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fuch a conftruftion as conreft, yet * fcntiment of delicacy and refpeft for the opinion of the Legislature induced me to foTbear iffuing com millions to fill four vacancies which happened during the rectfs, until I Ihculd have an opprtunity of afeer- taining your fenfe thereon. The va ca°cics I allude to are thofe occafion ed by the death of Brigadier Gene rah Abraham J.ickfon of the fccotid Brigade of the fir ft Divifion, and of Bri >adkr Genera! Thomas Glafs cock of the fivft Brigade of the fc co.id Divifion, and by the removal of Brigadier General David Adams i>{ the fecond Brigade of the fecond Divifion, and Brigadier Gen. Buck ner Harris of the.fecnnd Brigade of the fourth D vifion The document ^narked No. 3. contains a lift of Ex ecutive appointments made daring the recef-; which are fubjeft to le— giflative interference. Permit me to call your attention for a moment to our Judicial De partment Among the fame peoj tlie truth of what he has puhliflied defeat the piaitmfF who in that cafe has no ground to demand compen- fation. fmee he has received no in jury If then tins doctrine was not intended at a political gag to prevent the people from complaining of their oppreflions and expofing the vicc6 of the wicked, why diftinguifli the cafe from a cafe of (lander in which certain what declficn the daft riot 1 union. All n- ighho:hood reads may that fund is much reduced, aim might receive in our courts, with the be properly left to the difcrction and cafe of any emergency or real <:■ u- adls l have referred to (taring them under the direction of the Inferior tingency of lerious import iiappen. courts. ing during the reci fn, would be quite The improvement of the naviga- infufftcient to meet any important c-- tion of our rivers is of at leaft equal vent, and there would be no retourpe importance to the improvement of but to cal! thy LegifiaturCi a meafurc oui public roads, and when you re- attended with great expence and in— fleft on the advantages wliich would convenience I am perfuaded the Le- refult from the undertaking, and the gilla ure on a proper view of thefub- facility with which it could be par- jeft, will believe with me, that when, tially accomplilbed fo as to be highly evertlie amount is ascertained, which beneficial, I truft you will give the it is .heir dofire fhould be paid, that in the face on the one band, and with a (bong implication of an tin- conditutional tendency on the other, I beg leave to recommend the puf fing ol a declaratory aft upon the fubjeft, not only as a dircftion for our courts, but for prelerving that tlie defendant mav juftify and give ! certainty with which all criminal tlie truth in evidence as in a civil | proceedings ought to be difiinguifli- aftion for a libel ; the one is as ag j ed. gravating to tlie feelings of an indi- | Therevifion of our Road laws is a vidual as the other and has a- great I fubjeft wril worthy of your attenti a tendency to caufe a breach of the 1 on. In the counties immediately on peace, yet the Englifh doftrine is j the feahoard it is indeed tefs necefla that “ tlie greater the truth thegteat- ry than in any other part of the er the libel” and confequentiy the J btate. becaute -generally ' (peaking greater the vices, the oppreflions or their roads are iii better order, and the folies of the Government, or in- i ate lefs fubji ft to thofe circumftan- dividuals, the greater the criminal!- 1 ces which render a revifion itf the ty in publifhing them, becaufe it i other parts of the .State neceflary enlarges the mar er of truth, for as! By the decifions of our courts ma- I have already fitewn, if it be pro- j ny of the penalties created by thofe veil that the di fendant either made or publillied (lie libel hemufl be pun- lt mult be defiruble at ail times that 1 idled, aiiho’ he may have had it in the laws fhould be adminideredalike. That juftice which is rendered to one ou^ht to be rendered to all. I am led to thefe obfervations not by any negleft ( r willful mifinterpre- nafion of our laws by thofe appoint ed to adminifter them, but becaufe from a variety of circumftanccs de- | pending upon cuflom, intelleft, per ception &c the courfe of praftice and the decifions of (lie courts up on the fame poirfts are different in the different