Whenever it was deemed at all proper, considering the crime committed, I have pardoned youths under the age of sixteen years, and, through the Wardens, have, in most instances, secured homes for them.

THE ACT OF 1885 TO ALLOW CONVICTS A CREDIT IN DIMINUTION OF SENTENCES.

This Act, chapter 15, extra session of the Legislature of 1885, applies, apparently, to past as well as to future sentences, and also gives certain powers of commutation to the Governor.

The sixth section provides that the Act shall not be obligatory upon the lessees until they agree, in writing, to accept its provisions as a part of their lease. This proviso appears to apply to the operation of the whole Act. In the case of Johnson vs. Warden Harris, not yet published, the Supreme Court held that this provision is valid, and that the Act cannot take effect until agreed to in writing by the lessees according to its terms. I had previously addressed a letter to the lessees, directing their attention to this Act, and particularly to the sixth section of the same. Their reply is to the effect that they are willing to agree to the provisions of the Act, provided that the State will agree to a fair credit in their favor to cover the losses they would sustain through their operation. This, I think, amounts to declining to agree, in writing, to accept the provisions mentioned; and so the Act, unless repealed, remains in abeyance until the expiration of the present lease. The correspondence is on file in the Executive Office.

THE NORTH CAROLINA BOUNDARY QUESTION.

In pursuance of the Act of March 28, 1885 (Chapter 80, page 159), looking to the running and establishment of the line between North Carolina and Tennessee from Indian Grave Gap to the point where the Jonesboro and Asheville (N. C.) road passes through the Bald Mountain, I opened correspondence with the Governor of North Carolina with a view to the

accomplishment of the object of the Act, and he appointed a commissioner on the part of that State, and May 17, 1886, was fixed as the day upon which to begin the running of the line. Some question having been made as to the interest of the North Carolina Commissioner in the boundary question, the Commissioners did not meet on the day set, and the matter was delayed until October 18, 1886, at which time the Commissioners appointed under the Act of March 28, 1885, and the new Commissioner on the part of North Carolina, met at Indian Grave Gap, and began the survey. No report has been received at this office signed by the Commissioner of North Carolina, but the report of the Tennessee Commissioners states that the line was run and marked a distance of 1,158 poles, and as far as the butt of the Unaka Mountain; but at this point and near Nolichucky River, the Commissioners divided, those on the part of Tennessee following a course three degrees east of south, and the North Carolina Commissioner following a southwesterly course, the two lines again uniting near the top of Little Bald Ridge, the remainder of the line being readily agreed upon and fixed. So it will be seen that the line is still in dispute from a point near the top of Little Bald to a point north of the Nolichucky River, a distance of some seven miles out of the eighteen surveyed, The disputed territory embraces 2,500 to 3,000 acres of land.

The report of the Commissioners and correspondence relating to this subject are herewith transmitted for your consideration and disposition.

THE VIRGINIA BOUNDARY QUESTION.

I transmit, also, a copy of a resolution passed by the Legislature of Virginia, at its last session, together with the accompanying communication from His Excelleney, the Governor of the Commonwealth of Virginia, looking to the establishment of the boundary line. This is a matter that has often occupied the attention of the legislative assemblies of Virginia, North Carolina and Tennessee.

In 1872, the General Assembly of the State of Tennessee, in response to a similar request on the part of Virginia, passed. Senate Joint Resolution No. 8 (Acts 1872, pages 55–7), in which the ground is taken that this boundary line had been finally established in 1803.

The matter is set forth at some length in the report of the "Joint Committee on the Boundary between the States of Tennessee and Virginia," of 1872, to which I respectfully refer for the information of the General Assembly, as to the matter in question. This report will be found in the House Journal, first extra session of 1872, pages 71-77. If it is to be understood that the State of Virginia now makes the same claim as that made in 1870 and 1871, it involves the jurisdiction over territory one mile in width adjoining the whole length of the present Virginia-Tennessee line, and over which this State has heretofore exercised jurisdiction, at least since 1803.

