The Enquirer

The Enquirer.

RICHMOND, 6th DECEMBER.

General Assembly of Virginia.

The legislature of Virginia have not yet entered upon any business of considerable importance. The House of Delegates have principally spent the three last days, in the usual manner, in receiving & reading petitions. There are some readers, however, who delight in such dull, but useful chronicles of Roads, Bridges, Ferries and Inspections; and such we shall attempt to gratify, by giving copious extracts from the Journals, in our next paper.

On Tuesday, the Speaker proceeded to name the members who should constitute the Standing Committees of the House.

A Committee of Courts of Justice, was appointed "to take into their consideration all matters relating to courts of justice, and such other matters as shall from time to time be referred to them; and report their proceedings, with their opinion thereupon to the house; and, also, to examine what laws have expired since the last session, and to examine such temporary laws as will expire with the end of the present session, or are near expiring, and report the same with their opinion which of them are fit to be revived and continued."

A committee of Claims was appointed to "take into their consideration all public claims to them referred, and to report their proceedings with their opinion thereupon to the house."

A committee of Propositions and Grievances was appointed to "take into consideration all propositions and grievances which may come legally certified to this Assembly, and report their proceedings with their opinion thereupon to the House."

A committee of Privileges and Elections was appointed "to examine in the first place, all returns for electing delegates to serve in this present General Assembly, and to compare the same with the form prescribed by law; and take into their consideration such matters as shall or may come in question, concerning elections and privileges; and report their proceedings with their opinion thereupon, from time to time to the house."

A committee of Finance was appointed.

Also a committee to examine the Executive Expenditure for the last year.

Also a committee to examine the Clerk's Office.

The appointment of officers will furnish a more interesting subject of enquiry. On Tuesday, the Revd. Mr. Courtney was nominated as Chaplain to the H. of Delegates, which was superseded by the previous question, whether any Chaplain at all should be appointed. This question was decided in the negative by a majority of 2 votes.

On Wednesday, after having pronounced a very handsome eulogium on the lamented and venerable George Wythe, Mr. Harvie submitted a resolution, that the House should testify their respect for his memory by wearing a badge of mourning for thirty days. This resolution was unanimously adopted.—He was succeeded by Gen. Minor who recommended Creed Taylor, Esqr. as the successor of this illustrious Judge.

Agreeably to a joint resolution, both Houses proceeded yesterday to ballot for a candidate to fill this important office: when the appointment of Mr. Taylor was confirmed, without any opposition, and with only two dissentient votes.

The House next proceeded to the appointment of Governor or chief magistrate of the commonwealth, when W. H. Cabell, Esq. was re-elected without the slightest opposition.

Mr. Samuel Pleasants was also re-elected printer to the state, without any opposition.

The Legislature have determined by a joint vote, to proceed on to-morrow, to the choice of a candidate, to supply the vacancy in the Executive Council, occasioned by the death of Lyne Shackelford, Esq.

It is impossible as yet to anticipate the measures, which may be called up in the legislature. A reform of the courts of justice, particularly the court of Appeals has been mentioned: and leave was yesterday given, to bring in a bill to amend the judiciary System, which is supposed to embrace this object.—As to the revenue system of Virginia, it is difficult to say whether any amendment will be attempted. The Governor's Communication has sufficiently proven, that some amendment is essentially necessary to secure the credit of the state, and to advance our public institutions,

The Senate formed a quorum on Tuesday and re-elected their former officers.

On Tuesday, the following luminous and elegant Communication was laid by the Governor before the House of Delegates. The same Communication was yesterday submitted to the attention of the Senate:

Richmond, December 1st, 1806.

