MASSACHUSETTS.

On

Annual Visit to the State Prison. Thursday, the 17th of October, His Excellency Gov. Lincoln, Lieut. Gov. Armstrong, and the Executive Council, with the Secretary of the Commonwealth made their annual visit to the State Prison. Reports relating to the general state of the Prison, health and moral condition of the convicts, were presented by the Board of Inspectors, the Warden, Physician, and Chaplain of the Institution, and were read to the Council by the Governor. The favorable character of the reports, and the general prosperity of the Prison, called forth some interesting and highly gratifying remarks from the Governor, in which he spoke of the difficulties which had been met and overcome in producing that moral reformation in the general concerns of this establishment, which, from its condition, was so much needed, and from which such favorable results had followed. He alluded to the valuable services which had been rendered by a distinguished individual, (Rev. Louis Dwight,) in bringing about the reform, and considered the state under peculiar obligation to that gentleman for his unwearied perseverance in the cause of prison reformation.

After visiting and inspecting the work-shops, Prison, and Hospital, His Excellency and the other visiters repaired to the Chapel, where the convicts were addressed by the Governor in a series of very interesting remarks, occupying nearly an hour in their delivery. He spoke of the object of their visit, which was to make a personal examination into the conduct of the officers of the prison, and also of the treatment which they received from those placed over them. He spoke of the official relations in which he had, for so long a period, stood to the institution, which, he remarked, would soon terminate, and that he probably was addressing them for the last time. In alluding to the reports received from the Inspectors, Warden, Physician, and Chaplain, of the favorable statements, of the general order, obedience, and industry which had prevailed in the insti

tution, he spoke of the interest which he had constantly felt for the moral improvement and prosperity of the establishment, and the gratification his visit, on this occasion, afforded to himself and his associates in the executive branch of the government. His Excellency then called to their minds the causes which led to their confinement, and consequent privation of the enjoyments of the social relations of society; requested them to reflect with seriousness upon the manner in which they had spent their time previous to their commitment, and urged them to make a wise use of the privileges with which they were favored, for a moral and religious improvement. He reminded them of the kind treatment they received from those placed over them, and that they were not subject to that severity which was practised in many similar institutions.

On the subject of pardons, his Excellency remarked, that those only who had become thoroughly reformed from their vicious propensities, could expect or would receive such a favor; and those who were in confinement under a sentence for life, for having been three times committed to this prison, he observed, had no claims upon the Executive for mercy. They had been discharged again and again; and had as often committed crime, knowing full well the consequences that inevitably would result from a recommitment to this prison. By their bad example they had forfeited all their rights, and they must, as men capable of knowing right and wrong, be fully sensible that they deserved no other favor than such treatment in prison as its laws and humanity dictated. He remarked, however, that he would not have even such despair, but they must not expect a remission of their sentences, until, by a long course of imprisonment, and by sincere repentance and a thorough reformation, they had, in some measure, atoned for their misdeeds, and rendered themselves suitable objects of executive clemency.

His Excellency closed his remarks, (of which the above is a very imperfect sketch,) by expressing his fervent hope

and prayer, that those now in confinement would justly estimate the great moral privileges with which they were favored in this institution; and would make such improvement under them as not only to be prepared to enjoy the society of their families and friends in this world, should they be permitted to leave this place, but by unfeigned penitence and contrition of heart, be fitted at last for the enjoyment of that habitation where they may forever live in the presence of a pure and holy God.

Convicts. Whole number in the prison, October 1st, 1832, two hundred and twenty-seven; received since, one hundred and nineteen. There have been ninety discharged, and six have died during the year, leaving, as the present number in the prison, two hundred and fifty.

Of the financial concerns of the institution, we understand that they are even more favorable than they were the previous year. The income of that year exceeded the expenditures by three or four thousand dollars. [Bunker-Hill Aurora.]

NEW-JERSEY.

The

Expenses of the Government. Newark Daily Advertiser says the usual appropriation bill was passed at the late session of the legislature; giving to the Governor, for the current year, a salary of $2,000; the Chief Justice $1,200; the two Associate Justices, each $1,100; the State Treasurer $1000; the Law Reporter and Chancery Reporter, each $200; the Attorney-General $80; the Quarter-Master General $100; the Adjutant-General $100; the Vice-President of Council, and the Speaker of the House are each allowed $350; and the members of either House $3 a day during the sitting of the Legislature, and $3 for every twenty miles travel in going to and returning from the seat of government. The Clerks of the two Houses are also each allowed $3 a day, 8 cents for writing every 100 words in the records, and for copies to the print

ers.

