powerful nations, and in the struggle for supremacy, feeling may be engendered which will eventually result in war. The policy of our Government is to absorb the other States upon the American continent, and in the acquisition of a prize of this immense value, we must expect to meet with opposition from abroad. The jealous powers of Europe cannot be expected to stand aloof and see State after State drawn into the Federal Union, and the strength and importance of America overshadow them. He knows nothing of the progressive spirit of our people, who cannot foresee that our destiny is to cover the continent. This will be accomplished, unless in the madness of our prosperity we break up the Union, and sever the cord which binds us together, and constitutes our might and our power. As a united family, what a glorious destiny awaits us. Divided and distracted, torn to pieces by intestine factions and civil wars, the name of American will cease to be respected by the civilized nations of the globe. The difficulties, to which allusion has been made, upon our Northern frontier, have not been settled, and as each government asserts in the most positive terms its right to the Island of San Juan, we may be involved in a war at a very early period. However much we would deplore a war with Great Britain, or any other power, still, with all its horrors, it would be far preferable to disgraceful submission. It is true the full force of the first blow would be felt here, but gallantly and bravely would our patriotic sons meet the emergency. But the importance of a railroad connection with the Atlantic has been so often demonstrated, that it is not deemed necessary to discuss the subject any further. The last Legislature, by a joint resolution, invited a Convention of citizens residing upon this coast, to meet at San Francisco, to devise some plan to secure the construction of the road. Delegates were elected from all classes of the people in various parts of the State, and also in Oregon and Washington. A Convention assembled on the day of September, and proceeded to discuss the subject in extenso. Much valuable information was elicited, and a deep and lively interest manifested in the speedy commencement of the work. In the meanwhile, memorials have been forwarded to Congress, and an agent dispatched to attend specially to this matter. It is not doubted that our Senators and Representatives will also do all in their power to secure this work, which has been properly designated "the necessity of the age." The Convention was subjected to some expense in printing memorials, circulars, etc., which ought to be borne by the State. We should remember that we have a rival, owning large possessions upon this coast, who has the activity, the energy, and the necessary means to construct this work. I allude, of course, to Great Britain. In the great struggle which is now going on, to obtain the control of the commerce of Asia, it may prove much more formidable, if we foolishly delay the construction of this railroad, and British America, instead of the United States, may reap the advantages. There is another subject intimately connected with this, upon which I desire to submit a few observations, I refer to the establishment of a line of mail steamers from San Francisco to China via Sandwich Islands and Japan. Congress has already established a number of mail routes connecting several of our Atlantic sea-ports with Western Europe, thus giving to our sister States many advantages which have been denied to We have nearly as much territory now on the Pacific as we had on the Atlantic coast forty years ago. Their citizens, however, have, us. through postal arrangements, direct communication with Europe, while with Asia fronting us upon the west, we are dependent upon the irregularity and uncertainty of merchant vessels for the transmission of our correspondence, and this mode of communication is frequently closed to our merchants by rival interests. Or, if we desire to avail ourselves of the mails established by the Federal Government, we must send our correspondence to New York, thence to England, subjected to the surveil lance of British officials, and thence to Asia, reaching the latter point in eighty days. A steamer running direct from San Francisco could reach China in eighteen or twenty days, and this, after a railroad is completed, would place China as near New York, in point of time, as San Francisco now is. The opening of several ports recently in China and Japan, which countries embrace one-half the population of the globe, must vastly increase our commerce, and the establishment of a line of steamers, such as is proposed, would facilitate this very much. The commerce of the Pacific has now become so important that a squadron of armed vessels are constantly required for its protection. Steamers running regularly via Sandwich Islands and Japan to China would, to a considerable extent, supercede the necessity of this naval force, and the Federal Government would not then be compelled to send vessels of war, at a vast expense, to hunt up distressed or shipwrecked seamen upon that coast, or to give protection to American citizens resident in those countries. Besides, these vessels could be so constructed that, in case of necessity, they could readily be converted