circuits This leads not o-ily to great confunon, but may in f ime inftancesbe attended with great injury and in juftice. where the fame party has bufinefs depending in more than one of the circuits In one he has a point decided in bis favor, and in another he his the fame point de cided againft him, and both are deci- five of the merits of his cafe 1 his uncertainty can only be removed by 1 he eftabiifhment of fame controlling power over the.praftice and dec.fi- ons of the different circuits; and I think the neceftiiy for 'he ellnbl.fh tnent of fuch a power will be the more readily admitted when it is rc- •colicfted that import ant conftituti- onal q-j (lions often occur before the courts, and their decifions are fubjeft to the fame uncertainty. Whether a court having appellate jurifdiftion cctnpofed of all the judg es, in which cafes could be revie .red, and uniformity as well in matters of his power toprr.veuneqvivrcajly the tru h of every word he had either •written or publifhed. Profeffor Tucker otferves on this fubjeft, “ when we confider the fouice from whence thefe doftrines have been brought to us, the real n- ablenefs of them ouglir to b exam ined before we yield our full affi nr to all of them ” I do not at this time recollcft any criminal cafe ol libel in our own court., which' has been prof cured to a final decifion, yet one cafe is frelii in my recollefti- on where a true bill was found by the Grand fury, but never profecui cd further ; and I think it more than probable that the feelings of the court as well as the profecuring ofii cer upon that occafion diftatcd.ipoit- ponement of the cafe, in the expec tation of (ome leg.dative interfer ence, rather than be compelled to decide in favor of a principle fo ob noxious, or to call in queflion our own aft:, of adoption. There are two additional circnm (lances w hicii induces me to prefent thi- fubjeft for your conlideration, tlie fin! is, that in the Hate of New York where tire Et giith common laws was recognized ash- ingin force this principle received a folenin de cifion af er a very able and animat ed difeudion by ihe moll eminent couufel then in the Hate, in the cafe oi one Crnff.vell, in wliich the Eng praftice as of law eflabliflied? or li(b doftrine was upheld and govern- whether a convention of tire Judges ed die cafe. upon any other plan, or what plan, will bell anfwer tlie purpofe,I leave for your confuhration. By feveral afts of preceding legif- latures paffed from the year 1777 to the year 17S4- both inclufive, you will find, that the common law of England is recognized and adop'ed as the la-.v of Georgia, a . far as ref- pefts criminal ftiatters, with an ex ecution in favor of our Confiituiion au<l afts of A (Terribly. ■ This was a prudent and wife pro- vifion to a certain extent, but I np- pr, bend it was "too general, for by it, we nave recognized their doftrine in cafes of libel 1 , a doftrine wliich is often ufed by a profhgateand wick ed min'd: y as an engine for the pun- ifhment of a citizen who dares to tel! the people the truth, and expofe their oppreflions or their folly, and ahhiugh its obnoxious tendency lias often been felt and expofed in that country, yet their people have no re lief ; feme melioration lias taken place it is true by modern llatutes which make theJuiy the Judges as well of the law as the faft, bur what can a jury do when the evidence of the mod important faft attending the cafe is not permitted to go to them, viz. the truth or falli y of what the defendant is acculed’oi ? A learned commentator on the laws of England fays, “ it is imma terial with refpeft to the offence of the libel whether it be true or falfe ; ('nice tlie provocation and notthefal Jtty is tlie thing' to be punifhed cri minally,” and again he fays, This eafecoiifequently might have great weight with our courts in pro ducing a fimilar decifion in any cafe of libel, fliouid it occur. Tlie Le gifia ure of the date of New-Yoik it is tiue foon after tl-e decifion in Croffwell’i cafe, paff. J a law de daring the Englidt doftrine in cafes of libel, not to b.