Mobile daily commercial register and patriot., 1841-11-05
MESSAGE.
EXECUTIVE DEPARTMENT,
 tR NJ. n.s a

EXECUTIVE DEPARTMENT,
 Tuscaloosa, Nov. 1st, 1S41.
 .u,,a,n of ths Senate and House of Representatives
 Nothing is better calculated to illustrate the excel lence and beauty of our representative system, than the recurrence of seasons and of events, by wh'ch the chosen representatives o free people annna'y assemble at the capitol of te state Tor the purpose
 of making suitable returns for the confidence rePosed in them by the enactment of wise and saintary iaws and throwing additional safeguards around the essen t rights of e liberty and property It IS Tor these high purposes you are now assenbled-ana no uouo' is enteraned that tine elevated character ana npnr- tance of the trust confded to you patriotism, nei- gepce and yirtue will sufficiently admonlsh you of the solemn obligation you under to perform the duties arising from that trust, with perfect fidelity. Ten dering you my most cordal and respect.ui saiu'a- tons, and repeating the assurance Defetoo'e B"en' of my perfect readiness heartily to co-oPe'ate with you in all measures having tendency to promote the public goodet us unite in suppiicatng 'he D'' vine Goodness to over-rue and direct all our pro- ceeding in such manner as to promote the interests of the people of Alabama, and furnish an example worthy the imitation of after times.
 In the history of the past year, nothing has occur red in our pubc affairs of the ordinary of eYeafs. Every branch of industry is likely to meet A corresponding reyard and 1t IS a source of pecu- liar satisfaction Co be enabled to remark, that by most praiseworthy and commendaby system of ruga- Ilty and industry, the people rapidly extricatng themselves from the pecuniary endorsements al most necessarily and inseparabe incident to sea- of apparent prosperity, and of actual exerton, speculation aad enterprise like that through which we, in common with others, have recently passed. With annual and increasing exports of upwards of twenty millions of dollars, aBd with vast resources not yet fully deveoped and, consequently unproduc- tiye nothing Is wanting but perseverance in the ,a- bits of industry happily begun, and now in suc- cessfpi operation to enable Alabama to progress pidly in the onward march to the high rank she is destined attain among the states of the American Uaion. To exat her to that proud station, should be the incessant object ofber public servants.
 Under the act of the 9th January, 1S41, entitled 1.An act to wind up the land office at Courtland," appointed Robert fenner and R. B. Jones, Esq, commis make final settlement with the Re- gster and Receiver, and with all other officers neced with said office, whose accounts unsettled. This duty was promptly performed by the commis- sioners, and am happy to be able to say that the business of said office had been conducted with per- feet fdelty-The books and papers pertaining to the otce have, according to the provisions of ibe act for
 winding up its affairs, been transferred to the office of the Secretary of State. The report of the com x,issioners will, doubt, be communicated to you in due time: and the act under which they appointed made provision for their compensation, it will become your duty to make suitable provision npon that subject. The expense of transferring the books and papers from Courtland to the State De- partment was paid out of the contingent fund.
 Iu fafllment of the duty imposed the Execu- tive, by the act of the 9th of January, f8i1, entitled ssAn act in relation to the public arms, completed ehe board of created by the for the erection of the State Capitol, by adding to the num- her John D. Phelan, Dennis Dent and Jones M. Withers; and tho commissioners. after the board was organized, purchased building already erected, in an eligible part of the city, for State Arsenal, for three thousand dollars-provded the legislature should sanction it. Fully satisfied that the commits soners consulted the interest of the state, purchas ing, rather than bnilding and that the house and lot rl,as seI rio The mn f, he paid for them, respectfully recommend that the tract be ratified by the Legislature, and that q iher appropriation be made in order to pay for them, lineluding. of course, the portion of the ap- propriatioH heretofore made and applied to that ob- feet A part of the former appropriation, will be from the Comptroller's report, reserved by the toner's, for the purpose of making the necessary repairs and alterations in the building pur chased, to adapt it to the intended to be made oft Good and sufficient titles have already been ex ecuted to the state, to the property in question.
 The act making it my duty cause the camp equ,- page, furnished inc expense of the state, to be sold, in those brigades of militia in which encamp- ment drlls have been abolished, has not been cun- piled with. It occurred to me, reflection, that the attempt sell these articles would result almost certainly. in nearly the entire los. of the amount ex. pended in fI,eir purchase. l therefore consider ed that would be better to have them brought the seat of government, and deposted in the public Ar ssaai. which is sufficiently eapaejous to hold them, zad where they be taken care of with very little additional trouble or expense. In ordar to prevent the further accumulation of expense this subject, caused an order t0 be issued on the 25th day of June, Is4l, to prohibit the further purchase of art- ces of this description at the expense of the state and informing Brigadier Generals commanding bri- gades in which the encampment drills had not been abolished, and which unfurnished with camp quipage, that they could be supplied from those which camp equipage had been furnished, and in which the drills were abolished
 have found it impracticabe to sell the reports of she decisions of the Supreme Court, the price fixed by tue joint resolution of the 10th of Decenber lS40 --sor do think it at all probable that all of them eaa he sold at that price. The truth is, that the nunbsr of some of the volumes now in the library greatly exceeds any demand likely to arise for them. l respectfully recommend to the General Assembly such further legslatiop the subject az, in their judgment, may be most likely to reimburse the a. mount expended in their publication. have conti- nued to deposit them with the booksellers at Tusca- ioosa, to be sold account of the State the manner they disposed of before the passage of the law above referred to.
 In connection with this subject, beg leave to bring so your notice, the proprety of providing for new and more perfect Digest of the laws of Alabama. Among other reasons for making this suggestion, it may Dc remarked that the number of copies of the las, edition is entirely exhausted, and that it was found necessary, after the last general election for county officers, to purchase fifty copies of the Digest in order to supply all the counies-which paid for of the proceeds of the sales of the reports as wil be by reference to the account of J. Lacy ( Co.
 The building of the Penitentiary was completed aud the key delivered to the commissioners on the 27th uit The report of the commissioners, will in few days, give yos particular information in relation 10 the fulfnent of the contract, and the style and manner of the workmanship.
 look with confident expectation to this institution as one likely to De productive of the most salutary effect, both in the prevention and punishment of crime; and, indeed, the only system which can carry out that great principle of humanity and bene- violence epgraited upon constitution, and which reflects impershable credit upon its fr,mers; which requires hat penal code shall be founded on prin eiDles of rstorpation, and not of vndictve justice The aud ibs sautary effects of this system, however, must depend, in great measure, upon the wisdom of the legislature in adapting to each offence punishment proportonable to its inagnitude--tak- ing never to exceed, in the way of punishment, the bounds of enlightened and vrtuous public opinion; for. it may Le affirmed of every country having the ssmblance of freedom, especially oi our own free and happy land, that penal enactments will never De