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The several senators elected at the last election in the eight senate districts of this State, whose names are designated by an asterisk, having taken and subscribed, before the Honorable JOHN TRACY, Lieutenant-Governor, the oath required by law, Mr. President took the chair. Ordered, That Mr. Edwards and Mr. H. F. Jones wait upon his excellency the Governor, and inform him that the Senate are met and ready to proceed to business.

Ordered, That Mr. Mack and Mr. Fox wait upon the Assembly with the like message.

Mr. Edwards reported that Mr. Jones and himself had waited upon the Governor and delivered the message of the Senate; to which the Governor replied, that as soon as he should receive a similar message from the Assembly, he would transmit a message to both branches of the Legislature.

Mr. Mack reported that Mr. Fox and himself had waited on the Assembly, and informed them that the Senate were ready to proceed to business.

A message was received from the Assembly, delivered by Mr. Cash and Mr. Westlake, informing that the Assembly were organized and ready to proceed to business.

On motion of Mr. Spraker,

Resolved, That the clerk forthwith prepare two slips of paper, one numbered 1, and the other numbered 4, and that Mr. Young and Mr. McLean, senators from the fourth district, draw from said lots; and that the senator drawing number 1 shall be considered as having drawn for the shortest, and the senator drawing number 4 for the longest period.


The slips having been prepared by the clerk, Mr. Young drew number 4, and Mr. McLean drew number 1.

On motion of Mr. Powers,

Resolved, That the clerk prepare forthwith two slips of paper, one numbered 1, and the other numbered 4, and that Mr. Johnson and Mr. Paige, senators from the third district, draw from said lots; and that the senator drawing number 1 shall be considered as having drawn for the shortest, and the senator drawing number 4 for the longest period. Thereupon,

The slips having been prepared by the clerk, Mr. Paige drew ballot No. 1, and Mr, Johnson drew ballot No. 4.

On motion of Mr. Jones,

Resolved, That the clerk of the Senate furnish to the LieutenantGovernor and each member of the Senate, such newspapers as they may respectively direct, not exceeding in amount two daily papers. On motion of Mr. Fox,

Resolved, That the clerk prepare and have printed for the use of the members, a legislative manual, usually denominated the Red-Book. A message was received from his excellency the Governor, delivered by his private secretary, and read, in the words following, to wit:


Fellow Citizens:

Although the aspect of our affairs has in some respects changed during the last year, yet nothing has occurred to interrupt or diminish our general prosperity. Our country sustains the relations of peace and amity with other nations. Our commercial intercourse with them is now better established than at any former period. The prejudices long entertained against our political system have been, in a great degree, removed by its favorable results; and among all enlightened nati ns, our example is now oftener commended as a wise improvement, than denounced as a dangerous innovation upon the customary forms of go


At the commencement of the last session of the Legislature, the public mind was much disturbed in several of the states by schemes then on foot for abolishing domestic slavery. Some undoubtedly embarked in them with good intentions; but it is now more evident perhaps than it was then, that many of the agitators were prosecuting political designs under the mask of pretended philanthropy. As soon as the excitement ceased to subserve party purposes, it began to abate. Although these fanatical proceedings have not been entirely discontinued, they are not now of such a character as to attract much public attention here, or furnish any just cause for alarm elsewhere. The mass of our fellowcitizens, without regard to party distinctions or religious sects, reprobated them, and united in urgent and strong appeals to the agitators to forego their mischievous designs. It was then a matter of sincere regret, that any had given their sanction to measures tending to disturb the friendly relations among the members of our Federal Union; and it is now a subject of congratulation, that, rebuked and circumscribed as these proceedings have been, and I trust will continue to be, by the vigorous and healthful tone of public opinion, there is no longer any cause for disquietude on this account.

