ducted from Ohio and incarcerated in the jail of Wood county, Virginia, to answer to a criminal charge. This open resort to violence and invasion of the rights of citizens of our State, was calculated to produce much excitement, and endanger the peace and harmony of the two States. Pains were taken to allay the excitement, and prevent any further disturbance of the peace, on the ground that the transaction, although an outrage upon the rights of citizens, and upon the civil authority of this State, was the act of lawless indviduals, without the sanction of the State of Virginia, and that ample redress could be obtained by a peaceable resort to ju licial proceedings. Accordingly the case was presented to the Grand Jury of Washington county, at the September term of the Court, and indictments regularly returned against the offenders. A special agent was despatched to Richmond with a requisition, made in due form, on the Governor of Virginia, for their surrender as fugitives from the justice of Onio: and I regret to say that, after some weeks delay, the Governor of Virginia deemed it proper on his part to refuse the order for the arrest and surrender of the aggressors. The proceedings under the requisition can be more fully seen by a reference to a correspondence on file in the Executive Office. Anything calculated to endanger the harmony and friendly intercourse of adjacent and confederated States of our National Union is deeply to be lamented; and this occurrence assumed special importance, from the fact that the relations out of which it arose, are likely to occasion similar outrages in future. Where free and slave States are contiguous, it is natural for the slave to make efforts to escape, and for the slave-holder to suspect the inhabitants of the free States, of aiding in the transit of the fugitive. If, however, citizens of the free States should actually violate the rights of any of the citizens of the sister States, the laws of the country give ample redress, without resorting to violence. In the present case, a question of jurisdiction has been raised. The citizens of Ohio who have been captured, were on the bank, on the north west side of the Ohio River, and the authorities of Virginia have set up a claim of jurisdiction over the soil where the capture occurred. It was supposed that the decision of the Supreme Court of the United States, made in 1820, had definitely and finally settled this question of boundary. Ordinarily where a river is the boundary be tween States, each holds to the middle of the stream; but Virginia, having been the original proprietor, ceded the territory northwest of the Ohio River only, and therefore claims jurisdiction over the river. It becomes important that some fixed and certain line be known as the boundary; and this the decision of the supreme judicial tribunal of, the country has distinctly defined, under the construction of the original cession of 1783, to be at low water mark, on this side of the river. It never could have been designed that a narrow strip of land on the beach of the river, should belong to the State on the opposite shore. The principle, that a country bounded by the shore of a river extends to low water mark, is so natural and convenient as to have secured general adoption. The claim of jurisdiction for Virginia however, here set up, extends as it seems, not only over the river, but also on the bank on this side. The decision of the Court referred to, goes further, and recognizes the right acquired by the compact with Virginia, under which Kentucky became a State, which stipulates that the navigation of, and jurisdiction over, the river, should be concurrent between the new States and the State which possessed the opposite shore of the said river. This compact having been ratified, became binding upon Virginia, as well as the other States bordering upon the river. It would seem, therefore, that no doubt can exist that the captured citizens were kidnapped and violently abducted from the jurisdiction of Ohio, and that a due regard for the honor of the State, as well as justice to the injured citizens, demands reparation for the wrong. Should the Executive of Virginia persist in his refusal to surrender the aggressors, that State will assume the responsibility of the outrage perpetrated by those lawless persons upon the rights and jurisdiction of Ohio; and if this outrage be submitted to on the part of Ohio, it may be made a precedent for future insult and wrong. In the meantime, I respectfully submit to your consideration the propriety of adopting effective measures to prevent a similar invasion of the rights of the citizens of Ohio. I deem it my duty again to call your attention to the laws which unjustly oppress and degrade our colored population. It seems to me that their repeal is demanded alike by the spirit of our religion and the philosophy of the age. The Penitentiary of the State has during the year been conducted with skill, prudence and economy. The system of prison discipline which has been vigilantly adhered to, has been well calculated to accomplish the true objects of criminal punishment. Special regard has been paid to the complaint of a portion of our citizens, who have, perhaps with good cause, alledged that the system of prison labor created an unjust competition with their business, and tended to degrade their pursuits. So far as practicable without a violation of old contracts for prison labor, the employment of the convicts has very properly as well as profitably been directed to those objects which do not conflict with the interests of any of the existing mechanical pursuits of the State. Since my last communication to the Legislature I have seen no reason to justify a change of my views then expressed on the subject of prison labor. The finances of the institution