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nity in which he lives is in constant danger of riots and mobs, and all the evils, outrages and atrocities which go hand in hand with violent breaches of the law. It is better in all cases, as long as a law is continued in existence and not declared to be unconstitutional, to let it take its usual course. Evils that are endless and ruinous must grow out of any other course, and the seal of public condemnation should be stamped, in the outset, upon every attempt, and every threat, made by any part of the community, to disobey, resist, or trample under foot, the laws of the land, let that attempt or threat emanate from whatever source it

may.

The resistance of a State law is nullification of the worst character. It is the nullification of a law, where we have a tribunal to decide upon is constitutionality, and without an appeal to that tribunal; or it is the nullification of a law after it has been decided to be constitutional. It is an open resistance to all social order, for which there can be no justifications and it is the spirit of mobocracy in its blackest character-a spirit that should not be countenanccd.

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The subject of internal improvement is one of growing interest among our questions of State policy. On this subject a great diversity of opinion has heretofore existed; but experiments, comparatively recent, made by some of our sister States, have gone far to settle this diversity of opinion, and to unite the public mind upon this important question. A few years back, and both at home and abroad, our State was declared to be benighted--groping in the dark-half a century behind her sister States in public spirit, and public improvement; but time has proven our course to have been the wiser one; and that some of our sister States were running far in advance of their age, population and means, in the construction of internal improvements. We were right. They were wrong. If we can, we should keep right. On this subject, in the middle course, there may be safety. We should pursue steadily a system of internal improvement, but we should not involve ourselves in debt by an extravagant system.

But I will not say that a people should undertake no improvement, when they have not the means to pay. When labor is cheap, and the necessity of an improvement great, and the advantages to result to the people certainly equal to the interest on the cost of the improvement and all the expenses of repairing, and the wealth, population and business of the country is increasing, then a people may be justified in borrowing. But in most cases there is so much uncertain-ty about the existence of all, or many of these circumstances, and men are so apt to fail in such calculations, some from interested motives, and others from want of knowledge, that borrowing becomes a hazardous business, and more frequently proves ruinous than beneficial. It is, therefore, generally the safest course for a government not to borrow, and I would generally advise this course; and would deviate from it with great reluctance and caution.

But the question of borrowing is not important to us now. We have a fund for internal improvements, arising from the sale of the five hundred thousand acres of public lands; and the proper disposition of this fund is the subject for our consideration. If rightly appropriated, and faithfully applied, the State can be much improved, and the people greatly benefitted by the disposition of this.

fund.

In connection with this subject there are several matters which should be considered. In the first place too much should not be expended in contests about the disposition of the fund. Public spirit should over-ide sectional feelings in selecting the objects to be improved, and in making the appropriations for that purpose.

In the next place, a proper reference should be had to the amount of population that can be safely withdrawn from the ordinary pursuits of life to the construction of internal improvements, without interfering to an injurious extent with the other pursuits of life. We should not so affect the farming interests as materially to shorten the crops and render the price of provisions extrava

We should not

gant. And again: we should make the best use of our means. undertake too large an amount of work at any one tine. By offering too much work-too many contracts at the same time--we shall destroy all competition between bidders, greatly enhance the cost of our improvements, and thus waste the public fund. The State should give fair, but not extravagant prices. She should pay well, and require good work and enough of it in return.

It has not been unusual to adopt a system of improvements covering a whole State, and to commence them all once, regardless of the capricity of the people to perform the labor and to carry on their usual avocations, as well as of the ability of the State to pay. Such a course is generally ruinous. In such a system. the price of labor runs up extravagantly high, the public money and the public credit soon exhausted, and no work is completed so soon as to be render. ing a profit to the State or benefit to the people. Some of our sister States commenced on this plan, found the experiment ruinous, and then abandoned it, bus too late to repair the injury and bring back the money misapplied. Works in all stages of advancement, except that ne ir completion, lie rotting, mouldering and useless, bringing no revenue to the State, and rendering no profit to the people. We should learn wisdom from the experiments of others, and avoid their errors.

We should go to work upon a different plan. We should count the cost of our improvement, and its value to the country when completed, and compare these with the means at our command to make it. If it will not pay, then we should not undertake it; but if we find that it will be profitable when completed, and we have the means to comple it, then we should go to work. In selecting the object to be improved, if a water course for example, we should have regard to the extent of country through which it runs, the amount of population interested, and the value of the commerce which it affords, compared with the expense of the improvement. If we have means at command to complete but one improvement, we should commence but one; but if we have the means to complete two or more, then the propriety of commencing more at the same time could be considered; but too many improvements should not be undertaken at any one time.

