large amounts of the national revenues deposited in the banks, when all, or nearly all those institutions refused to pay a single dollar in specie to redeem their bills. We have seen our Government, as a choice of evils, obliged to resort to the issue of Treasury notes with which to meet its liabilities for the want of those funds thus rendered unavailable through the delinquency of the bank depositaries. Fortunately for our country it was in time of peace this disaster befel her; had it happened when we were at war with any of the powerful nations of Europe, the extent of the calamities that might probably have arisen can hardly be estimated. The experience of the past is the best guide for the future, and ought to admonish us to be prepared for every probable or possible emergency.

Among the various subjects which will claim your attention at this time is a new apportionment of the public taxes. This to make it equitable and just to all portions of the State, will require much labor and patient investigation. I doubt not the subject will receive the early and persevering attention which its importance, as well as due regard to economy of time, will demand.

Allow me here to repeat the suggestion made to you in June last, touching "the expediency of making it the duty of the Bank Commissioners within certain limited times to examine into the affairs of the banks, without being called upon by the Governor for that purpose." Although it may be believed the condition of the banks generally in this State precludes suspicion of maladministration or fraudulent designs upon the public, yet the disclosures of the past year show that a bank may keep up its repu tation abroad, commanding credit with the public for an extended circulation of its bills, while an investigation of its affairs at home would at once have exposed to view a condition unsound and unsafe; and I cannot but believe that these examinations made from time to time as suggested, would at least tend to prevent such betrayals of public confidence, and the consequent public loss and embarrassment.

Agreeably to a resolution of the House of Representatives of the 19th of June last, one of the Bank Commissioners has made ⚫ an examination of the condition of the Wolfeborough Bank. His report of the result of his investigation which has been made public through the medium of the newspapers, will hereafter be specially communicated; as will also, when received, the report of another of the Commissioners which is expected (made in pursuance of a resolution of the House of Representatives of the 19th of June last concerning the affairs of the Concord Bank.

The State Prison is now managed wholly on account of the State. Essential alterations and repairs in the workshops, have been made by the present Warden, new branches of manufacture have been introduced, and the convicts are all steadily and industriously employed. The government and discipline of the Prison were probably never better than at the present time. The results of the labour of the convicts in a pecuniary point of view, we have had scarcely time to ascertain; but their labour is directed to those objects which afford the best prospect of success. The claims for the labour of convicts under the recent contract have been promptly met and cancelled. The present condition of the financial affairs of the Prison will be hereafter communicated to you, and I indulge the hope, that with careful and energetic management, in the judicious employment of capital sufficient to enable the Warden, advantageously to make necessary purchases, the Institution may be enabled to sustain itself, without additional charge upon the Treasury, and also preserve the capital invested in its operations.

The great object of our criminal Laws and penitentiary system is to deter men from the commission of offences, by meting out certain punishment to all offenders; and thus to protect society from the depredations of the lawless and violent. The mild system of punishment by temporary imprisonment, contemplates, not only punishment for the offence, but reclamation of the offender; and the system recommends itself strongly to our sense of justice, as well as to our feelings of humanity. It may be readily seen on looking into our Prisons and examining their inmates, that a large portion of them are young men, who have grown up with little parental care, instruction or advice, having never been trained to habits of industry, but allowed to remain idle and ignorant, the natural consequences have followed, and they have gradually sunk in the scale of depravity until at last they have met " the sharp rebuke of offended law" in the confinement of the felon's cell. There, under wholesome restraint and rigid discipline, the convict has a chance left of redeeming himself. Reflection will force itself home upon him, and reformation may follow. He may, if he will, acquire some honest art of earning a livelihood, and with it the tastes and dispositions which will induce him to practice it. Applications for pardon of convicts are of very frequent occurrence, before the term of imprisonment is nearly expired; the practice is believed to be attended with pernicious effects to the convict; it tends to make him restless and uneasy, under the groundless hope of a remission

of part of the penalty annexed to his offence, which he should be taught to expect only, if at all, near the close of his adjudged term of confinement, and then only, in consideration of uniformly exemplary conduct, and apparent determination to lead an amended life.

