The Radical from Bowling Green, Missouri • Page 2

itJTtTs answered," it seems no Tight he inquiry, "can the people of Mis-j consequence there is souri elect their representatives by pie districts, in tae present form of act of If the i cannot, md very intelligent ins representatives to tha' Congress citizens testified their belief that they of tho United remains unim-coulJ not by abstaining from voting paired and uncontrolled. our date Congress jever end tlmt -di-wretion shrill lead. lias not "preset ibed the maimer ol I holding the election, uuti uie ouiy eitee. ot their legislation is a command to the Legislatures of theStates, and in the most odious form, for it not only commands them tolegisiale, but to legislate in a prescribed form. It seems to beoi.ly the assertion of a truism to say, thai if Congress undertake to prescribe the when the election shall be held, tiiey must name the day if they undertake to prescribe the they must de-isignateit; and if they undertake to prescribe the and desire single districts, they must establish them.

In a word, if Congress is not content with the legislation of the State; ami desire to alter the same, it must do so in such manner as to enable the people to exercise the right of election, without a resort to legislation. The grontest enemies of the rights of the Slates, and those most latitu-diflouiin their construction of the Fedeal Constitution, admit that the Sovernmont of the United States is one of delegated power only. Ibis be true, may it not be asked where is the delegation of power which authorizes that Government to command the States not only to but to legislate in the form prescribed by Congress? Wheie is the clause of the Constitution that authorize; the Federal Government to transfer its powers of legislation to the States? Such an authority has been assumed, for the first time in tiie history of litis Government, by tiie present Congress. One of the great objects, in abandoning the articles of confederation tmd funning the present Constitution, was to enable Government, by; her laws, to operate upon the indi-( vjdual citizen instead of the States in'their sovereign capacities, the want of which power bad been seriously felt at an early period of the Govern-' nent. Taking it, therefore, for granted, that Congresi cannot command the States to execute a powar, the execution of which has been expressly confided to the General Government, it may be material further to inquire, whether tiie provision of the act of Congress, in relation to districting the States, is not a command to their respective Ijeislatures, and nothing more! In determinig this (juestion.

'it may be proper to notice, to some extent, tho history of this feature of the law. The section, r.s first introduced read as follows: "That each State shall be divided. by the Legislature thereof, into ns many districts, composed of contiguous territory' as shall be equal to the whole number of representatives to which said State may be entitled in tho House of Representatives of the Congress of the United Stales, and that each said districts shall elect one representative." 'This language was plain, unambiguous and undisguised. It was the lanjruage of the mastkh to the servant -Eacli Stale shall be divided hj Ihv legislature thirKoP' By this we know what was intended by the mover. But it would seem that the languase was too plain, too palpable: for, while in the final enactment the substance was preserved, the pecu- liar phraseolo3y was changed.

The foliowing is the language of the second section of the act. as finally a-dopted: 'That in every casa where a State is entitled to more than one representative, the number to which each State shall be entitled, under this apportionment, shall be elected by districts, composed of contiguous territory, equal in number to the number of representatives to which each State shall be entiticl; no one district electing more than one represen tative." In this provision, the bold an I authoritative command, "Each State tihull lie divided by the Legislature thereof," is dropped, but for it is substituted language hich, though equally effectual, is more disguised. Why this change? Why is this indirect substituted for the direct command? It is commanded that the number of representatives, to which each State may be entitled, shall be elected Kl nmi vat nn are formed by Consress. By whom, then, are the districts to be formed? answer of all is, by the Legislature of each State. And why are vthey to be thus formed? Because Congress has commanded it.

