I lay, thes$ precise facts before you, that they may go upon the permanent records of the country, repelling, as they do, every idea of Executive inhospitality to these brave and gallant men. To my Quartermaster General, George W. Rowles, and to Major General Brazelton, and to Inspector General Coe, and Major General Hays, I am under, and the volunteer service of the State is under, many obligations for the promptitude, skill, and energy with which they conducted the operations in the re¬ spective divisions of the State. Iti the transactions of the middle portion of the State, I can¬ not withhold from Maj. Gen. Bradley, and Adjutant General Turner, equal expressions of gratitude for the services which they rendered. , fuEarly in the month of June, the three regiments, (two only wily organized) vtfere handed over to the United States. They era 11 i do wer and chivalry of the State, The sons of those worthy sires who, under Jackson, Carroll, and Coffee informer day$, had shed< so much lustre around the name of Tennessee. Would these, their descendants, prove themselves worthy of such illustrious ancestors? I did not doubt it-—no one doubted it—they went forth in a just cause, Not one pf them felt that it, was an unjust one, or they would not have gone. They went forth, and on every battle field, at Monterey, at Vera Cruz, at Cerro Gordo, they perform¬ ed deeds of heroic valor,- worthy of Tennessee in the proudest days of her glory. But it was not on the battle field alone, that your regiments bore your banner so high and so proudly. In the toilsome march; beneath the burning sun; in the pestilen¬ tial encampment; every where, and under all circumstances, your volunteers well sustained the honorof the State. In behalf of our whole people, I recommend the strongest expression of public gratitude and admiration for their heroic Services, and that-a full register of the names of every soldier of the three regiments be made out and safely deposited in the new cap- itol, when completed, that posterity may know who they were that contributed so largely to the honor and glpry of tfie Com¬ monwealth. Let the State contribute largely to the erection of so lofty monument to the memory of those who fell either in bat¬ tle or by disease, in the prosecution of a war, which could not 20 have been avoided without a sacrifice of national honor, dignity, and character. But the patriotic devotion of our fellow citizens has been tested by an¬ other Requisition, recently made for two more Regiments of Infantry from the State. It is with no common degree of pride that I announce the pleasing fact to you, that notwithstanding the rriany appeals tnade to the people of the States, through a portion of the public press, and the debates and discussions of the past summer, against the justice, pro¬ priety and necessity of the Mexican war, the chivalrous sons of Ten¬ nessee have responded to the call with a noble enthusiasm. Five companies Were called for by my Proclamation from each Major General's division in the State, thereby giving, as on the former occasion, a fair and equal chance to the citizens of every portion of the State. Many more companies reported themselves than could be selected to fill the Requisition, whilst many others were known Qf who were in a forward state of completion, when the time arrived for making selections. It cannot, I hope, be considered invidious to mention that Fast Tennes¬ see was peculiarly chivalrous en the occasion, having furnished nqt only the five companies called for, but tendered ten other companies besides, composed of her brave and hardy sons. The officers of the U.-iteif States having learned, by experience, something of the promptitude and celerity with which, the citizen soldiers of Tennessee always rush to the standard of their country, have promptly repaired to the State to aid in carrying out the movement, exempting the Executive from much of the lal or and responsibility of a former occasion. The volunteers are now on their way to their respective encampments at Nashville and Memphis, where they will be regularly organized into Regiments and passed over to the command and service of the United States, If the war continues, the whole community cannot but feel the deepest in¬ terest in the future destination and fortunes of these brave and gallant men. The career' of their predecessors in this war has been so distin¬ guished—for their patience under fatigue, for their ready obedience to the commands of their officers, for their undaunted courage in the face of the enemy—that it would be difficult to emulate their bright and glorious example. But I hazard nothing when I asure you, that these Regiments will go forth nerved to new energies by that high example, and firmly resolved, living or dying, to add new lustre to the name and character of Tennessee. But at the moment when I am writing down these proud and pleasing assurances, the news may be brought to us tliat a treaty has been made, terminating the war between the two nations. I should hail with rap¬ ture and delight the return of the bright and beautiful Goddess ofPeaee, at whose shrine the American people have always delighted to wor- ship. Her return would be the rv >-3 welcome, because she will doubt¬ less bring with her th.-.t wi.s [ever demanded—^indemnity for th© past, security or 'he future." This was all that the Admnistration a Washington—the .President and his friends in Congress, and rnrougn-' 21 out the Union—all that the Commanding General, in his Proclamation iri- the earliest stages of the war, ever demanded. The territory she is expected to bring will be stained with no blood unjustly shed, in the proud and lustful spirit of conquest. She will bring it as the only in- dettinity Mexico can offer against the expenses we have incurred in the prosecution of a war, which Mexicoherself was the first to proclaim, and first to commence. A war originating in Mexico's unjust attempt to rec¬ onquer ^territory which had been, under all the forms of o'ur Constitution, made one of the States of the Union; a war which she wantonly and wickedly provoked by an invasion of that part of Texas lying east of the Lower Rio Grande, to which our title extended (whatever might be said of the Upper Rio Grande) without a shadow of doubt. But I cannot Shut my eyes to the great fact, that there are many persons, of this State and elsewhere, who, in anticipation of a result such as we arts now con¬ sidering, have labored hard to convince the people that, if indemnity