- law, or that it laws is well for the omiflinn as the commiffion ofma-t rs therein exp-ef fed, cannot be enforced as contemp lated, and bolides, it does appear to me that the authority of the* Inferior Courtis too local to have a proper effect, neither is there a fufficie'it re (peiicibility attached to that particu- lai du y. Tiu-y have no other agen cy but what appertains fo them as a CoUit, and for which they receive no compel,l",uion, and their authority over die loads they delegate to indi- viuu.tls under the name of Commil- fioners or Overfeers, whole agency is altogether mlufficient for the pur pole ot making a goad road. 1 might appeal to the individual knowledge oi every member of both branches ot tlie Legiilature who have had oc- Cufiuii to trave. much tltro’ the State, whether he has not often found the public road turned out of its courfe ny individuals for tlie apparent pur pose of lqu.iruig their field; or by tliufe appointed to work upon it, 1 o/ the purpoie of avoiding the mending ot (ome place which by walinng ot the rains or the foftneis ot the ground require-fome more la bor Ulan it was convenient at the .line to bdtow upon it; thefe are cncumllances winch have often oc curred, audio long as they, are fuf- leieu to exilt, we (hail never, have a pernianeut or good road. In oyr otat. we nave great induements to itimulaic u-j to every exertion-in our power io in.prove our road:.- Our taw materials which we raife for market ate bulky and heavy, and the expence of tranfporta’.ion greatly enhanced in confequeiit of the bad (tate oi our roads, and intercom le generally. throughout the country rendered more difficult, ihe incon venience u how ever more particular ly felt in piocutiug thole articles of real necellny, Inch as iron and Heel, .ait and lugar, &c. wliich from their gteai weight and tlie quantity re- fttbjeft ferious conlideration. Altho’ our country is comparatively yet in its infancy, when we view thofe countries of tire old world where fuch immenfe advantages aredeiived horn their inland navigation, their example with f knowledge of thofe advantages ought to (limulate ns to improve ticife gifts which the God of Nature has fo bounteoufiy be- dowed upon our country—few of them are in polleffion of fuclt noble dreams as tlie Savannah and Alta- maha, opening a navigat’^n into the very centre of our in't i f abound ing in natural advantages ar.d invit ing our indudry to the improvement of thofe benefits to our own life. Judafterthe clofe of tlie lad feffion l received a letter from the Honora ble Pierce liuiier enclofinga memo rial of lohn Hills, Esq of Phiiadel- phia, intended for the Legidature, offering todifpofe of to the date a plan or chart of our fea-board. From the terms in wliich Major Butler fpeaks of this gentleman, I have no dotib; but-that the papers in his pof- feffion are executed with accuracy ; and their ufefulnefs in a commercial point of view, or as materials for a correft map of that pat* of the date is evident.—- 1 lie memorial of Mr. Hid.*- is now fubmitted and is mark ed a: document N° 4. The memorial of the lad Legifia- ture on tlie fubjeft of W aiton coun ty, I forwarded to our Reprefenta- lives in Congreff, and it has been it ceafcs to be a contingency Si ougl-.t to be fpecificnlly appropriated ; be- fides, it will be recollefted that r® monies can be drawn from the Trea- fury, but bv.appropriations made by law ; tliefe refolutions however have all the e fie ft of a law, without un dergoing the formalities neceffary to its eonltitutional paffage. It affords me real fatisfafton that I liave it in my power to inform you. that under the aft “ appropriating- die funds heretofore fet apart for the- redemption of the public-debt” the- fum of 111.713 2.5 1 4 has been re ceived at the treafury, in date-paper in payment of Fraftional Surveys, and a fmall turn has been drawn for in payment of fome of thofe papers, and paid out of the fpecie part of the payments made on the fame account ...there appearing however fome doubt of tlie proper conllruftion to be given to that part of the aft which authorises tlie executive to -draw foe this money, and as I deemed tlie o- peration of it under the condruftion it had received, as partial in its ope ration, 1 declined drawing on that fund until the amount contemplated by the aft, is in the Treafury, or until the Legiflatuxe (had have had an opportunity of expuffing tifceir fenfe thereon. The payment of our public debt is a fubjeft in which the honor and interett of our (late is deeply involv ed, and every J