YALE UNIVERSITY L

S?,-'Vv

Address of the \ihlg members of
the Senate and Ho-use of Llass.
to their constituents.
Bos ton, 1843.
Gift of
Professor E. S. Dana.
191"^

ADDRESS OF
THE WHIG MEMBERS
OP THE
SENATE AND HOUSE OF REPRESENTATIVES
OF
MASSACHUSETTS,
TO THEIR CONSTITUENTS,
OGCA.SIOir£I) BY THE INAIT&UKAZ. ADDRESS OF
HIS EXCELLENCY MARCUS MORTON.

BOSTON:
EASTBURN'S PRESS,
No. 18 State Street.
1843.

ADDRESS

THE WHIG MEMBERS

SENATE AND HOUSE OF REPRESENTATIVES

MASSACHUSETTS,

TO THEIR CONSTITUENTS,

OCCASIONED BT THE INAUGIIRAL ADDRESS OF

HIS EXCELLENCY MARCUS MORTON.

BOSTON:
EASTBURN'S PRESS,
No. 18 State Street.
1843.

ADDKESS.

The Whig Members ofthe Legislature of Massachusetts feel
that a notice of some of the statements set forth in the recent
Address of his Excellency the Governor is due to themselves,
to their constituents, and to the public.
In speaking of this document they -would treat it -with the re
spect due to the official station occupied by his Excellency — but
at the same time, -with the boldness that becomes freemen in
speaking to one -who, in their opinion, is using the influence of
his high office for the furtherance of party purposes ; -who is
disparaging our free institutions, — impugning the credit an hon
or of the State, and endeavoring to exalt himself under cover
of unfounded statements regarding the measures of his prede
cessors. The address resembles that issued three years since, by his
Excellency, both in the topics it notices, and in those it omits.
Like that, it declaims against our government, and makes vague
and uncertain promises of reform, and is not -wanting in an os
tentatious parade of political, moral and religious truisms. It
also, hke that, avoids any notice of most of the great interests
of our Commonwealth — its fisheries — its public lands — its man
ufactures — its commerce. On these, and kindred subjects, no
information is given respecting their present condition — no sug
gestions for their future advancement. No allusion is made
to the great question recently settled between the govern
ment of the United States and that of Great Britain, in which
the pecuniary interest, and the public honor of this Common
wealth, is deeply involved. The Massachusetts claim is now
before Congress, yet with all the discussion of the finances, no
hint is given of its existence, or its prospects.
The rights of slaves, and the claims of slaveholders in re-

lation to fugitive slaves in this Commonwealth, is a subject
which has of late been considered with deep interest throughout
the country ; and it was hoped we might have been favored with
his Excellency's opinions respecting it. Here again we are
disappointed. On topics of public interest, where opinions dif
fer, and on which the public looked for his Excellency's views,
a rigid silence is maintained. On those which might be availa
ble for the creation of political capital, eloquence is not spared.
Allusions to the differences of condition, which are a necessary
result of the constitution of man — sinister remarks on the mo
tives and acts of predecessors — the most common-place moral
sentiments, and universally admitted principles of government, —
put forth as if they were the peculiar discoveries and exclusive
property of his Excellency, and his pohtical friends, of all this
there is enough to make one regret, that when his Excellency
became the head of the State, he did not feel it his duty to re
member that he was no longer only the chief of his party.
On some of the topics there can be no difference of opin
ion. The vast importance of pubhc schools, the immense good
which is resulting from the temperance cause, are cheerfully
acknowledged by all ; and the necessity of guarding the ballot
box, has been most clearly shown in those troubles in a neigh
boring State, to which his Excellency alludes, where it was proved
that majorities had been affected by extending the franchise to
men who were absent, to those who never had existed, and to
some who had been for years in their graves.
There are however some points which demand a more partic
ular attention as involving the preservation of the rights of the cit
izen, the credit of the State, and the honor of the honorable men
who have presided over its counsels.
A. very considerable portion of his Excellency's address is de
voted to the subject of taxation. It contains many unexception
able remarks, and lays down several undeniable positions in re
lation to the nature and objects of taxation, and the difficulties
which always have and probably always will attend the imposi
tion of taxes.
His Excellency very justly observes that the power for indi
rect taxation is assumed by the General Government, whose ex-

penses are defrayed entirely from that source, while those of this
Commonwealth have long been paid by specific taxes on cer
tain kinds of property without any direct charge upon the people.
There is nothing then for which the people of this State are
called upon to tax themselves, but those County and Municipal
charges, which as they vary in each Town and County must
necessarily be left to the inhabitants of each to assess upon them
selves. That our system of assessment might be improved we are not
disposed to deny, but as no complaint has been made, nor any
alteration of the laws called for by petition or otherwise, we had
not supposed that this could be considered a matter which
pressed itself very strongly on the attention of the Legislature at
this moment.
As his Excellency has thought proper however to lay no little
stress upon it, and has hinted at one important measure con
nected with it, and very distinctly and emphatically recommend
ed another, we beg leave to notice somewhat at large the ground
he has taken and the arguments he has put forward.
His Excellency opens the subject with a maxim which is in
controvertible, and to which we would call especial attention.
It is this — " Government being instituted for the common benefit,
its support should be a common burden. The contributions
should undoubtedly bear some proportion to the benefits de
rived, and those who have most under the protection of the
Government, should contribute most towards its support. But
as its protecting power is necessary to all, and as the benefits
derived are incomparably greater than the burdens imposed, the
most equitable practical rule is, that each should contribute ac
cording to his abilit'y to pa'y."
His Excellency then proceeds to such general remarks as we
have above alluded to, and which we shall not particularly notice
until we reach the following sentences.
" Real estate, which is not the most productive species of property, being
incapable of concealment, receives more than its just share of taxation ; while
personal property, and especially shares in joint-stock companies and money
at interest, being less tangible and visible, in some measure escape the notice
of the assessors. The agricultural interest is not only the first and greatest

