Mobile daily commercial register and patriot., 1841-11-05

or leit t0 the huhfd Ut directors, within rensOns able limit, betond which they should not go.
 also consider il my dits, though l admit Il IS an unpleasant one, to recolnmend illat the banks be rehesed, least for the present, from detfay- ing the expenses of the State gofesnalcnL II IS a maxim, that to tax and to plea-e any more than to lo,e and be wise, is Ilithcnli matter. But II Is also true, that taxation in form 0f other, Is indispensable 10 the support of government; and my own reflections long since led me to conclude, that If the amount was kept down to the actual wants of the government, the more directly il was paid the better. The people then constantly sensible of the of the contributions exacted from them for the support of government; and they take care that they exceed the amount abso- lutely necessary for it's support administered on the most economical scale. Whatever may be the correctness of this view, l have sufficient conii- dence in the patriotism and mag nanmty of the people of Alabama, exhibited on many occasions, to believe that they will submit cheerfully to the payment of sufficient amount to defrus the ex- penses of the state government; more especially when, by doing so they will avert evils of great magnitude. Indeed, feel fully satisfied that the people will not, for a moment, compromlt their high claims to magaanimity, by leaning the banks to defray the expenses of the state govern ment, when those institutions are not in a situa- ton to redeem their notes. It were superfu- to remind the General Assembly, that taxa tion is, of all others, the most delicate operation of free government, and that iu amount it ought to be kept down to an economical standard and be regulated to operate with much equality 1 is attainabe in human affairs.
 The law setting apart $200 900 annually, m aid of the valueess sixteenth sections, operates most injuriously the interest and the business of the hanks, and ought to be repealed. It is admitted that the appropriation of this sum is directed a most commendable and desirable object; and if the banks in the full tide of successful operation, should not advocate the withdrawal of this appropri- atiOn from an object dear every patriot and deep lv if annliad fn A Of rising generation But to be just before we are gem erous, is a maxim that holds good in political, as
 in moral or legal ehcs and, in tue present condtion of the banks, il is departure from the straight pathway of common honesty, which is always the best policy, to require them to perform acts of ndi- vidual accommodation public muni6cence.
 The various laws in force for the relief of bank debtors, are believed to have been sautary in their operation, and while they continue to be properly ap piled md enforced, need no noalteration.
 It is not improbable that some of the views have | submitted may appear unreasonable, and that some of the measures have recommended may seem to he harsh and rigorous. They have been reluctantly
 orted from me by the condition of the banks, and a deep of the high and solemn obligations of off, cial duty. And, permit me to add, in conclusion on
 this subject, that if the Legislature, in their wisdom, should be able to devise any other plan, more likely to efiectuate the objects which l feel satisfied have alike in view, it will receive my cordial sane ton and appreciation. Impeed by B constant desire to preserve the faith and credit of the state ppim- paired; have more than once recommended the prO- prety of providing permanent and efficient sinking
 fund, for the redemption of state bonds, and the exiinguishment of on. public debt, and ] avail my self of the present occasion toexpress the hope, tat the Legislature will keep this object steadily in view. It IS impossible to recur to our banking system, without being admoniHhed thai t Is based on bor- rowed capital, and that the faith and credit of the state solemnl, pledged for the pa, inent of that capital. And Alabama owes it to herselfi to her past history, every period of which is sgnalized by devotion to sound prnclples she owes it to her fu-
 ure fame, and to the great and gned men to whom she Is indebted for the rich inheritance of written constitution, to pursue such a will enable her at all times redeem the obligations of her pgh- ted faith with sGrppul,us fidelity
 There is another subject which Dclination and d,,- ty alike, render it proper to bring to your notice. It will be recoected, that the lSt day of January, lsiI the General Assembly passed aw estalsh-
 ing the general t'~t system, in he election of nlenl- bers of Congress from the State of Alabama, At the time this law passed, the period for which the members of the House of Representatives had been chosen, under the district system, had expired In consequence of the proclamation of the President of the United States, requiring Congress to convene the 31st of May, it became necessary, either to con the Legislature, or leave the people of Alabama unrepsesented in the popular branch of the National Legislature. Under ordinary circumstances, appre- ciating the inestInable right of representation, 
 difficulties then impending the country, and which regret to say have not been much diminished, all the promises of amendment, refornaton, and re- lief to the contrary notwithstanding considered it my imperative duty to convene the Legislature, in order to provide for the emergency which had red. Considering the pains taken at the tune to mslead the public judgment, as to the necessity which existed for convening the Legislature; it IS proper to remark that other alternative was left, but to convene the Legislature or leave the state un- represented the House of Representatyes, in the most unexampled crisis of our public affairs. The Term for which members of the House of Represen- tati,es from this State had been elected, before remarked, had expred-and, according to repeated
 decisions well the most obvious suggestions of reason and sense, the expiration of an 0if- cial term does not create vacancy within the mean ing of the constitution, be filled by the Executive, bat a lapse of the office, which requires act on the part of the legislative, or create power in order supply it, and continue its existence. It IS 10 be hoped that those who deelaimed at the time against the necessity for convening the Legislature, and in, sisted that proper exercise of the Executive au- thority, would be sufficient to meet the emergency, and the State to be represented, were al least honest in their opinions, and not influenced by de- sire wilfuly to mslead the public judgment.
 On the 27th day of April, ls4l, the Legislature passed an act for the election of members of the House of Representatives, under the system, and to that law annexed provision, submitting it to the people, determine, at the general election in August whether they in favor of the district general ticket system. The result of the popular vote upon this question, shows small majority mfa- vor of the district system.
 It is not my purpose to enquire into the proprety of submitting this question to the people, before they could possibly have time reflect the relative i- portance of the two sysiems to determine cor recty between them. On the contrary 1t is distinct y admitted that the will of the people, constitutions ally expressed, constitutes the great rule of action .i.. Mali al.lt attempt to derive any support to the general ticket law from the fact thai tho entire popular vote was not given upon this subject, by six or eight thousand votes If the Legislature should be of opinion that this question was submitted sufficient notice, and there IS reason believe that the tue state of pub lie opinion was expressed in the already referred to- it is imperative in its obligation them repeal the law-provided such repeal does not, in their judgment violate the constitution; and in that case, it would be the duty of such as could not vote for the repeal without violating the constitution, to resign and give place 10 others; for hold the true theory of representative 10 be, that when ever upon li and ample understandIng of any sub ject, the will of the oopstitqep body is fairly ascer tained and expressed 1t Is the duty of the represen- tative to yield obedience 10 that wil resign his functjOns-otherwise the government would cease to he representative in its character In the present stance do not believe there has been authorata- tive expression of the popular will and am, therefore, of opinion that the law ought not to be repeaed-es' pecialy as no election for members of congress can take place until after the next meeting of the legsla- ture. From the position occupy in relation to this question, being the only chief magistrate of Aaba- ma who ever recommended It, and particularly, from the motives then attrbnted to me, but to which time has sufficiently applied the corrective, should be wanting in selfrespect were not to assert the opin- lon, sincerely entertained, that the general ticket system furnishes the only consttutionalmode of elect ing members to the house of representatives. In .l.