Note the constant references to the NH Constitution as to how NH was to be governed. How often have we heard recent Governers swear such fealty to our Foundational document? What we get now is “Public Health trumps Everything” instead. -Skip
We’d like to thank Dan Richards for sending in this speech by NH Governor Badger . If you have an Op-Ed or LTE
you would like us to consider please submit it to Skip@GraniteGrok or Steve@GraniteGrok.com.
The following written message was received from his Excellency the Governor, by Mr. Metcalf, the Secretary of State.
Gentlemen of the Senate and House of Representatives:
In entering upon the duties to which we have been called by the free suffrages of our fellow citizens, we cannot be unmindful of the importance of the duties that devolve upon us, having the public interests of the State confided to our guardianship and care for the ensuing political year. In view of these responsibilities, we may with great propriety and humble confidence in all our deliberations, look for direction and guidance to that Being of perfect Wisdom, whose assistance has been so signally manifested in the success that has at tended the efforts of our predecessors, in securing and transmitting to us our civil, religious and political rights. Government in its mildest aspect, under the most favorable Constitution and Laws, and the most perfect administration, is but a necessary evil.
And if, agreeable to our Charter of Government, we “surrender up some of our natural rights in order to secure the protection of others,” and fail in the attempt, the evil is an intolerable one, and adds poignancy to the reflection that we furnish the means by which we suffer. The great end and design of all government is the happiness of the people, more peculiarly so in a Republic, “Liberty and Equality” being the fundamental principles. It is a source of gratification, that when called to the discharge of our respective duties, we are not left without instruction. The great leading objects of legislation are marked out in our Constitution. The private rights of the citizens are there secured; the extent to which the powers of government may go is there defined, and the design and end of a government, founded in consent, and instituted for the general good, are there specified, and explained; and we, acting under this instrument, have but to devise such measures as may seem best calculated to carry into effect the views of those whose charter of instructions is annually placed in the hands of the people’s representatives, and which we have each of us sworn to sustain.
Our State Constitution has enjoined on “the legislators and magistrates in all future periods of this government, to cherish the interests of literature and the sciences, and all seminaries and public schools; to encourage private and public institutions; rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country; to countenance and inculcate the principles of humanity, and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections and generous sentiments among the people.” Here an extensive field is not only open for the display of all your legislative efforts, but it is enjoined on us as legislators and magistrates to cherish, encourage, countenance and inculcate the principles and objects above enumerated. And coming from every section of the State, and immediately from * the people, you bring with you a knowledge of the wants and wishes of all. And whatever measures you may mature and adopt, calculated to satisfy the people, increase their happiness, promote the general welfare, and perpetuate the privileges we now enjoy, will receive my cheerful co-operation.
In a Republic, one of the most interesting subjects of legislation is the education of its youth. Without it every other effort, however powerful to preserve and perpetuate our free institutions, must fail. Ignorance and tyranny go hand in hand, and “where ignorance prevails, there rules the rod of the oppressor.”
It is perfectly apparent, on an inspection of the Constitution, that there was no object more desired by its framers, and on which they rested more their hopes to sustain the fabric they had erected, than the general diffusion of knowledge. The peace of the community, the stability of our institutions, the happiness of our citizens, and their success in all their efforts depend mainly on their intelligence.
Our literary institutions of the highest order are useful in affording facilities for our young men who have genius and enterprise, and who possess the pecuniary means of placing themselves in situations to receive the benefit of their instructions; and private munificence has generally been found sufficient for the establishment and continuance of these institutions.
Our Academics and High Schools, suitably protected and encouraged, afford abundant facilities for acquiring the requisite literary qualifications for able instructors for our common schools. These primary schools are the most interesting and afford the most useful means of general education. In these the first impressions are made, the first principles taught. Here commences the education of all our youth, and here a large portion of them finish it, except what may be self-acquired; and here too is educated a majority of the free electors of the State who constitute the sovereign power.
