from which it will be seen that the agricultural productions of the United States so greatly exceed any domestic demand for consumption that the very idea of creating a home market is absurd. The surplus of the State of Ohio will more than supply the deficit in all the manufacturing states. What then is to become of the surplus of other states? The whole country being taxed to create this market a corresponding advantage ought at least to be shown. What then is that advantage? Does the farmer's produce bring more? No, because the supply at home being greater than the demand, its price is determined by what it will bring abroad. Indeed no substantial advan tage to the nation can be derived from a market so limited that a single state will furnish a full supply. It would be idle to talk of an increase of manufacturers sufficient to consume the surplus produce of the country. In such an event where would their fabrics find a imarket? At home, thedemand would bear no proportion to the supply and abroad, others would undersell.

The price of our wheat is not increased by a protective tariff-it will not bring a farthing more in the market, and yet for all manufactured articles we pay an additional price. The price of this great staple of the West at this moment is, and for all time past, has been fixed by foreign demand; and no doubt, will be so fixed for all time to come. The domestic demand has scarcely ever, had a perceptible influence upon its value. And the very object of a protective tariff is to increase the price of manufactures. The protection to the manufacturer is a protection against low prices; and the excess of price obtained by reason of a protective tariff is a tax upon other classes.

The Supreme Court of the United States, at its last session, deci ded that a state cannot pass retrospective acts injuriously affecting the existing rights and relations of debtor and creditor. That clause. of the federal constitution which prohibits a state from passing any law impairing the obligations of contracts, has been construed to restrain a state from so far changing the nature and extent of the remedy, upon existing contracts as thereby to impair the rights and interests of a creditor. While it is conceded that whatever belongs exclusively to the remedy may be altered according to the will of the state, yet it is held the alteration must not impair the obligation of

the contract. That effect can be produced as well by acting upon the remedy as upon the contract, for the interests of the creditor will be equally injured, whether his remedy be rendered ineffectual, or the contract itself annulled. A state may proper'y regulate the pro ‘eedings in its courts-it may extend or shorten the time given for filing pleas or making defence-it may adopt a statute of limitations-it may exempt from execution a number of articles of prime necessity, but it cannot abrogate a contract nor take away the remedy for enforcing it, nor so impair that remedy as to destroy its efficiency in se. curing vested rights.

Aside from constitutional considerations, laws retrospective in their character, and, unjustly affecting the rights of parties to antecedent contracts, are destructive of the best interests of society, because by the invasion of private rights, they weaken existing moral obligations. Government is designed to protect each individual in the enjoyment of what his labor has earned, and when it interferes in the business of the citizen, it departs from its legitimate sphere.

Stay laws, stop laws, suspension laws and relief laws are impolitic, unjust, and immoral in their tendency. They are adopted as temporising measures to ward off threatening evils, consequent upon our own improvidence, and yet they ever fail to effect the object design ed. If they give relief to one class they bring distress upon anoth er. If they enable one man to avoid the payment of his just debts, they at the same time deprive another of his vested rights. Besides, almost every person in society occupies the double relation of debtor and creditor; and as debtor, he cannot discharge his own obligations, because, as creditor, he is unable to enforce the contracts made in his favor on which he relies for resource.

All acts and parts of ac's, retrospective in their character, and intended when passed to affect past contracts, so far as they come within the decision referred to, should be repealed; but so far as such acts were designed to be prospective and to affect future contracts only, and are therefore constitutional, although impolitic and unwise, they should not be repealed with blind and inconsiderate haste. Should you be of opinion that their modification or repeal is required, it will be a proper subject of inquiry at what future time such modification or repeal may best take effect consistent with public good

A reasonable amount of property, consisting of the most needful articles, should be secured to each family in the state, exempt from execution. A difference of opinion may well exist as to the limit to which exemptions may be extended. It would be better to err on the liberal side and exempt too much, than too little. All property, beyond such exemptions, I have no doubt, should be subject to pay the debts of its owner.