interest, but the basis of all other branches of industry. It comprehends
three times as many persons as any other pursuit, and more than all others
united. As a class, they ask less and contribute more than any other class.
And while they seek no special privileges or exclusive advantages for them
selves, they are peculiarly liable to be preyed upon by them in the hands of
others. If any remedy for the unequal burdens imposed upon them can be
devised, it will be our duty, as I am sure it will be our pleasure, to adopt it.
" Another remark which, doubtless, has occurred to every one conversant
with the practical course of direct taxation, is that the assessments are
almost invariably heavier upon the poorer than upon the wealthier classes.
As the property diminishes, the ability to pay taxes more rapidly diminishes.
Yet it is feared that, in practice, the proportion of the taxes to the estate, in
creases as the ability to pay decreases. This tendency should be strenuously
counteracted, especially as, in our complicated system, the indirect taxes, de
pending on consumption, take nearly as much from the poor man as the rich
one. And, if we cannot countervail the inequality of indirect taxation, we
should be cautious not to increase it by a corresponding inequality in our
direct taxes. Itis worthy of your consideration, whether isome relief may
not be found by transferring the assessment on mortgaged estates, to the
extent of the amount secured, from the mortgagor to the mortgagee. This
would prevent the same property from being twice taxed, or the money at
interest from escaping taxation."
To his remarks on the value, numbers and importance of the
agriculturists of the Commonwealth, we give our most hearty
assent, nor have we anything to object to his Excellency's rec
ommendation that great caution be had not to make the taxes
bear with undue weight upon the poor man, although we cannot
altogether admit the force of his remark that our complicat
ed system of indirect taxes depending on consumption takes
nearly as much from the poor man as the rich one.
We have been led to beheve that the present tariff of duties
favors very much those articles which are consumed by the poor,
and that several of the most important of them are entirely free
of duty.
However this may be, the remedy proposed by his Excellency
at the close of the passage just quoted, seems to us very little
calculated to give rehef to what are properly called the poor.
How the transferring the assessment on mortgaged estates to the
extent of the amount secured, from the'' mortgagor to the mort
gagee, is materially to affect this class of persons, is not very
clear. A man to obtain a loan on mortgage, must in the first place

have property to mortgage, and moreover some degree of credit.
In very many instances the mortgagor is much richer than the
mortgagee. It is only necessary to glance at the returns of the
Savings Banks lately printed by order of the Legislature, to see
that these institutions in this State have nearly 2,000,000 of
dollars invested on mortgage. The lenders are the depositors
in these Banks, whose hard earned savings are loaned on mort
gage to persons of property at six per cent. Now the effect of
his Excellency's plan as far as we can understand it, would be
to transfer the tax from the comparatively rich mortgagers to the
poor mortgagees, thus depriving them of their fair and just inter
est on their small deposits. The same remark applies to all
charitable institutions who have loaned l5noney on mortgage. In
all cases, if applied to already existing contracts, such a law
would be in direct violation of one of the plainest principles of
jnstice, as well -as of the express provisions of the Constitution.
Should it be made appUcable only to mortgages made subsequent
to the passage of the law, one of two things would result. It
would either put a stop to the loan of money on mortgage, or
every such instrument would contain an express stipulation that
the taxes on the mortgaged premises should be paid by the
mortgagor. The mere suggestion of his Excellency has already
excited a considerable degree of alarm, and seriously interferes
with those who are seeking to raise money on mortgage.
The remedy contemplated by his Excellency is so faintly
shadowed forth in the address, that we cannot venture to pro
nounce precisely what it is.
We regret that considering the importance his Excellency ap
pears to attach to a measure of relief, founded on the relation of
mortgagor and mortgagee, that he had not thought proper to
favor the Legislature with his views on the subject in a more
definite and tangible shape. May we not hope that in the course
of the session his Excellency will lay before the two branches, a
distinct measure founded on the suggestion thrown out in the
address. Passing from this branch of the subject, his Excellency pro
ceeds as follows : "Another measure of rehef to the poor tax
payer, which I recommend to your favorable regard, is the re-

