commencement and termination within our own borders, should be con. venient to other great works of a similar character, now in progress or in contemplation by other States, in order to multiply the number of our outlets, and create additional competition for our surplus productions. Should our citizens ever find it to their interest to divert a portion of their trade from the south to the north, a rail road, at a very small cost, could be constructed from St. Charles to a point on the Mississippi river, opposite the mouth of the Illinois, a distance not exceeding nine or ten miles, so as to connect our rail-ways with the contemplated canal, uniting the Illinois river with the southern bend of Lake Michigan, opening a direct communication by the way of the northern lakes and the Erie canal to the city of New York.

In connection with this subject, I would recommend as a preliminary measure, and one of great importance to the future interests of this State, the propriety of memorializing Congress for the right of way for our rail roads through the Public Lands, and for a grant of alternate sections of land on the route of such rail roads as may be established by law within our limits, and where such lands may have been otherwise disposed of, then a quantity equivalent to alternate sections, to be selected as nearly contiguous to the road as practicable. The General Government has heretofore granted to the States of Ohio, Indiana, and Illinois, large quantities of public lands for similar purposes; a portion of those lands have been disposed of at high prices, and there is no doubt entertained, that the funds arising from their sales will eventually be sufficient to pay the whole cost of the several public works in aid of which they were granted. There is no good reason why the same justice may not be extended to Missouri, and doubtless will be, if applied for. The United States would lose nothing by making such grant, for the establishment of rail-ways and the consequent improvement of the country produced thereby, would enhance the remainder of all the public lands within the vicinity of the road to quadruple their present value. Estimating the number of miles of rail roads according to the proposed routes (which are contemplated as only the commencement of the system) to be about eight hundred in a direct line, the quantity of land, should Congress consent to so much of the foregoing proposition as relates to those particular routes, would be eight hundred sections, or something upwards of five hundred thousand acres, about the same quantity that was granted to Ohio for similar purposes; a quantity sufficient, if properly managed, to go very far towards refunding the amount that may be expended in their construction.

If the General Government should extend the grants of alternate sections of land to all rail-ways that my be established within our limits, (which I think it greatly to her interest to do,) lateral branches may then be extended from the principal stems to every county in the state, and as the country through which those branches would pass, contains a greater portion of Public Land than that through which the principal routes extend, we may with safety calculate

that the average value of the land on such routes would amount to a sum sufficient to refund the whole cost of the work. If however, the proceeds arising from the sales of the lands would only be sufficient to pay the interest on the money used in their construction, even that itself would be "a consummation most devoutly to be wished" and affords a strong argument in favor of taking the necessary steps with as little delay as possible towards procuring the assent of Congress to the object in contemplation. Application should also be made to Congress for a remission of the duties on all iron rails, or machinery which may be imported from abroad for the use of the rail-ways within our limits. Congress in no instance within my knowledge, have ever refused remitting such duties when applied

for.

Whether a system of internal improvements by this State be adopted as an independent one, or in conjunction with individual enterprise, still the means of construction not being in our possession, we shall be constrained to resort to a loan; other states have done so, and found it a profitable investment, and there is no good reason why we may not obtain in the same way the means necessary, and make the investment profitable to us. But the establishment of a State Bank, with the capital allowed by the constitution, will, it is thought, afford ample means, not only for commercial purposes, but will enable us to prosecute a system of internal improvements commensurate with our wants.

Education is a subject of abiding interest to the people of this country and demands the fostering aid of the legislature. By the adoption of a general and diffusive system, by placing the means of education within the reach of all; our invaluable institutions may be preserved and transmitted to the remotest posterity-without it all is in danger of being eventually lost. The institution established by the patriotism, and hallowed by the blood of our fore fathers, must soon degenerate into anarchy, misrule and despotism. Notwithstanding all acknowledge the importance of education, yet but little has been done to advance the cause in our state. It therefore devolves on you, as the representatives of the whole people, to adopt and put in motion such a plan as will meet their necessities. adopting a system, you have before you the experience of several of our sister states, who now have in successful operation, different systems of common schools, which are more dependent on legislrtive aid than seminaries; for we have a find, derived from the sale of the land acquired from the general government, by this state, for the establishment of a seminary, which if judiciously applied, will go very far towards e ecting the obiont of thi

tion of all the territory lying on the north stue of the Missouri river, and west of the present boundary of the state, and bounded on the north by the present northern boundary line, as established by the

D

constitution, when the same is continued in a right line west to the Missouri river, embracing what is commonly known as the Platte country. It was afterwards proposed to amend the constitution, so as to cause the boundaries of the state to conform to this proposition, when the assent of congress should be obtained; and the constitution was accordingly so amended.

Congress at their last session passed an act granting to Missouri her request, upon condition that the claim to those lands could be procured from the Indians by the U. States The executive has not been officially informed of the result of the efforts of the authorised agents of the Federal Government in relation to the extinguishment of the Indian title to those lands; but from sources not to be questioned, he is satisfied that a treaty to that effect has been made, and that the wishes of Missouri in relation to this subject, will be fully realized at the approaching session of Congress.

