J
■: SENATE.
No. 1.
SPEECH
OF
HIS EXCELLENCY LEVI LINCOLN,
BEFORE
THE HONOURABLE COUNCIL,
Hotij Hvíiurtjtüs of tijt HtûCslatttte»
4
MAY 30, 1829.
liootou:
TKUE .UïD GBEE.NE, STATE PRIKTERS.
182f).
mh*
SPEECH.
Gentlemen of the Senate, and
Gentlemen of the House of Representatives :
It was the Declaration of the Framers of our
Republican form of Government, that the " Legis¬
lature ought frequently to assemble for the redress
of grievances, for correcting, strengthening, and
confirming the Laws, and for making new Laws,
as the common good may require." The perform¬
ance of these duties requires enlarged and com¬
prehensive views of the great interests of the
Commonwealth, and is the highest service which
can be rendered by public agents. Whatever
may improve the condition of the people is within
the scope of Legislative action. The responsi¬
bility of preserving our civil institutions, of extend¬
ing the means of knowledge, advancing the inter¬
ests of learning, promoting general improvements
of country, cherishing Agriculture and the Arts,
encouraging domestic trade and an amicable and
advantageous intercourse between the citizens of
our own and our sister States, rests, in no incon¬
siderable degree, with those, who come here, more
especially to deliberate on subjects of local polic}-,
but whose sentiments and measures must often
4
reach, in their influence, beyond the limits of State
jurisdiction, and greatly affect the peace, pros¬
perity, and happiness of the United Nation.
The Constitution, having appointed the period
for the annual organization of the Legislative and
Executive Departments of the Government, we
are now convened, pursuant to its positive injunc¬
tions. I personally meet you. Gentlemen, on this
occasion, as the immediate Representatives of
those, to whom I am under renewed obligations
for distinguished marks of honor and confidence,
to express, through you, to my Fellow Citizens,
that becoming sense of gratitude with which I am
impressed for their continued support and favor,
to give here, solemn pledges of earnest and faith¬
ful endeavours in the discharge of office, to proffer
to you, as fellow servants of the public, assurances
of co-operation in labors for the common welfare,
and to unite with you in humble acknowledgments
of dependence upon the blessing of Almighty God
for the success of our joint endeavours, and in
supplication for His guidance and mercy in the
fulfilment of the duties, which are assigned to us,
in our respective stations.
The general sentiments entertained by me of
the measures of public policy proper to be pur¬
sued, and my estimation of the character, which
the Executive administration of the Government
should sustain, for laborious application to the
public service, for impartiality and independence
5
of party influence, for a zealous prosecution of the
rights and interests of the State, for the cultivation
of a spirit of harmony with the National Govern¬
ment, and of patriotic regard to the indissoluble
bond of the Federal Union, those frequent and
appropriate topics of address on like occasions
with the present, I cannot have need again to re¬
peat. Nor, regarding the invariable usage of the
Legislature to seek a more convenient season for
the deliberate investigation and adoption of meas¬
ures, which only the ordinary circumstances of the
Commonwealth may require, will I, at this period
detain you by allusion to subjects which probably,
if proposed, would be referred, without prejudice
to the public interest, to an adjourned session, I
beg leave to be understood, in respectful anticipa¬
tion of your approval, as intentionally postponing
to that opportunity whatever is omitted, which
should now, otherwise, be oflered by me, to your
consideration. The charge upon the Treasury, in
its present condition, from the unusually large
delegation to the House, added to the personal
inconvenience of members from any unexpected
detention from their private affairs, at this season
of the year, furnish strong reasons for declining
to enter upon matters, which are not immediately
urgent, or may not be promptly matured and defi¬
nitely acted upon. But few subjects, therefore,
and those of most pressing interest, will bé pre¬
sented to your attention, and on these, 1 shall
o
speak in tenas of plainness and directness, and
with as much brevity, as the occasion may justify.
