It is with the profoundest diffidence, that being thrown into the discharge of the Executive functions of the State Government, by a coincidence of extraordinary contingencies, I undertake the task in observance of established usage, to address you the ordinary communication, which official courtesy has ever recognized as due to the Legislative branch of the Government from the existing Executive. The very unusual association of occurrences, which has, for the brief period of fifteen days, devolved the high duties incident to this station, upon me, I had hoped upon first consideration would have precluded the necessity of a formal communication; but upon more mature reflection, I esteemed this duty an obligation due to your honorable body, and I, therefore, acting in deference to this impression assume the alternative, although altogether less congenial to my feelings and wishes. I am not aware that the history of our State Governments affords any exact parallel to the condition of things now existing, relative to the present administration of the Executive of this State.2

It would be esteemed by your honorable body supererogation on my part, to repeat to you the contingencies which have produced this state of things. These, however, have imposed upon me the performance of duties, which would have been most willingly avoided, and were entered upon with sincere reluctance and unmingled distrust of my own abilities. But relying most confidently upon the enlightened indulgence and generous forbearance of your honorable body, allow me to offer for your consideration, a few of the topics considered of the greatest interest to our constituents.

Blessed with a salubrity of climate unsurpassed, and a fertility of soil unequaled, in the whole Valley of the Mississippi, our State is progressing with wonderful rapidity, to a most elevated station among her Western Sisters, in all the improvements derivative from wealth, population and refined society. Emigration from every state in this great and patriotic republic, is seeking its way in thousands and tens of thousands to this fair Delta of the magnificent valley. With the exception of an occasional village of provincial French, but yesterday, it was an unbroken wilderness,—a trackless waste of prairie and unsubdued forest. The beautiful rivers that wash its borders, rolled their deep tides to the ocean unknown and unadmired.

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This “desert now blooms as the rose.” It is the “ultima thule” of the emigrant’s hopes and aspirations. Her rivers are the channels of her rich commerce, and the admiration of the world. The magic wand of enterprise, industry and talent, is working its wonders in the land. The Indian’s wigwam has disappeared in the presence of the rich man’s mansion, and the poor man’s cottage. Our rich prairies are converting into luxuriant fields and pastures; and all the attendant blessings and advantages of christian civilization are ours, to be enjoyed at our bidding. Wise legislation alone can secure the consummation of these blessings and advantages.

Among the various subjects of legislative deliberation, I esteem it my duty to call your attention to the Criminal Code, under the conviction that radical amendments should be made to ameliorate the rigor of its character. Throughout the whole range of legislative duties, there is none more important or which merits more profound care and attention, than a formation of a proper system of criminal jurisprudence—once which will have a due regard to the feelings of humanity, and at the same time be best calculated to repress the prevailing crimes of the age.

Good sense and sound policy dictate that the measure of punishment should be proportionate to the nature of the offence, and every system of criminal laws, not conformable to this principle, must be radically defective. Regard must be had to the degree of guilt which attaches to each crime, and the standard of punishment must be graduated accordingly; otherwise, it may happen that offences essentially different in their nature, may incur the same and both perhaps are inadequate penalties. To elevate into crimes acts which are not essentially of that character, and which may owe their origin to a thousand accidents and contingencies which neither human foresight could anticipate, nor human wisdom prevent, is repugnant to our sense of justice and humanity; and when we see acts of this kind visited with the same measure of punishment which is meted out to offences of a malignant and dangerous character, in the perpetration of which, the worst feelings of our nature are enlisted, our sense of justice totally revolts. Believing that this Code is a sanguinary body of criminal law, I submit it to your wisdom, whether many of its provisions might not be wisely and beneficially revised. The management of the police regulations of the Penitentiary, is a subject intimately allied to the just adaptation of punishment to the degree and na-

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ture of the offences. Permit me particularly to invite the attention of your honorable body to this latter subject.

The Financial concerns of the State merit the most anxious consideration of the legislature. They are yet laboring under the consuming paralysis inflicted upon them by the operations of the Old State Bank and its resulting effects, and the sooner our Treasury can be emancipated from these retarding and embarrassing influences, the greater will be the advantages and benefits to our constituents. The present debt of the State is little short of $214,000—consisting of the loan of $100,000 made to redeem State paper, and the debts due to the “Seminary” and “School Funds.” Upon these latter debts interest is rapidly increasing. Some measures should be adopted to reinstate those funds and for their appropriate and beneficial investiture.3