into war steamers. The policy of the British Government, for many years, has been to establish mail routes to all foreign nations with whom she holds commercial intercourse. Her statesmen do not stop to inquire whether the postages received will defray the expenses, but, looking to the increase of commerce and the general advantages resulting from frequent intercourse, multiply mails in every direction. Indeed, looking at it as a mere postal arrangement, it is probable that the excess of expenditures in that country, over and above receipts, amounts to more than three millions of dollars per annum. In the recent European war, England and France were enabled, by employing the mail steamers, which their policy had encouraged, to transport their troops and munitions of war to the field of operation in a remarkably short time. Much of their success is attributable to the rapidity of their movements in placing a large and well-supplied force in the field at an early day. Millions have been expended in sending fleets to China and Japan to make commercial treaties and open new ports, and we are likely to derive very little advantage from this for want of a small appropriation to aid in the establishment of a line of mail steamers. That immense commerce, so eagerly sought after in all ages, by all nations, and which has always enriched those who enjoyed it, is likely to fall into other hands, because of the failure of the Federal Government to act. The organization of two States and one Territory on the Pacific, gives America a position where she could readily command this trade, and thus contribute towards the prosperity of every section of the confederacy. Short-sighted indeed is that policy which allows the opportunity to pass. In our sister States, where railroads constitute an important feature in their affairs, railroad companies are required by law to report all their operations annually to the Legislature. In this way the representatives of the people obtain valuable statistics, which enable them to protect their rights, and so legislate as to promote the public good. In this State, as we have but one road, of but twenty-two miles completed, it is not yet a matter of much practical importance. However, the intelligent and obliging engineer on this road, J. P. Robinson, Esq., has furnished me with some statistics, which may be interesting to you and the public. The Sacramento Valley Railroad was organized in 1853. Its work of constructing was commenced in February, 1855. The first rail was laid on the 9th of August, 1855. It was formally opened to Folsom (twentytwo miles,) on the twenty-second of February, 1856, although it commenced its operations on the first of January, 1856: Its Capital Stock is...... Its First Mortgage Debt is...... Its Second Mortgage Redemption is..... Its present represented cost is...................... $800,000 400,000 329,000 $1,529,000 Its gross earnings from Jan. 1st, 1856, to Sept. 30, 1859, is..... $700,000 Expenses for same period... Its net earnings for same time........ 333,000 $367,000 It During that period three hundred thousand persons have been transported over the road, who have traveled six million miles. During that period forty-one thousand tuns of freight have been transported over the road. Of which amount, sixty-one thousand tuns have been a newly developed business, that otherwise would not have existed. Not one accident to life or limb of a "passenger has occurred upon the road." may be a matter of surprise, that although three hundred thousand persons have traveled over this road, no accidents resulting either in death or in injury to limb have occurred. This speaks well for the management of the road. It may appear strange to learn that the cost of working it is less than that of many of the eastern roads. This, however, will appear from the following statement, which has been carefully compiled: Comparison of the Expense per Mile run by Trains on the following named Roads. For the purpose of exhibiting the comparison in the economy of operating, the items of emploéy's salaries, ought not to be estimated; for on the first three named roads they are constantly occupied, while on the latter but small portion of the time. Then the comparison Would be.......... 49 6-10 46 54 1-10 28 6-10 As roads of this character will soon be constructed in our State, I recommend the passage of a law requiring those who control them to report annually in detail all their operations to the Governor or the Legis lature. A remark or two upon another subject not directly connected with this, however, and I am done. In consequence of the difficulties in which our citizens are constantly involved because of the unsettled condition of the Mexican States lying contiguous to California, I would rejoice to see the Federal Government establish a protectorate over them. The people of that ill-fated Republic have proved themselves wholly unable to maintain a stable government which can give protection to either person or property. Our adventurous people who frequently go to those States for commercial purposes, are very often subjected to great losses and annoyances. They are sometimes, too, deprived of their property and liberty, because they may have incurred the displeasure or excited the suspicion of some arbitrary