which under a high sense of my official duty I was con pelled to return, without my approval, to the House i which it originated. This bill, with my objections, was lai upon the table, and will properly come up for consideratio at an early day. I beg leave to state that reflection ha only confirmed me in the opinion I then expressed of it unconstitutional character, and of the destructive influen ces which its passage would be calculated to exert over our State System. To the objections I then urged, I would beg leave now to add another. It is, that the Corporators are strangers to us and to our State, and not presumed to feel special interest in our success except to the extent that it could be made beneficial to them. On this subject, our neighboring State, Georgia, furnishes us a warning and a probable illustration, in her Brunswick enterprize. Let us profit by her experience.

AMENDMENTS OF THE CONSTITUTION.

The 3d Section of the 6th Article of the Constitution provides that "No President, Director, Cashier, or other officer of any Banking Company in this State, shall be eligible to the office of Governor, Senator or Representative to the General Assembly of this State, so long as he shall be such President, Director, Cashier, or other officer, nor until the lapse of twelve months from the time at which he shall have ceased to be such President, Director, Cashier or other officer."

When our Constitution was adopted, we had in existence several large Banking institutions, which, it was feared by some, would exercise a controlling influence over our State legislation. These institutions have failed, and are in existence only for the purpose of winding up their affairs with as little loss as possible. Their influence is gone, and no one now apprehends danger from them or their officers. The time is approaching when we shall be called upon

!

com. se in laid

ation

has

of its

men

our

beg

are

eel

at

ur

a

18

!

to settle definitely the question, whether we will continue
to use the paper currency of our neighboring States in all
our commercial transactions, or whether we will make a
currency of our own. The latter policy will ultimately be
adopted; probably not, however, for some years yet. -
Should the State ever charter a Bank, every citizen would
be interested in its being a solvent and prudently managed
institution. To guarantee this, it would be desirable to
place in its direction our best and most practical men.-
But Bank Directors receive no compensation for their ser-
vices, and who, except the reckless speculator or the man
who desires to borrow more than his due proportion of the
money, would consent to be a Director for nothing, when,
by accepting the office, he would disfranchise himself as a
citizen? Men of character, talents and independence, would
hesitate thus to surrender their equality for the purpose of
protecting the interest of those who put them under such
unnecessary proscription.

The 8th Section of the 6th Article provides that "no
Governor, Justice of the Supreme Court, Chancellor or
Judge of this State, shall be eligible to election or appoint-
ment to any other or different, station office, or post of
honor or emolument under this State, or to the station of
Senator or Representativein Congress of the United States,
until one year after he shall have ceased to be such Govern-
or, Justice, Chancellor, or Judge."

These are officers elected by the people, and are presumed to possess at the time of their election a good degree of the confidence of their fellow citizens. Now, unless there is something demoralizing in these high positions, I can see no good reason why they should be ineligible to other offices until after they had received a year's purification. Where should we more naturally look for a Governor than to a venerable Justice of the Supreme Court,

3

:

who had devoted his life to the best interests of the Star and who, full of years and full of honors, felt that the p sition was overtasking his physical energies? Or whe would we so naturally look for Justices of our Supren Court, or for Chancellors when that Court is establishe as to the Judges of our Circuit Courts? But these are a ineligible. Instead of transferring our Circuit Court Judge as they become venerable in years and profound in lear ing, to the appellate Court bench, to establish the laws of th State and give to our reports a proud position among thos of our sister States, we shall continue our legal learnin upon the Circuit Court benches, and place our young an untried lawyers upon the bench of the Supreme Court, t review and set aside the decisions of age and experience This I am sure should be reversed, and it can only be don by repealing or amending the section.

The 10th section of the 6th Article provides that "ne minister of the gospel shall be eligible to the office of Gov ernor, Senator or member of the House of Representatives of this State."

Ministers of the gospel are not often disposed to engage in political life, but there is, I think, no good reason why they should be Constitutionally prohibited. I have never been able to sympathize with that species of intolerance that would exclude a man from office on account of his religion, and especially for having too much of it. These sections are all proscriptive, anti-Republican and unneces-sary, and I respectfully renew the recommendation made at the opening of the session, that the General Assembly take the necessary measures to place the question of their repeal before the qualified voters.

In my former communication, I recommended a return to annual sessions of the General Assembly. I was then

under the impression that the interest of the State would be promoted by such return. I am still under that impression, and respectfully recommend that the question of a change in that provision be submitted to the people at the next election.

BOUNDARY LINE.

The suit pending in the Supreme Court of the United States, for the settlement of the question of boundary between this State and Georgia, has not been decided, and believing that with the information elicited by the Commission of last year, this unpleasant controversy mav be settled without the interposition of a judgment of the Court, I have suggested to his Excellency, Gov. Johnson, the propriety of continuing the cause, by consent of parties, with a view to procure from the Legislatures of the two States, authority to negotiate a settlement. To this proposition he readily assented, and the cause will be continued at the December term of the Court. I respectfully request of the General Assembly the appointment of a special Commissioner, or that it confer upon the executive special authority to negotiate a settlement.

SWAMP AND OVERFLOWED LANDS.

The State's agents have been dilligently employed in perfecting the selections of the swamp and overflowed lands granted by Congress, and they now amount to something over eleven million acres, with a prospect ultimately of about three million more. The approvals have been somewhat delayed, and very few patents are yet received, so that there is no means of deciding when these lands can be offered for sale.

CRIMINAL PROSECUTIONS.

The Comptroller's report shows that during the fiscal year just closed, the collections from fines and forfeitur have been quite inconsiderable, whereas the amount warrants issued on account of criminal prosecutions is large than for any previous year. The collections from this sourc have been regularly decreasing, and the expenses regular ly increasing for years past. This shows that there is som defect in the law on this subject, or that there is an inex cusable want of attention in executing it. I cannot to earnestly urge upon the General Assembly the importance of a thorough examination of this subject, and the application of an efficient remedy.

FEDERAL RELATIONS.

On the subject of Federal Relations nothing has occurred to change the views which I expressed in my former communication, and to that I beg leave respectfully to re

fer.

With an anxious desire that the God of all grace may preside over your deliberations and direct your counsels for the prosperity of our Commonwealth and the promotion of His glory, I am,

Your fellow citizen,

JAMES E. BROOME.

On motion, it was ordered that five hundred copies of the Gov ernor's Message, be printed for the use of the Senate.

On motion of Mr Long, it was

Resolved, That a Committee of five members of the Senate, be appointed to act with a similar committee on the part of the House of Representatives, to whom shall be referred the subject of Census, and apportionment.

On motion of Mr. Hawes, ordered that the Secretary of the Senate be required to procure of the Secretary of State, for the use of the members of the Senate, each a copy of the Journal and Acts of the last Session.

On motion of Mr. Long,

Resolved, That so much of the Governor's Message as refers to "official reports" be referred to the Standing Committee on the