, 1840-12-05

" Tue excited nature OF the
contest between the parties and not to any
desire on the part Of our constituted authori.
ties to wIliully or cruelty Cypress them.
These people had violated the laws of the
land by open and avowed resistance to them,
they had undertaken without the aid Of the
civil authority 10 redress their real or fan.
cied grIevances-they had instituted among
themselves a government Of their own, indie
pendent of-and IN opposition to the govern.
nent ot this State-they had at an inclement
season OF the year, driven the Inhabitants OF
an enieire county from their homes, rava,
ged their crops and destroyed their dwell.
Ings. Under these circumstances ii became
the lmperiouS duty of the Executive to inter.
pose ana exercise the power with which
he was invested. 10 project the lives and pro-
perry oi our citizens, to restore order and
tranquility TO the country and maintain the
supremacy OF cur laws.
We owe 10 our reputation, 10th at home
and abroad, The duty of cleansing every as.
perSlon that may rest upon it. Our State
character should be held equally as dear as
our individual regulations and We should use
the same eXcrtInn in maintaining the one as
s~potless us the other. Full testimony as to
all the necessary facts of that controversy has
Teen preserved OF can easily be procured.
Written evidence on both sides las been
flied among the papers of your last session
and forms 4 part also of the records of sever
al Of our courts. The facts as they occurred,
can be presented to the world upon proof
perfectly conclusive, and the reputation Of
our State can be rescued from reproach by
IN exposition of the true cause and events of
those difficulties.
In recommending the publication of this
testimony, | have no care about its effect up
on the principles of that sect. Our consti-
luton has given us the high privilege Of reli-
gious independence. and left the worship of
the Supreme To- the unlcttercd will of every
member Of the community. lftrue the creed
of that sect will ultimately triumph, if false
it will die amidst its wo~rshippers." To ex-
plain the attitude which We have been made
10 assume, ] would recommend the publIca-
ton of all the evidence relating to the &C.
currence and distributing the same TO the chef
authorities of each State.
| beg leave to call your attention 10 GER
tain portions of the law. regulating general
elections in our State. which think require
correction. would suggest that portion of
the law which requires the sheriff 10 give one
months notice previous to each special cleo
ton, should be repealed; the matter would
then be left 10 the discretion OF the Execu-
tive. The word .:special' was doubtless 4
clerical error in the publication. 1t should
have been "general," and ! am fortified in this
opinion by the power given in the succeed
ing section to the Executive OF directing
show many days the sheriff shall give notice
of each election to fill Il vacancy. As the
rolls from which this law was copied, was
consumed in the cOntlagration of the State
House, no evidence of error can be addu.
ced.
The legislature | imagine could not have
contemplated such 4 delay in the case OF a
special vacancy, for it would in many In
stances operas very grIeveouSly. For IN
stance in the case of Il vacancy which might
occur in your own body during the session,
the time consumed in the transmission OF the
writ together with the time required by law
of public notice and consumed IN the receipt
of the returns, would deprive the county Oh
their representation in all likelihood during
the entire session.
Another amendment which | would re-
commend will be called TO your early atten'
ton by n case arising within the lower
branch of the General Assembly. From the
report of the members elect, which will be
mlde to you by the Secretary OF State, you
will find that no election has taken place IN
the county of Warren in consequence oil al
equal number of votes having been given iol
two persons. No provision exists in ou1
law for referring this election back to the PEG
pIe. the proper fountain of representative
power; and the decision of the question i
left, by IA vagueness OF expression IN the law
to the Joint vote of the two houses OF tn
General Assembly. This mode Of decldln!
a question of such moment as the representa-
ton of a county, is not only anti.rePublican
against the spirit ofour institutions and
gross usurpation of the rights of the con
s%ti,uent. but also in direct violation OF tn
letter of our constitution, which has declared
that "The House of Representatives. shd con
sist of members to be chosen eUery second yea
by The qualified electors Of The seueral c0un
ties" The present law OF elections wa
with a very few alterations copied from tn
law of 1926 and the copyist has here omltte'