iffieulty wliich occurs to impede its fpeedy accomplishment fhould not in future be law. Arid I quired to luppiy the confumption, is underllatid other dates liave alio re jected it. The fecond confideration is, that by the third article of tlie amend ments to the Coiiditution of tlie U. States, it is declared that, “ Congrefs Iliad make no law -abridging the free dom of fpeech or of tlie prefs" and although this article is prohibitory to Congrefs only, yet it is "to be re collected that it was the States who diftated this prohibition, and fimilar rcflriftive expreffions in regard to the prejs are to be found in our own Conflitution ; and as the liberty of the prefs mud unqueftionabiy be a bridged it tlie corduftors of it can hi prollcuied and punifhed for pub Hilling the truth ; or if one can be punifhed for publifliing by reading aloutl to his fellow-citizens any fafts witliin his knowledge, expofing the vices or follies of the government or of individuals, and cannot give the truth of what he has puhliflied in e- videuce becaufe the expofurc of their vices or folly lias a tendency to bring ihe individual or .government into contempt and ridicule: it therefore refults, that to fave the feelings of an indevidual or government from a y ler ous objeft to the confumer who pays lor all thofe ' additional expences, occafioned by the length ai.u badnefs of the roads and every otnet inc.-iivenience aKending their tranf j oitatton -I need not enter into a detail lo convince you of the uti lity ot good roads, It is only .necef lary that 1 liiould prefent the fubjeft to youi view, and your own judg ments wnl direct you better than any thing I can fay ' 1 will however take the liberty of fuggelti'ng tor youi confideration, whether our roads would not be rendeiud n uie pei mane lit, and be belter la.d oil, a: to courfe and ffif- tanct, &c by petfons appointed by tlie l.tgifla ure who would be ex empt hem all thofe localities attach ed to tlie Inferior -court ? and that no power but the Legrf’.ature fhould be competent to alter the c-ourfe.of a i ubnc road when onge eflabliflied ; pr< feuted by them to the Houfe of - ought to be removed—The State Representatives, but no decifion has having pledged the proceeds of the been had iliereon. | fales of Fraftional furveys for this As the refult of all onrendeavors ! objeft. I feel that I am in duty heretofore to afeertain the boundary bound to prefent for your confidera— between this Hate and the date of tion, every obftacle or difficul.y North-Carolina, have been unfatis- which prefems itfelf in carrying into faftorv ; and as the time when Con- complete edeft this very defnabio grefs may decide on the memorial and important undertaking. To the now before them is uncertain as well Execution iff.ied by the treafurcr in as tlie nature of that decifion, I beg leave to fuggell the propriety of pro curing (he affiltance of an artid of undoubted integrity, (kill and expe rience, and wliofe refidence in nei ther date, would preclude all idea of partiality, to go upon the ground and alcertain with precifion this purfuance of law for the recovery of monies due by puvehafers of Fiafti- onal Surveys, an objeftion has been made, dating the Execution to hava: iffued illegally, and that the courfe purfued by the date for the fecurity and collection of thofe monies is un- conditutional for reafons fet forth in much difputed point. By this means 1 the affidavits of the parties. When I am perfuaded the date will be bet ter fatisfied and it will enable us ei ther to fupport our pretentions be fore Congrefs with more effeft, or elfe to relinquifli the purluit. That fume immediate ftep fliouid be taken will appear evident from the parti cular fituation of the people of that country.