8
duction of the poll tax. This would -accomplish two objects,'
the one affecting essential political rights, and both worthy of
earnest consideration . ' '
The two following paragraphs contain all that is said on this
point, and we confess we can see in them but one of the objects
mentioned above. What the other may be, probably from some
fault of our own, we are unable to perceive.
" I hold that every man has a natural right to a voice, and an equal voice,
in the government under which he lives — a voice, which, like other essential
rights, he may forfeit by his own misconduct, but of which he cannot right
fully be deprived without his fault. This right is not derived from the gov
ernment. It cannot be bought of it by the payment of a price ; nor can it
be withheld by an omission to call for, or a refusal to receive money. Every
man, whether he pays taxes or not, o-wes duties to the government over him ;
is entitled to protection from it ; is bound by its decrees, and has a right to be
heard in making them.
" The political axiom so much venerated in the days of the revolution, that
' representation and taxation go together,' was used only to deny the liability
to taxation of those who had no voice in imposing the taxes ; but never was
relied upon to exclude any from the right of suffrage, because they were
omitted from the tax bills. But, in any sense, it is broad enough to support
universal suffrage. For every man who consumes dutiable articles, pays a
tax. And who is there that does not, every year, in the duties on the goods
consumed by him, contribute to the revenue, many times the amount ofa sin
gle poll-tax ? I therefore recommend that the poll-tax be reduced to a very
small sum, and that it be iraposed upon every male between the ages of twen
ty and seventy years, ' excepting paupers and persons under guardianship.' "
In the matter of taxation, it has been the custom of this Com
monwealth, from the earliest times, to proceed on the maxim
laid down by his Excellency, " that government being instituted
for the common benefit, its support should be a common bur
den." Those having property, have been taxed according to
that property ; and those who, although they may not have ac
cumulated wealth, are in the exercise of gainful employments,
by which they are enabled to earn a comfortable support, have
been assessed in a moderate tax on their persons. As the law
now stands, this tax is not less than one-sixth of the whole tax
assessed, provided that in no case shall the poll tax exceed one
dollar and fifty cents. Assessors have, moreover, the power to
remit the tax altogether where they are satisfied that the circum-

stances of the individual require it, without affecting the political
rights of the individual.
This has seemed to us one of the most characteristic and
beautiful features in our system ; and has, as we think, contributed
in no small degree to the prosperity and influence ofthis Com
monwealth. Every man is entitled to equal rights before the law, to equal
privileges in the courts, in the public schools, and in the exercise
of political rights. To use his Excellency's words, "he has
an equal voice in the government under which he lives." He
claims this as a right. He demands it as his inalienable privi
lege and birthright — and why.' Because, as far as their means
have admitted, both his forefathers and himself have contributed
to the general fund. He sends his children to the public schools
not as a favor but as a right — claiming what is his by the clearest
of all titles, that of a tax payer. Notwithstanding his Excellen
cy's assertion, that these privileges cannot be bought by the pay
ment of a price, it is a well known principle in human nature, that
men set a small value on that which costs them nothing. The
youthful sons of Massachusetts, who are starting in the race of
life, with health, strength, and a good education, trusting to these
to place them hereafter among those who have acquired proper
ty, press forward with confidence, because they feel that by the
payment of one, or at raost two days' earning out of the year,
they are enabled to take rank as freemen. Having deposited
this pledge of their determination to discharge the duties, they
claim with an honest pride the rights of citizens.
Unless we very much mistake the character of this class of
persons, they will feel under no obligation to him who shall
propose, without any request on their part, to degrade them from
this honorable position. Does his Excellency think that the ag
ricultural laborers, young mechanics, and professional men of the
State, will consider it a boon to be made in the eye of the law,
paupers — to be told that they are not to be allowed to contribute
in ever so small a degree to the public burdens, until they shall
become rich .'' Does he think they will value their privileges as
they now do when they find themselves not accounted of suffi
cient importance to be called upon even for a poll tax .'' Unless

m
we have entirely misunderstood the ordinary motives and feef'
ings of mankind, and the peculiar character of the New England
population, they will claim the right to stand on an equality witb
their more wealthy fellow citizens, by contributing according to
their means to the common stock.
But leaving this part of the subject, let us examine for a mo
ment the effects of abolishing or of materially reducing the poll
tax on the various interests of the Commonwealth and especially
on that most valuable class wbich his Excellency has so justly
extolled and so highly recommended — the land owners and hus
bandmen. It is well known that the last year has been particularly disas"
trous to the agricultural portion of the community; while their
produce has been depressed- to an unexampled degree, their
expenses have been very little diminished; while the demand for
the articles raised has been almost at a stand, they have paid very
nearly the same wages as formerly. That portion of the burdens
which has heretofore been defrayed from the poll tax, will fall
upon them with peculiar weight. Many of the subjects of this
tax are transient residents in the state — pass-ing from town to
town, and remaining among us but a year or two — during their
stay enjoying all the advantages and exercising all the rights of
citizens, availing themselves of our schools, saving banks, pro
vision for public worship, facilities of intercourse, &c., and
whenever it suits their convenience, taking leave and carrying
their earnings with them. Is there any reason in equity or jus
tice why these persons should not by a light poll tax, contribute
in some degree while they stay among us towards the public
burden ? Is it fair or just now, at a moment of uncommon de
pression, to release this class of persons from all contribution,
and throw the additional weight on the already suffering farmers of
the State .'' A class of men who being bound to the soil, have
no escape, but must abide the consequences of our legislation,
be it what it may. In the seaport and manufacturing towns
there is constantly to be found a very large class of persons
mosdy foreigners, and inhabitants of other States, to whom the
same remarks will apply. If they cannot be reached by a poll
lax the resident population is obliged to bear the expense of

11
their support in addition to its own. For these and other reas*
ons his Excellency must excuse us for dissenting wholly from
the recommendations in the address in relation to taxation.
The foregoing remarks are not intended to apply to the propo
sition to restrict the poll tax to persons between the ages of twenty
and seventy. To this we see no objection, but think it will relieve
the very class of persons on whom the abolition, or material re
duction of the whole tax would weigh most heavily.
In order to illustrate the operation of the proposed reduction
of the poll tax upon the agricultural and other interests, we sub
join the following tables. No. 1.*
A Table, showing the aggregate of the Poll Tax in the Coun
ties, as compiled from the polls of the cities and towns in
those Counties, under existing laws, estimating the present
average poll tax at one dollar and twenty-five cents each poll,
— and comparing it with a poll tax of fifty cents, to be assess
ed on polls from twenty to seventy years of age.