The patronage of the Government has ever been found necessary to the promotion of the means of general education. It is appropriately the duty of the Government that its efforts should be directed to this end, and that so far as its patronage extends if should provide for the wants of the whole community; and the system of schools, long since established in this State, is based upon this principle, extending the advantages of early education to the poor as well as the rich, and thereby diffusing impartially its blessings equally among all.
The recent act of the Legislature altering the principles in the valuation of real estate for the apportionment of taxes, though salutary in its general principles, has had the effect in some of the remoter districts of our towns to diminish the length of the term of our common schools. So far as such has been its operation it is to be regretted; and it might be well to inquire whether it may not be remedied, or obviated in this particular, so that the means of education, heretofore enjoyed, should not be diminished to any portion of our citizens. And it becomes us often to enquire, whether the means of education enjoyed, are in proportion to its importance and the requirement of the times.
There is no one interest so important to the people of this State as its Agricultural. It is the main business of most of the inhabitants, and, on it we are dependent for the necessaries and comforts of life. It is in reality the foundation of all other interests. Agriculture, Commerce and Manufactures, which constitute most of the wealth and engross most of the industry of the country, are reciprocal helps to each other; and measures calculated to advance the interests of one, will generally operate favorably on all. Without Agriculture, Manufactures cannot exist; and without both, Commerce must fail.
The power to, “regulate commerce with foreign nations and among the several States,” is confided to the General Government; and it is to that power we are to look for its nurture and protection. Still, whatever individual States may do in promoting the increase of agricultural products and manufactures, and in affording facilities for their transportation to market, will aid and assist commerce, and come more immediately under the patronage of the State government, and are deserving particular attention.
An all bounteous Providence has bestowed upon the people of this State many signal blessings. A country possessing all the varieties of soil suitable to the culture and production of most of the necessaries and comforts of life. A soil not exuberantly rich, but of sufficient fertility to place its cultivators in that situation which seems to have been ordained of Heaven as the most happy, possessing “neither poverty nor riches;” a situation calculated to afford the greatest real enjoyment, with only that degree of labor necessary to make the people active and vigorous. Our soil does not invite, nor has our attention been exclusively directed to the production of any one particular crop for exportation. But it does invite to the culture of the varieties necessary for the comfort and convenience of the family, superseding the necessity of many exchanges. And it is with much satisfaction that the industrious and economical farmer, when he reflects on the result of his labors, can say, he has a competency from his own culture, grown on his own soil, under his own eye, dependent on none but Him, who bestows all our blessings. And if he may not have acquired as much wealth as some in other pursuits, he has had less care and anxiety, has enjoyed more real happiness, and has enough to satisfy any rational mind. And whatever measures may be necessary to advance and improve the agricultural interests, promote usefull manufactures, encourage labor and the mechanic arts, will merit, and no doubt receive, due legislative consideration.
So long as we have intercourse with foreign nations, we have no reason to expect perpetual exemption from the conflicts of interest and opinion, to which such intercourse is exposed. And so long as nations and individuals neglect to regulate their proceedings agree ably to the rule of “doing as they would be done by,” so long will some-military force be required for the security and protection of our free institutions.
The Militia, which has shared largely the pride of the country in peace, and repeatedly been found to be our bulwark of defence in war, was considered by our forefathers who framed and adopted the Federal and State Constitutions as our “proper natural and sure defence,” and as “necessary to the security of a free State.” There can at this time be but one opinion as to the necessity of preserving this institution, and rendering it as effectual for the purposes for which it was designed, as its nature will admit, or the safety and the happiness of the people who sustain it require. But as to the details of a system that shall give the most efficient aid to the government, its Constitution and laws, the most perfect safety to public and individual rights, imposing the least-burthen upon the community, and such as may be equally sustained by the rights and interests protected, there has been much diversity of opinion.