I respectfully suggest that it would not be advisable to disturb the amity which has so long existed between the two States by reopening this boundary question, especially as the line was solemnly fixed and established in 1803, upon principles of justice and equity, is well known and has been acquiesced in by the people for many years.

JUDICIARY.

Inasmuch as the Commissions of Referees have constituted a very important part of the judiciary of the State during the past two years, and (in the Middle Division of the State) have gone out of office by the expiration of their term of office, I deem it proper to say, that in consequence of the large number of cases on the Supreme Court docket, at Nashville, the Commissions of Referees for the Middle Division of the State, sitting at Nashville, could not complete the labors devolved on them by the 15th day of May, 1885, and, therefore, the Act approved April 4, 1885, chapter 94, was passed extending the term of office of the Referees for the Middle Division until the 1st day of May, 1886, provided the business referred to them should not be sooner finished.

My information is, that the Referees at Knoxville tried and reported on about 700 cases, and the Referees at Jackson 790 cases, and that they disposed of all cases on their respective dockets that came within the provisions of the Act creating the *Commission.

The Referees at Nashville tried and reported on 1,593 cases, but left untried 176, which, for want of time, they were not able to reach.

Of the reports of the Referees acted upon by the Supreme Court so far about 90 per cent. have been confirmed—a fit tribute to the efficiency and ability of the Referees.

PUBLIC SCHOOLS.

The annual report of the State Superintendent of Public Instruction, with statistical tables showing the condition of our public schools, will be furnished the Legislature in due time. This report shows the receipts and disbursements of public money for school purposes, the scholastic population of the State, the enrollment in school, and the average attendance of pupils, all of which show a gratifying improvement and steady advancement of our public school system. The total amount of school funds received from the State, counties and other sources, for the scholastic year ending June 30, 1886, was $1,409,835.32. These figures show an increase of $78,996.15 over the preceding year. This fund has been disbursed for salaries of teachers, school sites, buildings, repairs, fixtures, salary of County Superintendents and fees of District Clerks, to the amount of $1,092,459.80, leaving a balance on hand July 1, 1886, of $317,375.52. This is exclusive of a few counties, the reports of which are yet incomplete. The report shows our scholastic population, white and colored, for the year ending June 30, 1886, to have been 623,450, an increase over last year of 16,889. There have been erected during the year 273 school houses, at a total cost of $81,789, the greater part of which has been paid out of the school fund (the title to which is in the

State). A noticeable indication of progress is seen in the reports of institutes held by the State Superintendent, as well as those held by County Superintendents for the benefit of teachers. These reports show a great interest on the part of teachers attending the institutes, and earnest encouragement by the people where they were held. These institutes are doing much to elevate the standard of teaching by the opportunity offered teachers to improve their method of imparting instruction. In this institute work the State Superintendent has drawn around him some of the best teaching talent in the State. The practical utility of this work is now universally conceded, and I suggest the propriety of its encouragement by the Legislature in such a substantial form as to make it still more efficient. I deem it but just to commend in the highest terms the success which has attended the efforts of Superintendent Thomas H. Paine in the practical organization and successful operation of all the branches of his department.

STATE BOARD OF EDUCATION AND NORMAL
COLLEGE.

A very important feature of our public school system is the provision for training teachers. In this respect it is safe to say that Tennessee is quite up with, if not in advance of, many of the sister States.

For white pupils, by an expenditure of ten thousand dollars per annum on the part of the State, one of the most celebrated Normal Colleges in America bears the name of Tennessee. This is effected by a wise combination with the University of Nashville and the Peabody Education Fund. The Trustees of the latter look forward to establishing in the Capital of Tennessee a grand Normal College for the South, under local control. The Normal training of colored teachers is provided for by an appropriation of thirty-three hundred dollars per annum. This educates sixty-six pupils yearly, who select the institution they desire to attend from a list authorized by the State Board of Education.

This Board also ordains the rules under which

a