Amount which

Amt. assessed

would be re

Counties.

under exist
ing laws.

ceived from a
poll tax of 50
cents.

Suffolk, ... -

$22,970

$7,810

Essex, -. - - -

27,864

9,474

Middlesex, - - - .

33,130

11,264

Worcester, - - - -

29,798

10,132

Hampshire, ...

9,001

3,060

Hampden, ....

11,422

3,884

Franklin, \ ....

8,562

2,911

Berkshire, ....

12,374

4,206

Norfolk, ....

16,537

5,623

Bristol, ....

16,684

5,672

Plymouth, ....

14,002

4,761

Barnstable,

9,-369

3,185

Dukes, 

1,266

430

Nantucket, . - . -

2,427

825

$215,406
$73,237
* In these tables an allowance is made of fifteen per cent, for the change
of the limit of the poll tax, from the age of sixteen to twenty years.
12

No. 2.

A Table, showing the application of this rule in one of the
principal towns in each of the several Counties, estimating the
present average assessment upon polls, at one dollar and twen
ty-five cents, and comparing the same with a poll tax of fifty
cents to be assessed upon polls between the ages of twenty
and seventy years of age.

Amount which

Amt. assessed
would be re
under exist
ceived from a
Towns.
ing laws.
poll tax of 50
cents.
Lynn, -
.
$2,754
$936
Woburn,
.
1,147
390
Mendon,
.
1,069
363
Northampton, -
.
1,141
388
Westfield,
.
1,348
459
Deerfield,
.
606
206
Lee,
_ . .
760
255
Weymouth,
-
1,227
418
Dartmouth,
.
1,248
425
Middleborough,
.
1,236
420
Barnstable,
.
1,143
389
Edgartown,
.
572
195
Nantucket,
-
2,427
825
In regard to the finances, his Excellency observes, "in as
suming the government of the Commonwealth, we find its pecu
niary affairs in an embarassed condition. It is deeply involved
in debt. Its credit is impaired. It has been compelled to sell
its own notes under par, to meet its obligations. It has become
a partner in a joint stock company, controlled by individuals.
Its stock will take from the earnings of the people, more than
fifty thousand dollars a year, without any present prospect of a
return in dividends," again, " the State now owes a debt of one
million two hundred thousand dollars for money which during the
last eight years it has expended over and above its receipts, and
five millions of dollars on the scrip or notes it has issued, and for
which it holds the securities of several Rail Road Corporations."
13
Much more of a similar character might be extracted, but this
sufficiently indicates the temper of the address, and the object of
his Excellency, to cast the most gloomy and repulsive shade upon
pubhc affairs. He declares from his high station, that we are so
overwhelmed with debt, that our credit is impaired, and that we
are forced to sell our paper below par. He declares that we
have a subsisting debt of $1,200,000 created by an excess of
expenditure over our income, leaving the public to infer that it
is the result of wasteful unjustifiable extravagance, from which
we shall only be able to extricate ourselves by severe economy
and taxation. His Excellency has staked his character and
honor upon these broad unqualified assertions, and if the credit
of the Commonwealth is not impaired, if the finances are not de
ranged, if we are not compelled to sell our paper under par, and
the people are not oppressed with debt, he must stand responsi
ble for this abuse of truth, this official attempt to impose upon
the public.
Let us then look into the public documents and see whether
the treasury is embarrassed, and the other consequences follow.
We will go back to January 1, 1840, when his Excellency came
into the chair, and ascertain the annual income and expenditure
since that time. There was then a funded debt of $294,137.
INCOME. EXPENDlTtJRE.
1840—405,741,64 415,848,43 Excess of Expenditure, 10,106,79
1841—404,313,18 399,928,57 Balance of Income, 4,384,61
1842—415,798,97 351,550,87 Balance of Income, 64,248,10
This shows an excess of income over expenditures
for these three years, ofthe sum of 58,525 92
Which should be corrected by the subtraction of
fund received to redeem Charlestown Bridge
scrip, 3,504 66
55,021 26
And increased by the balance of unfunded debt in
1840, which was not an ordinary expenditure, 7,905 77
Leaving the actual excess of revenue, $62,927 03

14
During the year 1842, there has been paid from the Treasury
$119,944,92 of the public funded debt, leaving now due $174,
192,08. There has also been paid in addition to the ordinary
expenses, $27,000 of interest on Rail Road scrip.
Thus it appears that the Treasury has in one year paid more
than two fifths of the debt, leaving a balance of only $174,000
due. It also appears that in 1842, the Treasury is stronger
than in 1840 by $74,917,42; and it further appears that on the
first of January 1843, there was a balance remaining in the
Treasury of more than $41,000.
There is due from the United States $150,000 on account of
the late treaty with Great Britain, which being deducted from the
balance of debt will leave $24,000, and the Treasury can proba
bly meet this amount besides the ordinary expenses. The funded
debt may, therefore, be all discharged or provided for, within the
current year, if the system of economy which has been marked
out and thus far adhered to is pursued. Indeed this result can
not be avoided unless the expenses are unnecessarily increased,
and this must depend upon the Legislature and his Excellency.
But there is still a further resource, an acknowledged debt due
from the United States, of which the share of the Commonwealth
is about $180,000.
Thus stands the Treasury independent of the Rail Roads,
strong and prosperous, having the most ample resources to meet
all its liabihties within the current year, and will if our honest
dues are paid be left with an unusual surplus. It has vindicated
its character by a prompt discharge of all its habilities, and has
commanded the public confidence in spite of the libels which
have been heaped upon it. This is proved by the avidity with
which the renewed stock for the balance of the funded debt was
taken up, during the last fall at par.
But his Excellency insists that the Commonwealth owes a
debt of $1,200,000 which is the excess of expenditure over in
come and insinuates that it is the result of prodigal, party leg
islation. He also informs us that if his advice, given in 1840,
had been regarded, this debt would have been avoided.
If the facts sustain these charges there is culpability some
where, if not, the people will decide for themselves whether a
perversion ofthe truth becomes their Chief Magistrate.

