institute the measures for readjusting the foundations of our political structure, and to rear it up in the beautiful proportions of liberty and equality; to more firmly establish justice and assure its speedy administration; to decrease the means that tend to the demoralization of the people; to initiate measures for the elevation of morals; to diminish the expenses of government; to simplify the laws; to extend and improve the system of education; to encourage commerce, manufactures and internal improvements; to give additional dignity, impressiveness and efficiency to both the system and manner of government; to increase the privileges and improve the condition of whole classes of the people, and better insure peace and tranquillity.

To these ends I recommend that you submit for adoption by the people an amendment to the State Constitution, providing that every person disqualified as a voter by the terms and effect of the third and eighteenth sections of the second article, except "bushwhackers" or guerrillas; persons who, after having voted or held an office, claimed the protection of foreign governments during the war; persons who at any time or for any purpose have falsely taken the "oath of loyalty," shall, upon application to a court of record in the county of his residence, and upon proof by two credible witnesses that he has deported himself as a good citizen since the fourth day of July, 1865, and by his conduct manifested an attachment to the principles of the Constitution and Government of the United States, and a disposition to the good order and happiness of the State, receive a certificate which shall entitle him to be registered as a legal voter.

This is, in substance, the manner of regaining citizenship lost by participation in the rebellion, suggested by me four years ago in my Inaugural Message.

It is a primary object of government to give security to life and property, and to this end laws are enacted. The justice of the law is attainable only through the judicial tribunals. Courts must derive the facts to which the law is to be applied from the moral sense and fear of punishment as invoked through the means of an oath. Whatever tends to deaden the sense of moral obligation to the community or to lessen the fear of punishment for false swearing, tends directly to lessen the security of every citizen in his life and property.

Every oath unnecessarily required of the people has the bad effect of so familiarizing their minds with the ceremony of judicially calling the Creator to witness the truth of their asseverations that its solemnity and impressiveness are lost. The oath of loyalty, as prescribed by the sixth section of the second article of the Constitution, is conclusive of nothing, as other provisions show, and inasmuch as conviction for falsely taking it cannot be had, it is, therefore, unnecessary for any good purpose. My views in reference to this oath as required of voters, I take the liberty of repeating here from my message to your predecessors at their first session: "The ballot is thereby offered as the price for perjury, and the most loyal, no matter how unlearned, are required to swear that they are well acquainted with the terms of the third section of the second article. That section defines what shall constitute a disqualification as a voter. Aside from the utter failure of this oath as a means of protecting the ballot box from the votes of disloyal persons the provisions of the Constitution of the United States and the humane principle of law that no one shall be compelled to testify against himself, seem to be inconsistent with the end sought to be accomplished by the voters' oath. There are certainly less objectionable and more effective modes for the enforcement of the disfranchising law." It may be accomplished by punish

ment for illegal voting more effectually than by punishment for false swearing done in aid of illegal voting-thereby removing an inducement for the commission of perjury. While the second section of the fourteenth article of the Constitution of the United States clearly carries with it the right of the State to disfranchise any portion of its citizens for participation in rebellion, the Supreme Court of the United States will most probably hold that an oath of loyalty cannot be exacted as the means of effecting that object.

The eighth section provides for the taking of the "oath of loyalty" within fifteen days next preceding the election by all candidates for whom any vote may be counted. An incentive to false swearing is thus held out. Frequently the will of the people, in their selections of those whom they wish for civil officers, is defeated by want of attention to this requirement on the part of such persons. The qualifications of men to hold office being well defined, the taking of this oath confers no qualification that did not previously exist. The party falsely taking it cannot be punished for perjury; but he may be denied an office to which he has been elected because of his want of any of the qualifications prescribed by the Constitution of the United States or of this State, even though he has taken the oath.

The ninth section which requires this oath to be taken by a number of officers and others has been judicially determined to be in conflict with the Constitution of the United States and therefore inoperative and void. The portion of this section which has not been so passed upon and decided to be of no effect, is the first clause of the section which requires the oath to be taken by all persons before entering upon the duties of any office to which they may be appointed. The reasoning applied to the oath as required of candidates holds good in reference to the oath required by this section.