officer. As a general principle, "entangling alliances" should be avoided, but as these States will ultimately be absorbed, as has already been said, by our Republic, and as they are now too weak to carry out the laws of nations and secure the citizens of other States against aggression, we should take them under our protection. PARDONING POWER. The Constitution confers this power upon the Governor in the most unqualified terms. It is true that sound policy requires that the different departments of the government should interfere as little as possible with each other, still a refusal to exercise the pardoning power in all cases out of respect for the judiciary, would violate every principle of justice and humanity. The Executive in his sphere must act independently and upon the conviction of his own judgment. It is the business of the Courts to convict men who have, as they believe, violated the laws of the State: but it is also the duty of the Governor to extend his clemency whenever he conscientiously believes that the individual is entitled to it. I have as much respect for the Legislative, as for the Judicial department; and yet as the Executive I have frequently been compelled to withhold my approval from bills, although passed by those who were the representatives of the people, and who came directly from them. I do not believe in the infallibility of either courts or juries. Like all other human tribunals, they sometimes err in this as well as in other communities. It is admitted, however, as a general principle, that the frequent use of the pardoning power is calculated not only to destroy that certainty of punishment which is essential to the due administration of our criminal laws, and also interferes with the discipline of the prison. In this State under the wild excitement which frequently prevailed in various localities, men were sentenced for unusually long terms, and sometimes upon insufficient proof. My experience and observation have forced me to the conclusion that in a new country, composed of a population drawn from all parts of the globe, that passion or prejudice sometimes control the action of juries, and the innocent are made to suffer. Again, at different periods, crimes become so frequent in some counties, that courts and juries inflicted, by way of example, extraordinary punishments to arrest the evil.* This may have had a salutary effect, but as the causes of these severe punishments have ceased to exist, there is no reason why the convict should still suffer. Whenever, therefore, after a careful review of the record, the punishment was believed to be excessive, I have not hesitated to extend executive clemency. There are many persons in prison, sentenced for ten years, upon conviction of grand larceny, under ordinary circumstances, for the first offense. In all well-regulated communities, this punishment would be regarded as excessive. In addition to this, a few years since, Judges, in order to propitiate popular favor, or cater to the clamor of the day, sought to establish the reputation of severe, rather than just, officers. Another consideration has had its influence upon my action. Under our wretched prison system, the old accomplished burglars and thieves, and the impetuous and ardent young men who, perhaps, in a fit of ungovernable passion, or under the influence of liquor, drew a deadly weapon upon their fellows, but who still have generous and honest impulses-are thrown promiscuously together. The graduated villains, from the prisons of other countrics, are there to detail their deeds of villainy, and teach lessons to the young and unsophisticated, which, in all human probability, will ruin them for ever. Men, perhaps, tenderly raised under the parental roof, and who hope and expect to return again to their families and friends, are thrown in with convicts who have run a long career of crime, and whose hearts are hardened beyond redemption. In some of the rooms as many as sixty or seventy are lodged together, without the restraining influence of an officer or guard. Here songs are sung, tales of infamy recited, and crimes committed of the most abhorent character. Under these circumstances, the young and unsuspecting, who might have been reformed, come out confirmed villains. I said in my last Message "that unless something is done speedily to provide for the accommodation of this army of convicts, the Executive might be compelled to pardon some of them, with a view to their transportation beyond the State. The law of self-preservation may compel me to throw them upon other communities." I have acted upon this principle in several cases, as will be seen upon examination of the record during the past year. Some of these convicts have, at the request of their relations, been sent to their homes in the Atlantic States, and it is hoped and believed that a portion of them, at least, have reformed; here they never would. During my administration a number of convicts have been discharged upon testimony discovered since their conviction, which if given on trial would have acquitted them. As in this State, we have so many migra tory persons without any habitation or fixed abode, it is often found *In some cases, the Judges who sentenced have applied for pardon, and assigned this as a reason for length of sentence. |