The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-01-13

to comprehend the justice ola policy which
tolerates the shift to avoid the equal burden OF
unpriyileged capital. As foreign capital II does
not add TO the material resources Of the State {;
and IL il did, there is no such demand Tor u, rs
such, as to Justify the bonus OF exemption from
taxation as domestic capital equal justice 10
all capital requires 1t should be suolected 10
ordinary taxation. Besides, the State has not,
| II is suggested, the statute remedies for pay
ment OF the bills, notes, checks and drafts oil
the banks against the stockholders without our
jurisdiction that are q. plicablc to the resident
1 stockholders.
The LEGAL rate of interest in this State is six
Nor cent. appl;cable as well to banks as to IN.
| diyiduals. Upon banks, however. Is conferred
the privilege of charging, in addition thereto,
the difference in value between funds paiu u,
their own counters and ut the place desigha'eu
for payment. All cxactions beyond TINS estao-
lishcd rate are palpable transgrcssions OF the
Law and usurious extOrtions. The Commission
ers state in their report: ''The almost uniyer-
sal practice of exactipg illegal interest under
the name of exchange, continues 10 DC just
cause of complaint and dissatisfaction in the
management of banks" | commend to your
consideration whether further legislation be not
required in regard TO the capital holden Dy
stockholders foreign TO our jurisdiction. and al
so with reference to the practice OF the banks
referred to in the reports OF the commissions
ers.
For the condition and wants Of the State
Prison, Mt Thomaston, refer you to the reports
of the Warden and Inspectors, and or the Com
missoners appointed in compliance with re-
solve of the last Legislature, "to examine into
the internal economy Of the prison anu to con-
slider the expediency of charging and recon-
structing the prison, or building a new prison
in some other locality" which will be trans
mitted.
The number of conyicts in the prison on the
30th of November, 1889, was one hundred anu
twenty -four. The expenditures from Decem-
Der 81. 1858, to the 3Oth of November last were
SIT, 7S5. 10. The receipts during the same pc
riod were So, i20 SO, leaving n balance against
the State Of Sll 1856. a. The Commissioners
report contract for the support OF the con-
victs for the next three years for their labor,
| from which they estimate an annual expense of
the prison to the State, for salaries Of officers
and incidental expenses, &C., of about $4,000,
which will be n saving to the State of from
$4,000 to $40 900 annually.
Upon the questions "of charging and recon.
structing the prison, or of building new prs-
on in some other locality" the Commissioners,
il will be seen, are not fully agreed, although
they concur in the facts reported, upon which
their conclusions are based. These facts, col
lccted and stated rs we'll by this as former
Commission, touching the condition, situation,
the comparative advantages and disadvantages
of the location of the prison, the present and
future necessities and interests of the State in
yOlyed in the recOnstructing ofthc old and con-
structiOn off new prison III another locality,
have been so faithfully gathered and fully sta
tel as that they will present, il is believed rcli
able data upon which the Legislature may base
its action in determining what the public inter-
est requires. All will doubtless agree, upon
slight examination into the facts presented,
that there exists present necessity for better
prison shops and accommodations, and that
they are demanded upon the simplest principles
of economy. Having heretofore expressed my
views TO the Legislature upon this subject,
refrain from any farther statement ofthem at
the present time. invite your early attention
and careful consideration to this subject
The Attorney General is required to make re-
port annually of the business of his department,
including that of the several County Attorneys.
Ii is undoubtedly contemplated that this re-
port should give accurate and full statistics of
the criminal prosecutions in the State, their
nature, termination and costs attending them.
From the imperfect character of the returns
from the several counties, this officer has been
unable to present satisfactory reports. Efforts
have been made in the last two years to induce
greater promptitude, uniformity and complete
ness in these returns, and with favorable re-
suits, but some further provisions are deemed
necessary BY way Ofspeciiying the duties of
the several officers required to furnish these re
turns.
The Importance of accurate and full returns
from these sources, is apparent. The increase
in the criminal expenses in the last four years
has been very great, and il is believed dispro-
portionate to the number of prosecutions. The
legislation of 1883 is understood 10 have atior-
ded check upon this tendency by inviting in
spection OF these expenses by the localities
where they originated. There Is still need of
more system and greater uniformity ofprac-
tce in the several counties, which seems to be
contemplated by the authorized supervision of
the Attorney General. transmit the report of
that officer, in which will be found suggestions
rs to what further provisions are deemed nee
essary, and recommend your consideration of
them.
The agitation of the subject of slavery still
continues to disturb the harmony which ought
to exist between the States.
In the formation aud early administration OF
the government n general sentiment favorable
to liberty, and unflyorable To slavery prevail
cd. Liberty was the principle of government
organism and administrative policy slavery
the exception, its existence de .tdcto in the
States recognized, but not comprehcnded with
in the idea of American government. Accor-
dinghy, slavery was matter OF State Concern,
existing by force of the local law only, and hay-
ing no rights outside OF the local jurisdiction,
except those expressly provided tor in the con-
Beyond this, nothing was claimed
for il, and with this obvious and distinct view
OF its nature, rights and relations, it was left to
the States respectively. the general government
having no power TO interfere with il therein
The National government had been administer
ell upon these views and principles, the Con-
greSs, the Federal Executives, the Federal Jul
dietary, uniformly recognizing and confirming
them, treating slavery in all respects, MS
State affair, disclaimng all right OF interfering
with it therein and denying to it all rights be-
yond their limits. II will not be denied that
this was the general Judgment OF the nation, in
the beginning, and that il stood as the general
Judgment Of the nation for sixty years and
more and thus, 1t would seem, attained the
egal force and moral power of a solemn adju-
lication of the whole subject, the States them
selves being parties to il. Now an attempt is
made to annul TINS adjudication, to reverse this
general judgment, as founded upon mistaken
actions of the constitution, unsound, irration-
II, and unphilosOphical views OF the nature OF
slavery. II is urged that the whole action OF
he nation upon this subject has been impolicit
md unwise, that slavery is of itself right, that
the abolition of the slave trade was Liberal and
that Congress has no power to in
hibit slavery in the Federal territories, that
under the Federal constitution slaves are prop.
rrty, that by force Of il slavery exists in the
territories. and that under it the master may.
carr his slave into these territories, and there
hold him rs property, and that II Is the duty
OF the government to protect IL. Upon this
whole subject public sentiment and opinion in
the South have undergone thorough revul-
sion, until every other political consideration
is merged in the advocacy and defence of sla.
very.
The experiment Of giving force to these new
sentiments and opinions in the policy ofthe gov
ernment was first made in the attempt TO force
slavery into territory where il had been inhib-