The eleventh section requires the "oath of loyalty" to be taken by grand and petit jurors. In this case the inducement offered is to refuse to take the oath and thereby avoid the performance of one of the duties of a citizen, necessary to the good of society, but which each man prefers that some other than himself should perform. A refusal to take this oath as a juror involves no consequences and no punishment awaits the taking of it falsely. This requirement of the Constitution is not observed in some of the courts of the State. Public opinion, in many localities, regarding it as unnecessary and unfruitful of any good, does not demand its enforcement. Even where it is required, a conviction for falsely taking it cannot be obtained. No instance has been brought to my knowledge of a conviction for falsely taking the "oath of loyalty" either as a juror, as a candidate or as a voter. It is the certainty of the execution of laws that gives feeling of security to good citizens and restrains bad men. The non-enforcement of laws begets a habit of neglect of the duties of a citizen, which tends to a lawless spirit and the worst consequences to society.

Every department of the government is within the control of the supporters of liberty, law, order, justice, loyalty and progress. The executive office is committed for the coming two years to the care of a citizen of known and tried firmness in the right and fidelity to the interests of the people. The great principles for which the patriotic men of the State heretofore fought and lately voted have been established and confirmed by the recent election, never more to be seriously endangered. The time is auspicious. You may make the legislation of the Twenty-fifth General Assembly an epoch of new progress in our history.

Though the proposition to strike from our Constitution that provis

ion which, in hostility to the fundamental idea of a republican government, confers the governing power upon one class of persons, fell before unreasoning prejudice, more than fifty-five thousand men voted for it, and gave earnest of its ultimate success by the election of men to all the State offices, and a majority of the members of Congress who advocated its adoption. Prejudice itself is not so blind as to fail to see in the steady and rapid growth of radical democratic principles, our early future radiant with the perfect equality of the political privileges of men. It is the part of the statesman and patriot to continue to present the true principles of free government, relying with confidence on the intelligence and justice of the people to eventually recognize and adopt them. The true principle of a republican government as to who are citizens, is declared in all its breadth and liberality by the first section of the fourteenth article of the Constitution of the United States. Citizenship is the true basis of the right of suffrage. No permanent disfranchisement of any intelligent being is consistent with our theory of free institutions, unless it be necessary to the safety of the government. The liberal minded man recognizing these truths will, as soon as safety is assured, seek at once to better the condition and promote the welfare and happiness of all the classes that have been excluded from political privileges. The rebel was disfranchised for safety and not for vengeance; the loyal colored citizen for neither safety nor vengeance, but from prejudice, which must fall before the reason of an intelligent, a just and liberal people. It is safe to enfranchise the rebel who, returning to his allegiance, has for three years and a half obeyed the laws and conducted himself as a good citizen, despite all the efforts of unprincipled partisan leaders to induce him to swear falsely, and otherwise disregard and defy the laws. His silent appeal for the ballot by good conduct, is made not only to our magnanimity and generosity, but also to our best judgment of good policy in strengthening the government, by interesting a class of resolute men in its active support. The amendment to be proposed, should, in my opinion, dispense with the "oath of loyalty," not only for the purpose of voting, but for all other purposes for which it is required by the Constitution. The power given the General Assembly by the twentyfifth section of the second article, carries with it the evidence that the framers of the Constitution regarded the disfranchisements of the second section, and the requirement of an oath in the fifth section, as mere temporary provisions, necessary to the safety of the State under circumstances such as then existed, but unnecessary, and not to be preserved in the fundamental law when peace and order should prevail.

It cannot be denied that the greatest dangers which have threatened the well being of the State during the past three years, have come from men to whom the disfranchisements of the second section do not apply, or who can only be reached by purging their consciences by means of an oath-a means which has proved ineffectual to that end. Nor can it be controverted that the majority of the men who were engaged in actual rebellion and open fight, have, since their surrender, demeaned themselves as law-abiding citizens; and while they have refused to commit moral perjury, when no fears of legal punishment were before them, other classes of the disfranchised have not hesitated to swear falsely; to encourage others to do so, and to resist and counsel resistance to the Constitution, laws and officers of the State, thereby showing the insecurity to the good order of society from their participation in the rule of the State through the ballot.

Let obedience to the law have its reward. Let us welcome to a. participation in political privileges, all who have by their actions shown the disposition to unite with us in maintaining a government of civil law, and a desire to share our duties as citizens as well as our privileges. Let enfranchisement come by an amendment to the Con-; stitution, so that the Legislature may not exercise the power given by the twenty-fifth section, to repeal any part of the third, fifth and sixth sections of the second article, in the absence of any power to repeal. the word "white" in the eighteenth section of the same article. Let us guard the safety of the State by excluding from its rule those who have rebelled against the laws of God and their country, by superadding perjury to treason, and who stand in an attitude of defiance to the civil rule of the men who won in fair fight the right to govern. In the calm enjoyment of the final triumph of the Union, and exulting in the firm establishment of loyal rule in Missouri; with pride in having aided to win the one on the battlefield, and in having borne a part in securing and maintaining the other, I have made these suggestions in full confidence that they are consistent with the safety of the State, and in the earnest hope that you will submit to the people an amendment to the Constitution embracing their objects.