15
We have already stated that by a law of 1836, a law too,.
passed almost unanimously with his Excellency's political
friends in the lead, the Treasurer was directed to subscribe for
10,000 shares in the Western Rail Road Company amounting
to $1,000,000, which sum was to be paid in, as demanded of
the share holders, and the money was to be raised by the sale
of scrip bearing an interest of five per cent. In this manner,
and for this purpose, and not for ordinary expenditure, as his
Excellency would have the public to understand, was this liabil
ity created, not by the instigation of a party, unless the lead of
his Excellency's friends give it that character, but with uncom
mon unanimity and harmony of opinion. We owe, it is true, to
the banks $430,000, but this is a part of the million loan, author
ised by the law of 1837, and borrowed in 1842, to save a sacrifice
in the sale of scrip, when the money market was unusually de
pressed, and money was not obtainable except at high rates of in
terest. As the laws now stand, this is to be replaced by the sale
of scrip, as soon as the market resumes its former healthy tone.
This scrip runs for twenty years, and the worst that can happen
to the Commonwealth is to pay the annual interest till the divi
dends are sufficient to meet it, which will happen at no remote
day, if the experience of the past year indicates coming events.
We owe, then, $174,000 of the funded debt, which may be
paid this year — nay, is provided for now, and we have a milHon,
or what is equivalent to a million, of this outstanding scrip, for
which we hold as an equivalent, ten thousand shares, which,
sneeringly as his Excellency is pleased to speak of the railroad,
will eventually be good, if all signs of promise do not fail.
Do these facts justify the Governor in declaring to the world
officially, that our finances are embarrassed .'' Do they author
ise him, as he takes his seat in the chair, to proclaim that by
excess of expenditure we owe $1,200,000 } Above all, do they
exculpate his Excellency when he declares that in 1840 this ha-
bility might have been avoided .' Had not the State before that
time solemnly pledged its faith and paid part of the money ?
Was not the debt actually created by the 172d chapter of the
statutes of 1837.'' On what principle, then, could the Common
wealth shun its liabihty ? It had promised to pay the balance.

16
and resting on this promise, the work had been commenced and
was then far advanced. Could the State annul the contract ? li
that be his Excellency's opinion, in what code of law or morals
has he studied his duties ?
But his Excellency affirms that the Commonwealth has been
compelled to sell its notes under par, and perhaps he considers
this as evidence of embarrassment tending to justify the gloomy
picture which he has drawn of public affairs. What notes ?
None have been sold for less than the face of the paper, but a
small quantity of the five per cent, scrip. The rate of interest
allowed by law is six per cent. Does his Excellency mean that
the par of five per cent, paper is dollar for dollar, and if it does not
bring that in the market, that it is therefore below par .'' If so,
all paper bearing five per cent, interest will always be below par,
when that which bears six per cent, is not above it ; for no one
knows better than his Excellency, that six per cent, is more
valuable than five. In 1841-2, the sixes of the United States
could be had in any quantity, at and below par, (and no one
questioned their soundness.) So could the best of securities be
had at the same rate, which is the interest established by law.
In this state of things, the fives of Massachusetts must fall as
they did — ^but it only proves the embarrassed state of the market,
not of the Commonwealth. It proves that money was scarce,
and not, as his Excellency would have us believe, that the credit
of the State was impaired. At the very moment when his Ex
cellency heralded forth our embarrassments and want of credit,
the fact stood before him that $166,543 08 of five per cent.
scrip, created last autumn, to redeem the unpaid balance of the
funded debt which then became due, was eagerly taken up at
par, proving incontestibly that no paper is in better esteem than
that of the Commonwealth. If his Excellency has examined the
daily sales of five per cents, he must also know that our scrip
has long stood at 86 to 87, when sold in large quantities, while
that of New York sells at 85. He might, too, have learned by
comparing the actual value of sixes, which is the lawful rate, with
fives, that our scrip is and has been almost uniformly above the
par of sixes.
~ What, then, does his Excellency mean by impaired credit,

17
land being compelled to sell our notes under par ? Did he desire
to create just that state of things which he represents .'' Did he
aim to awaken distrust and alarm .'' Did he mean to caution the
pubhc tb shun the scrip, as dangerous and unsafe .' Did he
mean that an impaired credit and an embarrassed condition should
cease to be a fable .'' If so, he has employed the most effectual
means within his power ; for he has, from his high station, and
upon his official responsibility, cautioned the Legislature that an
investment of the school fund in the Commonwealth's own paper
is unsafe. It is bold if not reckless ground to take, and the peo
ple will hold his Excellency accountable for his declarations.
This language might be overlooked at a clam-bake, but when it
comes officially from the chief magistrate, it is justly followed by
a more grave responsibility. It is not a light matter to deal even
ambiguously with the credit of the Commonwealth, and his Ex
cellency's experience upon the bench ought to have instructed
him in the duty, when stating what in the prejudiced state of his
intellect he may perhaps deem to be truth, of also telling the
whole truth, and nothing but the truth. Whether he, like an
honest man, has done this, or, like a partisan, has slid over some
facts and partially stated others, that he might adroitly lead the
public mind to conclusions favorable to his own purposes, the
people will judge. We have long seen, and seen with pain, that
his Excellency is a thoroughly-drilled partisan, and we fear that
his mind is so imbued with the craft of party tactics, that it has
ih a measure become weakened to the force of purely moral in
fluences, and to the appreciating of subjects with the candor of
an independent statesjnan, pr with the impartiality which a just
administration of public affairs demands.
How striking an illustration of this truth, we find in another
part of the address. " We have," (says his Excellency,) "been
elected for the purpose of reforming supposed abuses." He
speaks as if his confidence was inspired by a command of the
people — as if he had been called to his post by their voice, and
as if they had passed judgment on this issue. Turning from this
assumption to facts, one can scarcely credit the truth that he did
not reach his post by the popular voice — nor by the will of
the voters — but by the vote of a man elected a Whig, and by

