THE great importance of the business which at stated periods, fixed by law, requires your convening at this early season, having heretofore been considered and experienced, it cannot be necessary to enumerate the various considerations which entitle it to serious attention. Connected with this is another topic, which need only to be mentioned to excite reflections, which, on such occasions, will always be seasonable and proper. It is natural that the Election of a First Magistrate for the Nation, should divide even patriots into parties: while not intemperate few public inconveniences result from them: but history informs us, that when such parties, being nearly balanced, become highly inflamed, they often endanger not only the tranquility, but also the political existence of Republics. It is wise to profit by the experience of others. Our governments are yet in a course of experiment; and care should be taken that it be a fair experiment, and that it be not interrupted by those tendencies to innovation, which certain passions, when too fervent, sometimes produce.1

Since the last adjournment2 few circumstances have occurred of such a nature as to require being recommended to your particular notice. Providence still continues to bless our country with prosperity; and nothing remains for us, but to enjoy it with gratitude and moderation, and in our several stations to endeavor to preserve and advance the welfare of the state. To this end, prudence directs us frequently to review our public affairs, and to correct and amend whatever may appear from experience to be susceptible of material improvement.

On such a review it will probably be found that among the different classes of public expenditures, there are some which demand more order and economy. I allude particularly to the expences of the counties and towns, and to the manner in which they are at present incurred, liquidated and conducted. It is said, and I fear with too much truth, that in a majority of the counties, these expences very far exceed the amount of their respective proportions of the state tax. This would not continue to be the case in so great a degree, if the accounts against them were as carefully and scrupulously admitted and audited, as those against the state; and if they were comptrolled and ordered with equal notoriety, independence and responsibility. The present manner of conducting these affairs is certainly defective, and the interest of the inhabitants requires that it should be revised and amended; and the more so, as certain boards of supervisors have, as I am informed, not hesitated, in some instance, to treat the statutes of the state, with unequivocal disobedience.3

Although our present system of taxation is far preferable to the preceeding one, yet time will doubtless discover imperfections in it. The reprehensible inequalities in assessments have already been observed and complained of. Injustice when committed under the forms and authority of the law, is always particularly painful and disgusting, and excites emotions which are not friendly to government. I am persuaded that the result of your deliberations on this subject, will confirm the public confidence in the wisdom and rectitude of the legislature.4

Few circumstances are more essential to the duration of civil liberty, and the well-being of a free people, than that the departments and officers of their government do, on the one hand, exercise on proper occasions, all the powers and authorities constitutionally committed to them; and on the other hand, that they do not exercise on any occasion, powers and authorities which are not constitutionally committed to them. Notwithstanding the delicacy of the subject, I think it my duty to submit to our candid and dispassionate consideration, whether the power which has been exercised by the Legislature, to control the lawful operation of wills and descents, in individual cases, by private acts, is not liable to such well founded objections, as that it should not future be permitted to acquire further claims to assent and acquiescence on the ground of precedent.5

That I may be clearly understood, permit me to remark, that the right lawfully to acquire, inherit and hold, as well as lawfully and freely to grant, devise and dispose of land or other property, is included among those which the constitution intended to secure to every citizen. The valuable civil privileges are by the constitution confined exclusively on that class of citizens who are freeholders, and which privileges they lose when they cease to have lands of a certain value— That the constitution has ordained and declared, “That no member of this state shall be disenfranchised, or deprived of any of the rights or privileges secured to the subjects of this state by the constitution, unless by the law of the land and the judgment of his peer.”6 That although this provision was doubtless intended more immediately for the security of citizens charged with offences, yet that it necessarily, and with still greater force applies to citizens to whom offences are imputed— that by “the law of the land” is to be understood the public, general and Constitutional laws of the State, equally and impartially affecting all person and cases under similar circumstances, and to be administered and applied to those persons and cases, in the ordinary course of judicial proceeding; and consequently not a mere private act, confined in its object and operation to a particular case and directly applied to that single case, and to the individuals interested in it, without the intervention of any judicial inquiries or proceedings whatsoever. I am not unmindful of the undoubted authority of the Legislature to grant exclusive privileges for public purposes to corporations, in restraint of the rights and others; and to take land from individuals, for public uses, on paying the value of it— But there have been instances, and one of recent date, where by private acts, passed expressly for the purpose, infant freeholders have been divested of certain of their lands, and trustees appointed to sell them, for their supposed benefit— whereby the nature of their property has been changed, and their civil rights as freeholders of those lands extinguished.

Although these private acts were passed from the best motives, and with intent to serve, not injure, those infants; yet how such interferences with private property can consist with the Constitution, or with the principles on which the judicial department was instituted, or with the security of property, or with the inestimable privilege which every citizen has, and ought to have, of freely and lawfully disposing of his land by his will, or by voluntarily leaving to descend according to law, are enquiries which really appear to me to be exceedingly interesting.

On further reviewing the state of our public affairs, it will be found, that experience has hitherto evinced the propriety of placing all religious denominations on an equal footing: but the statute enabling them to incorporate and to make contracts with, and for the support of, their ministers, appears to be defective, in not having provide legal means sufficiently competent for executing those contracts with convenience and facility. The importance of this subject is strongly expressed in the preamble of that statute. It declares it to be “the duty of all wise, free and virtuous governments to countenance and encourage virtue and religion, and remove every let or impediment to the growth and prosperity of the people, and to enable every religious denomination to provide for the decent and honourable support of divine worship, agreeable to the dictates of conscience and judgment.”7 I therefore submit to your consideration the expediency of enabling them to cause the sums made payable by such contracts, to be assessed on the members of their respective corporations in proportion to their taxable estates, as rated in the legal assessments; and to have the same levied, and (after the usual deduction of charges) paid to them by the public collectors.8

There is another subject which in my opinion is worthy of consideration—when our constitution was formed, the rule established by it for regulating the future number of senators and representatives,9 was founded on reasons which subsequent events and circumstances have materially altered. According to this rule the number will continue to increase, and will become not only inconvenient, but also unnecessarily expensive; for although a seat in the Legislature is a place of honour and not of profit, yet the expences, however strictly regulated by this principle, will nevertheless far exceed the limits prescribed by prudence and the public good. I therefore think it proper to suggest, whether provision should not be made by law for electing a convention, for the sole and exclusive purpose of ordaining what shall be the number of senators and representatives at future periods; and of fixing the limits which it shall at no time hereafter exceed.10

Your deliberations, gentlemen, will doubtless extend to several objects, respecting which it will be proper for me to communicate to you official information— Care shall be taken that this be done in season: and I assure you that nothing on my part shall be omitted, to render the session beneficial to the state, agreeable to yourselves.