, 1840-11-28

VIC DdualHB COHlpdhy aho oi"hShS ~
tablished in this state, to be IN operation al
the same time, and the State must W al
least a moiety of the capital stock. The le'
g~islature in chartering the various Insurance
Companies. ~seduously avoided extending to
them banking privileges. Notwithstanding
this precaution on the part Of the Legislature
these companies have been carrying on an
extensive system of banking contrary in my
opinion to the true intent and spirit OF thelI
charters. Should the legislature in granting
those charters have overlooked or suffered
provisions to creep into them under color o.
which they have assumed the exercise o
powers not intended to be granted, and in
violation of the true intent and meaning o.
the constitution, then it becomes your duty
TO remedy the evil as speedily as possible
To this end | would recommend the appoint
ment of a committee, clothed with authority
10 make IA thorough examination whether the
letter Of the constitution and the spirit OF
their charter has been thus violated.
The number of new counties which will
probably be organized during your present
session will in all probability render II neces-
sarv to establish an additional judicial cir.
cult in the southern and southwestern part
of the State. The judges Of those two cir
cults have to travel over so extensive 4 terri
tory that they have but little time TO devote
to the examination OF authorities bearing up
on the cases before them. Their compensa-
ton too is very inadequate and it would seem
10 me reasonable that they should not be COM
PEELED 10 expend the small pit,ance they re-
ceive. in Iiluidating their travelling expenses;
this subject is therefore recommended TO your
favorable consideration.
! feel myself again called upon by L sense
of my constitutional duty, and a conviction
Of lis advantageous policy TO recommend
L concentration 1T the seat of government
of the Supreme Court. 1t is of the utmost
importance 10 the community that the deci.
Sions of this tribunal from which there is no
appeal SHOULD be enlightened and speedily
diliused. This subject was suggested 10 the
General \. -mbly in my last message and 4
law was passed providing for the publication
Of the decisions in one newspaper in each
indicial district. The decisions however un-
der this law are circulated in Il shape So per.
ishable and to al extent SO limited as 10 rem.
der tie relief but partial.
Ii has long been a matter of complaint that
the publication and distribution of the deci-
sions of this tribunal are delayed So long
that it IS nearly 7 vcIr after the rendition of
the opinion before the principles that it has
decided are generally known. This is neccs-
sar:ly attended with great Inconvenience. cy-
cessive expense and delay Of justice 20 the
parties interested.
In addition 10 this the decisions hove cor
rnr,lN- ,n,.n ,In,- p,,,- I,n I,,J ,- ,I,,
newspapers, are not submitted for correction
TO the superintendent of any competent
person, and are issued hastily and without the
attention which should be bcstow-
ed upon ad Indications 50 important. In
consequence. the evident design of the law
Is not. and cannot in this way be fully CON-
By Il concentration of the court
this evil will he corrected as far as it is pos
The copy of the decisions can be
prepared under the immediate control and
supervision of the Reporter who could not
bestow that attention and care on the
various modes of publication ordered by the
legislature which their Importance demands.
! have cited this as an additional reason to
those mentioned in my last message, to
refer you why the court should be
| trust that You NAV find
this subject presenting itself TO you in the
same light in which | regard it, and that you
nay think with Inc that 4 law rendering this
tribunal stationary will be productive Of in
despatch in its business. a more rapid
md correct diffusion of its opinions and rs
more time and greater opportuni-
les to its judges for the proper and thorough
preparation of their decisions.
Some of the first volumes of the decisions
If the Supreme court were destroyed by the
,~onfagration of the State House, and the
limited number Of copies originally published
AVE become nearly out of print. 1t is a
cry rare thing to find them except in the
lbraries of the older lawyers of the State, ,
nd rs many of the decisions which thew
are made upon statutes which G
re now in operation, it is important that
hey should be restored. The decisions of 4,
his tribunal are rs much the law of the land !
5 the enactments of the legislature, and i
heir preservation is as much necessary to g
lake and maintain complete the civil histo- /
Y of our country. s
The demand which exists for these books Q
not now sufficient to Justify their private h
,nrint. and unless tho lppiSloturn will nrJor =.