The last Legislature, by the adoption of sundry
Resolutions, submitted to the decision of the peo¬
ple, through their returns to the present General
Court, the disposition which should be made of
important propositions for public iraproveraents,
b}^ Rail Roads, through the Commonwealth. You
now bring with you. Gentlemen, the expression of
their opinions, so far as they have been obtained,
on this subject. If favorable to the encouragement
of the contemplated enterprizes, or either of them,
an early decision upon the manner of their accom¬
plishment, will hasten their anticipated benefits,
by a season. I, therefore, now earnestly invite
you to the discussion, and to a knowledge and
comparison of the sentiments of each other, and
a mutual communication of those of your respec¬
tive Constituents. That the great work of a Rail
Road from Boston to the Hudson River, facilitating
communication between the Commercial Capital
of this State and the leading highway and thorough¬
fare from the immense regions of the North and
West to tlie Commercial Capital of the Union, is an
event to be realized in the progress of time, no
one who has the slightest acquaintance with the
geography of the country, and the advance of
population, with thé increased and multiplied oc¬
casions of business consequent upon it, can reason¬
ably doubt. If we are yet unprepared for the
7
undertaking, a generation not remote, will assured¬
ly effect it But we may at least accelerate the
work by an examination of the objecticms, which
discourage its commencement. Inquiry and in¬
vestigation will remove obstacles, which prejudice,
from the novelty of this species of improvement,
has hitherto opposed, and give that confidence to
its success, which will ultimately, eitlier impel by
a sense of public duty, or influence by motives of
private interest, to its execution.
The first question to be resolved is, do the pro¬
posed Rail Roads offer the best practicable im¬
provement to the means of inter-communication ;
and another enquiry of not less complexity and
difficulty, in what manner and through what
agency are they to be constructed ?
The information which has recently been diffus¬
ed through the community, of the facility afforded
to heavy transpwrtation, and the ease and rapidity
given to travel, by Rail Roads, has added the con¬
victions of experience to a knowledge of the laws
of matter and of mechanical power in their favor.
If there be any thing, which is rendered certain by
the testimony of personal observation, and by a
series of experiments producing uniform results, it
is the fact of th^ immense saving of labour and ex¬
pense, by the adoption of this mode of conveyance.
Rail Roads have become of familiar use in Ehg-
land, and their introduction into this country, so
far as there has been opportunity for trial, has sat-
8
igfied the most sanguine expectations of their utility,
here. It is a point now universally conceded, that
whereever the business of any section of country
embraces an extensive internal trade, requiring the
constant transportation, at all seasons of the year,
of merchandize and passengers, a Rail Road may
be safely and advantageously determined on. The
decision is wisely made to depend, upon a com¬
parison of the probable extent of accommodation,
with the estimated cost of construction. On this
head, in reference to the projects now before the
Legislature, the best information which can be had
upon a preliminary examination, has been already
obtained. The facts which admit of precise ascer¬
tainment, in distances, inequalities of surface, pre¬
ferences of location, materials, and expense of as¬
sumed amounts of labour, are distinctly and confi¬
dently stated by different Boards of Commission¬
ers, and by skilful Engineers, who have presented
their Reports to the Government, and who are
officially responsible for the accuracy of these de¬
tails. Whatever is beyond this, must, at any time
hereafter, as at the present, rest in the confidence
of personal opinion. In works of magnitude no
greater assurance of success can ordinarily be had
in advance, than a reasonable probability. The
Legislator, who waits for more, will be in danger
of passing his life in fruitless indecision, and to the
end of it, may see his country without progress in
improvement. Besides, in public enterprizes, the
9
profitable investment of capital is not tlic only
motive to action. Indirect, conscquenlial, and
widely diffused benefits, are often times more
weif^lity considerations ; and of tliis character, it is
readily conceded, must be, in a great degree, the
inducements and arguments which should prevail
with the Government to the encouragement of
the proposed undertakings. If there is any thing
.sound in the maxims of political economy, if the
councils of the wise and the conduct of the pru¬
dent can avail any thing, they teach the importance
of facilitating intercourse, reducing the cost of
transportation, saving manual labour, opening new
avenues to trade, and new markets to produce.—
Profitless indeed, useless, and worse than useless,