SIR,

No object is more grand or pleasing in the estimation of the philanthropist, than an assembly of the Representatives of a free people, looking up to them as the fountain of all power and the depository of the sovereignty of the country.—History affords no proof of the existence of a system similar to our own in any age or nation of antiquity, nor does it appear that such a plan ever formed a part of the speculations of their greatest sages; and if we turn our eyes to the present state of three quarters of the globe, we shall find nothing to console the friends of Representative Democracy. It is in the U. States only that we acknowledge the power, and bow to the sovereignty of the people, in the respect which we pay to their Representatives. The General Assembly of Virginia convened from every portion of its territory, bringing with them the wishes, the principles, and the intelligence of their constituents, the guardians of the public interests, and superintending every department of our political concerns, are approached, through you, with all the respect due to their character.—It is the business of the Executive to attend to the faithful execution of the laws: it is right that they should render to the. Representatives of the people, an account of the manner in which they discharge that duty,& communicate to them such defects in the laws, as may have been discovered in their operation: and although there is no express provision in our constitution, authorizing the Executive Department to communicate its opinions on any measures of improvement, or promotive of the public welfare, I am well assured that such opinions, when imparted in the proper spirit, will always receive a due attention—Influenced by these impressions, I beg leave to make the following communication to the Legislature.

The duties of the Executive, imposed by the Constitution or the general laws of the land, they trust, have been fully executed; but have not been diversified by any remarkable incident worthy of communication.—They rejoice in the happiness of the people under the operation of the laws,
On one equal laws, provided by the wisdom of the Legislature, for the protection of their liberties and property.

The public institutions in this city have been objects of the particular attention of the Executive. The Manufactory of Arms has been conducted, as heretofore, under the superintending vigilance and skill of the ingenious Major John Clarke, with a success equal to the most sanguine expectations of the friends of that useful and valuable establishment. A detailed report of its operations will be prepared, as usual, by the superintendent, and will form the subject of a subsequent communication. At present I beg leave to observe, that by the act of the fifth of February last, the sum of forty thousand dollars was appropriated for the expense of Manufacturing Arms, including officers' salaries, with an express restriction that the operations should be so conducted as to prevent the expenditure of a greater sum, and that it should not be lawful for the Auditor to issue warrants to a greater amount. It was manifest that, to keep the institution in operation, and at the same time to keep within the limits of the appropriation, there would be a necessity for retrenching the expenses of the establishment. Accordingly, those of the Artificers were discharged, whose services could be spared with the least injury, and every exertion was made to comply with the wishes of the Legislature by keeping within the limits of the restriction imposed. But, in an establishment so extensive as our Manufactory of Arms, it is impossible, on the first experiment, to foresee with certainty, what particular system of operation will keep the institution in motion for a given time, on a given sum. And it was found some time in the month of October, that the expenses had already equalled the appropriation which the executive were bound not to exceed. Thus situated, the proper course to be pursued became an important object of anxious enquiry. To have permitted the establishment to have remained idle, by discontinuing its operations until the meeting of the assembly, would have been attended with the most serious inconvenience and injury. Waiving the consideration of all other disadvantages of such a procedure, it will, perhaps be, sufficient to observe, that most of the Artificers have been induced, by the promise of employment, to come to Virginia from remote parts of the union: and in many instances, there were actual contracts still in force between them and the Commonwealth. It was conceived that, if we failed to furnish them with employment, by discontinuing the operations of the Manufactory of Arms, they would be absolved from their obligations to the public: and depending on employment for subsistence, they would have been compelled to seek it elsewhere, and to abandon the institution. They had been procured after much trouble, with great difficulty and expense: they had arrived at great skill in their respective branches of business, and had become attached to the Institution. Had they been compelled to abandon it, their loss would not have been supplied but at great expense, and after a considerable lapse of time, during which this important establishment would have languished, or remained idle. It was therefore conceived by the Executive to be their duty to retain the services of these valuable men, provided it could be done without a departure from the intentions of the Legislature, which they hold in too high respect ever knowingly to violate. It was communicated to them, that the Artificers were willing to continue in the public employment in carrying on the operations of the Manufactory of Arms, although they knew there was no law to provide for their payment, and that the Executive had no right to make any contract, to compromise the public faith. They demanded no such contract, and if demanded, none would have been made. They were willing to throw themselves on the liberality of the Assembly, provided the Executive would permit them to proceed in their usual employment, and would promise to state the case, and recommend them to the consideration of the Legislature. The Executive could not hesitate a moment to accede to these terms and directed the operations to be carried on as usual, and such articles to be purchased by the Superintendant, as should be absolutely necessary to the progress of the establishment; the persons, of whom they were purchased, agreeing to rest their claims for payment, on the same footing with that of the claims of the Artificers.