—They are now organized the Treafurer informed me of the faft, and laid the papers before me, I iffued an Executive Order, that the Sheriffs fhould proceed to levy and colleft the money notwithflanding tlie (hewing of illegality ■, and altho* the rule which was granted by rhe Superior court of Baldwin county, and ferved upon tlie Treafurer, cai- as a county of Noith Carolina by the , ling upon him to (hew caufe, wbv a name of Haywood and are represent- : writ of prohibition fliouid not ifftte, ed in the Legiflature, and perform has been difmi(Ted, and the (heriffs all the duties required by the laws “have proceeded to fell the property of North Carolina of her citizens, levied on by them, where the de nt the fame time they hold paitial . fendants (till refufed to pay, yet I Eleftions and fend forward repre- have realonsto.believe that the ftib- fentatives to the Legiflature oi this jeft will be again renewed, and the (late. The dignity of the (late de- attempt made, by fuch perfons as are rnarids that this controverfy fltculd not difpofed voluntarily to make pay- be brought to a clofe, and if you rnent, to impede the colleft ion of fliall be of -.opinion that another trial ; tlie money due upon thofe fales — to afeertain the 35th degree of North The papers marked No 6, will be Latitude would be either ufeful or ! found to appertain to this fubjrct. fatisfaftory, I have the plcafure to I Thefraftions as well as fome full iotr, inform you that you may command I in the 7th diftrift of Baldwin now the fervices of Mr. Ellicott, than j Twiggs county Hill remain unfold, whom few men can be fuppofed to be better qualified for (uch an un dertaking. By the abftrafts of Warrants fuch profacutions tlie only points to juft expofure to ridicule and con- bc enquired into, are, firlt, the mak tempt, an individual mud be ini- ing or publifhing tlie book'or writ- mured in a loathfome priion, and ing; and fecondly, whether the his finances ruined at difcretion, matter be criminal; and if both thefe wiiilll his family, if he has one, are points are againlt the defendant, tlie left in mifery and want. I think the vantage in it; and why fliouid not offence againft the public is com- recognition of fuch a doftrine ap- the (late, who is-fo deeply intereft- proaches too near to a breach of our ed petlorm the fame labour and reap Cvinltitution, and is as repugnant to tlie fame advantage ? Syftem with the fpitit and genius of our govern- energy and perfeverance are only ment, as it is to tiie feelings of our neceffiry. Arid I will venture to fay, cit-zens. As all this however de- that our public roads can be made and alfo that all tlie work to Oe laid \ drawn on the treafury during tlie paft out llmuid be applied to the eftablifh- ed road and no other ? And here permir me to make an obfetvation on this part of the fubjeft : We find from paft experience,-shat individuals are defirous of procuring (Tom tlie Legiflature excluiive-rights to colleft toll for mending and keeping in re pair tlie very worll parts of our roads or luch as have been confideied al- moft impaflible, and. find their .ad- piete. In a civil aft ion by one individu al agaiuft another for a libel, the cafe is very different, for then the defendant m y givt the truth of the matter in evidence, and by proving pends upon opinion, and as it is un- equal to, or better than any in the political year, maiked as document N° 5, you will find the fum of 32,- 051 dollars 95 3-4'cents has been drawn for under various appropria tions. Of the Contingent fund which makes part of the before-mentioned lum, JO, 139 dols 57 3-4 cents has been drawn, leaving a balance of 4.F60 dols. 42 1-4 cents, fubjeft however to be drawn on for any ac counts contrafted during tlie politi cal year, which have not yet been prefented for payment. It will be proper here to obferve that a prac tice has heretofore prevailed w ith the Legiflature, of requelling, nay often requiring the Governor by refolution to pay certain fums therein fpccified cut of the Contingent Fund,by which and as they are a part of the pledge from which the funds for the pay ment of our public debt is derived,! take the liberty of propofing foryour confideration, tlie expediency of fel ling them under fuch (lipuiations as you in your wifdom may deem bed...fome of them having bceo. leafed out for tlie year 1809 I font one of my fecretariea laft fpring, with inllruftions to leafe them put again, for the year 18 10 which was done, but the fum is fo inconfiderable Sr the payment fo uncertain, that, it is not a fufficient objeft, for which to delay their fait—the legal inter- eft on the amount they would fell for, would very far exceed the a- meunt of rents. In order to carry into effeft the intention of the Legiflature as cx- prefled in their refolution ol ihe 15ih December laft, 1 appointed Daniel. Str.rges, Efq. and dirtfted lijm ny