were otherwise the researches and labours and
hitherto favoured influences of those mighty spirits,
who have led and are now directing governments
nnd individuals to the accomplishment of enter-
prizes elsewhere, compared with which all that is
proposed here, is truly but inconsiderable. Is it
credible, that there is nothing of public advan¬
tage in works to which several of the most en¬
lightened States of the Union are now applying
the utmost of their resources. Are the already
constructed Canals of New-York of no account, in
the unprecedented growth and prosperity of that
powerful Commonwealth ? Is Pennsylvania wast¬
ing on idle and valueless objects the millions ap¬
propriated to her projects of internal improvement.-*
2
10
Will Ohio justly suffer the reproach of rash adven¬
ture in her gigantic schemes for direct communi¬
cation through the farthest West? Or shall Mary¬
land, encouraged and sustained by the Councils
of the Nation, in the amazing attempts to span the
lofty Alleghany, both by Canal and Railway, in the
achievements of persevering industry, afford no
countenance to the purpose of our limited en¬
deavour? These and numerous other examples
in our sister States, may inspire us with confidence
in the character of works, in which, after every
precaution of previous inquir}^ and examination,
with an assured and provident forecast of advanta¬
ges, they have so deeply and so nobly engaged.
But the question recurs, by whom shall the pro¬
posed Rail Roads in Massacliusetts be accomplish¬
ed? The Commissioners have recommended, that
it be done at the charge and on account of the State,
and to this Legislature was referred, by your Pre¬
decessors, the responsibility of adopting or reject¬
ing the proposition, of assuming or aiding in the
task, or refusing the sanction of the Government to
it altogether.
It has been objected, that the Western Rail
Road is but a matter of local interest to benefit, in
an especial manner, the citizens of Boston and the
inhabitants of a narrow district of Country upon the
route of its location. The like objection might be
applied, with equal pertinency, to any general im¬
provement. Those ^ho are proximate to a pub-
11
lie accommodation, be it of what description it ma}",
from the Capitol of the Government, tlie Temple
of Worship, or the Hall of Justice, to the School
House of a District, must enjoy its advantages, more
directly and in a greater degree, than those who
are remote. Yet this argument, necessarily result¬
ing from the nature of things, can never be permit¬
ted to prevail with liberal and enlightened 'minds.
If there be a place in the Commonwealth so situate,
that it will feel no direct beneficial influence from
the occupation of this new Highway, neither is
there a place which will be prejudiced, in its es.
seniial inieresis, by its construction. To the City
of Boston indeed, it is believed to be of vital con¬
cern. But the streams of business, which it will
pour into the Metropolis, will be returned to the
remotest parts of the Commonwealth, in the diffu¬
sion of the treasures which trade and Commerce
produce, or in a relief from the burdens elsewhere,
to which accumulated wealth will here be subject¬
ed. If the City be disproportionately enriched,
precisely in the ratio of this advance, will be her
liabilities to the contributions of the State, and a
corresponding reduction in the taxes of other por¬
tions of the Country. On the other hand, suffer
the course of her prosperity to be arrested, her
trade to decline, her population to remove, her cap¬
ital to be transferred to other Cities, and where, but
upon the Country, and upon whom, but the Yeoman¬
ry, will the demands for the support of Government
12
be devolved! It matters little whether the Treasu¬
ry be replenished by direct or indirect assessments,
if the same capital furnish the fund for the supplies.
But the failure of trade must inevitably diminish
the present fund. The Bank Capital of the City,
which contributes largely to the revenue ol the
State, now bears a much higher proportion to that
of the Country, than the valuation of the general
property of the former to that of the latter. That
this must be reduced, unless business can be ex¬
tended, will not be questioned. However and
whenever it shall be occasioned, the eflfect will im¬
mediately be experienced in the necessary impo¬
sition of new and higher duties on the people of
the interior, to make up the deficiency. The a-
mount to be raised upon the general valuation will
be increased, and there may be danger too, that
the aggregate of this valuation, in the City, may
be diminished, and the proportion between Town
and Country materially changed. It is no less es¬
sential to the prosperity of the whole body politic,
that the commercial capital of the Commonwealth
should be sustained in vigor, than, in the animal
structure, that the heart, the seat of life, which sends
forth the vital fluid to warm and animate the ex¬
tremities, should beat with strong pulsations, to
preserve health and soundness in every part of the
natural body.