The Superintendant had also a considerable time before, requested some Merchants of this city, to procure a quantity of steel, files and flints, essentially necessary for the future use of the manufactory of Arms: and although the Merchants who had procured these articles, had expected immediate payment, yet they also consented to wait, until it should be provided for by the Assembly. I now take much pleasure in most heartily recommending the claims of the Artificers to the early consideration of the Legislature, as also the other claims above-mentioned. I most solemnly assure the General Assembly, that the course pursued by the Executive has not arisen from any wish to evade the law of the last Session, by expending on this object a larger sum than was appropriated; and it is hoped that their conduct will be approved, when it is remembered, that the subject is completely within the power of the Assembly, and that the expenses incurred since the last appropriation was exhausted, may justly be considered as forming items in the expenses of the new year: over the appropriations of which the Legislature have full controul, and may enlarge or limit them at pleasure. If the present Legislature should pursue the same policy which influenced the last, in restraining the expenses of this establishment within certain limits; I have the pleasure to assure the General Assembly, that the experience of the last year will enable the executive to continue the operations, and at the same time to keep within the bounds prescribed. But I beg to be indulged with some further observations, and to recommend to the fostering care of the Legislature, this noble Institution, which arrests the attention of every stranger, extorts even from the European traveller, the tribute of high admiration, and if put into the extensive operation of which it is capable, would ensure to us the all-important object of placing in the hands of the whole of our Militia, arms, equal, if not superior, to any in the world. The blessings which we enjoy under our free constitutions have been procured by the blood of our ancestors, and can never be too highly estimated. Do we not undervalue them, when we remain without the means of defending them? The history of nations teaches the melancholy truth, that justice and propriety of conduct towards others will afford but poor guards for our future safety. To be protected from insult, injury and invasion, we must depend on means, which, in the estimation of other nations, are more substantial. We must be able to repel force by force: and when inevitable necessity points to war, we must be prepared with the instruments of destruction. With this view, the Legislature have erected, at great expense, this noble establishment, in a situation the most eligible that can be conceived, and it is superintended by genius and skill that need not shrink from any comparison. I therefore, most respectfully submit to the consideration of the Assembly, whether we ought not to avail ourselves of all the advantages of our situation, by putting this institution into full and extensive operation.

But while I recommend the fabrication of new arms, it is my duty to state to the Legislature, that of the arms heretofore distributed to the Militia, there has been a loss and destruction truly alarming, which will no doubt attract the serious attention of the Assembly. I have not yet received official information sufficient to pronounce with certainty on the extent of this loss. Should it be received before the close of the session, it shall certainly be communicated. The Assembly, however, may be assured, that the actual loss is very great; and of those remaining, many are so damaged, as to be unfit for service. Various applications from different parts of the state, have been made to the Executive, to prescribe the mode of repairing these arms, and particularly, to allow a portion of the Militia fines to be applied to that object. But the Executive conceived they had no power over the subject, and it remains for the wisdom of the legislature to adopt measures more effectually to prevent the loss of arms, and to provide for repairing them, when damaged.

