7,211 1,576,546 70,011 2,993 4,571 712,363 40,980 746 11,782 2,289,309 110,991 3.739

7,583 1,647,009,75,445 3,003 4,583 706,486 40,886 412 12,166 2,353,495 116,331 3,415

MESSAGE

OF GOVERNOR PENNINGTON OF NEW JERSEY.

Transportation Company, and also between the State and the New Jersey Railroad and Transportation Company, which will require the attention of the Legislature. They arise upon the extent of the claims of the State for transit duties, and per centage on the transportation of passengers, reserved in their respective charters. I do not call it a conGovernment-Constitution-troversy, because it results from a difference of opinion be

To the Legislative Council and

General Assembly: Veto Power-Branches of

Chancellor.

By the Constitution of this State the power of legislation
resides exclusively in the Legislature. To representatives
elected annually, and coining directly from the people, with
a full knowledge of their wants, it was wisely thought might
most safely be deposited the great interests of society. While
by the Constitution of the United States, and of several of
the States, a restraining power over legislation is conferred
upon the Executive, ours happily gives him no negative
upon the acts of the Legislature. The exercise of an au-
thority by which the will of the people and their representa
tives may be defeated, must be at all times unwelcome, and
considering the character of our institutions, it is matter of
some surprise that such a prerogative should ever have been
engrafted upon them. That a Constitution like that of this
State, framed amid the convulsions of a revolution, and in-
tended only to serve in an emergency, should have proved
so salutary, and secured for so long a period the essential
rights of the citizen is a circumstance worthy of our special
regard. It contains but twenty-three short sections, one of
which bears evidence of its having been designed only as a
temporary measure, by providing that in case a reconcilia-
tion take place between Great Britain and the Colonies, the
instrument shall be null and void. While it is perhaps less
adapted to our present circumstances and the advance of
society, yet I am inclined to doubt whether a convention at
this time would be likely to frame one more satisfactory or
beneficial to the people. The simplicity of the instrument
is commendable. The Executive, Legislative and Judicial
departments, are sufficiently defined, and are generally, it
may be said, satisfactorily arranged. Its worst feature is
that which unites the offices of Governor and Chancellor in
the same person. The Chancellor by reason of the nature
of his functions, and the increase of the business of his court,
should be a distinct and permanent officer, wholly withdrawn
from political influences. This change, which I have no
doubt would be generally approved, might well be made by
a public act, after its provisions should be ratified by a vote,
of the people. I feel no personal desire that even this change
should be made, and merely suggested it on a former occa-
sion from a sense of its obvious propriety. Although the
subject met with favor from the Legislature last year, it was
then deemed most expedient not to act upon it, from a sug-
gestion that there was a growing disposition, in some parts
of the State, for a Convention to frame a new Constitution.
Far be it from me to interpose any objection to such a course,
if the people desire it; but yet for myself I believe it safer to
submit to the inconveniences of our present charter, rather
than to incur the hazards of a radical change. In some of
the States where the experiment has been tried, it is no com-
mon thing to hear the earnest wish that the old order of
things were restored. It is confidently believed, that no com-
munity suffers less inconvenience from their State institu-
tions than the people of New Jersey. They enjoy the pro-
tection of wholesome laws, made by representatives of their
own choice, and administered in their respective counties by
officers appointed by their authority; and that, too, at a small
expense. The taxes are moderate, and the whole amount
paid annually, in the form of salaries to the officers of the
State Government, as will be seen by the Treasurer's state-
ment last year, is only $13,720. A change of Constitution
might better our condition, but it would be an experiment,
and the result at least doubtful.

Questions between the State and Camden and Amboy Rail
road and Transportation Company-State and the New
Jersey Railroad and Transportation Company.
There are questions of some importance depending be-
tween the State and the Camden and Amboy Railroad and

tween the officers of these companies and the officers of the State, as to the true construction of those acts, and from no disposition, as I am assured to avoid on the part of the companies a faithful discharge of their liabilities to the State. It is proper that the subject should be adjusted, and the right ascertained. The State can have no disposition to encroach upon the companies, but her just claims against them must be insisted on, and it will be your duty, representing her interests at this time, to see them maintained and recovered. The questions affect the revenue of the State, and should therefore not be passed by.