Viewing, then, the action of Congress on this subject in tie light of a -command from tht body to the Legislature of the State a command jfhicli jtiader tlic 6onstitution, Con- no obligation to i obey, the of the General 'i sombly 1o exercise its own discretion in retriilulinir tho manner nf ehpos- j.j your legislation upnii the subject it is due to the sovereignty '1 tne State, to the inviolability of the na- tional constitution, and to its correct interpretation, that the Assembly should solemnly protest a-gainst this first and alarming attempt, on the part of the Federal Government, to control, by its mandate, the legislation of the Slates. I cannot pass Iroin this subject, without bringing to your notice the fa-i. that, in the recent congressional election, the freemen of two of the counties of this State were deprived of all participation, by the refusal of the clerks of the county courts to furnish the proper poll books. Directed by law to perform mere ministerial duties, thay assumed the power of deciding upon the of the laws of the State, and holding them to be annulled by the action of Congress, withheld from tiie people of these counties the opportunity of exercising the most valuable of nil privileges, the privilege of voting. It is hoped that the General Assembly will cuard against the recurrence of similar acts of tyranny, anil that they will not do less than declare the ofiiceof clerk forfeited for all similar violations of the elective franchise.

By an act of Congress, approved September 4. 10J1, there were gran ted to this State, for the purpose of internal improvement, five hundred thousand acres of bind, the selection to be made "such manner as the Icgis- Uures thereof shall direct." At the last session of Congress, this act was so far modified that as to authorize the Governor to make the selection without convening the legislature. Tiie grant is unconditional, with the exception of such land "as is or may be reserved from sale by any I iw of Congress, or proclamation of the rrendenl of the United an. I except also that tiie selection i be made upon surveyed land, and in to Cive, quantities ol not less than three nun- iy sutti'-ient tr the payment ot ail its pnssa2t. j-me the non-dred and twenty acres in any one expenses, and has I ecu sitainc.1 by jn-sident delinquent list has swelled to location.

'bR enlightened judgment of the poo- an extent as to embrace thc enor- 1'iitertaining the opinion that, un-' p'c. repeatedly expressed. jmous quantity of more than two millions dertheact. land, upon which pre- I nder these circumstances, and 'of acres, the taxes upon which are un-f million rights existed, could be legal-; hen the national treasury was cv-'pai l. Another of the evils attending Iy selected, but that good faith required that, if anv such was selected, the setttlers should be protected in their rights, I determined, with a view to the expense of selection, and the facility of the sales, to await trie meeting of the legislature, and to recommend that the selection be made in tiie Platte country," and that the law which directed the selection should also secure to the settlers their rights of pre-emption.

But in May last, I received, from the Commissioner of the General Land Olfice, duplicates of instructions to the registers of the land offices copies, of which arc herewith communicated, declaring, under the sanction of the Secretary id thc Treasury, that no land, to which a right of pre-emption existed, could be legally selected and that any such selection would be nullified." Believing this construction of the. law tolm erroneous, I sought, through the medium of our members of Con-o-res. to induce the Secretary of the Treasury to revise his opinion. That officer referred the subject to the Attorney General of the United Stales, and. on the tenth of August.

I received their final decision, adhering to the first construction. Under these circumstances, but without any change of opinion as the construction of the act, I thought it best not to subject tip; settlers upon the public lands to the uncertainty and perplexity of title, and possible loss of their lands, wtiifh ivnulil arise from the opposite action of the two governments, nor' the State to the embarrassment ot refunding the purchase money, in the event the title, derived from a sale bv the general government, should ultimately prevail. On the thirteenth of August, therefore, I appointed an agent in each of the four land districts, to mako selections, and gave them the necessary instructions, copies of which are now also submitted. As I believed it impracticable to execute the act properly and in due time, without the aid of a practical surveyor, I accordingly appointed and directed one to attend eacli commissioner. The following gentlemen were np- pom Li .1 a.

vi uii: i in or the I'M- mvra district, Thomas Nelson, of "7 permit i -r, I myself to entertain a doubt as to the re- Monroe county; for the Fayette of deIibcralion8. tnct, John 1. of lliwnrd county; for the Lexington A contingency has arisen by which Alexander M. Bobinson, of Cia ih nuf' fro.m 1 salu the t- i i i public lands, will be for the present county: and for the Springfield d.s- )reservcJto'the national trcJJ tnct, Charles A. Iladen of Greene considercd it due to you and to our common constituents, that I should sub- 1 he information received in rela- -mu the reasons which controlled my action to the public land, subject to sale jibn, and influenced me in the considera-al the St.