The receipts into the Treasury during the last two years have been about $147,000. This amount has been received from Sheriffs, from the sale of Vandalia lots, Vermillion Saline lands, Gallatin Saline lands, On Account of the State Bank, Non-residents, Gallatin county Saline, School Fund, late Treasurer, Canal lands, late Treasurer Canal Commissioners, Seminary lands, Revenue Clerks, funded State paper and Redemption money. The payments out of the Treasury, have been during the above period about $146,000. These disbursements have been made in the discharge of Warrants, payment of Redemption money, amount refunded on land redeemed, money refunded, certain contingent expenses of the State Bank, funded Stock redeemed and on State loan. I am thus particular in order that the limited resources of our revenue may at once be seen, and the avenues of expenditure developed. The amount due from Sheriffs and Clerks, on the 1st of March next to the Treasury, is nearly $36,000. This fact involves a defect in the Revenue Laws, which leaves the State with an empty Treasury, and no legitimate mode of immediate replenishment. I would take the liberty of suggesting to your honorably body, the necessity of a radical revision of some of the leading principles of those laws. I entertain the opinion that hereafter there should be no sales of non-resident lands to individuals for non-payment of taxes, but that whenever a sale becomes necessary, all land upon which the taxes and cost have not been duly paid, should be stricken off to the State; and that whenever the lands so stricken off the State, should be regularly redeemed, the redemption money should go into the State Treasury, and not

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into the hands of speculators. It should be provided that payments should be made into the Treasury at an earlier date. It should also be provided that all sales of non-resident lands for non-payment of Taxes, should be made under the solemn sanction of the judgment of a court. To the want of these principles in the Revenue Laws, my objection is principally founded. Whatever may have heretofore been my opposition to the present mode of collecting the Revenue, it has now ceased, having become satisfied that in its operations it is more just and perhaps sufficiently efficient.

Something upwards of 4,500,000 acres of land are now taxable in this State. The Revenue of the State is derivable from taxation upon little more than half of the foregoing number of acres. Would it be wise policy in the Legislature, to require each county in the ratio of its taxation, to contribute to the State Treasury in order to disembarrass it of its pecuniary thraldom and bankruptcy? This enquiry is submitted with all due deference to the superior wisdom of the Legislature. For more particular and satisfactory information relative to the present condition of the State Finances, allow me to refer your honorable body to the reports of the Auditor and Treasurer.

The aggregate expenditures of the government of this State, from the period of its creation to the 30th September, 1834, amounts to nearly the sum of $664,000; a sum enormous in the aggregate. But when we consider the extraordinary enhancement this sum underwent by reason of the depreciation and almost valueless character of the paper of the Bank, misnamed the “State Bank,” and the rate at which it was paid out of the Treasury in disbursement of its necessary debts, it seems no longer extravagant or too great. Some of the items which constitute this sum, are, monies paid out for public printing $47,000. Postage on Official Correspondence $3,000. Expended on Surveys of route of Michigan Canal $10,000 Agent of Ohio Saline $8,000. Contingent fund, incidental expenses and special appropriations $93,000. Governor, Auditor, Treasurer, &c.[etc.] $70,000. Judiciary, $118,000. Legislature, $210,000. Penitentiary, $17,000. &c. &c. These facts are communicated not in reference to any effect it may have on our legislation, but merely as a matter of statistical history, of which, perhaps your honorably body is as well informed as myself.

Permit me to present to the consideration of your honorable

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body, the subject of the establishment of a State Bank. Public judgment seems to have been pronounced against the re-charter of the present Bank of the United States, in such unequivocal language as to involve the establishment of such an Institution in an absolute necessity. I therefore, in my capacity of Senator, propose to offer for your consideration a project for a State Bank—which, under the administration of judicious management, will annually defray the civil administration of the State Government—pay off the principal and interest of the State Loan—reproduce the annihilated School Fund, and bring it back into being—cover all contingent defalcations—create a fund for the ultimate payment of the loan necessary to be made upon which to found the Bank, as also the annual payment of the interest thereof; and in addition to all those important desiderata, afford to our country, at this time, almost totally destitute of a monetary medium, a safe and approvable currency.