18
Whigs — a man who came to this city a Whig — and, to the
amazement of his own constituents and of all honest men, was
found voting with his Excellency's partisans, who alone probably
knew by what means this sudden conversion was wrought. On
such a vote thrown in their favor upon all the test questions,
hangs the success of his Excellency and his friends who were
put into the Senate. Now whether it was a condition of the
bargain that abuses should be reformed, his Excellency best
knows ; but if it was not, his Excellency's language is character
ized by that disingenuous glossing of the truth which runs through
the address.
Had his Excellency seen fit to intimate, that the high credit
which our good Commonwealth has enjoyed, in times past in
this country and abroad, had been somewhat impaired in Eng
land, during the past year, in consequence ofthe actual repudia
tion ofthe bonds of some States ofthis Union, and the threaten
ed repudiation of others, the intimation would have been just,
and would have afforded a seasonable opportunity for an exhorta
tion, to preserve our faith at a azards, and to maintain, as we
always have done, our moral integrity, by honorably meeting all
our engagements, as a Commonwealth.
But to assert that our "pecuniary affairs are in an embar
rassed condition," that the Commonwealth "is deeply involved
in debt," and, as the consequence of these supposed facts, that
our "credit is impaired," is, as we have already shown, mani
festly unjust, highly unbecoming the Chief Magistrate of the
State, and, coming from one who has so well known her past
history, extremely disingenuous.
If his Excellency did not intend, in his remarks upon the
financial condition of the Commonwealth, to blight her honor, it
is to be hoped that, before he shaJl^alnhe^caHed^^ togivfi,
any official statement of his views upon these subjects, he will
have timelo learn the difference between credit and ability, and
realize that the credit of an individual or a State may be impaired
by circumstances entirely foreign to itself, and without affording
the slightest evidence that its "financial condition is embar
rassed," or that it is burdened with overwhelming debt, or that
its affairs have been otherwise than prudently managed.

19
His Excellency declares, " that the provision made by the
Legislature last year to aid the School Districts in the purchase
of libraries, has proved partial and unjust in its operation, and
failed to accomphsh all the objects in view," he adds, "that
while the more wealthy and populous Districts, which least
needed the pubhc aid, have obtained the bounty, the poorer and
less populous ones, which stood in the greatest need of assist
ance, not having the ability or inclination to perform the condi
tion, have failed to derive any benefit from the grant." The
law to which his Excellency refers, and upon which he invokes
pubhc dissatisfaction, provides, that any School District which
shall raise the sum of $15 towards a library, shall receive a like
sum from the school fund. This provision is pronounced partial
and unjust, as favoring the rich and populous districts, and im
pairing the fund at the expense of the poorer and ess populous
districts. If his Excellency had condescended to designate some
of the unfortunate Districts which are unable to raise $15, and
are thus wronged, he would have relieved the minds of his read
ers from much uncertainty, and his statements from suspicion.
In the absence of such evidence, the claims made upon the
Treasury by the Districts, and the disbursements in fulfilment
of the law, may be resorted to, to test the accuracy of the state
ment of his Excellency, and to show how far the law has been
unjust and partial in favoring the rich and populous districts.
In the county of Suffolk, nothing has been claimed.
In the county of Essex, all the Towns have put in claims ex
cept six, among which are Marblehead, Newburyport, and Salem.
In the county of Middlesex, all the Towns have claimed ex
cept seventeen, and among these are Cambridge, Framingham,
Holliston, Lincoln, Lowell, Medford, Newton, Wahham, West-
ford, and Woburn.
In the county of Worcester, all the Towns have claimed ex
cept eight, among which are Douglas, Holden, Northborough,
Princeton, and Westborough.
In the county of Norfolk, all the Towns have claimed except
Brookline and Roxbury.
In the county of Bristol, all have claimed except New Bed
ford, Berkley, Pawtucket, and Swanzey.