Louis and Jackson office, tion of the subject. mi oftH'ttt in my opinion, justify the appointment c-l an agent in eiuier 01 As-(those districts. he commissioner itKtnlf-fJ trv.c'iosp the h. ve been insiimtM in c.oe tnu iir crm villi in noir hi irimi to mo the quantity selected, by i. I- .1..." .1 jie II.

HIP TOMUIIUI 1AD the session of the islature. In causing the land to bo selecte.i. under the authority of the act "'itrict, the remainder of the land should congress, wmioui convening iue Gener.il Assembly, or awaiting its Without convening tif'lbc subject to entry at the office of the! regular session. I flatter myself that 1 have but conformed my action to the views of the constituted authorities of the State, and to the public ill as heretofore expressed in the resolutions and memorials to Congress upon the subject of the public lands. In justification of this opinion, I wruld respectfully refer to t'ic memorial to theCongieSs of the Uni'ed Stales, approved" February 1839, asking a grant of five hundred thousand acres of the public laud, and urging this donation as an act of justice that would place Missouri, to some extent, upon an equality wkh other States.

which much greater quantities of had been granted the general government. iiut a very different question, to my mind, wns presented in regard to the duty of the Executive under that section of the same act of Congress, which directed that thenett proceeds of the sales of the public lands should be paid such person or persons, as the respective legislatures of the sai I States and Territories, or the Gover- nors thereof, in case the legislatures shall have made no such appointment. snail aunioii.e to receive tho same. A few days after the approval of the memorial of Febiuray lfi.39 aking of Congress the grant of five hundred thousand acres of land, the General Assembly, in a set ies of resolution, protested, in the most solemn manner, against the distribution ol the proceeds of the sales of the public funds among the several States. Ilesolutic'iis, to the same import, have been repeatedly adopted by the General Assembly, while none of an opposite character have ever receiv ed the concurrence of the people ofj this State.

This action of the legis- re wa had at a time when the I revenue of the nation was abundant-! revenue of toe nation was abundant-j hausted when the ederal Govern- the exemption of lan 1 from sale f.r tax-ment was borrowing millions to de- es, is that the quantity returned as defray its ordinal expenses when, toilinquent is increasing, while the amount supply tiie deficiency the roposed ol payments upon such lands is annual- disirthulion ould create. Con-'ress was imp ising heaiy and bunlonsome taxes upon the people, and when lame and increasing pub'ic debt was adding to the responsibilities and burdens of the nation, I could pot bring my mind to the conclusion that the Executive would be conforming action to tne pupi.c will, Py making tile people ot li.e Mate a party to an act which they had d. con detuned, and which was frau-ht mount thereof required to be paid to thc with such serious and mischievous out of thc State Treasury. This consequences to the whole nation. will become in a few years exceedingly Nor were these the only reasons, burdonsomo to the Treasury, which induced me to delay the ap-J By far the greatest portion of thc lands pointment of an agent, and await the upon which thc taxes arc not paid, are action of the more immediate re pre- gowned by non-residents, many of whom sentatives of the people.

The power have purchased largely fir speculation, of the general government, under the the justice of exempting them from constitution, to collect taxes from tho 'burdens imposed upon our own citizens, people, for the purpose of distribu- is not Pwivcd. The only mode of en-tion among the States, has hern 'are- Payment of taxes is Ivy sell-Is' avowed; vet this monstrous PPy the delinquent; and absurd doct.ine rec-ives its practical i mcV' property of execution in the distribution of the rT suLJuct' land revenue. properly of Uie subject to i Jthe jurisdiction of our laws, is exempt or the fi, st the Instory frJ s.d aftcr number our republic, we see the nat of laml) in default of the pay-government, crea ed for very d.lier- mcBt 0f the tax, is declared forfeited to ent purposes, collecting a revenue tl. State; but it is known that this for-from the people for the acknow ledged feiturc is nominal, there being no pro-purpose ot distributing among the vision for its sale bv the thn Stales, thereby degrading them from theirhigh and proud bearing, as free independent sovereignties, to the P.llllllf lOll Of l.iii.il.ln dents. A more humiliating spectacle never was presented to thc eyes of the American people.

