present time, than commend the subject to your attention, with the hope, that you may so dispose of it, as to secure the good of the militia, and command general satisfaction.

I also lay before you the reports of the Directors, Superintendent and Steward of the Insane Hospital. Treating of matters so deeply interesting to the cause of humanity, and containing highly important suggestions and recommendations in reference to the interests of this noble Institution, these reports cannot fail to receive your earnest consideration.

The Committee appointed under Resolve of March 18, 1842, "to investigate the affairs and management of the Insane Hospital," and for other purposes, made a report to the Governor and Council in June last. Three hundred copies were immediately caused to be printed and distributed to the then members of the Legislature, agreeably to an Order of the House of Representatives of May 27, 1842. A copy of the same is also herewith transmitted.

By a communication from the Secretary of the Treasury, under date of November 3d, I have been informed, that under the Act of Congress appropriating the proceeds of the public lands, approved September 4th, 1841, the sum of $17,554,90, is due to the State of Maine, which will be duly paid on the application of the authorized agent of the Stat♣

In my address to the Legislature at the commencement of its last annual session, I endeavored to demon

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strate, not only the unconstitutionality of the Act under which this distribution is made, but its gross injustice and inexpediency. The proceeds of the sales of the public lands, it appears to me, cannot fairly be distinguished from other monies in the treasury, so far, at least, as the power of Congress in relation to their appropriation and use is concerned-especially, as a large portion of the public lands now unsold, have been acquired by purchase and not by cession from the States. That the Act involves the power of taxation for the purpose of distribution, seems evident-a power, no where conferred in the Constitution.

The amount thus distributed being needed to defray the ordinary expenses of the government, it is clear, that its abstraction from the treasury creates a void which must necessarily be supplied. This can only be accomplished by taxation, direct or indirect. For the General Government, therefore, to proffer us a sum of money with one hand, while the other is employed in withdrawing a much larger amount; pertinaciously insisting, that it is thereby conferring a benefit, is a palpable trifling with our common sense.

The views then entertained and expressed, have been confirmed by further reflection; and I am gratified in being able to add, seem to have been fortified by resolutions subsequently adopted by the Legislature.

Regarding the constitution of the United States above all price-believing that its infraction would be poorly compensated by a paltry dividend of money, I shall appoint no agent to receive the amount said to be

coming to this State, without express direction from the Legislature to that effect.

In the new apportionment of Representatives to Congress under the late census, the number assigned to this State being less than was contemplated in the Acts of March 17th, and May 30th, 1812, further provision by the Legislature has become necessary. The district, in preference to the general ticket system, has heretofore prevailed in this State, and will, I am persuaded, continue to give the most general satisfaction. The peculiar views and interests of the various parts of the State will, probably, under this mode, be more truly represented -and the respect also which is thereby shown for the wishes of a minority, it is believed, cannot be without its salutary influences.

The question, you will perceive, I regard as one of expediency merely. For, whatever may be the power of Congress, directly exercised, relative to the formation of representative districts in the several States, I apprehend it has no power to direct and prescribe the action. of the State legislatures. If, therefore, your opinion should accord with that here expressed, and you should determine, from choice, to adopt the district system, I would suggest, in order to guard against a misconstruction of your views, the propriety of making this unconstitutional mandate of Congress, the subject of remonstrance or protest.

My views in regard to banks and the currency havo been, heretofore, expressed in my annual messages. It is unnecessary to repeat them-and, as they have un

dergone no change, I have nothing to add. The report of the Bank Commissioners will probably be laid before you at an carly day of the session.

A change in the time for the meeting of the Legislature, from winter to summer, I continue to believe would tend to reduce the expenses of the government, and in various ways promote the interests of the State. We are not without evidence, also, that public opinion is in favor of such change. I would, therefore, again recommend, that the question of an amendment of the Constitution for that purpose, be submitted to the people.

I transmit herewith, a report, with accompanying documents, of the Commissioners appointed under Resolve of May 26, 1842, to confer with the authorities of the General Government upon the subject of a proposed settlement of the Northeastern boundary of this State, and for other purposes.

The result and final adjustment of this question, even if it should be regarded by the people of this State as preferable to further procrastination and another foreign arbitration, under present auspices, I am persuaded, is far different from what they had anticipated. For myself, I can truly say, that I have been deeply disappointed, to use no stronger term. By this, however, I would not be understood as intending to cast censure upon the Commissioners of this State. They were selected by the Legislature as gentlemen of elevated standing-commanding, in a high degree, the confidence of the public, and, as eminently qualified for such a service. The correspondence on their part was conducted with signal

ability, and the embarrassments of their position, and the circumstances by which they were ultimately induced to submit the question to the determination of the Senate of the United States, are fully appreciated. But however their course may be regarded, the result is, nevertheless, a subject of deep disappointment. The course of the British Government, so far from having been, as was anticipated, conciliatory and liberal, was marked by an unyielding and grasping spirit. Its liberality, if any was evinced, was in unmeaning diplomatic compliments, while its exactions were in acres and substantial privileges. For, this State can never admit that the case presented was one of doubtful title, in which the adversary parties might reasonably be expected to compromise by "splitting the difference." The relinquishment of a claim, therefore, by the British Government, to a portion of what has been denominated the disputed territory, cannot be regarded by us, as in any sense, a concession. If a portion of this territory was necessary for the convenience of the British Government, this State had a right to expect, on its being yielded, that a full and ample equivalent in other territory would have been freely tendered. Towards the fulfilment of such an expectation, there has not been the slightest approximation.

The indirect overtures on the part of the British Government for an amicable adjustment of the boundary question, it is well known, were met on the part of this State, in a spirit of magnanimous forgetfulness of the past, and with a generous regard to the supposed interests and wishes of her Sister States. Earnestly entreated by the General Government, and pressed as she was by circumstances, she could not hesitate to place herself in a posi