for the current year show the following results: Disbursements during the year, Accruing revenue, Leaving a balance in favor of the institution of $42,500 00 24,525 00 $18,025 00 1 The number of convicts on the 1st November 1844, was 464. The number of convicts received during the past year was 136. The number of convicts in prison on the 1st of November 1845 was 471. Four convicts escaped during the year. Thirteen died by disease, and two by accident. Some have been discharged by writs of error from the Supreme Court; some have been pardoned, and the terms of service of a considerable number have expired during the year. The benevolent institutions of the State located at Columbus, consisting of the Lunatic Asylum, the Asylum for the education of the Deaf and Dumb, and the Asylum for the education of the Blind, are all in a highly flourishing condition, and each of them has been conducted during the past year with eminent skill and efficiency. These institutions are highly creditable to the people of Ohio, and constitute living and enduring evidences of the enlightened and humane spirit of the age. The number of patients in the Lunatic Asylum on the 15th November last was 224, of which 125 were males, and 99 females. After the new addition to the edifice of this institution, which is in progress of construction, shall be completed, it will be sufficient to accommodate the number of about 350 of this afflicted portion of our fellow-creatures. The number of pupils in the Asylum for the education of the Deaf and Dumb is about one hundred. When the addition to the buildings of this institution, which is in progress, shall be completed, the number of about fifty more can probably be accommodated. In the Asylum for the education of the Blind, there are seventy pupils, and the institution is in a condition to receive a larger number. In May last, the authorities of the United States, at Washington, removed the office of Surveyor General from Cincinnati, in this State, to Detroit in Michigan. In this office, were all the original records, maps, and field notes, pertaining to the original surveys of the lands of Ohio. On receiving information of the removal of this office, I made application to the officers of the General Government for a transfer to this State, of the records, maps, documents, &c., in the Surveyor General's office, so far as they related to the original surveys and titles to lands in Ohio. In accordance with my request, the transfer was made in August last, and the records, maps, field notes, &c., were committed to the charge of Samuel Williams, Esq., of Cincinnati, who now holds the same, subject to the order of the General Assembly. It will be necessary to create a State office of Surveyor General, or otherwise provide for the performance of the duties, and the preservation of the records and papers, so that copies of the field notes, records, and other documents relative to our land titles, can be furnished and authenticated, as competent evidence, under the certificate of a State officer. The documents, records, &c., received from the United States, are so voluminous, and the duties to be performed, of such a character, that they cannot properly be annexed to any of the existing offices of the State. I authorized Mr. Williams to procure an accurate set of Surveyor's instruments, agreeing with those which have been used, as a standard in the original office; a part of which he has obtained. As this is a matter of much importance, in preserving evidence of the titles to real estate in Ohio, I trust it will receive due attention at your hands. The necessity for the construction of new Public Buildings for the transaction of the business of the State, and the safe keeping of the Public Records, must be apparent to every observer. The interests of the State, and public opinion, alike demand that the work of the new State House should be no longer suspended. The subject is worthy of your immediate attention, and, I trust, will not be overlooked. In the discharge of the various and responsible duties of the present session, I indulge the fullest confidence that your deliberations will be marked by wisdom, and guided by a patriotic regard for the rights and interests of the people of the State. Nothing can tend more to elevate our government and secure the attachment and confidence of the people, than an inflexible adherence to the dictates of justice, and due regard to stability and harmony of action in our public councils. In conclusion, permit me to invoke the Supreme Ruler of the Universe to direct your deliberations in the spirit of conciliation and disinterestedness, and to signalize them in the advancement of the prosperity and welfare of the people. COLUMBUS, December 2, 1845. M. BARTLEY. ANNUAL REPORT OF THE SECRETARY OF STATE. To the Honorable, the General Assembly of the State of Ohio: The Secretary of State has the honor to make the following Report, which is respectfully submitted: STATIONERY. There have been delivered during the year ending November 15, 1845, the following quantities and descriptions of paper for the use of the State in public printing, viz: 354 Reams Double Medium, 375 Reams Super Royal, 200 Reams for Ohio Reports. Many other articles of stationery have been purchased, principally for the use of the General Assembly, which are specified in bills on file in this office. The following articles of stationery have been distributed during the year ending Nov. 15, 1845, to the persons and for the purposes therein specified, viz: To the State Printer, to be used in the printing of the Laws, Journals, Bills, and documents: 348 Reams Cap, for Bills, Double Medium, 599 66 44 66 Single do. Royal Local Laws, Ohio Report Paper, 66 Royal for General Laws. To the General Assembly by their Clerks and Doorkeepers : |