It will be remembered by you that an act was passed by the last General Assembly "to ascertain the northern and southern boundary line of this State," and authorised the appointment of two commissioners and one skilful surveyor to ascertain, survey and establish the north boundary line. In pursuance of this authority two commissioners were appointed, who have always been ready and anxious to discharge the duties required by law. A surveyor was also appointed by and with the consent of the Senate, and a commission made out and forwarded to him. The gentleman thus appointed and commissioned declined accepting. The executive then appointed and commissioned another gentleman, who also declined to accept. Congress about the period of the last appointment, or shortly thereafter, took up the subject of the annexation of the territory above referred to, when the then executive considered it expedient to suspend all further efforts to have that line run, until some further action could be had thereon through the General Assembly. It is therefore recommended that the act referred to, as having been passed at the last session, be continued in force, and amended so cause the line to be run to the Missouri river, as called for in the recent amendment of the constitution, and to increase the compensation of the surveyor, as a skilful one cannot be procured for the price allowed by said act. The propriety of requesting congress to appoint a commissioner or commissioners, to co-operate with those appointed by this State, is respectfully submitted; and as the approaching session of congress must terminate in the first part of March next, it would perhaps be well that your attention should be turned to this subject in the early part of your present session, that it may be brought to the notice of Congres: at an early day.

as to

In relation to the southern boundary line, a surveyor was appointed according to the provision made, and a commission forwarded to him, which he declined accepting. Another was then appointed and commissioned, who accepted the office, and entered upon the

27

discharge of his duties, and who will, I presume, in due time, lay before you the result of his labors.

The sittings of the supreme court of our state being at four different points may be considered disadvantageous to the interest of the community, not only in relation to the augmentation of the expense of office rent and of transmitting the decisions of the court to the Attorney General, who is, by law made the reporter and is required to reside at the seat of government, but especially in relation to the opportunities afforded the court in making up their decisions. With the exception of St. Louis, it is believed that the court is not A paafforded an opportunity of consulting, extensively authorities bearing upon the particular points presented for their consideration. tient and thorough investigation of every case is of great importance. Under the present arrangement, the greater portion of the time of our Judges, spent in their districts, is consumed in riding from one court to another. This time expended in investigating cases, examining authorities and perfecting their decisions, might be of immense advantage by giving a more wholesome and lucid interpretation of the laws of the land. The constitution provides "that the General Assembly may at any time thereafter direct by law, that the 'supreme court' shall be held at one place only. The convention seem by this provision, to have anticipated a time, when the interest and welfare of the state would be promoted by consolidating said court at one particular point.

Parties

The time seems to have arrived when various reasons urge the expediency of adopting this measure. If the sittings of that court were only held at one place, and that where they would have the advantage of a good library for reference, there certainly would be a greater uniformity in their decisions. No inconvenience would result to parties, jurors, or witnesses, from this arrangement. seldom ever do and they are never required to attend the supreme court. The only questions to be decided, are questions of law, and consequently no jury is required. The evidence is saved by bills of exceptions, which are transmitted to the court with the record of the proceedings in the case, and consequently no witnesses are summoned to attend. Our State Library has already become respectable, and will in a few years, under the system adopted for its increase, court supreme be the largest in the State. It is therefore submitted whether it would not be better to concentrate the sittings of the at the Seat of Government, where there will be always an opportunity afforded the judges of consulting the elementary works of law and books of practice, together with the decisions of the federal judiciary, and of the courts of dernier resort of our sister states. By a resolution of the last General Assembly, it was directed that one set of the decisions of our supreme court should be sent to each of our sister states, which has been done, and Connecticut has already responded the courtesy by sending the decisions of her courts. The decisions of some other of the states had been before transmitted.--

In the event of the states reciprocating and exchanging their decisions, our library will be exceedingly valuable (independent of the increase of standard works) under our present annual expenditure.

Permit me to call your attention to the subject of the organization of the several judicial circuits. The county of St. Louis probably furnishes a greater amount of criminal business than the balance of the State, and a proportionate amount of civil business. The civil and criminal business of that county united are sufficient to engross the whole time and attention of any one judge. It should therefore alone constitute a judicial circuit. The anticipated enlargement of our territory and the probable formation of new counties at your present session will doubtless require the establishment of an additional circuit or circuits. The territory about to be attached to the state on the west, added to three or four of the adjoining counties, would be amply sufficient in extent to form one circuit; but a short time will elapse after this country shall have become a part of the State, before it will be filled with people; indeed every portion of our State is populating so rapidly that new counties will be continually demanded; hence the propriety of making the arrangement of the several circuits as nearly permanent as possible, so as to obviate the necessity of re-organizing them at every session of the general assembly. It would also be desirable that they should be so formed as to preclude the necessity in any one of them crossing the Missouri river. I herewith transmit to you a memorial from the grand jury of the county of St. Louis: the subject of that memorial will apply with peculiar force to the judges both of the supreme and circuit courts.Your attention is directed to the subject as one which calls for legislative interposition.

The militia, has since the last session of the General Assembly, been re-organized, and an additional Division created, and a hope is now entertained, that in the course of the approaching year, full returns of the strength of each Division will be had. Your attention however, is called to the subject for the purpose, of examination in relation to the present mode of reporting the strength of each company; and it is submitted whether it would not be better to require the commanding officer of each company to make the returns of the strength of his company, at his first annual company parade, directly to the commanders of the regiment, and that the commanders of the regiment, should embody those returns into one, and report the same to the Brigadier General at an early day thereafter; making it the duty of the Brigadier General then to report to the Adjutant General at the seat of Government, and also to the Commanding General of his division. Such a provision in the law is necessary in order to ascertain the strength of the militia, it being important to our State, that she should receive her quota of arms from the United States, under the general apportionment made for that purpose.

A letter from the Secretay of the Treasury of the United States under date of the 27th June last, inviting the attention of the Ex