The buildings purchased have been repaired and enlarged, so as to accommodate from twenty-five to thirty scholars, and the school is now open for the reception of juvenile offenders, quite a number having already been received; and I think it gives good promise of accomplishing all that the State expects from such an institution.

The first report of the commissioners has been made to me, and I have caused the same to be printed, ready for immediate distribution. I commend its suggestions and recommendations to your careful consideration.

FISHING REGULATIONS IN LAKE CHAMPLAIN.

Pursuant to the act of the General Assembly, entitled "An act to prevent taking shad or white-fish in Lake Champlain or its tributaries," approved November 6, 1865, I caused copies thereof to be forwarded to the governor-general of Canada, and the governor of New York, with the request that "their respective governments adopt like measures prohibiting the taking, killing, or destroying of shad or white-fish in the parts of said lake within their respective jurisdictions." The subject was taken into consideration with promptness and courtesy by the government of Canada, and on the 13th day of April, 1866, the following regulation was approved by the governor-general in council, under the Canadian fishery act, viz: "No person shall, during the months of September, October and November, take, kill or destroy any shad or white-fish in the waters of that part of Lake Champlain situated within the Province of Canada." A communication from the governor of New York, of May 19th, 1866, informed me that early in the session of the legislature of that state, he sent a copy of said act to that body, and by special message called their attention to the law passed by the General Assembly of Vermont, and urged upon them the importance of a similar enactment on their part, but that, owing to a press of other business, the legislature adjourned without final action thereon. The act of this State, is, therefore, by its terms, still inoperative.

RESTORATION OF SEA-FISH TO THE CONNECTICUT RIVER.

Under the joint resolution of the last session of the Legislature, relative to the restoration of sea-fish to the Connecticut river and its tributaries, I appointed Albert D. Hager, State Geologist, and Hon. Charles Barrett, Commissioners. I also communicated copies of said joint resolution to the

governors of Massachusetts, New Hampshire and Connecticut. The Commissioners' report may be expected during your present session.

Under another joint resolution of the last session, relating to the improvident destruction of shad in the Connecticut river, I addressed a communication to the governor of Connecticut, requesting him to call the attention of the legislature of that state, then in session, to the subject and to the resolution of our State, a verified copy of which I transmitted to him. I also transmitted copies of the same to the governors of Massachusetts and New Hampshire. In response to the application made to the state of Connecticut, I herewith transmit to you the certified copy of a joint resolution, passed by the legislature of that state at its last session, showing their willingness to co-operate with the other states .in interest, in the restoration of shad to the waters of the Connecticut.

NATIONAL STATUARY HALL.

Under the joint resolution of the Legislature relating to the National Statuary Hall, adopted at its last session, I at an early day appointed Hon. Solomon Foot and Hon. Justin S. Morrill, Commissioners to examine the subject, so far as it relates to this State, and to make report to the present session, with such facts and suggestions as would enable you to take definite action in the matter. After the death of Senator Foot, I appointed the Hon. George F. Edmunds, Commissioner to act with Mr. Morrill in the premises. A report may be expected from these gentlemen soon.

PARIS EXHIBITION.

I am advised that our State Geologist, Albert D. Hager, intends going to Europe next season, mainly for the purpose of learning more of the coal mines of Newcastle, the copper mines of Cornwall, the slate quarries of Wales, the silver mines of Germany, and the marble quarries of Italy. Should the Legislature authorize the Governor, without expense to the State, to commission Mr. Hager as State Agent to the Paris Exhibition in 1867, it would give him the benefit, in his travels in the rest of Europe, of those courtesies and facilities for obtaining all desirable information, which are sure to be extended to one being a commissioner from the United States, or from a state of the Union. The informa

tion gathered by Mr. Hager would undoubtedly be of value in the development of the mineral wealth of this State.

UNITED STATES SENATORS.

The last Legislature adjourned on the 10th day of November, 1865, at 8 o'clock A. M. Within an hour afterwards intelligence was received that Hon. Jacob Collamer, Senator from this State in the Congress of the United States, died at his residence in Woodstock during the preceding night. Was the vacancy thus created one which it was the duty of the Governor of the State to fill? I at once submitted the question to the Judges of the Supreme Court, who, after consideration, gave me their opinion in writing, holding that the facts, as above stated, constituted such a vacancy as the Constitution made it the duty of the Governor to fill. Subsequently, on the 21st day of November, 1865, I appointed Hon, Luke P. Poland, of St. Johnsbury, a Senator from this State in the Congress of the United States, to fill the aforesaid vacancy until the next meeting of the General Assembly of this State.