The reports of the adjutant general and of the quarter master general, will be laid before you at an early day. The whole number of the militia of the state, including officers and privates, is 50,428, of which authentic aeturns have been made to the general government, in order to obtain our quota of the arms annually distributed. During the last year, arms, equal to 1,565 muskets, and estimated at about $20,000, have been received from the ordnance department of the general government. The report of the quarter master general will show the manner in which a portion of them have been distributed, and the quantity still remaining on hand. Previous to the last year, Michigan had not received its quota since the Indian disturbance in 1832, when a quantity of arms, equal to 1,054 muskets, having been supplied from the arsenal at Dearborn to the militia mustered into the service of the United States, and not having been returned, was charged against the then territory, and ordered to be deducted from future apportionments. This charge has been set aside by order of the war department, and the arms furnished to the state. But for the imperfect organization of the militia since 1832, and the consequent impossibility of making accurate returns, the apportionment of arms since that time would have greatly exceeded the amount actually received.

The constitution of this state, as well as that of the United States, contemplates and requires an efficient organization of the militia. The laws of this state, on that subject, were mostly passed by the legislative council, under a territorial government; and, from their obscurity and inapplicability, do not afford to either officer or soldier a sufficient guide in the discharge of his duty. The attention of the legislature has frequently been called to the subject, but, from a difference of opinion, little or nothing has been done. The inefficiency of the existing laws has not been called in question, and the post

ponement of their revision has been caused wholly by attendant diffculties, which, I fear, have not yet been altogether removed. But the constitutioual requirement will, I hope, induce you to take the subject under consideration, and, if you do not deem it advisable to adopt a new and more efficient system, that you will, at least, digest and perfect the details of that now in force.

The reports of the inspectors and agent of the state prison will acquaint you with the condition of that institution. During the year ending on the 31st day of October last, forty-three convicts were received, being seven less than during the preceding year. Since the last annual report one has died, three have escaped, eight have been pardoned, and twenty-four discharged by expiration of sentence. The number of prisoners remaining is 94. The whole value of the labor of the convicts is estimated at $10,346 56, being an excess of $2,346 56 above the amount drawn from the treasury. The earnings of the convicts have been applied to the construction of the prison and in rebuilding the principal work shop which was destroyed by fire during the season. The inspectors make favorable report of the management of the prison and speak in approving terms of the manner in which the duties of the agent and his subordinates are discharged. The inspectors also suggest the propriety of adopt ing measures that will prevent a competition between convict and free labor. While at present such competition does not exist to an injurious extent, they anticipate the time when the improvements in progress being completed and the number of prisoners increased, a large amount of articles manufactured in the prison will be offered at prices less than the honest mechanic can afford, and advise that such a direction be now given to convict labor as will prevent a competition thus unequal and ruinous. The recommendation of the inspectors is well worthy and, I doubt not, will receive your careful consideration and, so far as consistent with the interest of the state, I have no hesitation in advising its adoption.

The geological and topographical survey of the state has, during the past year, been steadily progressing towards completion. With the exception of a small amount of labor in the field the work has chiefly consisted in arranging and compiling, for the final report, the

large amount of materials on hand, and in drafting the state and county maps directed by the legislature to be published. That portion of the work relating to the lower peninsula is nearly completed, but much of that relating to the upper peninsula yet remains to be done.

In addition to its legitimate duties this department has, by the direction of the legislature, furnished the state land office with the township maps required for its use.

The state and county maps, directed to be published, have nearly all been drafted, and the state map together with the maps of fourteen counties have been placed in the hands of the engraver. The engraving of four of the county maps has been completed and the maps received. In consequence of delay in the engraving of the state and remaining county maps, they will not probably be receiv ed before the opening of navigation in the spring. The maps of the counties are prepared in pursuance of an act approved March 28, 1840; but it is respectfully suggested as worthy of your consideration whether under present circumstances their publication, in cases where the engraving has not been commenced, may not with propriety be suspended, as it is believed their sale will be limited, and the expense incurred must be defrayed mostly by the state, from a treasury that cannot well bear additional burdens.

It is desirable if it can be accomplished to take advantage of the surveys about to be carried forward by the United States, in the mineral district of the upper peninsula, for the purpose of perfecting the geological surveys in that district. If this can be effected it is believed that a more perfect geological map may be made, than is to be found in any other state and that without any additional expense.

A part of the final report of the State Geologist will be ready for publication during the present year and an appropriation will be required for that purpose.

The report of the Board of Internal Improvement will bring you acquainted with the progress made in the construction of public works, the amount of income received, and their condition generally. The disadvantage consequent upon the inability of the state to pay ready money for work and materials, is felt with full force at every step.If, therefore, the works have not advanced so rapidly towards comple