A jealousy has unreasonably been manifested,
lest a spirit of selfishness may influence the inhab-
13
itants on the route of the proposed location of the
road, to advocate its construction, in whole or in
part, by the Commonwealth. It will be alike a
service to the State, and an act of Justice to those
whose motives are thus distrusted, to remove this
unfounded prejudice. The route recommended by
the Board of Commissioners was prefered by them,
for reasons, which they have fearlessly submitted
to public examination. These consist, in the sav¬
ing of distance, in the less inequalities of surface,
and in a favorable difference in feasibility and cost
of construction. The correctness of the results,
in these particulars, to which the Commissioners
arrived, has no where been controverted. The in¬
fluence of the citizens, on the route, was not ex¬
ercised to produce them. It so, in truth, happens,
that in many towns in this direction, there is less
of local interest to induce to the proposed improve¬
ment, than in places more remote. The people of
no inconsiderable section of country through which
the route passes, now enjoy, by the bounty of na¬
ture, a convenient passage-way to the Ocean and
the great markets on the sea board : while those
of another section, not less important, have opened
to them an advantageous avenue to trade, through
a work of art, recently executed by the almost un¬
assisted enterprize of the citizens of a neighbour¬
ing State. The vailles of the Connecticut and the
Blackstone are not the Districts of Country most
to be benefitted by the accommodation of Rail
Roads, nor will the Representatives from those
14
Districts justly incur suspicion, if they should be
found to advocate their construction. The object
is of general concern—The promotion of the great
interests of the Commonwealth,—the extension of
domestic trade,—the saving of that tax on labor
which now bears down the industry of the Coun¬
try, which leaves agricultural produce to perish on
the land, from the expense of getting it to mar¬
ket, and subjects manufactures to charges in trans¬
portation wliich absorb all profits in their manage¬
ment,—these are motives for the patronage of the
Government to the comtemplated works of im¬
provement. Without tliis patronage, exercised to
some extent in advancements towards expense, it
is much to be feared they cannot be undertaken,
or if undertaken, that it must be upon grants of
privilege and power repugnant to the sentiments
of the people, inconsistent with the genius of a
free government, and impairing the control and fu¬
ture enjoyment, by the comnrunity, of the capaci¬
ties of CountiT for other pur]toses, and possibly,
still higher objects. Let the subject, then, be
viewed carefully, patiently, and without excite¬
ment, and if upon faithful investigation it shall be
found entitled to favor, let that measure of encour¬
agement and support be accorded to the work,
which shall secure its effectual and most advanta¬
geous accomplishment.
It cannot but be my duty, how-ever painful to
myself or unacceptable to others, renewedly to pre¬
sent to the notice of the Legislature the subject
15
«of the fiscal concerns of the Commonwealth. The
receipts of revenue continue to fall short of the
ordinary expenses of the administration of the
Government. In compliance with a request ad¬
dressed by me to the Treasurer, that accurate and
vigilant officer has furnished an abstract from his
accounts since the commencement of the year, by
which it appears, that the debt of the Common¬
wealth has been necessarily and greatly increased,
under the authority of the Legislature to borrow
of the Banks. On the first of January last, the
aggregate sum due to those institutions was seven¬
ty thousand dollars. It now amounts to one hun¬
dred and three thousand dollars. There was of
cash in the Treasury, on the morning of the 21st
of May, at which time the abstract was furnished,
8 23,035 -fWi subject however to demands for
payments on rolls and warrants then in the office,
including a small balance of five per cent public
debt, of 8 11,263 -JW'l^^^ing a balance between
the money and the claims upon it, at that time, of
11,772-jYir only. The Treasurer, in a com¬
munication accompanying his statement, observes,
that " for the current expenses of Government, in¬
cluding the pay of the Honorable Legislature, a
large-sum will probably be needed in all the month
of June, and it seems necessary therefore, that the
Legislature should renew the Treasurer's authori¬
ty to borrow, at an early period of the session."