The operations of our judicial system are matters of profound interest to all classes and conditions of our people. To render the system as little burthensome in its legal operations, as possible, within the limits of the Constitution, is the appropriate duty of the Legislature. The delays and consequent expense, experienced by litigants in our courts of Law, have become proverbial. Whether this is to be ascribed to defects in our laws, or in the mode of administering them, I will not assume the province of judging; but whatever the cause may be, the expensive delays attending our administration of justice, is a subject of general complaint, especially in the larger Counties of the State. The complaints if well founded, all will agree, should meet with prompt attention from those who have been chosen by the people and made legislative guardians of the common welfare. In any constitutional remedial measures which the wisdom of the Legislature may devise, I shall most cordially co-operate. And I beg leave to suggest for your consideration, the propriety and expediency of dividing some of the more extensive Counties in the State, into two or more Districts for judicial purposes.

The project of establishing an Institution for ameliorating the condition of the suffering Insane in New Hampshire, is a subject of intense interest to very many of our people; the success of which every philanthropist must sincerely desire. The general interests of humanity, the unfortunate condition of the class of persons for whom relief is sought, more especially if the ills of panperism be added to loss of reason, and it may be said, and perhaps truly, the honor of the State, press this subject upon our consideration with almost resistless force. If pauperism presents a claim to the charities of the public,, which civilized and christian communities always allow, the relief given being restricted only by the necessity for it, then indeed, justice as well as a wise and provident charity seem to urge the grant of a like measure of relief, if possible, in cases when to the strong claims of poverty, are added the fearfully interesting and still stronger claims of insanity. It is to be hoped that the Trustees of the "New Hampshire Asylum for the Insane" will be enabled in their Report (to be made to the Legislature at its present session, agreeably to an act passed in June last,) to show such reasonable grounds of

I

hope, for its ultimate success in the undertaking, as will command for it your continued confidence and approval.

The Geological Survey of the State under the direction of Dr. Jackson, the State Geologist, assisted by Messrs. Williams, Whitney and Baker his students, has been in progress during the past season. It will not be expected that much more than a general outline of such a survey can have been perfected in one season. It is believed however that a mass of interesting information has been collected, and many valuable discoveries of ores and minerals made. A large number of specimens have been collected and deposited in the State Cabinet, and other specimens and 1 soils are now undergoing the test of analyzation and assay in the Laboratory. Next season it is proposed to take up the survey of all the towns in regular and due order, complete the outlines, and explore all that is important so far as time will permit. I am informed by the Geologist that he will be able to make his first annual Report during the coming winter. Interesting and valuable results are expected from this survey; to insure these, it is necessary that the survey should be carried out thoroughly and completely in accordance with the enlightened and liberal policy of the Legislature with which the plan originated.

I doubt not it will be your desire to limit the expenses of the session, by its termination at as early a day as may be consistent with a due consideration of the important business now before the Legislature; in the adoption of such measures as shall promote the best interests and prosperity of our constituents I shall most cheerfully co-operate. JOHN PAGE.

Executive Department,

Concord, N. H., Nov. 18, 1840.

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The foregoing message having been read,

On motion of Mr. Nutter

Ordered, that it le upon the table, and the Clerk procure two hundred printed copies thereof for the use of the Senate.

On motion of Mr. Brown

Resolved, that a select committee be appointed to take into consideraton the message of His Excellency the Governor and report what disposition be made of the several subjects embraced

therein.

Ordered, that Messrs. Goodhue, Pickering and Nettleton constitute said committee.

On motion of Mr. Goodhue

The Senate adjourned.

THURSDAY, NOV. 19, 1840.

A message from the House of Representatives by their Clerk: "Mr. President-The House of Representatives are ready to meet the Honorable Senate in Convention for the purpose of proceeding in the elections agreeably to the laws of the State." On motion of Mr. Nutter

Resolved, that the Senate now meet the House of Representatives in Convention for the purpose of proceeding in the elections agreeably to the laws of the State.

IN CONVENTION.

The Senate and House of Representatives being assembled in Convention in the Representatives' Hall for the purpose of proceeding in the elections agreeably to the laws of the State,

The Secretary of State came in and laid before the Convention the returns of votes given in the several towns and places of this State for Electors of President and Vice President of the United States, on the second day of November, 1840.

On motion of Mr. Gregg of the Senate

The Convention proceeded to open, read and record the returns of votes given in the several towns and places in this State, for Electors of President and Vice President of the United States, and some progress having been made therein,

On motion of Mr. Brown of the Senate

The Convention rose and the Senate returned to their Chamber.