By the act of March, 1832, provision was made for securing to the Delaware and Raritan Canal and the Camden and Amboy Railroad and Transportation Companies, (which companies had by an act of the preceding year been united into one.) the exclusive right, during the continuance of their charter, of transporting passengers and merchandise by railroad between the cities of New York and Philadelphia. The act declares that no other railroad should be built between those cities, to compete with the companies named, without their consent, reserving only to the State the right to grant a charter for a road between New Brunswick and the Hudson, which reservation was doubtless made from the fact that an application for such a charter was then pending, and which became a law in a few days thereafter. By this act great power was conferred, no less than the entire and exclusive right of way, by railroad, across that part of the State over which not only the travelling between the two great cities of New York and Philadelphia, but from all parts of our extended and rapidly growing country, must pass. The company, as a compensation for this important grant, agreed to transfer to the State one thou-and shares of the capital stock of the companies, and further stipulated that the dividends on that stock, and the transit duties on the road, should amount to $30,000 annually. The dividends and transit duty do not, of late years, amount to that sum, but there is a deficit of several thousand dollars, and yet under the guarantee the companies are bound to pay the full amount of $ 0,500. This stock was transferred and is still the property of the State, and the $50,000 are annually paid into the State Treasury.

Had no subsequent acts been passed, the present difficulty would not have occurred, but the Legislature, by the act of March, 1837, authorized these companies to erect a railroad from Trenton to intersect the New Jersey Railroad and Transportation Company, and reserve to the State the same transit duties as were reserved on the road from Camden to Amboy. This transit duty the companies claim the right to carry to their account, to make up the $30, 00 for which they have given a guarantee to the State. The effect of this is to deprive the State of all transit duty under the act of 1837, until it shall amount to more than the deficiency un der the first act required to make up the $30,000. The loss to the State by this construction will be several thousand dollars annually.

I think this, from any view I can take of it, a perfectly plain question, and that the transit duty under the act of 1837, must be paid, independent of any provisions in the act of 1832. They have no connexion with each other, and must stand on independent grounds. This would be the construction if there was nothing in the last act upon the subject, but the fifth section of that act decides the question by declaring, that nothing in that act shall impair the right of the State to the shares it then held in the companies, or the interest or dividends accruing thereon, and to the transit duties for the transportation of goods and passengers, but that the State shall be and remain entitled to their said rights, privileges and emoluments, as fully as if this act had not been passed. This is the first question depending between the State and these companies.

The remaining question with the Camden and Amboy Company is of much less consequence, yet it is right and proper that it should be adjusted and put to rest. The companies insist that by the 23d section of the original "act to incorporate the Camden and Amboy Railroad and Transportation Company,” passed 4th of February, 1830, the 3d section of the act of February 4th, 1831, and the 3d section of the act of 15th of March, 1837, they are bound to pay a transit duty only upon such goods and passengers as are brought from, and destined to, places beyond the bounds of this State. I do not perceive by a recurrence to those acts, that there is anything to limit the transit duty to the decision of the question, where the goods or passengers come from or are going to, provided they pass over the road from South Amboy to Bordentown or Camden, or from New Brunswick to Trenton.

views of the question be right, the State is losing a considerable income which belongs to her, and which if we did not enforce, we should be unfaithful to the high trust which is confided to us.

This is not a new subject, for it has received more or less consideration from the Legislature during the last and the preceding year, but as different views were taken of the right of the State, I have thought it my duty distinctly to call your attention to the subject. The late Attorney General has expressed an opinion very much in accordance with those here given. I have been furnished with the views of the respective companies on these questions, and as it will enable you to see the grounds on which they act, and may aid you in coming to a just decision, I subjoin the reports which they have made to me for your consideration. Having discharged my duty in presenting this subject, it will remain for you to take such action upon it, as shall in your discretion seem most wise and proper.

Morris Canal and Banking Company.

The Morris Canal and Banking Company, I regret to learn from the Treasurer, have not paid the tax due from that institution to the State. They insist that as they have not employed their capital in the business of banking, but have expended it in the canal, they should not be compelled to pay the tax. This is a subject on which the Treasurer has no discretion, and he has therefore taken legal steps for its recovery, properly leaving the parties to make their application for any relief to the Legislature, where alone it can be afforded, if it shall appear to be due.

Banking System.