The Sergeant-at-Arms and the Door Keepers, are each allowed $2 a day. It is proper to add that the Governor receives, being ex-officio Chancellor, fees for his Chancery duties, and that there are perquisites, though inconsiderable in amount, attached to the duties of the Justices of the Supreme Court. The Attorney-General also receives fees in all cases of criminal conviction. The legislature, at the late session, authorized the Governor to borrow ten thousand dollars, at 5 per cent, on the

faith of the state, for the purposes of the Commissioners in building the new Penitentiary.

PENNSYLVANIA.

Mason and Dixon's Line. Mason and Dixon's Line is so called from the names-Charles Mason and Jeremiah Dixon-of the two gentlemen who were appointed to run the unfinished lines, in 1761, between Pennsylvania and Maryland, on the territories subjected to the heirs of the heirs of Penn and Lord Baltimore. A temporary line had been run, in 1739, but had not given satisfaction to the disputing parties, although it resulted from an agreement, in 1732, between themselves. A decree had been made, in 1685, by king James, delineating the boundaries between the lands given by the charter to the first Lord Baltimore, and those adjudged to his majesty, (afterwards to William Penn,) which divided the tract of land between Delaware bay and the Eastern sea on one side, and the Chesapeake bay on the other, by a line equally intersecting it, drawn from Cape Henlopen to the 40th degree of north latitude. A decree in Chancery rendered the King's decree imperative. But the situation of Henlopen became long a subject of serious, protracted, and expensive litigation-particularly after the death of Penn, in 1718, and of Lord Baltimore, in 1714-till John, and Richard, and Thomas Penn, (who had become the proprietors of the American possessions of their father William,) and Cecilius, Lord Baltimore (grandson of Charles, and great grandson of Cecilius, the original patentee) entered into an agreement on the 10th of May, 1732. To this agreement a chart was appended, which ascertained the site of Cape Henlopen, and delineated a division by an east and west line running westward from that Cape to the exact middle of the peninsula; and from this middle point (between the bays of Chesapeake and Delaware) was to be drawn a line northward so as to form a tangent with the periphery of the semicircle drawn around Newcastle (agreeably to the deed of the Duke of York to William Penn ;) and that this line should be continued northward still, till it reached the 40th degree of latitude, which would be fif teen English miles due south of Philadelphia. From this point, a west line was to be drawn across and twenty-five miles beyond the Susquehanna river, to the western limits of Pennsylvanialeaving the line not actually run, though virtually drawn, to be the boundary be

tween Maryland and this state. This was precisely one century after the original charter to the first proprietor of Maryland-and was certainly favorable to the heirs of Penn, in consequence, not merely of the decree of James, appointing the 40th degree of latitude as the boundary of Pennsylvania, but from their own calmness and circumspection; for the grant of Maryland to the Baltimore family, may seem to sanction their possession of territory to the 41st degree. Be that as it may, the necessity of an agreement was urgent from the circumstance of the British government being in treaty with the proprietary of Pennsylvania for the purchase of their rights. This impelled Lord Baltimore to the arrangement of 1732; which he endeavored to invalidate as soon as the emergency was overcome. Chancery suits, kingly decrees, and proprietary arrangements, followed,which eventually produced the appointment of commissioners to run the temporary line.' This was effected in 1739. But the case in chancery being decided in 1750, new commissioners were appointed who were to ascertain the semicircle described from the centre of NewCastle with a radius of twelve miles. Objections originating about this centre and the periphery, threw the case again into chancery, to have a recognition of horizontal admeasurement, and of statute miles-which (with other circumstances) compelled another agreement in 1760; and this effectually terminated such protracted and vexatious altercations. This agreement was enrolled in the English Court of Chancery, and enforced as above mentioned in 1761. The chart and surveys of the former (not of the latter) agreement are among the public records of our commonwealth. [American Sentinel.]

GEORGIA.