On the 28th day of March last, Hon. Solomon Foot, Senator from this State in the Congress of the United States, died at Washington, in the District of Columbia. On the 3d day of April, 1866, I filled the vacancy thus occasioned, by appointing Hon. George F. Edmunds, of Burlington, Senator from this State in the Congress of the United States, until the meeting of the General Assembly of this State.

The loss of both her Senators within so brief a period, was a calamity unprecedented in the history of Vermontunprecedented in the history of any of her sister states. Their long experience and distinguished services, their rare ability and ripe wisdom, their tried and unfailing constancy to duty and fidelity to state and country, their Christian purity and nobility of character, had won for them the foremost rank in the councils of the nation. In the fullness of their great usefulness and influence, at a time when the needs of the nation cried out for their continuance among us, they were, by the decrees of an inscrutable but just Providence, called hence. Their loss seems irreparable. Vermont,

doubly honored by their lives, weeps over their fresh graves, and the nation mourns with her. The never-fading record of their lives remains a rich legacy to their State, a guiding

light upon the pathway of their successors, an inspiration to all.

JUDGES OF THE SUPREME COURT.

Hon. Luke P. Poland, having on the 21st day of November, 1865, received the appointment of United States Senator from this State, resigned the office of Chief Justice of the Supreme Court of Vermont, to which he had then recently been elected. The vacancy occasioned by this resignation, I on the 30th day of November, 1865, filled by appointing Hon. John Pierpoint, of Vergennes, to be Chief Justice of said Court until the then next meeting of the General Assembly. On the same day I also appointed, for the same period of time, Hon. James Barrett, of Woodstock, to be first Assistant Justice, Hon. Loyal C. Kellogg, of Rutland, to be second Assistant Justice, Hon. Asahel Peck, of Burlington, to be Third Assistant Justice, and Hon. William C. Wilson, of Bakersfield, to be Fourth Assistant Justice of said Court; thus leaving a vacancy in the office of Fifth Assistant Justice and on the same day I appointed Hon. Benjamin H. Steele, of Derby, Fifth Assistant Justice of said Court, to fill said vacancy until the meeting of the General Assembly.

STATE OF THE COUNTRY.

Since my last annual communication to the Legislature, the work of reconstructing and reorganizing the state and local governments, which, for more than four years, had been in rebellion against the federal authority, has largely engaged the attention of the executive and legislative departments of the General Government; and, as is both necessary and wise. in a republic in which the citizens are sovereign and the source of all power, this work has commanded the interested and intelligent observation and criticism of the whole people of the country.

Unhappily for the best solution of this problem of reorganization, the national executive and the national legislature have not been in accord in their views of the best method of restoring these insurgent communities to their true relations to the federal Government; and the work has thereby been much delayed, the difficulties which environ it have been much increased, and the southern communities have become much more hostile than at first to the demands of that wise policy which would render "treason odious," obtain

ample security for the future, and enable the Government to redeem every pledge it has made to its creditors, to its friends, and to the race which it has emancipated.

The executive branch of the Government, having inaugurated the work of reorganizing the rebellious states without seeking the advice or co-operation of Congress, has continued to insist upon its exclusive control of the work, and has denied to the legislative branch of the Government any share in the determination of the status of the insurgent communities, or the conditions of their restoration; and while denying to Congress all right to judge of the completeness of this work of reorganization, it has conceded only the right of each House to judge of the elections, returns and qualifications of its own members. This policy assumes that the Executive has the sole right to reconstruct, reorganize and restore to their former condition in the Government, the people, communities and states which have waged a gigantic war against that Government; and it insists, with emphatic iteration, that Congress, by refusing to recognize the executive reconstruction as just, safe, complete and constitutional, and at once admitting to seats in the Senate and House of Representatives persons claiming to be elected by states thus reorganized, is assuming functions which do not belong to it, infracting the Constitution, and attempting, with a guilt equal to that of the rebellion, to dismember the Union.

On the assembling of Congress in December last, and throughout its last session, that body claimed for itself the constitutional right to examine this work of reconstruction, and judge both of its conditions and completeness. After a careful and prolonged investigation, through its joint committee on reconstruction, of the condition of the states lately in rebellion, the disposition of their inhabitants, and the workings and results of the executive method of reorganization, it was fully satisfied that the political and civil power in those states was, in almost every instance, placed in the hands of those who, during the rebellion, were either active in their hostility to the national Government, or gave aid and comfort to its enemies; while it was apparent that, without further conditions than the executive plan proposed, those who had been during the rebellion the bitterest enemies of the national authority, would have the unchecked and entire political control of those states in the future, and would use