The questions with the New Jersey Railroad and Transportation Company, are of a somewhat different and more doubtful character. The first refers the time when, by the charter, they are bound to pay a tax of one-quarter of one per cent. upon their capital stock. The language of the 18th section is that from and after the completion of the said railroad, and after the expiration of five years, the said corporation shall pay into the Treasury of this State, yearly and every year, a tax of one-quarter of one per cent. upon their capital stock paid in," and after ten years the tax shall be increased to one-half of one per cent. Is this tax of one quarter of one per cent. payable at the completion of the road, or in five years thereafter? It seems to me that the Legislature intended to name five years for completing the road, and that the company should pay the tax at the end of that time. That no tax should be demanded while the road was in progress of building was reasonable, and it was The banking system has become incorporated with our also proper that time for its completion should be allowed, institutions, and is deemed indispensable to any community but it is not so obvious that the State should wait five years where business is conducted upon credit. When confined after such completion; nor do I think such is the intention to its legitimate objects, and in the hands of honest and pruof the law. The remaining question arises under the same dent men, it subserves the best interests of society. But the section which provides" that in addition to the tax, if at any usefulness of banks depends mainly on the integrity, circumtime thereafter any railroad should intersect or be attached spection and intelligence of the persons to whom this manto this railroad so as to make a continued line of railroads agement is entrusted. The object of affording security by carrying passengers across the State of New Jersey, between restrictions upon a charter, has proved fallacious, and expethe States of New York and Pennsylvania, then the Trea- rience has shown that we must look to other grounds for surer of the Company is required to make return of the num- protection. While it is true that adversity may befall an inber of passengers and the number of tons of goods transport- stitution in the best hands, the personal responsibilities reed over the whole line of the road, and to pay to the Trea- ferred to, constitute after all the surest source of security.surer of the State at the rate of eight cents a passenger, and The past few years have proved disastrous to all the busitwelve cents for every ton of goods so transported thereon ness interests of the country; the rich have been made poor, in manner aforesaid." The question is made upon the and the most prudent have been overtaken in their caution. words, the whole line of the road." The company have a These embarrassments have naturally and unavoidably afdepot at the city of New Brunswick, but their road extends fected the banks of the country. I feel a just pride, however, almost two miles further towards the city of Trenton, and it in saying that, considering the times through which we have is contended that for goods carried from Jersey City to New passed, the banks in no State of the Union have sustained Brunswick they are not bound to pay any transit duty, be- themselves better than those in New Jersey. As a general cause that is not the whole line of the road. The charter rule, there is no doubt the officers and directors do all in of the company authorizes them to construct a road from their power to maintain the credit of their respective instituJersey City to the city of New Brunswick, and it is under- tions. Located as we are between the two largest cities of stood that the chartered limits of the city of New Brunswick the Union, we cannot fail to be more or less affected by their extend as far south as the termination of the road, but in the course in many operations, and when that is opposite, it folcase of goods unloaded at New Brunswick they claim an lows that the eastern and western sections of the State are exemption from the demands of the State. The words of placed in different positions. This is peculiarly the posture the charter justify this construction, and I cannot but think of affairs at present; the banks in the city of New York pay that such is the true spirit and intention of this section. In specie, while those in the city of Philadelphia do not, and construing statutes we must look into their spirit and object. the banks in this State plainly show the influence of their This tax was not to be imposed until a road should be built locality. It is obvious, therefore, that one rule applied to all intersecting the New Jersey Railroad, and then only on goods the banks in the State, would operate somewhat unequally, passing over the whole line. I incline therefore to believe though it is in the highest degree desirable that one rule, that the company is right in this particular, and that it is not and one only, should prevail. In reflecting upon the relative bourd to pay for goods and passengers unless they go over position of our banks I have felt it to be very difficult to dethe whole line. This exemption, it will be observed, is only cide on the true course to be pursued. On the one hand a claimed to passengers and merchandise that stop at New prompt return to the payment of specie is of the first conseBrunswick, and can affect only a minor portion of their bu-quence to the credit of the State and her institutions, as well siness for all the charges on passengers and goods that do so pass over the whole line, which embraces the large amount of their business, the company have paid with prompt

ness.

I commend this subject to your attention, from no desire to exact for the State anything more than is her due. If my

as to the business of the country, and on the other hand I cannot shut my eyes to the fact, that a too precipitous action may, as we have seen by the experience of other States, retard rather than advance the time for resumption. No other idea can be entertained by any other mind than that of returning to specie payments. It is the basis on which the

most important interest will receive your fostering care, as it is certainly a subject of primary importance to the State and society at large.