The following is an extract from the Message of Governor Lumpkin to the Legislature of the state of Georgia, now in session, and comprises all that is said in the Message having a bearing on the relations between the General and State Governments. Commencing with a glowing picture of the health, prosperity, and resources of Georgia, and a grateful acknowledgement to the great Author and Disposer of the destinies of men and of nations, for such inestimable blessings, the Message proceeds thus:

"In the midst of all these multiplied blessings, it is truly mortifying to witness the restless spirit of agitation and

political excitement, which has been engendered and vigorously kept up amongst the people, calculated, if not intended, to alienate their affections from their own beloved political institutions. That the value of our Federal Union should have become a familiar subject of calculation, is truly alarming, and argues little for the patriotism of those who encourage discussion upon such a subject. Who could have believ ed, ten years ago, that, at this early day, we should have witnessed speculative discussions upon such a theme; or that it could have become the leading topic of a certain class of politicians? The Union of the states, one and indivisible, is no longer the motto of every American citizen! These " signs of the times" speak volumes of admonition to every lover of constitutional liberty, and should fire the bosom and nerve the arm of patriotism in the cause of the Union. Notwithstanding these threatening evils, it is gratifying to see that our admirable system of free government, based upon the will and affections of the people, continues to unfold the appropriate ability contained in its structure, to withstand the assaults of foreign and domestic foes. The enemies of our government, whether open or insidious-under whatever specious form or pretext-appear to be doomed to discomfiture, whenever they attempt to alienate the affections of the people from that government, which is, emphatically, the offspring and nurseling of their own effort and care. The people may alter and change, as to them may seem fit; but that they would destroy that mighty governmental fabric, reared by the toils and cemented by the blood of their fathers-merely for the aggrandizement of selfish demagogues and strife-stirring politicians, is not to be expected. The spirit that guided our Washington has hitherto pervaded and saved our country. The champions of civil and religious liberty, of popular rights and constitutional government, have thus far succeeded and triumphed over all opposition. Therefore, we should not be dismayed at the symptoms of yielding integrity and treasonable ambition, which have been engaged in estimating the value, and threatening the dissolution of our Federal Union. I am willing to charge the errors of all such, rather to selfish delusion, than traitorous design; and will, therefore, hope that the clouds which at present overshadow our political horizon, may quietly pass away, before they gather into a ruinous tempest.

But it has been truly said, "that the condition on which God granted liberty to man, is perpetual vigilance." We, therefore, fellow-citizens, as the sentinels of the people, should exercise the most unceasing vigilance, and suffer not ourselves to be led astray "by every wind of doctrine." Let us fol low in the footsteps, and adhere to the doctrines, of Washington, Jefferson, and Madison, and so far as the influence and example of Georgia will extend, our Republic will be safe."

Internal Improvements. An epitome of a report recently submitted to a public meeting in Georgia, on the success of the schemes of Internal Improvement projected in Virginia, North and South-Carolina, and Georgia, presents the following facts :-The Eatonton and Athens roads in Georgia, are links in a grand scheme to intersect the other three states. The Charleston road will be extended to Columbia, without delay; northwardly, the opening of the Petersburg rail-road, and the commencement of a rail-road "from Norfolk to

On

Fayetteville," will end, in a union of successive rail-roads, until Georgia shall be connected directly with Virginia, the capital, and the Northern states. the south, the same road is to be extended to Columbus and Montgomery, carrying, it is expected, considerable travel and trade to the Atlantic shore, which has heretofore gone to Apalachicola Bay. The extension of these roads to Tennessee is an important feature of the plan. In stating these views, an account is given of the peculiar geographical position of that country, which is worth transcribing. Parts of four states form an immense valley, with no outlet for commerce available to much extent. North-Alabama, East-Tennessee, the western part of North-Carolina, and the Cherokee Counties of Georgia, form, together, a body of land of about twenty-four thousand square miles, surrounded by mountains, lying almost entirely within three hundred and fifty miles of Savannah and Charleston, and with literally no means of reaching a market, but through the Tennessee river, a long and winding navigation, of which the difficulty is greatly increased by the obstructions of the Muscle Shoals.

The average distance from the Ohio and from the Atlantic is nearly the same. The advantage in favor of the latter market is, therefore, greater, other circumstances being equal, to the amount of the whole expense in time, labor and cost, of reaching an Atlantic market

VOL. V.

66

from the Ohio. Calculations are made to show that by carrying these roads into that country, the distance from Knoxville to New-York will be diminished from three thousand to eleven hundred miles of travel, and the time from thirty-five or forty, to about ten days. One third of the line of road is already made.