The Penitentiary Establishment has demanded and received much of the attention of the Executive. This institution, founded on benevolence, and on which the friends of humanity have dwelt with so much pleasure, has not yet been sufficiently long in operation to receive all the improvements which may be dictated by experience and observation. I have the pleasure to communicate, for the information of the General Assembly, a report from the keeper of the Penitentiary, exhibiting a statement of the number of convicts received in each year, since the commencement of the establishment, and the crimes of which they have been convicted. It will be seen that, of 253, the total number of convicts that have been sent there for punishment, 152 have been discharged, 5 have escaped, 14 have died, and that there are now 82 in confinement. It exhibits a result which must be pleasing to the friends of the institution, that the number of crimes has not increased since its establishment; and holds out the consoling hope, that the introduction of all the amendments which may be suggested by the lights of experience, will occasion a diminution of the number of criminals, and that many of them may be restored to the community useful members of society. Early in the last spring, the Executive appointed a committee of two of their own body, Alexander Stuart and William W. Henning, Esquires, "to visit the Jail and Penitentiary House, and examine minutely into the manner in which the rules and regulations of the said Jail are carried into effect, and also into any other matter which they might judge proper relative to the institution." These gentlemen made their report on the 19th of April, to which I invite the attention of the Legislature as exhibiting those causes which in the opinion of the Executive, have contributed to render the system expensive to the commonwealth, and, in some respects, unequal to the sanguine expectations of its early admirers. One great cause is the "want of co-operation and attention on the part of some of the gentlemen appointed inspectors." "When it is considered that no measure of importance can be adopted by the keeper, without the approbation of the acting inspectors," it is manifest "that the want of a regular attendance on their part must be attended with the most serious inconvenience." On this subject permit me to observe, that the office of inspector is not only a very unpleasant one, but if properly executed will require much time and attention; and experience proves that we have no reason to hope for a more regular attendance of the Inspectors, unless it shall be induced, or enforced by some other regulations to be adopted by the Legislature. Another cause mentioned in the report, is "the difficulty of enforcing obedience to the rules and regulations prescribed for the government of the convicts, from the necessity, imposed by law, of calling in the aid of two inspectors, and the Mayor of the city of Richmond, before any adequate punishment can be inflicted." On this subject I speak more positively, because I speak from experience and actual observation. We have given to the System of mild treatment, the fairest trial, and sad experience teaches us that, in many instances, nothing but the most rigorous punishments allowed by the law can restrain the ungovernable spirits of some of the convicts. To the friend of humanity, and of the dignity of human nature, it is painful to be compelled to inflict corporal punishments. But, when no others will answer, and necessity requires them, the humanity which would forbear, is misplaced, & becomes injustice to the community. Five convicts, who had been discharged from the Penitentiary, have been returned for second offences, thereby manifesting that no change or reformation had been wrought upon them by their previous confinement, & the discipline of the Institution. I beg leave to suggest that the 24th section of the Act of 1796, which was intended by the Legislature to apply to such cases, and to inflict an increased punishment, is defective, and has never been carried into effect, because it prescribes no mode of legally ascertaining the former conviction of the same person. I submit for the consideration of the Assembly, whether it be not advisable in such cases, to direct an investigation in the District Court of Richmond, where may be easily procured the Records of the former conviction and the evidence of the Identity of the person.

There is one circumstance in relation to this Institution, which, I conceive, is highly worthy the attention of the Legislature. It is the frequency with which the most desperate and daring attempts are made by the convicts to effect their escape. These plans, although well conceived and deeply laid, have not succeeded in any instance since your last session: but they have sometimes approached the very moment of execution before they have been discovered. Disappointment seemed not to discourage them, and it was at length found necessary to increase the detachment of the Public Guard stationed at the Penitentiary, and to require the constant presence, both day and night, of one of the commissioned officers. It has not since been found advisable to lessen the force stationed there, nor to dispense with the presence of the officer; so that although escapes are thus prevented, the object is accomplished at a vast expense to the community, and greatly to the public injury, by so weakening the Public Guard, as to render it less competent to protect the public property in this city, for the preservation of which it was originally established. It is therefore respectfully submitted, whether sound policy does not require an increased severity of punishment for escapes or attempts to escape.