The affairs of the Bank of the United States have been conducted in such a manner as to create the most fearful forebodings of the momentous tending of such an institution. That it has produced all the real and unreal distress complained of in the commercial community—that it has interfered in the political elections of our country—corrupted the public press, and prostituted its legitimate purposes—thrown the gauntlets of defiance at the people of the nation—insulted them in the person of their venerable Chief Magistrate—perpetrated acts of bold and daring usurpation—violated the provisions of its charter—and the common and settled principles of law, in seizing the Government dividends upon pretence, and claim of damages in consequence of the protest of the French Draft—That the exasperated managers of this institution are the authors of all the partizan strife and excitement which now convulse the country—that in order to achieve its purposes, it would place the existence of our republican institutions on the issue, my mind entertains not the slightest doubt. That the policy of the administration of the General Government in relation to this Bank, has been the result of enlightened wisdom, and for the ultimate glory and preservation of the freedom of our civil institutions, I entertain as little doubt. That the firm and intrepid stand taken by the President against its recharter, has been the conclusion of an exalted and devout patriotism and love of country, I have ever believed. And constituted as the 24th Congress is, with an undiminished

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majority against the re-charter of that institution, mindful of the President’s views of the subject, without any reference to the expediency and impolicy of such a Bank, it must be absurd to remind your honorable body that it cannot be re-chartered nor another reared upon its ruins. The bills of the U.S. Bank, withdrawn from circulation, as they necessarily will be, in order to a final close of its concerns, our State will be left entirely without a known good or bad adequate currency. Hence I propose the establishment of a State Bank, founded not upon the baseless impalpable fabric of a vision—but upon a solid gold and silver reality.4

The augmented population of the State—the multiplied number of organized counties as well as the increase of business in all, has long since convinced every one conversant with this Department of our Government of the indispensable necessity of an alteration in our Judiciary System, and the subject is therefore recommended to the earnest and patriotic consideration of the Legislature. The present system has never been exempt from serious and weighty objections. The idea of appealing from the Circuit Court to the same Judge in the Supreme Court, is recommended by little hope of redress to the injured party below. The duties of the circuit, too, it may be added, consume one half of the year, leaving a small and inadequate portion of time, when that required for domestic purposes is deducted, to erect in the decisions of the Supreme Court, a judicial monument of legal learning and research, which the talent and ability of the Court might otherwise be entirely competent to. In recommending to your deliberation however, the establishment of a judicial circuit system, I cannot impress too deeply upon your minds the unspeakable importance of considering maturely, apart from all party or personal considerations, the qualifications of integrity and talents for that station.5 In vain may Legislative wisdom be exerted in the enaction of Salutary laws if judicial integrity is wanting in the administration; and however distinguished may be the Bench for unsuspected integrity of purpose, if there may be any deficiency of legal learning and appropriate talent, the rights, liberty and property of the citizen have lost the certainty of their tenure.

The time is at hand when we are required by the Constitution to provide by law for taking a Census or Enumeration of our rapidly increasing population. We have the happiness to believe, that in the early settlement of no portion of the Globe

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have the indications of enterprise and industry—of intellectual ability and moral worth, been more general and unequivocal than in our beloved State. This state of things can only be preserved by the fostering influence of wise and salutary legislation; and in reference to this subject especially, the great principle, so dear to our ancestors, that representation (particularly in the popular branch of the legislative body,) and population, should be invariably and strictly proportionate, ought by no means to be departed from. To give effect to the principle, it is suggested to the wisdom of your honorable body, whether a special session in the winter of 1835-6, be not demanded.

In the absence of any aid from the United States, an appropriate fund having been provided by the concurrent appropriations of Indiana and Illinois to commence the work, it remains only for the Legislature to direct the manner of employing it, and to continue the means of the eventual consummation of the long contemplated and desirable object of improving the navigation of the Wabash River.

To improve and facilitate the means of inter-communication and transportation, is a distinguishing trait in the character of the present age, and we have the further consolation to now that at whatever costs they may have been erected, every work of Internal Improvement in the United States, has added incalculably to the wealth, population and importance of the State in which it has been located. But whatever means of wealth the undeveloped resources of our immense and fertile surface may contain—whatever of patriotism and devotion to the public weal may animate the bosoms of our citizens, (and we are surpassed by none in either respect,) it is of the last importance that our energies should be directed by enlightened judgment and comprehensive views of public measures and private duty. Their absence cannot be supplied by other qualifications, and national calamities will not fail to obscure our political firmament, when the Halls of Legislative wisdom are not sufficiently enlightened to judge of public acts and the operations of Legislation upon our social relations and system of Government. Whatever may be the effects of unwise legislation upon both or either, any evil resulting therefrom an only be avoided by the erection of suitable institutions of learning. Munificent provision has been made for the accomplishment of this object; and it is believed that the interest already accrued on the School Fund, is enough to provide a sufficiently extended system of Common Schools, for the

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instruction of our children and the youth of the country, in the rudiments of a Common English Education, whilst the interest on the Seminary fund is abundantly ample for the incipient steps towards the erection of such buildings and the procurement of such further means as may be necessary to form the foundation of a College that shall be honorable to our State—flattering to our pride—and above all, eminently useful to our citizens. By the prudent use of the means within our power, the integrity of both funds may be preserved, and their increasing amount will, at no distant day, render Illinois as distinguished for the intelligence and learning of her sons, as she already is for those exuberant qualities, which she has received in such bountiful profusion from the munificent hand of her Creator.

