Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1849-01-19

Esq, submitted in connection with this subject
their views on the subject under discussion are en-
titled TO careful investigation.
Again urge upon the Legislature the necessity 0
taking the initiatory steps for the erection of th
State Prison, and refer you to the sentiments Civ
en- IN my former message on the subject. The
manner in which the sentences Of the criminal law
enforced at the present time is calculated to bring
1t INTO dsrepute is expensive to the State, and de
trimentai to the prisoner. In some cases, stat,
PRISONERS are permitted to go at large without re-
strant, ana in other eases they are strictly confined
IN unwhosome prison rooms, which makes the en-
foTcement of this law operate unequal on the same
class OF Offenders and the result from this state
things Is the frequent application for the exercise
executive cicmency. AS the most suitable mode o
commencing the establishment of such all nstitu
ton, l suggest the appointment of commissioners
whose experience in the construction of prisons
prison discipline be relied upon to examine the
different locations of the State and select suitable
point for this object. In making the selection that
point should be designated which the labor of the
conviets would come least in competition with the
industry Of the country. Power should be given
them to procure draft OF plan of the prison and
ITS grounds, subject however, 10 the approval Of tho
Legislature, for this object and for procuring the
materials for the commencement Of its erection.
recommend that the ways and means be provi-
ded at this session The executive pardon has been
extended Internationally TO three different convicts
since the organization of the State which will be
made the subject of future communication TO the
Legislature | again invite your attention to the
punishment Of the crime of murder, and recommend
that the views contained in my last message OH
this subject to be carried ont by legislative enact
mcnts Sound reason and natural Justice direct
that discrimination should be made in the punish
lnent Of this offence, according 10 the degree OF
moral guilt displayed in the commission of the
crime. Such Il medication Of the laws will sub
serve the best Interests of society, and will secure q
more certain enforcement of the criminal courts.
The Commissioners appointed to revise the stat
ute laws Of the State, l learn, have been actively
engaged i'll the discharge of the duties imposed up
on them. and will report to You such portion of
their labors they have performed.-From the
short period of time that have elapsed since thei"
appointment, it is not expected that they will BE-
able to complete their revision during this session.
They will be prepared TO submit, at an early period,
bills revising the laws relating to town and county
government, taxation and the financial system of
the Stute.
/ recommend your early acton upon these sub
iccs, SO that the laws relating 10 them may be uni
form, as recognized by the constitution. Early ac-
ton in this respect is rendered necessary that the
laws may be published and circulated among the
people before they are called rpon 10 carry them
into execution, and this is the more necessary in
many parts OF the State, as the towns and county
governments will be new, and only short time
eIapScs prior to the next town election. For fur
Their reasons ii support Of the i,nperiots necessity
and justice Of establishing by law such uniformity,
| would refer to my last message. Attention is
called to tiie matter Of keeping the books, in the
Auditors and Trea5uger's cfiico plan easy, sim
PIE u22 comprehensive should be established by
law, and on the principle Of doGb,e entry references
IS made 10 il to elicit Investigation.
The Secretary % State not being required to re-
poct TO tho Executive, cannot officially inform you
OF the revenue and nunccs Of The state the report
Of the oiliecr vii. place the s"he fuliy before yoa
| resp, ctrsliy recommend that ample provision BE
made by direct taxation to discharge all the liabi,-
ties against the state, ard sufficient to anticipate
the ordinary expenses ofhc government for this and
the succeeding year. they shall accrue that, the
public faith may at all times Be sustained the treus-
ury should always be Supplied with funds 10 meet
its wants as they accrue And the only way to do
this is to provide the means in advance, and in the
absence Of ether sources Of revenue tits must be
met by direct taxation.
The power of the Legislature to issue any evil
dcnce o. State debt is restricted by the 9th section
of article of the Constitution except for such debts
rs are authorised to be contracted IN the Cth and
eth sections OF that article. Erom Ibis section il Is
clear That the issue by the authority OF uy scrip,
the act Of the Legislature Itself should he the only
warrant and authority upon which money should be
drawn from the State Treasury in fact, the law
appropriatng the money is the highest warrant that
can be drawn, and the receipt OF the person to
whom the appropriation IS made is the best evidence
Gifts payment.
With this method OF drawing from the Treasury,
the objection of double issues of forged warrants,
is removed and the law itself becomes an un!ailng
nh, a,
teFtained by the Legislature atts last session whcth
or auditors warrants came within the restriction
clause Of the constitution referred to. provisions was
made by law. that no money should be drawn from
the State except on the warrants of the Secretary
o. the State. Participating i'll these doubts, the
ccutve sanction. yielded to the laws directing the
issue of such warrants.
Subsequent reflection, however, has convinced
me that these laws in contravention OF the
sttutIon, and that every warrant and every other
paper issue by officer Of the state OH another for
the payment of the money, is aud thereby becomes
an evidence Of state debt in the voucher for pay
lnent. The appropriation directing the payment OF
the money Is merged in the warrant or other nstru-
ment issued the warrant is the authority on which
the money is paid and is the voucher for so doing
it follows therefore that il is an evidence of state
debt not recommended by the constitution.
would therefore, respectfully recommend the
repeal o. All laws authorship the issuing OF warrants
Or orders on the State treasury, and that provision
be made by law. requesting the treasurer 10 pay an
appropriation, only which aid, with proper voucher,
is most ctcacious check upon disbursements. i
bill was passed at the last session OF the legislature,
allowing interest on the Auditors warrants issued
by the authority Of law, which did not receive the
approval OF the executive, and was not returned
with objections. This bill was presented for the
action fthe executive ON the last day Of the scs-
sion, and immediately after It's presentation | was
informed by joint committee OF the two houses
that the legislature had completed the business be-
fore them aud was ready to adjourn, which prevcu-
ted me from returning it, with my objections its
approval, that session
objected to the passage OF The bilI First, the
bill provided that certain Auditors warrants, after
presentation TO the treasurer, and non payment
should bear interest at u per cent, which would
nearly render item evidence Of State debt, and il
they were not such without the interest feature the
moment interest should not be gwen on theIn that
moment they would become such evidence, and
would therefore become unconstitutional Second
~, the provision Of that bill extended only to 4 GER
tain class of the public creditors, and not TO all, in
its operation. And Thirdly, the principle of allow
ing interest on appropriation. warrant is not
stitution, and precedent would be established IL
furious and mpo!itic.
The Constitution requires that the legislature
shall provide by direct taxation if there are 10 other
sources of revenue for the payment OF the expen-
ses Of each year, and all Difference for the pTece-
ding years if the LEGISLATURE carries Out this pro-