It is eight years since the public judgment of the country was emphatically pronounced in favor of a change in the administration of the General Government. A large majority of the nation, dissatisfied with their political condition, concurred in selecting for their Chief Magistrate the eminent citizen who now occupies that station; confidently believing that he possessed the rare endowments so indispensably necessary to effect a favorable change in the adverse current of our national affairs. The extent to which this expectation has been realized, and the various ways in which public opinion has expressed its approval of his conduct, have amply vindicated the wisdom of the selection. It must be conceded that he has managed our national concerns during an eventful period. Questions of the highest importance to the well-being of the country, have been violently agitated; principles that lay at the foundation of the government, have been assailed; sectional interests have been arrayed on the side of false and dangerous theories; a great moneyed monopoly, having vast means at its command, with an unscrupulous disposition to use them in operating upon the hopes and fears of those whose fortunes could be affected by any sudden change in our pecuniary affairs, espoused the cause of the assailants of the ad

ministration, and gave a powerful impulse to their measures of annoyance; our affairs at home and abroad assumed at times a most gloomy aspect; but, amid difficulties the most embarrassing, and obstacles the most formidable, he has pursued his undeviating course, and has finally accomplished all the great purposes rendered necessary to re-establish correct principles, and to give a new and better direction to the policy of the government.

He is now about to retire from public life, and it is not at all probable that any thing will occur to change the aspect in which his character must present itself to the scrutiny, and abide the judgment of future ages. When the passions engendered in our late and severe political conflicts shall have subsided; when personal and local interests shall cease to employ their fallacies to pervert public opinion; when measures shall be appreciated by their remote as well as their immediate consequences, justice will then pronounce an impartial sentence on the merits of his public conduct. With the ample means we now possess of anticipating this decision, we should distrust our own judgments too much, and weaken the just influence of a virtuous and powerful incentive to noble actions, if we could hesitate to believe that his name will stand high on the list of our distinguished patriots and statesmen, and that the record of his public services will constitute one of the most admired and instructive portions of the history of our country.

The recent Presidential Election has produced less excitement than usually attends such a contest, especially when it involves, as in the present instance, a change of the persons to fill the offices of President and Vice-President. This unusual degree of repose in the public mind, is to be ascribed rather to the peculiar attitude in which the adverse parties were placed, than to any want of a proper solicitude in the mass of the people, as to the character and principles of their political agents. The present administration had been so decidedly approved and firmly sustained by the people, that those who engaged in the election with a view to secure to the country the continuance of its wise and enlightened policy, reasonably anticipated a favorable result; while those who designed to effect a political revolution, foresaw inevitable defeat, should the contest be so conducted as to involve a direct expression of public opinion, upon a system of measures varying essentially from that upon which our political affairs had been heretofore conducted. Abandoning all hope of success by the votes of the electoral colleges, they resorted to devices, openly avowed in some quarters, and but poorly disguised any where, to prevent a choice by the electors, and bring it to the House of Representatives, where the relative power of the States would be lost, and the largest reduced to an equality with the smallest. This expedient has been signally defeated, and the public voice, expressed in the most direct and democratic mode provided by the Constitution, has designated as successor to the present Executive, the candidate who was supported by the people, on account of his peculiar fitness to sustain the principles, and carry forward the leading measures of the present administration.

The attention of the Legislature has been repeatedly called to the condition of our judiciary system. Such has been the increase of business in our higher courts that they cannot, as now constituted, prevent con

siderable delay in the administration of justice. Although this evil is more immediately felt by those who are compelled to resort to our judicial tribunals for the redress of wrongs, all classes in the community are interested in providing an adequate remedy. The well-being of society, and the success of all our institutions, depend, to a considerable extent, upon the prompt administration of the laws. This end can be fully attained, only by so enlarging the judiciary system as to make it commensurate with the increase of business resulting from our progress in wealth and population.