The State House at this place, since the last apportionment of representation, is manifestly inconvenient for the transaction of public business. At the same time, I may remark that the appearance of the building is not calculated to add either character of credit to the State. No member of the Confederacy, it is believed, has appropriated so small a portion of the public funds for the erection of public buildings as Illinois. And as citizens of this young and rising Commonwealth, whatever may be our partiality for the various places spoken of as suitable for the permanent location of the Seat of Government, we ought and doubtless do feel a pride which is as laudable as it is necessary, that the State of our adoption should not, in this particular, fall so far behind the example set us by the elder as well as the younger branches of the American Republic. In the neighboring State of Indiana, the liberality and public spirit of its Legislators, has been manifested in the erection of a large and commodious as well as splendid public building; which, when completed upon the plan adopted, will scarcely be exceeded by any similar building in the Union, and will be a monument of their taste and enterprise. I would most respectfully recommend to your honorable body, that a sufficient appropriation for a new State House be made at this session, and such further measures taken as will ensure the erection and completion of a building suited to our wants and necessities.6

Great and abundant as are our natural facilities of transportation and intercommunication, there still remains to be consummated, a work of Internal Improvement of great national as well as local importance—a work which has long been in the

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contemplation of the State, but in relation to which, from the conflicting influence of various considerations, nothing decisive has been done. But now the eyes of the Union are upon us, and we are an object of astonishment and admiration to our sister States. I need not refer more particularly to the contemplated connection of Lake Michigan and the navigable waters of the Illinois river. A bill to incorporate a company for this purpose passed the House of Representatives at the last session of the General Assembly and was barely lost in the Senate. Since that time the subject has been extensively agitated by the community, and the opinions of our constituents in favor of that measure comes to us with unbroken unanimity, and deep will be their disappointment, and abiding their denunciation, should the action of the Legislature fail of being responsive to their wishes and their interest. Of the different methods proposed of effecting this communication, the general sentiment of the community as well as the report of an able Engineer and the experience of other States, seems to be in favor of a “Rail Road.” The comparative cheapness of its construction—its diminished liability to get out of repair—its adaptation to use for a greater portion of the year as well as the greater facility of obtaining subscription for stock and the nature of the ground to be traversed, are among the reasons suggesting themselves to me, by which this mode of communication sustains its preference; which, in the embarrassed State of our Treasury—in the difficulties always attending the process of construction—of obtaining suitably qualified and responsible agents, and the greater economy and despatch of execution by individual companies, indicate the incorporation of a company under suitable restrictions, as the most ready and effectual method of accomplishing this highly desirable and important work—which more than any other cause is to promote our prosperity—advance our wealth and populate our territory. At no distant day, other works of Internal Improvement of equal importance to those sections of the State in which they may be located, will necessarily be constructed. The natural localities of the country indicate their positions. A connecting link of inter-communication between the waters of the Wabash river, and some point on the Mississippi, already appears to excite public attention to its importance. A Rail Road commencing at the intersecting point of the Indiana Canal, on the Wabash river, and terminating at an eligible situation on the western extremity of the State, would per-

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vade a country of great fertility and unequalled adaptation to its construction. A work of Internal Improvement effecting this project, would be on incalculable advantage to a large portion of the people of this State—open a much abbreviated channel of communication to the great commercial mart of the Union—diminish the dangers of navigation and unite us in a more intimate fraternity with our sister States of Indiana and Ohio. Legislative action has already been intimated by an honorable member of the legislature. With that or any other gentleman who may propose a salutary measure upon this subject, in my character of Senator, I will co-operate with great pleasure.

Contrasting my humble abilities with the greater experience, talents and fitness of my distinguished predecessor, I felt unfeigned hesitation in entering upon the duties of the first Magistracy of the State. But the brevity of the period of my official exaltation and the recollection that at the conclusion of that brief period, I should be succeeded by one, in every qualification eminently fit for the station, and who had received a most signal manifestation of his country’s favor in his election, I felt the less unwillingness to assume the performance of these important functions.

Invoking harmony upon our deliberations, and that the results may be promotive of the welfare and prosperity of our State, allow me to subscribe myself, fellow citizens of the Senate and House of Representatives,