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Broome Republican. (Binghamton, N.Y.) 1822-1862, January 09, 1850, Image 1

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WILI2AS SllJiRT, EDITOR. V O F F IC E N O . 11 F R A N & L I N -ST R E E T , SECOND STOkY. : « __________ # I EDWIN T. EVANS. 1TUL1S1IK OB0* VOLUME. 28. BINGHAMTON, BROOME COUNTY, N. Y. WEDNESDAY, JANUARY 9, 1850. NUMBER Fellow C itizens o f the Senate a n d Assem b ly : I n a r e v iew o f t h e condition o f th e S ta te , d u r in g th e y e a r w h ich h a s j u s t c losed, w h ile th e r e are m a n y ■causes o f ab u n d a n t th a n k f u ln e s s , i t is not p e r m itted lo m e to in d u lg e in c o n g r a t u l a t i o n s upon tlie co n tln - uance, to us as a people, o f th e blessings o f g e n e r a l p u b lic h e a l t h . T h e sovereign R u l e r o f th e u n iv e r s e , in H is\w isdom , h a s seen fit d u r in g the p a s t season, to v isit m a n y p o r tio n s o f th e S t a t e w ith a m a lig n a n t d isease, w h ich h a s sw e p t aw a y th o u s a n d s o f our fellow citizens. YVe h a v e en jo y e d to o m a n y o f t h e blessings w h ich a b o u n tifu l P r o v id e n c e h a s v o u c h ­ safed to u s , n o t to su b m it w ith resig n a tio n , to su c h d isp e n s a tio n s a s H is w ise purposes m a y b r i n g u p o n u s , a n d w c m a y now , w i t h r e a s o n , b e t h a n k f u l th a t -th e sco u rg e h a s ce a s e d to e x i s t w ith in our S t a t e . T h e progress an d th e ra v a g e s o f th is m y s terious * d ise a s e , s u g g e s t th e n e c e s s ity o f t h e e x e r c ise o f y o u r ; d u tie s a s th e g u a r d ia n s o f th e public h e a l t h to i n t e r - |TK»se, so f a r a s h u m a n ag e n c y m a y av a il, w h a tev e r le g isla tiv e en a c tm e n ts m a y h e efficient to g u a d a g a i n s t t h e r e - a p p e a r a n c e o f t h is p e s tilen c e , to inves­ tig a t e its h isto r y , a n d its n a t u r e , a n d in th e ev e n t of its re t u r n , to m i t i g a t e its severity. U p o n th e o u tb r e a k o f t h e A s ia tic C b o lera w ith in o u r S t a t e , i n p u r s u a n c e o f th e a u t h o r i ty conferred by a n a c t o f the_ L e g islaterd , p a s s e d a t th e la s t session, 1 issu e d 'a p r o c la m a t io n on t h e 5 th d a y o f ’T u n e l a s t , rev iv in g a n d c o n t i n u i n g in force for o n e y e a r from th a t d a te, t h e “ A c t for tho p r e s e r v a tio n o f t h e public health,*’ passed J u n e 22, 1832. U n d e r th i s a c t, b o a r d s o f h e a l t h w e re o r g a n iz e d in v a r io u s p a r t s , if n o t th r o u g h o u t the S t a t e , a n d the sa n a tiv e a n d p r e ­ c a u t i o n a r y pow e rs conferred by the a c t h a v e beon fo u n d efficacious in r e m o v ing m a n y o f those causes w h i c h h a v e been supposed to a t t r a c t an d to fix this ■disease, w h o s e n a t u r e an d w h o se co u r s e have been so su b tile, so m y s terio u s , an d so e r r a ti c as to baffle t h e in v e s tig a tio n s o f science. It is now n e a r l y eig h teen y e a r s sin c e i t m a d e its firs t appearance on t h i s c o n t in e n t . W i t h i n th a t pe­ r i o d i t has th r e e tim e s o v e r s p r e a d t h e w h o le b r e a d th •of th e l a n d , a n d w h ile i t h a s claim e d i t s th o u s a n d s u p o n th o u s a n d s d f v ictim s , m u c h r e m a ins to be le a r n e d o f its n a t u r e , i t s o r ig in , its co u r s e , or its p r o p e r tre a tm e n t. T h e d e v o tio n o f m e d ical m e n to th e ca u s e o f h u m a n i t y , a n d t h e i r f r e q u e n t g r a tu ito u s a t t e n t i o n , a n d c o n s ta n t self s a c r if icin g p r iv a tio n s for th e a llev iatio n o f h u m a n |u f f c r i n g , precludes t h e id e a t h a t th e con tin u e d ab s e n c e o f ac c u r a te an d of ac ­ k n o w ledged in f o r m a tio n , is th e r e s u lt o f a n y w a n t of sk ill or o f a t te n t io n on t h e i r p a r t, ft proceeds r a t h e r fro m th e w a n t o f a n a c c u rate com b ination o f reliab e facts, within the experience of the individual mem­ b e r s o f t h e m e d ical profession. N o su b ject m o re u n iv e rsally affects all classes, a n d a l l m e m b e r s o f th e co m m u n ity , th a n th a t o f th e p u b lic h e a l t h I th e r e f o r e e a r n e s tl y req u e s t your atte n t io n to th e e x i s t i n g law s on t h i s su b ject, an d suggest th e p r o p r iety o f th e i r careful review and amendment, especially w ith a v iew to secure th e b e n e f it o f th e co m b in e d experience of scientific and le a r n e d m e n , th r o u g h o u t th e S t a t e , w ith resp e c t to th e o r ig in , t h e causes, the progress an d th e tre a t ­ m e n t o f a l l m a lig n a n t or infectious diseases. i i w ill al-:o becom e im p o r ta n t to co n s id e r th e m a w c r s g r a n t e d to t h e m u n icip a l an d local au th o r i- sties fo r ° t h e p r e v e n tio n and rem o v a l of n u isa n c e s , ; a n f i i f o r the p r o h ib itio n o f offensive an d deleterious .o c c u p a tio n s , w ith i n th i c k l y in h a b ite d d istric is.