It is generally conceded that something must be done on this subject but hitherto all attempts to accomplish it have failed, as I apprehend, by reason of a diversity of views as to the kind of modification that will, in the best manner, accommodate this branch of the Government to the present and future exigencies of the State. Of the several improvements in the organization of the supreme court which have been proposed, that of increasing the number of judges best commends itself to my judgment. The addition of two judges to the present number, would relieve the court from the burden of business that now oppresses it, secure a more speedy decision of causes, and, for many years to come, render it adequate to the public exigencies. If it shall be deemed expedient to make such a change in the court of chancery as will withdraw from the circuit judges the equity business which they now discharge as vice-chancellors, a less number would be enabled to execute the duties which would then be required of them. Five or six would be sufficient, now and for some time hereafter, to despatch all the business that would devolve on them as circuit judges.

In the court of chancery the accumulation of business greatly exceeds that in the supreme court. The delays are here more protracted, and the consequences to suitors more serious. Here too, the difficulties of devising an adequate mode of relief seem to be more formidable. It is, I believe, the general opinion of those who best understand the nature and course of business in this court, that the multiplication of officers subordinate to the Chancellor, will not effectually overcome the present defect in the constitution of the court. To lay any considerable restraint on the right of appeal from a subordinate jurisdiction, might also be but little better than a denial of justice, and would be scarcely more tolerable than a refusal of it, by neglecting to provide tribunals for its prompt administration. If the course of appeal is kept open, we have already abundant evidence that the amount of business, in this way, thrown upon the Chancellor, will be more than any man, whatever may be his capacity of mind, his professional acquirements, or physical abilities, can possibly discharge.

If such would probably be the result of the modification suggested, then there appears to me to be only one other mode of improvement that will be likely to accomplish the desired end; and that is, to provide for the appointment of an additional number of equity judges, to be located in different parts of the State, possessing concurrent jurisdiction with the Chancellor-and to allow appeals to be made directly from each judge to a court of review, without subjecting the new officers to the appellate jurisdiction of the Chancellor. The State might then be divided into

convenient districts, with a Chancellor in each who should have exclusive jurisdiction therein; or, parties might have the liberty of selecting such court as, at the time, should be least burdened with business. The Chancellor and his associates might be organized as a court of appeals, of which he should be the presiding officer. Into this court all equity causes should be brought before being carried to the court for the correction of errors. The right of appeal to this latter tribunal might then be limited to cases of great importance, either in principle or a mount, or appeals might be discouraged by imposing heavy damages and costs upon those who should litigate in the court of the last resort, matters of trifling moment.

I submit these suggestions with some degree of diffidence, knowing that they are open to objections, but in my view of the subject, to fewer in number and less weighty in character than those which present themselves to the other modes of reorganizing the courts of chancery which have been brought under my consideration. The subject is one of great importance. It calls for deliberate reflection, but the public interest also calls for final action upon it. I apprehend that nothing effectual for the purpose of substantial relief can be done without an amendment to the Constitution, and this will necessarily defer for two years at least the completion of any measure you may approve. I commend it to your early attention, in the hope that you will be able to unite on some plan for improving our judiciary system before the close of the present session.

Although I have gone somewhat into detail in these suggestions, I deem it important that any amendments of the Constitution in regard to this subject that you may propose, should be general in their character, laying down only the outlines of the system, and leaving them to be filled up by the Legislature. This is the only certain mode of securing the concurrence of your successors and the people, who must also pass upon the plan which you may recommend; and in this way only can the details be left open to such modifications as time and experience may suggest, without the necessity of again amending the Constitution.

The enterprise and energies of the people of this State, are powerfully directed to the acquisition of individual wealth; and the course of legislation, naturally controlled by public opinion, has been turned to objects subsidiary to this absorbing pursuit. This is not to be regretted, if other great interests, intimately connected with the public welfare, have, at the same time, been properly cherished.

Public virtue and intelligence are better than national wealth, for they are essential to its security and rightful enjoyment. Education in all its branches, but particularly in that which includes the common schools, is the highest object of public concern; and the duty of promoting and extending it, is in all respects, the most important that can engage your attention. The subject assumes at this time a new interest, because more ample means than the State has hitherto possessed, are placed within your control, and may be devoted to extend the blessings of popular education. By the deposite law of the last session of Congress, more than five millions of the surplus revenue of the United States, are to be entrusted to the safe keeping of this State until it shall

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