The folly and utter absurdity ofthe measure are seen in the notorious fact, that every dollar distributed must be refunded by increased taxation upon the people, attended with the additional st of collection. Thus the act, as a financial measure, is a mere idle ceremony, by which thc money given with one hand is taken back by the other. Whether Missouri shall continue to maintain the high and just position which she has heretofore assumed, is submit ted to thc wisdom of thc General Assem The best manner of disposing of the' l.l el ....1 o' ompensauor. i fiT. maucrs suomuteu to your consideration.

however surest in order to a- 'i i on 1 voiu me great, expense 01 communis' 01-. 1 fi.r i i .1.:. i.m uioillLin ,11 A WCEISU Uiai 111 i rfl.lrk-nn nvnc .1,.,. l.eg-:, one nuhlie -uV to Register of Lands. I trust I may be pardoned the sugges-; duties, ion, that if there are any persons who From the mflnence of mtcrestecT conn-have settled upon any of the larid select- sels, or a mistaken sense of duty, the as ed, they be protected in the purchase scssors of 4.1 oountics failed to execute of their homes at the ininimun price of, the act imposing a tax upon money loan-the public lands.

The faverable coasid- cd at 'Merest, and money invested in the eralion which the settlers have ever received at the hands of the General Assembly of Missouri, forbids the idea that they will be overlooked in this instance If it is desirable to appropriate the proceeds of the sales of the selected lands to internal improvement, as provided in the grant, I would respectfully submit the expediency of applying a portion thereof to the improvement of the navigation of the Osacc and N. Grand rivers. While the greater number ofj our citizens are supplied with ample water communication by means of the Missouri and Mipsissippi rivers, nearly the whole of the south-western portion of the State is dependent upon the navigation of the Osage, which, while unimproved, can only be available, to any considerable extent, for a small portion of the year. If, however, it shall be the pleasure of the legislature to divert this fund, or apportion of it, to objicts other than those contemplated by the grant, it will be ne cessary (o obtain the previous assent of Congress. I invite the attention of the Legislature to the existing laws for the collection of tho tax upon land, and respectfully suggest such modifications as will equalise the burdetisbetwecn resident and non-resident proprietors and insure the more prompt payment of the taxes.

While the personal property of the resident is liable to be. seized and sold by the collector in default of the payment of the tax upon his land, the non-resident is exempt from all distress, on that recount, and is allowed years, within which discharge his liabilities to the State. One of the evils of the present sys thc iirc I10, since tem is the inr.rfn.iirifT nfinntiSv ImthI 'J in prooi oi mis i uium only state the fact, that, of acres returned in the taxes upon acres thereof have been while of 05.02t! acres returned in es have on'y been paid upon acres. i Another imperfection of the system is found in the fact that all the lauds wich become forfeited to the State for the pon payment of the taxes, are subject to tax- anon ior county purposes, and me a- legislature extending the lime ofits re- dcmption from year to year. The effect of the whole system indeed seems to be but little less than an exemption of the land of non-residents from taxation.

In connection with this subject, I would respectfully suggest that the expenses incident to the assessment and collection of thc revenue, might be considerably reduced, and the taxes more properly adjusted, by slightly increasing the tax upon land, and exempting from taxation such poi lions of personal property as are unproductive to the owner. In thc course of thc present year, much embarrassment has btcn experienced in the collection ofthe revenue, in consequence or the failure of several' of the sheriffs to give bond as required by As the sheriffs arc inelligihlc at thc expiration of their second inrm thc only penalty for a failure to give bond is a ioncirurc oi tne ollice, they delay, in many instances, to give bond until thc termination of their ofllee, and then, when there is nothing to forfeit, utterly refuse to enter into the required obliga tions. To remedy this inconvenience, and to compel such oflieers to perform their amies, suiianie penalties should be imposed, and if it is thosicrht best, let th lies of the collector commence upon the JT- i coining uuy ouice oi mo new sheriff, in stead of on" the first day' of January, as U1 iff0 onerous, the county courts of all Hnbn nminllM fAnrUra IhP her. rntllil hl In nn- i i nnint a collector. The law rcsulatintr the duties of as scssors is defective, and rcduiresamcnd- mcnt.