Resolutions of the Legislature of Massachusetts.

whole system rests, and there can be no security to the public in any other course. The only question is, whether the position of the banks is such as to justify further indulgence, and upon that subject I repose with great confidence in your discretion and prudence. By the returns which the banks are to make, you will be able to judge of their present conI herewith transmit resolutions of the Legislature of Masdition and course of business, and from its acquaintance with sachusetts in favor of restricting the eligibility of the Presi the various districts of the State, the Legislature can justly dent of the United States to a single term, and in favor of a estimate whatever necessity exists for further indulgence to law of Congress directing the election of electors of Presi those which continue in a state of suspension. The end to dent and Vice President to be held on the same day in all be obtained by a resumption is so desirable that it should be the States, and also in favor of distributing the proceeds of insisted on at the earliest day consistent with the ability and the public lands among the several States. These resolusecurity of our institutions. Until such resumption shall tions were adopted in March last, but this is the first oppor take place, there is an obvious propriety in limiting the cir-tunity I have had of presenting them, and I do so now, alculation of the non-specie paying banks to a reasonable though in the meantime Congress has acted upon the subamount according to their capital. The laws as they now ject of the last named resolution in conformity to the wishes stard, require from all the banks payment of their debts in therein expressed. specie, and the acquiescence of the public in a deviation from this rule furnishes an assurance that hitherto its necessity has been appreciated.

Condition of the Treasury.

The Treasurer, under the act of 1838, will lay before you as soon as his accounts shall be audited by a committee, a particular statement showing the condition of the Treasury, and of the School Fund. I do not suppose this statement will vary much from the one made last year, or that you will find in these accounts anything beyond the ordinary disbursements provided for by law. The fiscal concerns of the State, are happily simple and limited, and will require very little attention at your hands. While it would be gratifying to dispense with the ordinary State tax, small as it is, yet I am satisfied it cannot be prudently done at present. If the distribution of the proceeds of the sales of the public lands shall be made to the different States, as contemplated by the wise and just provisions of the Land Bill passed at the late session of Congress, I anticipate a sufficient receipt into the Treasury after that time to dispense with further taxation, and if that course should then be approved, to carry into effect several objects of a humane and philanthropic character, which I know are much desired by our constituents. When the money shall be received, it will then be time to legislate upon the subject.

State Prison.

I enclose a report from the Keeper of the State Prison.It will be found very satisfactory, and exhibits on the part of the keeper a commendable enterprise in that arduous and The number of prisoners in confineresponsible station. ment is 151, being one less than last year at this time. He reports the prison to be out of debt, with a surplus on hand of $1,272 60. He has adopted the true system of making all his purchases for cash, and his sales also, except to known and responsible contractors. I refer you to this report with pleasure, and with the expression of my conviction that the faithful and assiduous labors of the keeper have given him an honorable claim to your confidence and favor. The number of pardons during the past year is stated to be 13. It is proper to remark, that cases not unfrequently occur of convicts who come to the prison with broken constitutions, from previous habits of life, and the severity of continual solitary confinement is sometimes such as to require a pardon to save their lives. The keeper further reports that during the eight months he has had the charge of the prison, its operations have produced a nett profit, beyond its expenses, of more than five hundred dollars a month. This is the most favorable result that has yet been attained, and convinces me that its affairs have been administered with praiseworthy energy and economy. It should always be borne in mind that in none of the accounts which are exhibited of the prison, are the salaries of the officers included, or the repairs and alterations in the prison itself.

School Fund.

The Trustees of the School Fund will present their report during the Session, when such suggestions will be made on that subject as may be deemed necessary. I trust that this

Quarter Master General's Report.

The Quarter Master General's Report also accompanies this communication. The public arms will be found in good order and ready for use, though it is to be hoped that the day may be far distant when any necessity for such use shall arise. The recent disposition of the McLeod case has happily removed one of the irritating causes of dispute between this country and Great Britain, and we look with earnest hope to the pacific disposition of their respective governments, for an amicable and satisfactory adjustment of the long standing controversy concerning the North-Eastern Boundary. The feelings and the interests of both countries are alike opposed to a disturbance of the amicable relations which now happily exist between them, and a resort to arms for the adjustment of conflicting claims, which were better settled by negotiation, is, I am fully persuaded, strongly deprecated by the great body of the people in both.

Suit to try the title of the Proprietors of East New Jer

sey.

There is a suit pending in the Supreme Court of the United States, to try the title of the Proprietors of East New Jersey, to the lands covered by water, in this State. The Proprietors claim to have the right of soil in all the navigable rivers, and in the bays and arms of the sea; and, as you will perceive, it is a case which reaches our oyster grounds, our fisheries, and our power to build wharves and make docks. This cause is of the first importance to the people of the State, and the claim should be resisted in every legal and constitutional manner. I enclose a full report of this subject, made to me by one of the counsel on the part of the State, which will explain the situation and character of the case. It will be necessary that you make a suitable appropriation for the argument of the case, the present winter.

Pilotage.