On the training and disciplining the great body of the Militia, so frequently the subject of communication to the assembly, I forbear to make any observations: not because I deem the subject uninteresting, but because its importance, at all times, & particularly in the present aspect of our Foreign Relations, is so obvious, that it is impossible any thing I could say, could increase the impression already existing on the mind of every Member of the Assembly. I beg leave, however, to remark, that the rules of discipline as established by congress in their resolution of the 29th of March 1779, and which by the directions of the Assembly have been distributed among the officers of the Militia, have no relation to cavalry exercise or discipline; nor has any system of discipline ever been furnished the officers of cavalry for their information. Permit me to recommend to the consideration of the Assembly, a small "treatise on the new sword-exercise for cavalry," which is said to have been digested, partly from the Prussian and partly from the Hungarian exercise for Hussars, and to be universally introduced into the armies of Europe; and is believed to contain the best system of cavalry exercise now extant. I am indebted for this treatise to Major John Clarke, the Superintendant of the Manufactory of Arms, who enclosed it to me in a very sensible and well-written letter, with the patriotic wish that it might be published and circulated among the officers of cavalry, with the addition of Engravings, executed in the style of those in Steuben's discipline, exhibiting the Horseman in all the various attitudes of performing the motions and evolutions described in the treatise. The executive approved the plan, but determined, before its execution, to submit it for the consideration of the Assembly.

The increasing expense, with the increasing number of Court-Martials, arising from the latitude of construction given to certain parts of the Militia law, is, I conceive, worthy the attention of the Legislature. Their interposition is the more necessary, because the construction given to the law, varies with different officers in different parts of the state, and even with different officers in the same neighborhood. By the 23d section of the Militia law, passed in the session of 1805, it is directed, that "any officer who may be guilty of disobedience, or other misbehaviour, when on duty, or shall, at any time, be guilty of any conduct unbecoming the character of an officer, shall be put under an arrest by his commanding officer, & tried as hereafter directed." Some officers have given a very broad construction to the general words of this section, and have not considered them restrained by any thing to be found in other parts of the same law. Their construction authorises and requires the arrest of officers, for acts which are mere violations of morality, or of law, in no manner relating to their official character or conduct: and it is believed, that in some cases, simple violations of the rules of decorum have been exhibited as the foundation of arrests. Other officers have given to this section a more limited construction, believing it to be restrained, in its application, by the 27th section, which in prescribing the organization of Courts-Martial, speaks of them as being "instituted for the trial of offences as they are to be viewed in a military light:" and therefore, in the estimation of the advocates of the limited construction, precludes Courts-Martial from enquiring into acts, which, although they may be violations of the laws of honor or morality, and even of the positive laws of the land, have no relation to the official conduct of the accused. I beg leave to represent that, it is believed the facility of procuring arrests, has in many instances, been wantonly abused, to the vexation of individuals, and the injury of the public, and unless restrained, bids fair to absorb a very considerable proportion of the fund usually appropriated to the contingent expenses of Government. On some occasions, Courts-Martial have been erected into Courts of Chivalry, for the trial of nice points of honor, which, although important to the parties, did not interest the Community; while on others, it is believed, they have been made the instruments of private pique, resentment, or malice, to wound the feelings, and obscure, for a time, the reputation of meritorious officers, by the exhibition of charges, which frequently were groundless, or if true, ought never to have been made the subjects of investigation before a military Tribunal. I therefore invite the attention of the Legislature to this subject, and beg leave to submit whether it has not become necessary to define, with more precision, the offences for which an officer may be tried, and to require that the charges shall be supported by affidavit before an arrest shall be ordered.

By the 14th section of the Militia law, it is declared that every officer who shall be appointed to command any Volunteer Company, and shall fail to complete his quota within six months after receiving his commission, shall be discontinued, at the discretion of the Executive, unless good cause be shewn to the contrary. But, it very often happens that officers, after having completed their quotas, suffer their companies or troops to be reduced far below the legal standard, without making successful exertions to complete them again. It is not believed that the Executive have any power to discontinue officers thus situated, although the public interest might require it. Ought not the same policy which directs the discontinuance of an officer for failing to complete his quota in the first instance, also to direct such discontinuance when he permits his company to be reduced and then fails to complete it again?