in land against the expenses of this war, and for the purpose of paying the millions that are due to our citizens, should be willingly offered by Mex¬ ico, such an indemnity should be scorned and rejected. Whether the in- fatuatipn of party will persist in such doctrine remains to be seen. But I . most Earnestly recommend to this General Assembly, never to adjourn upfif you have instructed your Senators and requested your Represen¬ tatives not to vote against a treaty of peace, or refuse the necessary appro¬ priation^ to carry it into effect, only because it may contain a cession of territory to the United States. Indemnity against the war* I hold to be clearly right—Mexico hersfelf, I doubt not, Will «o consider it. Shall the U..v States reject the indemnity because it may be in land, and not in money? She has not the latter to pay, arid the former constitutes her only' remaining resource. It will therefore be indemnity in land, or noth¬ ing—I repeat in Land or nothing* What wise or sensible man in the management of his private affairs, would x-eject a payment in land, when his debtor had no other resource left with which to satisfy his de¬ mand? The plea that our country is large enough already, takes no ac¬ count of the future millions of freemen; who are to inhabit it. ' The nat¬ ural increase of our own population—the amazing emigration to the Uni¬ ted' States, from the-starring < and oppressed nations of the old World— the genius, industry, and enterprise of the Anglo-Saxon race—all tinite in demanding that our country should be extended from ocean to ocean widened out in all her borders, whenever it can be done consistently with the dictates of national honor, and justice. Such an opportunity will now he offered freely to us, arid perhaps for the last time in the his¬ tory of our country. The, pretext that any new accession of territory, may endanger the per¬ petuation of our glorious Union, is only a shallow device for alarming the timid and deceiving the ignorant. The same cry was raised when Louisiana, extending from the Gulf to the Northern Lakes was acquired—the same when Missouri was admitted —when Florida was purchased—when Texas neither conquered nor purchased, walked into our Union by sovereign compact and agreement. 22 The Union dissolved!! dissolved by the: growth and enlargement of our free and happy Republic!! No. It grows stronger and stronger by it, the very elements of perpetuation being increased in the exact proportion of its contemplated magnitude. <»The spirit of modern abolitionisna, if it existed at all in the early days of the Republic stood rebuked by the compromises of the Constitution. It stood equally rebuked in the Mis- souri Compromise, which was but a virtual continuation of that of the Constitution. So it will be in the extension of the same line on, Jatitude 36° 30' through the newly acquired territory of California. ;What a beautiful harmony in our national action would then be exhibited! Our Revolutionary Fathers in adjusting the proportion of free,and,slave holding States, substantially fixed it on latitude ol 36° 30". The next generation (for the Revolutionary one had nearly disappeared,) then extended that line through the newly acquired territory from France, and no\y it js pro¬ posed (and to this I give my assent, and earnestly reccommend that you give yours) to extend this same line still westward, through the territory which may be ceded to us by Mexico,to the shores of the Pacific. This be¬ ing done, the great strife and contention about slavery., we may hope, will be settled and ended forever. Then no "Wilmot Proviso" will break upon our repose, like a fire-bell by night. . The line of separation will be fixed. All men would, understand k and conform to it, in the formation of States. Nor need the conscientious and sincere friend of the black race, (for there are many such) be in the slightest degree apprehensive that slavery, though permitted to exist south of that line, would ever be in fact estab* lished in any one State of California. The character of the country---the nature "of its resources-fthe insecurity of such property on a variety of accounts, would deter any slave-holder from taking that description of property with him. The question about slavery, there¬ fore, loses much, if not all, its practical importance in relation to tha territory now to be acquired from Mexico, as has been truly said by one of our greatest Statesmen, and said too, at a most auspieious moment for the peace and harmony of our country. The Union, therefore, I hold to be in no danger from any new accession of territory. I believe that, under the Providence of God, it is destined to last and endure forever, stretch¬ ing, like the beautiful rainbow of Hope and of Promise, until it bespans this whole continent. . A vacancy has occurred in the Supreme Court, by the resignation of Judge Reese, now on file, t® take effect from the first day of the pre¬ sent month, whichplaces it in the power of the General Assembly to fill it, without the intervention of the Executive. 'Another vacancy occurred in the 4th Judicial Circuit, by the death of Judge Cannon, which Was emporarily filled by the appointment of George W. Rowles, Esq. Vacancies in the 4th, 8th, and 10th solicitorial districts have been filled by the appointment of Mr. Joseph E. Pickett, of Carthage; Mr. J. P. Campbell, of Columbia; and Mr. T. P. Scurlock, of Jackson; whope commissions will expire with the close of the present Legislature. Mr. Nelson, regi¬ ster of the mountain district, having resigned, the vacancy was filled by the appointment of Mr. J. H. Minnis, and, subsequently, on his re* 23 signation, by the appointment of Mr. J. F. Brown, of Sparta. It will also be your duty to elect a Senator to Congress, to supply the place of the Hon. Spencer Jarnagin, whose term of service expired on the fourth of March last. I need not anticipate, by a single remark, tho caro with which you will select some individual, eminent for his ability and patriotism, to fill this exalted station, at a crisis so important to the honor and welfare of the nation. I have now presented to your consideration, all the subjects which I desire tq present before you, and close this communication with the sin- core and confident hope that your deliberations may be distinguished for their harmony, and may result in the advancement of the best interest and welfare of the State, 1 have the honor to be, Your obedient servant, AARON V* BROWN. Executive Office, Oct'r, 1847.