The State, and the people in every section of the country will be benefitted by us fui improvements. The State will be benefitted by an increase in the population and taxes, and in the wealth of the peopl; the people near the improvement will be benefitted by cheaper transportation, cheaper merchandize. and higher prices for produce. The people renzote from the improvement wit be benefited by lighter taxes. As the improvements increase the wealth, the population and the value of property, so in the same proportion, they increase the taxes within the range of their influence. Out of that range the taxes are in the same proportion diminished. Thus all are ben fitted.

But of all the subjects, that of education is the most important. That nature makes a difference in men, mentally as well as physically, there can be no rational doubt; but that the chief difference between the majority of men, is the effect of education in the one, and of the want of it in the other, can admit of just as little rationa! doubt. And between the e lucated man and the uneducated, there is as much difference general y, as between the cultivated and the un- * cultivated. The poorer field, when well cultivated, yields the test of fruits in great abundance, but the richest soil that nature ever formed, yields but sorry fruit, and that but scantily when left uncultivated. It oftener happens in the richest soil, when left uncultivate 1, that the rankest weeds usurp the place of any fruit.

In our State, the importance of this subject has been overlooked. It should be in advance of all other subjects of legislation, and entitled to first notice from every legislative body. An increased diffusion of knowled re is felt in every ramification of society. It is felt in the workshop, in the corn-fields, on our roads, canals and navigable rivers, in our social intercourse, in legislation, in

The Lieutenant Governor took the chair and delivered the following Inaugural address:

Gentlemen of the SenateCalled by the suffrages of my fellow-citizens, to preside over the deliberations of this Honorable body, I take this, the first opportunity, since my election to tender to them, through you their Representatives, my hearty and sincere thanks for the honor thus conferred upon me.

On taking the chair to preside over the deliberations of the Senate, candour requires me to say, that I feel my want of qualification to discharge the important duties, incumbent upon your presiding officer. Relying, however, upon your aid and co-operation, in the performance of those duties. I indulge the hope that the business of the session will be conducted in a manner calculated to promote the prosperity and happiness of the citizens of our young and flourishing

Sta'e.

You are all aware no doubt, of the importance of the session just commen. cing. From the amount of business, likely to come before us, we may reasonably anticipate a protracted and laborious session, and many questions will probably arise, which will require my decision.

That I shall be always right. I cannot hope; but rest assured, gentlemen, that the various duties incumbent on me as your presiding officer, shall, according. to my feeble ability, be honestly and faithfully discharged.

A rigid enforcement of the rules of the Senate, and the preservation of good order, shall be my constant anm, and for any failure on my part. or for errors unintentionally committed, I respectfully ask for that indulgence and forbearance, which the Senate has ever extended towards its presiding officer.

The President presented several communications on the subject of printing, which,

On motion, the reading being dispensed with,

Were laid on the table.

The President announced Messrs. Monroe, Fort and Mills, as the committee on the part of the Senate, under the resolution in relation to printing the Governor's Message and Inaugural Address of Governor Edwards.

The President presented the following communication, which was read:

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Col. BENTON, of the United States Sonate, requested me to present, in his name, to the Senate of Missouri, the map of Texas which accompanies this, designed to illustrate the annexation argu

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On motion of Mr. Massey, it was

Resolved, That the map of Texas presented to the Senate by Col. Benton, be accepted, and that the thanks of this body are hereby tendered to the presentor. On motion of Mr. Welborn,

Resolved, That the map of Texas presented by the Hon. Thomas H. Benton

to the Senate, be suspended in the rear and on the right of the Chair.

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Mr. Polk submitted the following resolution:

Resolved, That the members of the Senate be arranged into the following standing committees:

A committee on Judiciary.

A committee on Education.

A committee on Ways and Means.

A committee on Claims.

A committee on Internal Improvements.

A committee on elections.

A committee on the Militia.

A committee on accounts.

A committee on Engrossed Bills.

A committee on Enrolled Bills.

A committee on the Seat of Government.

A committee on the Penitentiary.

A committee on Revised and Unfinished Business.

A committee on Agriculture.

And that each commtttee consist of

members.

On motion of Mr. Reese, the blank was filled with "five," and

The resolution was adopted.

