to comply with the provision of the constitution which has been quoted. Occasions may arise, when it might be of the utmost importance to the interest of the State for the Governor to be officially informed of the condition of public affairs, under the control of officers of the Executive Department. The framers of the constitution seemed to have acted under such an impression, and, it is believed, that you will not fail to consider maturely and properly act upon the subject.

The late Auditor resigned, and, under the appointment of the Governor, William R. Miller was commissioned and qualified on the 16th day of Sept., 1854, only twenty-four days before the time fixed by law for the Auditor to deliver his biennial report to the Governor, yet notwithstanding the shortness of the time, he prepared and rendered his report on the day designated by law.

Since the last session of the General Assembly, the Executive of this State has demanded of the executive authorities of other States, to which they had fled, the surrender of fourteen fugitives/ from justice, who stood charged with committing crimes, such as murder, arson and forgery, and had fled beyond the jurisdiction of this State, before the present executive came into office. Of the fourteen so demanded, twelve were surrendered, brought back, and delivered to the proper authorities of this State for trial. In every State upon which a demand was made, the Executive authority was commendably prompt in complying with the demand made under the constitution and laws of the United States. But in the State of Texas, after the Executive of that State had issued his warrant and caused to be arrested a fugitive who stood indicted in this State for the crime of forgery, the Supreme Court of the State of Texas, by a writ of habeas corpus, took the prisoner out of the custody of the officer who had arrested him, and, as outrageous as it may seem, turned him loose so that he might escape, and upon the bare pretext that the warrant of the Governor of Texas, by authority of which the fugitive had been arrested, was informal. This court also refused to hold the fugitive in custody until the Governor of Texas could issue a new warrant, in such a form, as the court had intimated that they themselves would consider legal. This refusal was made, too, after the agent of this State had caused to be placed before the court, his written oath that the prisoner was the identical person who stood indicted in this State for forgery, and that he, the said agent, had, himself delivered to the Governor of Texas the demand made by the Executive of this State for the surrender of said fugitive, and that a duly authenticated copy of the indictment accompanied, and was delivered with the demand to the Governor of the State of Texas.

That you may be fully informed of this extraordinary procedure of the Supreme Court of the State of Texas, duly authenticated copies of all the records and papers connected therewith are herewith transmitted. These papers have not been printed.

Since the last session of the General Assembly, the Executive

of this State has had arrested and delivered to the proper agents of other States, to be taken back for trial, two fugitives charged with committing the crime of murder, and whose surrender had been demanded by the Executive authorities of the States from which they had respectively fled.

In addition to the fourteen fugitives who stood charged with crimes and had fled from the State before the present Executive came into office, he also demanded the surrender of five others, charged with the crime of murder, but none of these could be found within the jurisdiction of the authorities upon which the demands were made.

The Executive also offered rewards for the arrest and delivery to the proper authorities, of many other persons charged with committing crimes in this State, but who had fled to uncertain places. Some of these have been arrested and delivered into the custody to the proper officers, whilst others are, for the present, beyond the grasp of our laws.

It is recommended that a law be passed, requiring every Attorney for the State, in the several judicial circuits, to report to the Executive, after the expiration of each term of the court for every county in his circuit, a statement of the title, nature and condition of every cause pending, in which the State may be a party, or interested, as well as like information relative to all such causes as may have been tried and determined at the term, and the result of each. Such information collected and condensed would be important for the authorities of the State, and when required by law to be so obtained, arranged and published with the journals of the General Assembly, so that it could be examined and read by the people, it would have a tendency, not only to stimulate all officers concerned, to a vigilant discharge of their duties, but it is believed, would deter many from committing crime.

It is also recommended for your consideration that provision be made by law to authorize the election, by the qualified voters of each county, of an attorney for such business of the county, as would often be liable to suffer for the want of legal attention. The county attorney should be required to attend strictly to every case of a criminal character when pending before justices of the peace for examination, so that he might prevent the wrongful release of violators of the laws-cause the criminals to be legally held to account, and, in this way, greatly aid in having the laws faithfully executed. The duties now required by law of the attorneys for the State should in no wise be abated in consequence of the arrangement for electing and having county attorneys.

By "an act to provide for the building of a stone wall around the Penitentiary House of this State," approved 10th January, 1853, it was required that said wall shall be built three hundred feet square, eighteen feet above the surface of the earth, two feet below the surface, four feet base, diminishing to two feet at the

top, making a wall of twenty feet in height of rock or stone, laid in the best kind of lime mortar, jointed with hydraulic cement; with two entrances, secured by iron gates."

On the 17th day of February, 1853, Alexander George and John Robins became the contractors to build the wall, and also for the safe keeping and the labor, control and management of any and all State convicts, for and during two years from the date of their contract, for the sum of $26,248 00.

The Executive appointed John Hutt, Inspector and Superintendent of the work; and it is gratifying to learn by his report that the contractors completed the wall, about the middle of last September, and that they had "complied fully and faithfully with the terms of the law, and done the State full and ample justice and themselves great credit."

The State made payments to the contractors from time to time as the work progressed, and after it had been finished, as stipulated, paid the residue of the amount to them. In constructing the wall a difficulty arose from the fact that the surface of the ground upon which it was to be built, was not level. The law made no

provision for grading and levelling, but required the wall to be built three hundred feet square, eighteen feet above the surface of the earth and two feet below. The Executive instructed the Inspector to have the law strictly complied with, although the wall when finished, in accordance with the requirements of the act, might present an irregular appearance at the top.

It is recommended that provision be made for grading and levelling the ground enclosed, and also for building up the wall so that it may (after levelling the ground,) be of uniform height on the inside.