Upon this official exposition of the condition of
the finances of the State, it is with increased earn-
16
estness and solicitude, that I recomtiiend to you
the grant of a tax, at the present session, sufficient,
at least, to prerent any further accumulation of
debt, and to redeem some part of what is already
incurred. A postponement to the winter session
must inevitably add the excess of the expenditures
of the current year to the sura already to be pro¬
vided for. It must have become manifest to every
intelligent raind, that a recurrence to the former
mode of obtaining revenue by taxes, in some pro¬
portion to the amount required by the exigencies
of the Government, can no longer be dispensed
with. The public interest demands the measure.
The system of assessment is equal, just, and as lit¬
tle oppressive in its operation, as any method which
has been, or can be resorted to. From the estab¬
lishment of the Government, until within a tew
years past, it was the invariable manner of furnish¬
ing supplies to the Treasury greatly beyond what
are now required. The character of the State is
reproached by the occasion of a continued resort
to loans, from unwilling Corporations, to meet ap¬
propriations for the most common purposes of the
Government. Nor is it just to these Institutions to
coerce them to the accommodation. However
general are the terms of the obligation expressed
in their charters, it was never designed nor con¬
templated, that they should be enforced on ordina¬
ry occasions. It is upon sudden and unforseen
emergencies, or under peculiar and unusual cir¬
cumstances only, that this recourse should be had.
17
It is an oppression too, upon the citizens, in their
business transactions, which often depend upon fa¬
cilities to be derived from Banks, that tiiey are
subjected to disappointments from the necessity
imposed upon the corporations of a prompt com¬
pliance with the Treasurer's requisitions. If the
occasion for borrowing cannot now be provided
against, how is the demand for ])ayment, hereafter,
to be met? Will the people be more ready to sub¬
mit to taxation to extinguish" a debt, than they are
to prevent it from being contracted ? Will any
state of the country better justify a reasonable ex¬
action, than its present peaceful and prosperous
condition ? I trust theie is but one sentiment on
this subject, and that immediate and adequate pro¬
vision will be made to relieve the Commonwealth
from the humiliation of further dependence upon
loans, and the people, from the more grievous ap¬
prehensions of a debt, rapidly accumulating, with¬
out reference to time, or manner, or appropriation
of funds, for its redemption.
The Warden of the State Prison has recently
presented to the Executive his semi-annual state¬
ment of the -afikirs of the Institution, which, for its
interesting details, and the many important sug¬
gestions it contains, proper for your consideration,
will be laid before you. It will be seen, with sat¬
isfaction, that, under the vigilant police which has
been established, and the scrupulous accountabili-
3
18
ty which is required of the officers, the expenses
are gradually diminishing ; and that further consid¬
erable deductions may reasonably be looked for.
The New Prison will probably be completed in
the month of August, when, by the provisions of
the late statute, the number of officers is to be
greatly diminished. The anxiety expressed by
the Warden, on this subject, deserves your partic¬
ular regard. In his judgment, the number of
Watchmen proposed to be retained, will be too few,
to afford confidence in the safe keeping, and gov¬
ernment of the prisoners. Concurring with him in
the opinion, that more officers than the law con¬
templates upon the completion of the building,
will be required, to prevent attempts at escape and
enforce discipline, while the convicts are at their
labor, in the manner, and at the different places in
the shops, in the yard, and upon the wharves,
where they must necessarily be employed, I advise
to an alteration of the statute, so far, as to author¬
ize retaining the number of watchmen proposed in
his communication.