The penalty ol the bond, winch they arc required to give, lias proved wholly inadequate, in many instances, to 1 cnlorce uie proper performance oi ineir purchase of bonds and notes, for the year 1841. This failure Was the less excusable, as the Auditor of Public ActouiiU furnished the Assessors, in due time. with the proper construction of the act, and informed each that it as lo be executed for that year. In some of thc counties there has been a failure to execute the act for the present year. If it is desirable to Icrie revenue from thc objects mentioned in the act and it is presumed that none ill insist that the money lender should be exempt from a tax upon his capital, while property less productive is taxed in the hands of the poorest citizen justice requires that those counties which were not assessed in 1841 and 1842, should be assessed for those years.

If this is not done, thc counties which have been assessed for those years would seem to have a just claim to be reimbursed the amount they have paid into the Treasury; and this cannot be done a breach ofthe public those funds having been set apart and pledged for the payment ofthe interest upon the bunds authorized to be issued at the la: session ofthe Legislature. The act, it is believed, will not be properly executed, unless the persons as sessed arc required to disdose, upon oath, the amount loaned at and invested in the purchase of notes, iur there be an uniformity ol assessment, unless il is made the duly of the assessors to conform to the instructions ol'ihe Au ditor, at the peril of removal from office. the Auditor i.l, in duo time, furnish a with a list of the counties in which there hai been a failure to execute the aci. If the pre ent revenue laws are not revised and corrected, the financial affairs ofthe State will be subjected to great embarrassment. By thc fifth section of thc "act supplementary to the several acts, providing for the levying, assessing and collecting the revenue," approved February lb 1S-11, it was made the duty of llie Executive to employ counsel to institute suit, in behalf of S.

Gregory, late collector of Clark county, against those persons by whom he was arrested and imprisoned, while in the discharge of the duties of his office. I did not doubt, from thu several provisions of the act, that the object of the Legislature was to obtain the decision of the Supreme Court of thc I Masts, upon the of boundary between this State and thc Territory of Iowa. With this view of the subject r.t the law, I employed thc lion. J. tike Lawless toinslitute the proper suites, in thc event there was a certainly of obtaining such decision.

Judge Lawless, after an interview with Mr. Gregory, and a full investigation of the whole question, gave it as his opinion that there was no certainty of obtaining a decision by the Supreme Court, upon ihc question of boundary, and in this opinion I fully concurred. Tho opinion of Judge Lawless was predicated upon the facts, first, that as the sheriff who arrested Mr. Gregory resided in Iowa, Ihc suit against him would have to be instituted in the courts of that Territory, and there was no certainty that his plea would be so shaped as to present or admit of being presented, the question of boundary, the Governor of that Territory having declined any aid in producing that result. Sco-ond; It was extremely doubtful whether, if thc suit was determined againt Mr.

Gregory in the Court below, he could make the affidavit necessary to its removal into the Supreme Court. Indeed, it was believed that he could not. In addition to these facts, I believed it highly probable, the trial necessarily occurring before an Iowa jury, that the defendant would rest his deference upon the plea of not guilty, and rely upon a verdict for nominal damages. But conceding that he would so shape his pleas as lo admit of thc question of boundary being replied by the plaintiff, yet that being in part a question of fact, it was to be presumed an Iowa jury would decide it against us, and the refusal to grant a new trial not being considered by thc Supreme Court matter of error, we would still bo without remedy in that court. These considerations induced me not to incur the expenses incident to tho prosecution of a suit, without the further sanction of thc Legislature.

For the professional services of Judga Lawless, thero has been allowed and paid the nun of two hundred dollars. He, however, considers this amount an insufficient consideration; It will afford me pleasure lo furnish any information in my possession which may be considered necessary to aid you in the consideration of this question. Since thc passage of thc Jaw. under consideration, the House of Representatives of tho Congress of the Uniimt States have deemed it within their com petency to declany lawre to'ffary between this State and the Territory of jlowa. The bill, however, did not become a law, for the want of the action of thc Senate.