20
In the county of Plymouth, all have claimed except six,
among which are Wareham, Pembroke, and Hanover.
These may be taken as a sample of the towns from which no
claims have been made ; and whether they are the poor and un-
populous portions of the Commonwealth, it is not difficult to
decide ; and whether they are the places intended to be thus
designated by his Excellency, can only be known to himself.
But his Excellency thinks the law has proved partial and un
just — favoring the rich and populous districts. The Legislature
was probably under some delusion when it made such a law,
supposing it to have exactly the opposite tendency. They gave
to all districts alike. Each was to have $15, whether poor or
ri^h, and whether the population was few or many. They knew
that large villages, often containing many thousands of inhabit
ants and a large number of schools, were generaUy organized
into one District, and they placed such a District upon the same
footing as the smallest and poorest in the Commonwealth, intend
ing to give special support to the feeble, by extending benevo
lence where it was most needed — and yet we are told by his
Excellency, that a law adopted in this liberal spirit, and strained
to this remarkable tension for the benefit of the weak, is partial
and unjust. If his Excellency is not more cautious in the selec
tions of topics for popular invective, he may fall under the sus
picion of having a more sympathizing pen than heart.
But his Excellency is greatly concerned about the school fund,
for another reason. " I cannot," (he declares,) "refrain from the
expression of my apprehension that the investment of it in the
scrip of the Commonwealth, may endanger its ultimate safety."
Why ? Does his Excellency mean to say that the Commonwealth
is a knave, and, like a dishonest profligate, will disown its
promises, or refuse to fulfil them .'' The people and their Repre
sentatives must be gratified with such an opinion of their morals
and character. But his Excellency proceeds : " Should any of
the corporations to whom this scrip has been loaned fail to pay
the interest, or the principal when due, the only security which
the school fund would have, would consist in the will of the
Legislature, to impose an annual tax to be paid to the several
Towns, for the support ofthe town schools."

21
Scrip is a writing by which the Commonwealth, under its seal,
promises to pay a certain sum of money. Does his Excellency
mean to imply that such paper is doubtful .'' Does he mean to
invite us to repudiate ? Does he mean to declare, that if we
come to a tax, we shall corruptly dispute or disown our bonds .''
If not, why throw doubt and distrust over the matter ? Why
insinuate, in plain and palpable terms, that such paper is unsafe ?
And, above all, why call upon the Commonwealth to beware of
its own obligations, and shun them as insecure .' If the Com
monwealth dare not trust itself, how can it inspire the confidence
or respect of others .-' If its Chief Magistrate thus sounds the
tocsin of alarm from his high station, and appeals to the Legisla
ture to separate such paper from the school fund, and sell it,
because it is unsafe, who will buy it, or what will be the estimate
of our faith and the value of our promises, in the market .'' Could
his Excellency have selected a more tender and fatal spot in
which to stab the public credit .-' The worst feature, too, in the
raatter, is, that his Excellency has travelled out of his way to
find an opportunity to make public such alarming opinions.
He evidently supposes the school fund has been employed to
buy up scrip which has been loaned to railroad corporations, on
which the Commonwealth is in substance a mere surety, the debt
being the proper obhgation of the corporation owing it. He
would lead the public to understand, that the school fund had
been voluntarily invested in such paper, in preference to any
other ; but this is a totally erroneous and false view of the whole
matter, as no corporation has any interest whatever in the paper
held for the benefit of the school fund- It is the paper of the
Commonwealth, and upon which the Commonwealth alone is
liable. No one knows better than his Excellency, that several years
ago the Legislature by law directed the Treasurer to subscribe
for ten thousand shares in the Western Railroad, which were to
be paid for in money and instalments, the same as other share
holders paid for their subscriptions. These shares, amounting
to a million of dollars, his Excellency also well knows were to
be paid for, by selling scrip of the Commonwealth, which has
twenty years to run, in the market to raise the money, because

22
the law points all these things out clearly, and a portion of the
instalments were paid under his administration.
In 1841-2, it became necessary to raise six hundred thousand
dollars, in this manner, to discharge the remaining instalments.
The scrip bearing but five per cent, interest, was brought for
ward, while six per cents, of the United States, under a new
loan, were freely offered at par and under. The pressure upon
the market was unparalleled, the scarcity of money so great, and
the rates of interest so high, that all stocks fell below all former
examples. The five per cent, scrip, being less valuable than
sixes, fell gradually to ten, and below ten per cent, discount, be
ing more valuable at that rate, than sixes at par. Under these
circumstances it was manifest that, if a large amount was offered,
they would sink much lower, but $200,000 of the subscription,
being then due, must be paid. If sold at a discount, the Com
monwealth must sustain the loss; for it must redeem the scrip,
dollar for dollar, and the purchasers would gain the discount.
The question was, whether a sacrifice growing out of temporary
causes of depression could be avoided ; for it was believed, and
no doubt correctly, that so soon as the market should resume a
healthy state, the scrip would rise to its former value. About
$100,000 of the school fund was then laying idle in the Treas
ury, and for this cash $110,000 of the scrip was placed in the
school fund, whereby the school fund was benefitted to the ex
tent of the sacrifice, to which the Commonwealth must else have
submitted ; and thus the school fund has the bonds of the Com
monwealth as security, with a gain of $10,000. The only alter
native was to gain this to the school fund, or to submit to a loss
in the sale, of how much cannot be certainly known. If this be
censurable, then to husband the funds of the Commonwealth, in
the best manner, merits condemnation. The school fund can
suffer nothing, unless the security of the Commonwealth is inade
quate to meet the payment. This depends on her observance
of her faith, and the school fund can have no better foundation
than her faith to rest upon, for it is at all times in the power of
the Legislature to divert it to any other object, or to dispose of
it in any way it sees fit. And who can doubt that it will be di
verted, when the Commonwealth ceases to regard its solemn.