I recommend also to your inquiry, the propriety
of adopting his suggestion for the appointment of
a superintendent of the Hospital, and to your con¬
sideration, his remarks, in respect to the treatment
of the convicts upon their discharge from a second
commitment. Of the expediency of the first meas¬
ure, I am not sufficiently informed, and upon the
19
latter, the objection does not strike my mind with
the force which he expresses. His opinions, how¬
ever, are entitled to mucii respect, as his character
and conduct, as an intelligent, efficient, and most
devoted officer, is worthy of all confidence.
Pursuant to a Resolve of the 25th of February
last, as soon as I was informed of the arrangement
of the officers of the National Government, under
the present Administration, I applied to the Secre¬
tary of War, for a c:opy of the report of the sur¬
veys made by the authority of the United States,
for a canal route from Boston Harbour to Narra-
gansett Bay, with copies of such plans, maps, or
estimates, as might accompany the report, for the
use of the Government of this Commonwealth.
The reply of the Secretary, of the date of the 30th
of March, assured me, that copies should be fur¬
nished as early as the same could be prepared.
They have not yet been received.
In execution of the authority of a special Resolve,
passed at the last session of the Legislature, the
Board of Internal Improvement have recently made
examinations and surveys for a route for a Rail
Road from Plymouth to Wareham, in the County
of Plymouth. Their Report shows the practicabil¬
ity of the construction. The distance from tide
waters in Plymouth to Wareham Landing, by the
proposed route, is fourteen and a half miles ; and
but three fourths of a mile greater, than by a right
20
line. The greatest elevation of the road will not
exceed the rate of seventy feet to a mile, and this
* upon a short section. The summit elevation above
high water, is found to be ttvo hundred feet, and
the entire change of level, through the whole route,
four hundred and fifty nine feet. The expenses of
a single rail-way is estimated at from g7,500 to
8,000 per mile, the difference depending upon the
facility of procuring-supplies of granite for the foun¬
dation.
Copies of Resolutions of the Legislature of Lou¬
isiana, proposing that the Constitution of the Uni¬
ted States, in the first section of the Second Arti¬
cle, be so amended, that the President and Vice
President shall hold their offices for six years, and
that the President shall be ineligible afterwards ;
of Resolutions of the Legislature of South Caroli¬
na, denying the powers of the General Govern¬
ment to adopt a system of Internal Improvement
as a National Measure, and to regulate duties upon
imports for the purpose of encouraging domestic
industry, and also the right of Congress to patron¬
ize the American Colonization Society; and cop¬
ies of the proceedings of the General Assembly of
Virginia, in relation to certain other proceedings
of the Legislatures of South Carolina and Georgia,
upon the subjects of the Tariff acts and the acts
for Internal Improvements, have been received by
me from the Governors of those States respectively,
21
and will be submitted to you, in respectful compli¬
ance with the requests which accompany their
transmission. The subjects referred to in the pro¬
ceedings of South Carolina and Virginia, have been
presented to the attention of the Legislature of
Massachusetts, on repeated occasions. But I am
not aware, that the proposition contained in the
resolutions of the Legislature of Louisiana, has ever
been acted upon, by this Government.
It has become my duty to apprize the two Bran¬
ches of the Legislature, that a vacancy exists in
the office of Major General of the Fourth Division
of the 'Militia, by the resignation of Major General
Asa Howland, who after an exemplary course of
services for a series of years, in successive grades
of advancement, has been honorably discharged.
Matters of much moment will urge themselves
upon your notice, during the present political year.
Humanity, justice and good polic}', alike, demand
a revision of the laws relating to imprisonment for
debt, and some relief to the present condition of
the honest and unfortunate insolvent. An attempt
to reduce within convenient limits, the delegation
to the House of Kepresentatives, and lessen the
expense of Legislation, and the measures proper
to be adopted, to enforce.the claim of the State up¬
on the General Government, cannot fail to receive
your earnest attention, at the fit opportunity.
Whatever your wisdom shall propose in the dispo-
22
sition of these and other subjects of general con¬
cern, will meet with that aid and support from me,
which a faithful desire to fulfil acceptably, the du¬
ties of my station, should secure.
LEVI LINCOLN.
State House, Boston, May 30, 1829.