Suitable work-shops, sufficiently capacious for the accommodation of machinery for manufacturing purposes, are necessary to enable the keepers to employ the convicts at profitable labor. A Keeper's house is also requisite. These buildings should be fire-proof and constructed of stone, which would be more substantial and enduring than brick. The Penitentiary House is brick, and some parts of it are now in such a condition that repairs are absolutely necessary. With the Penitentiary House in good repair, the work-shops and Keeper's house constructed, the institution could be leased so that it would be a source of revenue instead of expense to the State. Without such improvements it will remain, as heretofore, a tax upon the Treasury.

The State has ample revenue to pay the ordinary expenses, cause these improvements to be made, and also to have the State House properly repaired, without imposing any additional tax upon the people. Under such circumstances it would seem to be good policy and real economy, to make appropriations to defray the expense of these works. By the report of the keepers, it will be seen that there were fifty convicts confined in the Penitentiary on the 16th of October, 1854; and also three slaves de

tained there for safe keeping until their owners, from whom they had escaped, may legally retrieve them.

The report also refers to certain work and repairs deemed indispensable, which the keepers had done for the State at their own cost and risk, as well as to $170 00 paid by them to clothe discharged convicts, and to supply them with some money. The risk was only whether the General Assembly would act justly towards men who, as contractors and keepers, had honestly and faithfully discharged their duties to the State. That full justice will be accorded to the keepers by the Representatives of the people the Executive has not a doubt.

It is recommended that authority be given to the Governor to appoint one Inspector of the Penitentiary, who, in addition to periodically visiting and examining into the affairs and condition of the institution, prescribing rules for the discipline and government of the convicts, and seeing that they were well and humanely treated, might also be superintendent and inspector of such buildings and repairs as the General Assembly may authorize to be constructed and made for the benefit of the institution. This inspector should have a suitable salary and should be subject to be removed by the Governor, so that he may be required to perform his duty as long as he draws the salary. The policy heretofore adopted, of requiring the Secretary of State, Auditor and Treasurer, to act as Inspectors, has not worked well. These officers seldom find it convenient to leave their regular official duties and act as a Board of Inspectors of the Penitentiary.

The consequence is that the keepers are left to manage and treat the convicts as they please, without any superintending control. Under such a policy, it is fortunate for the convicts that their present keepers are humane, and have fed, clothed and treated them well. The time for which the present keepers contracted to take care of and manage the convicts, will expire with the 16th day of February next. It is recommended that a similar policy to that prescribed by the act of 10th January, 1853, of requiring the contractors for building the wall to keep the convicts for a certain time, be adopted in contracting for the construction of the work-shops and the warden or keeper's house. It would be well to have this subject acted upon as early as convenient, so that the contractor may, during the winter, obtain the large supply of provisions which will be required for the use of the convicts.

The State of Arkansas issued to the Real Estate Bank of the State of Arkansas, 1,530 of her bonds,'each for $1,000, and bearing interest at the rate of six per cent. per annum. By the sale of these 1,530 bonds, the bank obtained her banking capital, amounting to one million five hundred and thirty thousand dol

lars.

By the provisions of the charter, the bank was bound to pay the interest and also to redeem the bonds. The stockholders, 180 in number, mortgaged to the State of Arkansas 141,980 acres

of land, valued by commissioners under oath, at $2,603,932 32, as an indemnity to the State and the holders of these bonds, for the payment by the bank, of the interest and the redemption or payment of the bonds. It is represented that the bank paid the interest on these 1,530 bonds up to the first day of July, 1841, and that no interest has been paid by the bank since that date. Under the act to establish the western branch of the Real Estate Bank, the State issued to that institution 500 more of her bonds, each for $1,000, bearing interest at the rate of six per cent. per annum; and the stockholders-100 in number-under this act, mortgaged to the State of Arkansas 65,121 acres of land, valued by commissioners under oath, at $776,840 06, as an indemnity to the State and the holders of the bonds, for the payment by the bank of the interest, and also for the payment or redemption of these bonds when due. By the terms of the charter, these bonds could not be disposed of at less than par, but the bank, without authority and in violation of law, hypothecated them to the "North American Trust and Banking Company," of New York, on the 7th day of September, 1840, and only obtained upon the five hundred bonds, the sum of $122,389 77. These hypothecated bonds have never been returned to the State, but by the illegal acts of the bank, have been placed beyond her control.

On the 2d day of April, 1842, by a deed of assignment, the assets of the bank amounting, as stated, to $2,405,966 15, were placed in the hands of trustees. When the deed of assignment was made, besides the principal bank at Little Rock, there were four branches of the Real Estate Bank; one at Washington, one at Columbia; one at Helena, and the other at Van Buren. Before the assignment, the State, under the charter of the bank, had two directors at the principal bank and two directors at each of its branches, to guard and protect her interests. But by the deed of assignment, the State was deprived of her representation in the bank. Every officer or agent of the State was and has been excluded. The trustees of the Real Estate Bank and their two officers, the attorney and the cashier and secretary, have had control and management ever since the 2d of April, 1842, of the large fund of assets, stated at two millions four hundred and five thousand nine hundred and sixty-six dollars and fifteen cents, as well as the interest, which, from time to time, accumulated on the debts during this period of more than twelve years and a half. The notes of individuals to the bank drew interest at the rate of eight per cent. and under certain circumstances ten per cent. per annum. The State bonds sold by the bank bear interest at the rate of six per cent. per annum. The liabilities of the bank on the second day of April, 1842, were stated to be $2,230,986 59, being $174,979 56 less than the assets on that day stated to have been placed in the hands of the trustees under the deed of assignment.

The Executive has no official report or information from the