OHIO.

Cincinnati Schools. A report of the Board of Trustees of Common Schools in the city of Cincinnati, made to the Councils, is published in the Gazette of that city. About eight thousand dollars have been expended during the year, for tuition, and there is a balance on hand of six thousand five hundred dollars. Nearly three thousand dollars have been expended in buildings, and there are nearly eight thousand dollars of a building fund on hand. The City Council have taken measures to raise by loan the further sum of fifty thousand dollars, authorized by the legislature in aid of Common Schools. The report furnishes no details of the number of schools or scholars, nor the method of instruction.

TENNESSEE.

Circuit Court. In the Circuit Court of the United States, for the Eastern district of Tennessee, Benjamin Baily, a white, was indicted for the murder of another white man, in the Cherokee county in that state. On a plea of the jurisdiction of the Court, the question of the constitutionality of an act of Congress, passed on the 3d of March, 1817, came into discussion. This act provides, that any Indian, or other person, who shall, within the United States, and within any territory belonging to the Indians, commit any offence, which if committed in any district under the exclusive jurisdiction of the United States, would be punishable by their laws, shall suffer the same punishment, as is provided by those laws for the same offences, if committed in any place or district under the sole and exclusive jurisdiction of the United States. It was mantained on the part of the prosecution, that this act gives jurisdiction to the United States Courts of all crimes or misdemeanors, committed on Indian territory, within the limits of a state. The plea was sustained, and the prisoner discharged from the custody of the Marshal, by Mr. Justice McLean, upon the ground, that Congress has no constitutional power to enact a law for the exercise of general

jurisdiction over any Indian territory whatever, within the limits of a state, except in regard to such offences as relate to commercial intercourse with the Indians, as distinct communities; such jurisdiction can be only exercised in the territories of the United States, or in places within the states, whereof the jurisdiction has been specially ceded.

ALABAMA.

During the last two months, considerable difficulty has taken place in Alabama, in consequence of steps taken by the General Government, to remove intruders or squatters from the Indian lands in that state. One of the first steps taken, resulted in the death of a person named Owens. He had, it is stated in the Charleston, S. C. Courier, dispossessed one man of his house and land, and a young girl of a valuable farm, robbed the Indian graves for articles which he subsequently offered for sale, and committed other illegal acts. For these, the United States Marshal ordered him to leave the Indian County, but he refused, and when force was used to expel him, he attempted to blow up the Marshal and his party with gunpowder, during which attempt he was shot.

The state had previously laid out the whole Creek nation into Counties, and ordered the Judges of the Circuit Courts to hold terms in them as in other Counties. At the next term of the Court for Russel County, after the death of Owens, a bill of indictment was found against certain soldiers of Fort Mitchel, "for the muder of Col. Hardeman Owens," and subpenas were issued for the file men and for Major McIntosh, the Commander of the Fort., The Major refused to pay any regard to the mandate of the Court, and would not suffer his men to be arrested. An attachment was then issued, which Major McIntosh would not allow to be served,

and the Sheriff made oath that he could not take the men or the officer, for fear of death. Upon this, the Court sent express to the Governor of the state, for military power sufficient to enforce the doings of the Court. A correspondence then ensued between the Governor, Gayle, and the proper officers of the General Goverment, in which he stated his views of the jurisdiction, contending that it rested with the state government, and not with the United States. The Secretary of War, in reply, denies that any thing stated by the Governor goes to exempt the Indian lands in the state of Alabama, from the same measures that have heretofore always been taken by the United States in such cases, and cites similar cases as having occurred under former administrations. The Secretary of War concludes the correspondence with stating that the troops of the United States have been directed to remove all intruders from the public lands. "They are instructed to do this with as much moderation as possible. Time has been given by the Marshal till the 15th January next, for the peaceable inhabitants to remove."

Since this correspondence the general government has sent Francis S. Key, Esq. Attorney for the District of Columbia, to Alabama, with instructions to assist the United States Marshal, to have the troops submit to all legal process without resistance and without hesitation. But, in order to guard against all vexatious proceedings, to have the case, in every instance, brought immediately before a Judge of the United States, for his determination. Mr. Key is also instructed to aid the Attorney of the District, to examine the whole state of the affair, and especially to take care, that while the laws of the United States are enforced, the laws and the judicial authorities of Alabama should be duly respected.