The Report of the Board of Commissioners for Pilotage, is herewith submitted. This report confirms the opinion I have heretofore expressed to you, that the business of the board is conducted with an energy and usefulness in the highest degree commendable.

to you

As no subject of a political character seems likely to disturb the harmony of your session, I cherish the hope that you will be able to discharge the responsible trust confided without any unnecessary delay, and bring your labors to a speedy closc. I respectfully suggest that a return to the former usages of holding but one session is desirable and in accordance with the wish of your constituents. It is my present desire, Gentlemen, that your deliberations may result in promoting the best interests of the people, and that the same kind Providence whose protecting care has ever been over us since we became a free Commonwealth, and in whom is all our hope, will still continue to bless and prosper our efforts for the security and advancement of our common country. WM. PENNINGTON.

TRENTON, October 26, 1841.

Public Schools in Connecticut.

The system of public education in New England has been generally viewed as very perfect. We observe, however, from the following report, that it also has its imperfections; the remarks appended to the table point out some of them, and may furnish useful hints to other states engaged in the noble work of education.

Extracts from the Annual Report of the Board of School
Visiters of the First School Society, Hartford.
The following table exhibits the general condition of our
common schools in several important particulars. The
widely differing circumstances of city and country, has led
to a classification of the facts in this report.

Country Dis. City Dis.

(1.) This number is large, but as the return is made under oath, it is to be supposed, it includes no person who is residing in any district to attend private school, or for other temporary purpose.

(2.) The boundary lines of school districts are not clearly defined in some cases, and in others, divide property in of laying a property tax on the principle now laid down in such a manner as to increase unnecessarily the difficulties the school law. This can all be remedied by instructing the Society's Committee to re-adjust all the lines, and enter a description thereof in the records of the society.

(6.) This includes the African School, which numbers about 60 children, and is in a very good condition. The colored population of Hartford contribute more to support the school in addition to their proportion of the money, which is $223, than any district out of the city.

(4.) It does not include the children of the Orphan Asylum, or those in charge of the Female Beneficent Society. 2226 If it is deemed advisable to educate these children in their 116 several institutions, they should receive the benefit of the 3 public money, which is drawn by the South District on their enumeration. It is thought, however, that it would be as 12 well to send such as are old enough, to the district school, that they may grow up and be educated like other children. (5.) The change of teachers from male to female, and the employment of different teachers every summer and winter, result in a loss to the country districts of at least two months each, out of the nominal school year. To enable these dis tricts to continue a well qualified teacher the year round, 5 the society should appropriate the requisite sum in addition 5 to the avails of public funds.

980 869 837 C07

3

(6.) Two of the country districts have continued their female teacher through the year with manifest advantage. $800 (7.) In two districts the school is continued no longer $400 than the public money will pay for because the expense will fall on about one half of the families, as the capitation tax of $54 the others will be abated. In consequence of this, the form er support a private school, as soon as the public school 14 closes.

13

12

(8.) The quarter bills are 50 cents for the primary departments, $1, for the secondary, and $2, for the higher, in each of the city districts.

$250 (9.) To meet these abatements, it is necessary to make $150 the quarter bills as large again as would otherwise be necessary. These abatements should be paid out of the com$19 mon treasury, as a common burden. As it is now, it falls on some who are just able to pay their own school tax.

66

"lowest 66

66

$72

66

average rate of, per month boarding themselves....

$7 44

5

66

66

in summer

4

54

(10.) Among those who pay are included at least one hundred, who only send apprentices or young persons employed in the family, while their own children are sent to 2882 private schools. Of the $32,000 of grand list, one half of it at least belongs to such parents or guardians. Nine-tenths 474 of all the property of the city is owned by persons who pat$207,000 ronize private schools.

(11.) This tax is nearly equal to the State, town and city tax, on the same property.

(12.) The visiters are not prepared to say, that the private schools as a class are better than public schools, and yet 320 the plea, with most parents is, that they are better, or at least, less objectionable than the latter. Only five of these 4 schools are kept in appropriate buildings, the remainder are in small chambers of private houses, or in stores, up one or 3112 two pair of stairs, without any adequate means of ventila1700 tion, light, or uniform temperature and with wretched seats and desks. There are no playgrounds except the sidewalk 341 or appropriate out of door arrangements attached to one half of them.

433

$32,000

5 per cent.

21

611 $8 to 16

10,000

(13.) The age of most of the pupils, and their studies indicate the deficiencies of part of our common schools. A large proportion of the children are young. Their parents object to their going to the public schools, situated in many cases, at a great distance from their rooms and thronged with children. To do away with these objections, and indeed to lay the foundation of a system of public schools, broad enough to meet the wants of the whole community, Primary schools must be planted in every section of the city where there are fifty or sixty children, and in these schools must