Our act of assembly of the 25th of January 1804, section 25th, declares, that in the trial of Militia Officers, the courts Martial shall proceed according to the rules and articles of war as established by a resolution of Congress: and the 45th section of the same act also provides that the Militia, when called into actual service, shall be governed by the articles of war which govern the troops of the U. S. But the act of Congress of the last session, "for establishing rules and articles of war for the government of the armies of the United States," makes several important changes in the articles of war. It is therefore submitted whether our Militia law ought not to be so amended as to have reference to the articles of war as at present established.

Presuming it will be satisfactory to the Assembly, I transmit a list of slaves condemned to be executed, but by the humane provisions of our laws, reprieved and sold by the Executive, on condition of their being carried out of the U. S. This document embraces every case that has occurred since the passage of the act of the 15th of January 1801, giving that power to the Executive. It is believed that the conditions of this law have in some instances been improperly evaded by the purchasers of slaves, who, in compliance with the letter of the law, have carried them out of the United States, but in total violation of its spirit, have there made sham sales of them to their agents, brought them immediately back into some of our Sister States and imposed them on their citizens. It is submitted, whether the provisions of this law might not be so guarded as to prevent such improper practices.

By the act, intituled "an act to reduce into one, all acts and parts of acts relating to the appointment and duties of Sheriffs," it is declared, that if any person, appointed as Sheriff, shall not within two months after his appointment, give bond and security as required by law, the clerk of the court of such county, shall within one month, transmit to the Governor, a certificate of such neglect or failure, and on receiving such certificate, the governor, with the advice of council, is authorized and required, to issue a commission to some other person nominated by the court; which commission shall supersede the former commission. The executive have lately had occasion to act under this Law, and although they were perfectly satisfied as to the cause of the failure, decided that the language of the law was so express, positive and mandatory, as to leave them no discretion, but that they were absolutely bound to supersede the former commission. As this construction, which the executive consider in the only one the law will bear, may operate to deprive meritorious magistrates of the only reward for their services, even where they may not have been guilty of any intentional neglect, it is submitted whether the law ought not to be so amended or explained, as to authorize and require the executive to issue a commission to some other person nominated by the court, unless good cause be shewn to the contrary.

In consequence of the death of the virtuous, the patriotic and venerable George Wythe, whose services will long be remembered by a grateful country, the office of Judge of The Chancery Court, for the Richmond District, became vacant. The executive would have manifested a criminal inattention to the interests of the public, had they permitted this very important office to remain vacant until the meeting of the legislature: and therefore, after allowing themselves sufficient time to look around for a suitable successor, the office was conferred on Creed Taylor, Esq. But this appointment depends for confirmation on the will of the assembly.

The office of Brigadier General of the 15th Brigade, has become vacant, by the death of Brigadier General John Bowyer; and the office of Brigadier General of the 14th Brigade, has become vacant by the resignation of Brigadier General Henry Young. I have also to announce, that a vacancy has been occasioned in the Privy Council or Council of state, by the death of Lyne Shackelford, Esquire. It belongs to the General Assembly to fill these vacancies.

I have received from the Governor of Maryland, a resolution of the General Assembly of that state, proposing an amendment to the Federal Constitution, so as to authorize and empower the Congress of the United States, to pass a law, whenever they may deem it expedient, to prevent the farther importation of slaves from any of the West-India Islands, from the coast of Africa, or elsewhere, into the United States, or any part thereof. I have also received from the Governor of Tennessee, a resolution of the General Assembly of that state, proposing the same amendment to the Federal Constitution. I have the honor to lay them both before the General Assembly.

I transmit herewith the Auditor's statements of the taxes for the year 1805, including the different branches of the revenue, accompanied with an account of expenditures, together with a list of balances due from Sheriffs and Collectors, to the first of October, 1805. In relation to this subject, there is one circumstance which I deem it my duty to bring to the view of the Assembly. It is the fact, that as early as the 4th day of April, the Public Treasury was so exhausted as not to afford the means of paying warrants drawn on it by virtue of legal appropriations. I now enclose a list of warrants amounting to 21,198 dollars and 86 cents, presented at the Treasury between the 4th of April and the 10th July, and which, at the time of their being presented, the Treasury could not discharge. It is also a notorious fact that many other warrants, the amount of which cannot be precisely ascertained, were held up, and not presented, on account of the known inability of the treasury to discharge them.

