the Corps of Engineers in charge of this work to strong suspicions of consulting their own rather than the public interest; with a view doubtless of removing, as far as possible, all temptation from the agents of the State engaged in the prosecution of the work, as early as December, 1838, an act was passed, prescribing an additional oath to be taken by the Superintendent, Commissioners, Chief and Assistant Engineers, by which these officers are prevented from purchasing any real estate or interest therein within three miles of the Road. Whatever may have been the necessity at that time for such restrictions, it will be admitted none such now exist; the Road is located; the public cannot be made to yield to private interests; and the disabilities under which this class of officers are placed, are not called for by any corresponding good to the public. Restrictions to the full exercise of a citizen's equal rights should be cautiously and seldom if ever adopted, and the reason for this provision of law having long since ceased, it is recommended that it be repealed.
By reference to the Report of the Chief Engineer, it will be seen that, from the papers on file in his office, the right of way for the State Road through about two hundred tracts of land has not been obtained. It is to be regretted that early steps were not taken to secure this object, as it is apparent the delay has greatly multiplied and increased the difficulty of its accomplishment. Of this number, one hundred and sixty-eight are in this State, the balance in Tennessee. Under the existing law, except in cases where the amount of damage is agreed upon by the Chief Engineer and claimant, there is no authority or fund provided for its payment; and as a large majority of the cases are most likely to be accommodated by a submission to referees, as now provided by law, authority should be given the Chiet Engineer to make such payments out of the proceeds of the Road, or a specific sum appropriated irom the Treasury for that purpose.
From the Report of the Principal Keeper of the Penitentiary, which will be transmitted, it will be seen that the balance in favor of profit, from the 3d Jan., 1848, to the close of the fiscal year, is stated to be $21,353 59. This fact is the best evidence of the ability with which the Institution has been managed. Great attention has been paid to strict economy, and no expenditure of money has been made not absolutely required. Though it was not anticipated, I apprehend, in substituting Penitentiary punishment for the pillory and whipping post, that convicl labor would prove a source of income, yet it must be gratifying to know, that under ordinary circumstances, its affairs may be conducted so as to prevent it from being a charge upon the State. For the last two years this has been done, and the