On the adoption of the Constitution of the United States the power was surrendered to Congress “to provide for organizing, arming and disciplining the Militia, and for governing such parts of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.” Upon this authority, which is paramount to the State authority, Congress passed the law of 1792, which requires the enrolment, with few exceptions, of all between the ages of eighteen and forty five, at the same time sanctioning the exemptions made by the laws of the individual States, and those that might afterwards be made. The law of this State with regard to enrolment has generally been conformable to the aforesaid law of the United States. And the prevailing opinion at this time, so far as my knowledge extends, is that in consequense of the increased population, so large an enrolment as the law of Congress requires is not demanded for the safety of the country, or the exigencies of government. And it is confidently believed that if Congress, which has the delegated power, should so amend the law by diminishing the enrolment and consequently the expense in the same ratio, including those only between the ages of twenty-one and thirty five, agreeable to the Bill now before the national legislature, and the law of the State be made conformable thereto, it would be an improvement of the system and revive its declining reputation.
Notwithstanding the Militia of the State may have fallen into some partial disrepute, there are honorable exceptions. And many of us had the pleasure and satisfaction of witnessing portions of the Militia assembled at this place to manifest the respect of the State to the Chief Executive Magistrate of the Union which did honor to themselves and received the merited approbation of that distinguished Civil and Military Officer. And any measure calculated so to equalize the burthen that all classes of the community may share equally in the expense as well as the benefit, to foster and keep up a becoming military spirit and make the details of the system as simple and as little obnoxious to the people as is practicable, are objects very desirable, and in the accomplishment of which I shall be happy with you to co-operate.
The appropriations from the Treasury which have heretofore been made for the education of that unfortunate class of our fellow beings the Deaf and Dumb, are creditable to the State, and to the honor and humanity of those who were instrumental in making them. They have been applied by my predecessors with that prudence and discretion the object demanded, and have been highly beneficial to those individuals who have participated in this charity. The happiness of this class, more than any other, depend on their moral and intellectual culture. And the appropriations heretofore made for this benevolent object, it is believed, have met the decided approbation of our fellow citizens.
There is another class of our fellow beings who have strong claims on the liberality of the government and sympathy of the community. I allude to the Insane, a subject which has been ably portrayed before the legislature at different times by my worthy and immediate predecessor, with all the sympathy and feeling of which the subject is susceptible, and which supersedes the necessity of any comment from me, further than to refer you to his remarks on the subject, and the claim that suffering humanity has to your consideration.
In connexion with this subject, I would remark that there are individuals, consisting of persons deprived of their reason and consequently of their accountability, whose acts have been of such a char acter as to render it inconsistent with the public safety that they should remain at large, and who are now in confinement in our county jails, under circumstances which may probably cause their detention during life. These individuals, who are entitled to all the charity and sympathy of their friends and the public, consistent with the circumstances of their case, are suffering a confinement dreaded by the worst of criminals. It would be far better for them that there should be a department for such persons in the institution in charge of the State, where an uniformity of treatment could be maintained, and where, as far as might be admissible, they could enjoy the means of labor and exercise, and be treated with that indulgence which is due to them as subjects of a misfortune to which all are liable, and not as persons convicted of a crime. At all events it is better that the power of commitment in these cases, should be defined by Statute, and not rest on the authority of the common law, which has heretofore been sanctioned from the necessity of the case.
The elements and principles of our present system of laws have been selected from the wisdom and experience of ages, and the errors that may have been adopted into the systems it is believed are few and inconsiderable. Innovations upon tried systems that have operated favorably, should be practiced with a sparing hand, and a remedy for supposed imperfections should be cautiously adopted, after all the bearings have been fully considered, and a full conviction obtained, that the imperfections, if any, that may result from the intended amendment, shall be less than the evil originally complained of, otherwise we have a change of law without benefit, requiring new labor to be understood, and time for judicial decision to settle its principles.
The administration of Justice is an essential appurtenant to every Government, and was a subject of much solicitude to the framers of the Constitution. It is believed that the present organization of our Courts of Justice, to whom this duty is committed, is such as to acommodate itself to the necessities of its business throughout the State, and that it has thus far generally answered the expectations of the people.
