feelings, and not unfrequently by bad advisers, violate the criminal law;—these, on reaching the inside of the prison wall, are made the equals of the black-hearted robber, the contemptible thief, and the more dangerous character still, who combines the two with talent, cunning, daring, boldness, and a large amount of hypocrisy, that readily adapts itself to the lacerated feelings and deep mortification of the more honorable. The effect of such associations is easily foreseen. In this point of view, I have no doubt our whole system, is radically wrong; there should be an entire separation of the different classes of offenders.
The present system of working all the convicts together, and placing them in all respects upon the same footing, without any power on the part of the Principal Kefeper to discriminate, exerts, in my judgment, on many, and especially young men, a hurtful influence. These suggestions are submitted with great deference to the sound and searching investigation of the Legislature—it will be for you to determine, whether the benefits reasonably to be anticipated from the change, will justify the greatly increased expense, that would necessarily result from its adoption.
I cannot too earnestly impress upon you the necessity of a thorough, investigation of the affairs of the Penitentiary with a view that its present and past management, may be laid before the country, and even-handed justice done to all who may have been or are now connected with it.
The last Legislature passed an act declaring certain lands in the county of Ware forfeited to the State, and provided for disposing of the same. By the provisions of the Statute the lands sold under an act of the General Assembly, passed 23rd December 1833, and which were not paid for and granted at the passage of the law were declared to be forfeited. If the power be conceded to the Legislature to rescind at pleasure a contract made with her citizens for the purchase of lands, without previous notice of such intention, still as the act in question is the only instance recollected where the power has been exercised, it was apprehended any attempt to carry out the provisions of the law, would have involved the State in expensive litigation in all that class of cases where the entire purchase money had been paid. The responsibility was assumed of allowing the owners lo come forward within a reasonable lime, and by paying into the Treasury the usual fee to obtain grants. By the adoption of this policy, so uniformly observed by the Slate in reference to the granting of public lands, the receipts into the Treasury were suddenly increased, and an act of justice done the purchasers, and much litigation avoided, that would have resulted, as it is believed prejudicial to the Stale. A small portion of this class of cases were not granted within the time prescribed by the