I have thought it my duty to communicate these facts for the information of the Legislature, but I forbear to make any comment, because I conceive the important business of revenue belongs exclusively to the consideration of the representatives of the people. It is also my duty to communicate that the fund for the "contingent expenses of government;" the fund "for the expense of removing criminals to the Penitentiary and their confinement therein, including officers' salaries"; the fund "for the public services of District Court Clerks," and the fund "for the payment of the expense incurred at the several Ware-Houses for the Inspection of Tobacco," have been exhausted: and that several warrants, drawn on each of those funds, and now in circulation, cannot be paid until some further appropriations are made by the legislature. I enclose a list of these warrants for the information of the Assembly.

Before I conclude this communication, I beg leave, most respectfully to call the attention of the Legislature, to the importance of schools for the more general diffusion of knowledge. I shall not speak of the influence of Education on individual happiness, by enlarging the mind, extending our views and desires, opening new sources of enjoyment, and multiplying the means of gratification. I speak of its influence on the national character; and in this view, it is, I humbly conceive, an object of great national concern. The history of other nations, the wisdom of whose policy has been directed to this important subject, bears the most indisputable evidence of its vast influence in promoting a spirit of industry, adventure and enterprize; in early implanting the principles of virtue, and more effectually preventing the commission of crimes than any other expedient that has ever been resorted to in any country. The liberal and humane policy of the Legislature of Virginia has enacted, at an expense of 135,000 dollars, a Jail and Penitentiary house, for the confinement and Punishment of Criminals: and it is supported at an annual expense of about 6,587 dollars, exclusive of the sum of 28,714 Dollars and 31 Cents paid for expenses of criminal prosecutions, and the sum of 5,686 dollars 24 cents paid for removing Criminals to the Penitentiary. The object of this policy, is the prevention of crimes, by the reformation of Offenders, and by deterring others from their commission by the influence of example. Shall we expend so much money in the uncertain hope of preventing crimes by a system of punishment, and shall we give nothing to the establishment or support of a system of education which would prevent them more effectually by inspiring a love of virtue, and giving an early strength to its principles? Shall we expend so much in the efforts to reform Malefactors, and shall we give nothing to increase, to the virtuous poor, the facility of education: to draw forth, from obscurity and indigence, the exertion of the intellectual powers of those, who might be useful, but are now lost to the community: or the still more splendid talents of others, who, but that "their lot" forbids, might become ornaments to their country, "read their history in a nation's eyes?"

I hope it will not be inferred from these observations, that I am inimical to the Penitentiary establishment. I admire it as an excellent system for the reformation of offenders. But I more admire a system for the general diffusion of knowledge, because it will more effectually prevent crimes, and produce other most substantial benefits. That it is essential to the preservation of a republican government, is a remark not less true than common. A People, once free, can never be enslaved, long as they remain enlightened. With arms in the hands of a well-regulated Militia, they may defy invasion: and elevated by true, and inspired with the knowledge of their own rights, and the duties of their representatives, they will have nothing to fear from the intrigues of faction, or the designs of ambition; for "the voice of the people" will then be heard as the "voice of God." Our present situation is favorable in the extreme to the introduction of great and useful improvements. By the most happy organization, our foreign relations are entrusted to the Federal Government, and they are now under the guidance of an administration, whose wisdom, virtue and unceasing solicitude for the public welfare command all our confidence, and leave us at leisure to devote our attention to internal and domestic improvements.

The observations which I have thought it my duty to make, have been dictated by a regard to the interests of our country, and I beg leave to assure you, that they are submitted with the profoundest respect for the General Assembly. There are several other subjects which it will be my duty to lay before the Legislature and which shall be embraced by a subsequent but early communication.

I have the honor to be with great respect,
Sir,
Your most Ob't. Serv't.
WM. H. CABELL.
The Honorable the Speaker of the House of Delegates.