A sense of duty impels me to invite your attention to one of the principles of our criminal code, and to recommend to your consideration and reflection, and that inquiry and discussion that may lead to the true result, whether in the present improved state of society, with well-constructed and regulated Penitentiaries for solitary confinement and hard labor, the good of society or sound policy requires Capital Punishment. As expressed in the Constitution, “the true design of all punishment is to reform and not to exterminate mankind.” No one will attempt to controvert the principle that “the prevention of crime is the sole end of punishment,” and that “every punishment, which is not necessary for that purpose, is cruel and tyrannical.” If then the principle is admitted, that the sole end of punishment is the prevention of crime, two questions arise—How shall the offender be disposed of so as to prevent a repetition of the offence 2 And what punishment shall be most effectual in deterring others from its commission The first question is readily answered. Perpetual solitary imprisonment is as effectual to prevent the repetition as death itself; and is attended with this desirable consideration, that it leaves the offender with all that space for repentance and time to make his peace with his God, that He may see fit to extend to him. The other is a more complicated one and not so readily answered : and, were the punishment of death as sure to follow the commission of crime as some other punishments, it would probably be the most effectual, as it is the heaviest punishment that the law inflicts ; although many are of opinion that the apprehension of solitary imprisonment and hard labor for life, is as impressive, and more terrible than death itself. But it is the certainty and not the severity of punishment, that prevents crime. The humanity of mankind revolts at the idea of taking the life of a fellow being. And the result at the criminal tribunal is, that none are convicted unless the criminality is established beyond all doubt, adopting probably the maxim that “it is better ten guilty escape than one innocent suffers.” But when the punishment is imprisonment and hard labor, if the criminality is established beyond a reasonable doubt conviction follows, and few escape the merited punishment, confirming the correctness of the principle of certainty of punishment rather than its severity for the prevention of crimes; thereby destroying one of the principle sources of temptation, the hope of impunity.
Upon an investigation of the state of the Treasury you will discover the course proper to be pursued in relation to that department ; and also of the State Prison, upon the report of the Warden and an examination as to its management and prudential concerns. –
The term of service for which one of the Senators from this State to the Congress of the United States was chosen, will expire with the third of March next. You will therefore select such time as you may think most proper to fill the vacancy.
By the construction of our system of government, our sphere for official duties lies within the limits of our own State, beyond which we have no control. But as individuals, we are immediately interested in the proceedings of the General Government, the perpetuity of the Union and the prosperity of our common Country. The National Administration has been signally successful in our foreign negotiations, allaying the apprehension of internal dissentions, and reconciling conflicting interests, and during this period it justly received the cordial approbation of a large majority of our fellow citizens. The long tried and faithful services of our present Chief Magistrate, in peace and in war, his personal valor, his unbending integrity, his patriotic devotion to the welfare of his country, and the moral courage which impel him to the conscientious discharge of his official du ties, have powerful claims upon the affection of an intelligent people, which have been, and I trust will continue to be, duly appreciated.
The principles and proceedings of the great monied Institution of our country have been such as to awaken a deep interest among the enlightened Citizens of our national Republic. And there is evidently a violent struggle going on by this Institution to extort a recharter, and coerce an assent by oppression of the people. But if the char acter of the American people is not entirely misconceived, and has not degenerated in patriotism since the declaration of the independence of our country, and it is fully believed it has not, every effort at coercion and every attempt at wanton oppression, will but add strength and energy to the resolution to put down the oppressor. Upon a thorough investigation of the character and influence of this institution, it will be found, it is believed, both in principle and practice, in compatible with the genius and spirit of our government. The present session affords a convenient opportunity for the Legislature of this State to express its views on this interesting subject. In closing these remarks permit me to congratulate you on the un exampled prosperity of our common Country, in population, wealth, and national resources, and the near extinguishment of the public debt, and on the enjoyment of “peace, commerce and honest friend ship with all nations.” –
WILLIAM BADGER, Council Chamber, June 6th, 1834, –