23
written obligations .-' It is entirely a gratuitous assumption of his
Excellency, to suppose that a law, which may any day be re
pealed, will be preserved in good faith amid the wreck of morals,
when we shall refuse to respect our promises, and shall repudiate
our bonds . Whenever there is a disposition to rob the school fund,
the Legislature will not stop at forms, or hesitate about pledges.
Whenever moral principle is extinct, both bonds and laws will
be swept away like cobwebs.
If we come to a tax to pay for this scrip when it becomes due,
which is not at all probable, it will be no more burdensome to
pay it to the school fund than to purchasers of stock, and it must
be paid to one or the other, or the Commonwealth must refuse
to fulfil its promises. But if his Excellency feels seriously
alarmed at this investment — if he believes this paper unsafe, and
unworthy of confidence — if he looks upon the Commonwealth as
a dishonest knave, he may order it to be sold to-morrow, and
the money to be restored to the school fund ; and if it is inade
quate to raise the amount — the amount taken from that fund, he
may create more scrip, and sell it to supply the deficiency.
There was no occasion for thus publishing to the world his dis
trust of our faith and credit, or of making an Appeal to the Legis
lature upon the subject ; and his Excellency must stand convicted
of seizing the very moment of his entrance upon official duty, to
proclaim, substantially in one sentence, that our faith must be
observed, and in another that we have no faith.
If his Excellency had avowed himself the enemy of educa
tion, instead of claiming to be its friend — while he throws out
doubts and suspicions concerning the expediency of placing
suitable books in the hands of children — if he had openly invited
repudiation, instead of undermining the credit of the State scrip
by insinuations of distrust, he would have had, at least, credit
for frankness. But it cannot become an officer in this high sta
tion to trifle with facts, for the purpose of leading the public
mind to mistaken conclusions.
Nor is it alone, the general management of the system in which
his Excellency impHes distrust; he descends to particulars. His
Excellency says, "although the genius of our government requires
the greatest practicable degree of equality in the education of our

24
citizens by elevating and more thoroughly diffiising the instruc
tion of our common schools, ¦yet I fear that the inequality in
stead of diminishing, increases with the advancement of knowledge
and science."
This, like many other of his Excellency's views, seems to
have been advanced without any reference to the statistics which
bust controvert or support it among those first principles of the
moral government of the world, with which his Excellency has
favored us, one very important one has escaped him, viz: that
enlightened persevering effort in any cause will effect progress
through a law of the Creator, slower indeed, but as certain in its
results as that by which the lightning cleaves the oak.
His Excellency knew certainly, that these conditions were all
fulfilled in relation to our common schools. He knew that the
whol^ time and talents of an eniinently gifted individual had beeii
devoted for six years to the object of elevating and improving
them, yet he fears that his work has not only failed to progress,
but that affairs are absolutely in a more desperate condition thai!
when hb commenced. If his Excellency will take the trouble to
look at the abstracts of the school returns, they will show him
that in hundreds of towns the reports of school committees to
their fellow citizens who can judge of their truth, are filled with
eulogiums of the advance and increasing utility of these schools.
We are told that they are taking the place of private schools and
rising in importance with all classes of men. The returns them
selves shew upon their face the fallacy of his Excellency's fears.
Let us look at the tables:
What amount of money has been raised by taxes for the support
bf Pubhc Schools, including teachers, wages and board for the
last five years.
In 1837 it was 387,124 17
1338-9, it was, with fuel 447,809 96
1839-40, " " 477,221 24
1840^1, " " 491,015 23
1841-2, " " 516,051 89

26
Showing an iilcrease of appropriation in 5 years of 128,927 72
Adding to which the diminutioil of tuition in that
class of private schools tbat come in competi
tion with the public, . 18,683 70

Makes an aggregate in favor of the public schools,
_ in fiv.6 years, bf 147,611 42
Which is more than 33 per cent, advance on thb
sum raised for teachdrs' w^ges, board and fuel,
in 1837.
During the same time, more than half a million of dollars have
been expended in builtiing and repairing school houses, and
probably not less than $^0,000j for libraries and apparatus.
Take again the number of schools.
These, in 1837, amounted tb 2918
" l84^, " 3i^8

Showing an increase of 2S6
Again, the number of male and female teachers, summer and
winter, in 1837, 5961
1842, 6782 Increase, 821
Again, the time spent in school —
Average length of 2918 schools, in 1837, 6 mos. 25 ds.
" " 3198 " 1841-2, 7 " 18 "
Statistics like these prove the truth of what we have advanced
above, that the condition and prospects of the common schools
justify the happiest auguries, to every citizen who knows the
facts, with the exception perhaps of his Excellency the Gov
ernor. In stating that in this Commonwealth, the political doctrine
of the equality of man is not regarded, his Excellency throws a
stigma on the free institutions of our fathers. In expressing a
doubt as to the security of the scrip, he has thro-wn a blot on
our untarnished credit ; and in proclaiming his fears, as to the
condition of the common schools, with the evidence before him,
he has undervalued the spirit of the people and the choicest in
stitutions of our land. We wait for his Excellency and his
friends to bring forward some of the promised improvements that

26
shall wash away the stain they have cast upon the State, — and
will assure the public that the Whig members of the Legislature
will be ready to co-operate in any measure, " calculated to im
prove our general laws, to secure the rights of the people, to
protect the weak, to relieve the distressed, to promote industry,
economy, education and good morals, and to increase the com
forts, the happiness and the prosperity of the people of the
Commonwealth." In behalf and by direction of the Whig members of the Le
gislature.
JOSIAH QUINCY, Jr. i
EDWARD DICKINSON, } Senators.
SAMUEL A. ELIOT, )

SAMUEL H. WALLEY, Jr.
CHARLES FRANCIS ADAMS,
ENSIGN H. KELLOGG,
J. THOS. STEVENSON,
LORING MOODY,

Representatives.

Syracuse. N. Y.
PH. MIL 21. INI

tt"