DISTRICT COURTS.

The amendment to be submitted by you should also embrace a provision striking out the twelfth section of the sixth article of the Constitution. This proposition was recommended by me to the consideration of your predecessors.

The District Court established by this section is merely an intermediate tribunal between the Circuit and the Supreme Court, having exclusive appellate jurisdiction from the Circuit Court. It increases the labors of the Circuit Judges without diminishing the work of the Supreme Judges. It is a bridge with heavy tolls, erected on the highway of justice between the Circuit and the Supreme Court, at a point where there is no stream to cross. The effect of this court is to delay final judgment in cases where the ruling of the Supreme Court is desired. The expense and inconvenience to litigants having to pass through it, are so burthensome as in many cases to be equivalent to a denial of justice. To afford speedy justice with the least possible expense should be the object kept constantly in view in framing all our laws for the organization of courts.

For the immediate relief of the people from the burden of the use-. less expense and delay of this court, I recommend that the statute establishing District Courts be repealed.

IMMIGRATION.

The unprecedented influx of population is a cause for congratulation. In your respective localities this increase of people and of: wealth is so fully seen and appreciated that it is only necessary for me to mention the aggregate increase since the first of January, 1865, and to commend to your encouragement some of the means which have contributed to this good result. On January 1st, 1865, the population of the State was less than one million; now it is fully fifteen hundred thousand-an increase of about fifty per cent. in four years. In 1860 the assessed value of all personal property and real estate was $273,746,492 30, added to which was the value of slaves $44,181,912, making S. J.-2

a total, including slaves, of $317,928,404 30. A devastating war, and the declaration that people were not chattels had reduced the valuation of our taxable property on the 1st of January, 1865, to but little more than $200,000,000. Now we have nearly $500,000,000 worth of taxable property, being almost $200,000,000 more than we had in 1860, including the value of slaves.

The

In pursuance of the suggestion in my inaugural message, an act was passed in 1865 creating the State Board of Immigration. labors of this board have largely contributed to carry abroad into other States, and into Europe, the knowledge of the advantages offered to immigrants by our State, thus inducing thousands to come among us. The system of encouraging immigration adopted by Missouri is commended generally, and regarded by our neighboring States as worthy of imitation. I cannot better convey an impression of the value of the work done by the board, in writing, publishing and disseminating many thousands of documents containing information respecting our State to the people of Europe, than by quoting a paragraph from a translation of a letter from the editor of a journal published in Bremen, who has been interested in aiding the efforts of the board. He says: "Without undue pretensions, we may claim that through our efforts during the last few years Missouri has become a well known and favorite point of emigration. When parties wishing to build up a new home on the other hemisphere inquire as to what State of the Union is the best to settle in, Missouri is named in the foremost rank. This is a great deal, considering that less than ten years ago Missouri was almost unknown amongst the mass of the people in Europe."

The Governor and Secretary of State are ex-officio members of the board. For the great success attending this means of promoting and encouraging immigration much credit is due to Hon. Frederick Muench, Hon. Isidor Bush and Hon. Amadee Valle for the time and attention they have voluntarily given as members of the board. The efficiency of this board may be augmented by increasing the annual appropriation made for its use. Sufficient means should be furnished to enable the board to procure from the published and unpublished portions of the Geological Survey of the State, and other reliable sources, the compilation and publication of a concise and practical report on the geology of the State.

The Board of Immigration has endeavored to show alike to all classes the attractions of Missouri. It has exhibited the advantages of the State to the capitalist and manufacturer not less than to the agriculturist and horticulturist. It has also directed attention to the superior profits of educated labor. But of the vast multitude of people who have come to our State during the last three years and a half, the proportion who came for agricultural and pomological pursuits far exceeds what might reasonably have been anticipated in view of our varied resources, adaptation to manufactures and profitable use of skilled labor. The explanation of this want of a diversity in the objects and pursuits of our immigration, proportionate to the variety of inducement for labor and capital can, in my opinion, be found to a great extent in the provisions of the sixth section of the eighth article of the State Constitution. This section makes each stockholder in a private corporation liable, over and above the stock owned, for a further sum equal in amount to the whole stock owned. To utilize the coal which we have in thirty-six counties, iron in thirty-five counties, lead in thirty-six, copper in twenty-two, zinc in five, nickel and kaolin in two, platina, emery, alabastar and tin in seven counties, is scarcely