Mr. Polk introduced a memorial to the Congress of the United States, praying the donation of certain inundated lands to the several counties in this State, in which they are situated.

Which was read a first time, and ordered to a second reading.

On motion of Mr. Reese,

Resolved, By the Senate, the House of Representatives concurring therein, that the joint rules for the government of the two Houses of the last General Assembly, be adopted for the government of the two Houses for the present session, until rules are adopted for that purpose.

Resolved, That a committee of on the part of the Senate, to join such committee as may be appointed on the part of the House, to frame and report to their respective Houses, joint rules for the government of the two Houses. On motion of Mr. Fort,

Resolved, That the message of the Governor be referred to the committee of the whole on the State of the Republic, and that four thousand copies of the same be printed in the English language, and one thousand copies in the German language, for the use of the Senate; and that a like number of copies of the Inaugural Address of Governor Edwards, be printed in each of the above named languages, for the same purpose.

On motion of Mr. Monroe,

The amendments proposed by the twelfth General Assembly to the constitution of the State of Missouri, in relation to judicial tenures, and

An amendment in relation to the incorporation of religious societies,
Were taken up, read a first time and ordered to a second reading.
On motion,

The Senate adjourned until half past one o'clock.

EVENING SESSION.

The Senate met pursuant to adjournment.

Message from the House of Representatives by Mr. McHenry,

MR. PRESIDENT:

I am instructed by the House to inform the Senate, that the House of Representatives has passed the following resolution:

Resolved, That the Senate be informed that the House of Representatives will be ready this day at two o'clock, P. M., to proceed to the election of two

Senators to the Congress of the United States for the State of Missouri; and that the seats on the right of the Speaker's chair, are set apart for their reception.

On motion of Mr. Monroe, the Senate repaired to the Hall of the House of Representatives. to clect a Senator to fill the vacancy occasioned by the death of the Hon. Lewis F. Linn; also to elect a Senator of the United States for the State of Missouri, for six years from the 4th of March, 1845.

The President of the Senate took the Speaker's chair, and announced the ob ject of the meeting.

Nominations being in order,

Mr. Fort nominated David R. Atchison.

On the motion of Mr. Monroe a call of both houses was ordered,

When all the Senators were found to be present.

All the members of the House of Representatives present, except Mr. Carson, reported sick.

The roll was then called, and on the first ballot there appeared,

For David R. Atchison-101 votes.

For Edward Bates--I vote.

For Sinclair Kirtley-1 vote.
For H. S. Geyer-17 votes.
For Abiel Leonard-8 votes.
For Uriel Wright--1 vote.
For John Scott-1 vote.

The names of the Senators voting for Mr. Atchison, are

Messrs. Acock, Anderson, Blythe, Boggs, Calhoun, Detchemendy, Ellis, Fort, Hancock, Harper, Harris, Hudspeth, Johnson, Jones, Massey, Miller, Monroe, Netherton, Polk, Powers, Rawlins, Reese, Shelton, Snell, Snyder, Thompson, Welborn and Wolfskill--28.

For. Mr. Bates--Mr. Campbell-1.

For Mr. Geyer-Messrs. Gentry, Lucas, Mills and O'Bryan-1.

Whereupon, David R. Atchison, having received a majority of all the votes given, was declared duly elected a Senator of the United States, to fill the vacancy occasioned by the death of the Hon. Lewis F. Linn.

The President announced that nominations were now in order.

Mr. Monroe nominated Thomas H. Benton.

Mr. Anderson nominated Thomas B. English.

Upon the first ballot there appeared,
For Thomas H. Benton-74 votes.
For Thomas B. English--32 votes.
For Mr. T. Polk-I vote.
For Fleming Saunders-1 vote.
For Abiel Leonard-7 votes.
For T. L. Anderson-1 vote.
For A. W. Doniphan-4 votes.
For W. M. Campbell--3 votes.
For Rio Santo-1 vote.
For Edward Bates-1 vote.
For Richard Roe--1 vote.

For John G. Miller-2 votes.

For F. Hyatt-1 vote.

For H. S. Geyer-2 votes.

The names of the Senators voting for Mr. Benton, are,

Messrs. Acock, Blythe, Fort, Hancock, Harper, Hudspeth, Johnson, Jones, Massey, Miller, Monroe, Polk, Powers, Rawlins, Reese, Shelton, Snyder, Thompson, Welborn and Wolfskill-20.

For Mr. English-Messrs. Anderson, Boggs, Campbell, Calhoun, Ellis, Gen

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