Satisfied that Congress has no power to alter the boundary of I any Slate without the assent cf such State, the only effect, if any, such a dec-( laralion could have, would be to infln-, ence thc judicial tribunals before which thc quest ion of boundary might come. Surely, Congress cannot desire, i- Uu indirect mode, to forestall ihe judgment of its own coifrts. Let thc considerations, however, which controlled the House cf Representatives, be whatther may, the State owes it. in herself to remonstrate against any it- tempi, on uiu pari oi uongress, to deprive l.er, ii. any manner, cf any portion-of her territory.

The attention of the General Assem'-bly is especially invited to 'the provisions of the "act to provide for the institution and stippoit of a Slate -Universlr ty, and for the government of colleges teadc mies," and to the propriety of such modifications of llie act as will bring Ihe institution, in its government, more within the power and control of the Stale its patron and founder. It certainly never could have been the design of ihe Legislature to place the government and control of this institution, which has received- a public endowment of one hundred thousand dollars, in the hands of men wholly irresponsible to the State. Yd such are thc provisions cf the law, that the curators, who are cheson by, and are responsible to, llie General Assembly, have no voice in the appointment of a single Professor, thtir powers being exhausted in Ibe appointment of a President of the 'University. The appointment of Professor is claimed mil exercised by the Trustees of College a private institution, incorporated long anterior to the establishment of the University a body of men responsible to no power indeed, a self-erpclualiiig body they having a right to their own successors. However intelligent and competent such a body of men may be, yet it is inconsistent ith the nature of a State institution that it should ever be committed to bands over whom the Stole has no ccntroLand in whose selection it has uo voice.

The expediency of the organization and government of colleges and academies, separate and distinct from the government of the University, is exceedingly questionable, and it is believed that portion of the law may with propriety be repealed. When this is done, and the curators arc empowered to employ the necessary professors, confer the usual boners, and prescribe the course of study, the university will become, what it was designed to be, a Slafe institution. The future management of the penitentiary will be an important subject for your deliberations. The Itrm of, the present lessees ill expire on the fifteenth of February r.cxt, and it is important that a system for its government should be matured by that time. It is scarcely to be presumed that thc General Assembly ill again place this institution under the management of private individuals, without reserving to tho State an efficient control over those having it in charge; and such control cannot be efficient, unless it embraces the power of removal for a disregard of du-t or a violation of thc law.

Whatever system may be adopted, I would respectfully urge the propriety of confining the convicts to labor witl.hi the walls of the prison. A contrary policy is at war with the nature and design of the penitentiary system. The present mode of employing the convicts in thc various mechanical branches, is highly injurious to a most useful ami meritorious class cf citizens. It is believed that a very large proportion ofthe prisoners can be more profitably employed in the manufacture of seme ofthe staple products of the State, thereby affording a market for the farmer, without prejudice to thc mechanical interests of any portion of the State. A strong inducement to an economical administration of the affairs of the penitentiary, would be found in making the compensation of the keeper payable, to a certain extent, out of the nett proceeds of the institution.

It will be necessary to make provision for the erection of an additional number of cells, as the present number is fur exceeded by the number of convicts. I would suggest the propriety of so constructing them as to admit but one convict, the association of the prisoners being deleterious to their morals, and prejudicial to their management. Within the last four years, the convicts have increased, from 41, to one hundred and fifty, and they are still rapidly increasing. If the future policy cf the State shall require the permanent continuance of the penitentiary system, the period is not remote when it will become necessary to provide for the erection of an additional institution of this character. When this necessity shall arise, the interest of (he Stale, it seems to me, would demand its location in the vicinity of St.

Louis. It is certain that the convicts could be much more profitably employed near that city than in thc interior of the State, and it is believed, that the amount expended in transporting the convicts from Louis, whence most of them come, to the seat of Government, would go far towards the erection of the new prison-' 1 The concentration of the sessions of the Supremo Courts at 6ne point, "has been a subject of frequent discussion and.