— T h e s e p o w e r s req u ir e en larg e m e n t, and should be con ferred p e r m a n e n tl y . It is by no m e a n s im p roba­ b l e ith a t th e ep i d e m i c w h ich h a s la tely v isite d u s m a y .re tu r n . I n th i s event, th e s e pow ers m a y be essential to -m itigate t h e sev e r ity o f th e v isita t io n . — I h a v e been in f o r m e d t h a t th e a c t o f the l a s t s e ssion a u t h o r i z in g t h e r e v iv a l o f th e a c t o f 1832, bas been ju d ic ia lly d e c lare d to b e u n c o n s titu t io n a l. T h i s dociston m a y re n d e r necessary a confirm a tion o f the various im p o r ta n t sa n a tiv e reg u la tio n s enforced in different parts o f the State, as well as a new grant Of pow e r, un d e r w h ich th e y m a y be exercised, w i t h ­ o u t th e objection ■which is u n d e r s to o d to h a v e been m a d e to th e form i n w h ic h the a c t o f the la s t w intor ■proposed to con fer'them. I t m a v also be w e ll to co n s id e r w h e th e r th e tim e has not arrived, when the State is called upon to. •contribute aid more'efficiently than it has hither­ to done, to ad v a n c e the cause of M e d ical E d u c a ■tion. Every inhabitant of the State, at some time -or othor feels ih^ need ol the physician, ancl is in­ terested that he suoold he learned and skilful. T h e rep o r ts o f the (. om p troller, an d o f th e C o m ­ m issioners o f the C a n a l 2* u n d , w ill h e sh o r tly la id b e f o r e yo u , a n d w ill p r e s e n t tn d e t a il a s t a t e m e n t of th e fin a n c ial co n d itio n o f t b e S t a t e , a n d w ill e x h i b it m o s t g r a t i f y i n g evidences o f t h e public confidence in th e c r e d i t o f th e S tato , a n d ft.' t h e m a n a g e m e n t of. its financial concerns. I refer yt?u fo th e s e rep o r ts i fo r d e tails a n d f o r p a r ticu lar s ta te m e n ts. A t the close of tho fiscal year, ending on the 30th o f S e p tem b e r last, t h e G e n e ral F u n d D t b t am o u n ted to §6.389.693 32 T h e C a n a l D e b t, 16,50J.3-15 67 T o t a l ‘ d i r e c t ’ D e b t, 822,895,033 99 Toward the payment of which debt there was on h a n d : , „ , „ , A surplus of the General Fund Debt S i n k i n g F u n d , o f $13,515 16 A surplus o f th e C a n a l F u n d D e b t S in k in g F u n d o f 200,877 01 $214,39-2 17 In c l u d i n g i n t h e am o u n t o f C a n a l D e b t above s tat- •ed is th e sum o f $90,822, w h ic h w a s payable p r io r to th e close o f t h e fisca l'y e a r , b u t h a d n o t th e n been p r e s e n te d for r e d e m p tio n . T h e in te r e s t on t h i s had ■ceased fro m th e tim e w h e n it becam e pay a b le ; th e fu n d s for i t s r e d e m p tio n b e in g on h a n d aw a i in g the c a l l o f th e holders o f th e S to c k . S ince th e close of th e fiscal y e a r , .§77,917 of t h i s am o u n t h a v e been re ­ d e e m e d . T h e revenue o f the G e n e r a l F u n d , exclusive of th e a n n u a l a p p r o p r i a t i o n o f $200,000 f r o m th e s u r ­ plus C a n a r revenues, made by the Constitution, and in c lu d in g a te m p o r a r y lo a n to the T r e a s u r y o f f 15- 000, w a s 879-2,451 69 T h e C a n a l revenues were, 3,442 906 62 Aggregate revenue, $4,235,353 31 The payments on account o f the General Fund during the' year, amounted to $842,228 49, leaving a surplus of the revenue on hand, on 30th September, o f $ 1 1 3 ,279 22. T h e p a y m e n t s o u t o f t h e C a n a l r e v e n u e s w o r e : 1. Expenses of collection, superintendence and ordi­ nary repairs . $685,803 91 2. Appropriations made by article 7 of the Constitution, toward the Sink­ ing Funds, and to defray the neees- eary expenses of the Government, 1,S50,000 00 Total payment, $2,535,803 91 This amount of payments deducted from the Ca­ nal revenues of the year, leaves the sum of $907,102- 71 app’icable to the completion of the Erie Canal Enlargement, the Genessce Yalley and Black River Canals. Notwithstanding the prevalence, during nearly the Whole of the past season, o f an epidemic disease, which greatly interrupted all commercial business, ‘and. diminished the amount of transportation on the eanals, the receipts from tolls, &c during the rast year show an increase of nearly §225,000 over the •receipts from thesame source during the preceding '-year ; while the fact that the canals were in ex­ cellent condition, and that the expenses of collec­ tion. superintendence and ordinary repairs are near­ ly $170,000 le 3 s than during the preceding year, is strong evidence of the economy, skill, and good man­ agement which have been infused into this depart­ ment o f the public service, under the direction of the Commissioners ih charge during the year. The General Fund Debt exceeds the amount stat­ ed last year, by the sum of $100,000 $385,000 of this amount constitute the sum directed by chapter 225 of th e la w s o f th e last s e ssion, to be p a id t o th e use of-the Canal Fund, to repay the principal and interest o f the amount stated to have been paid from the Canal Fund to the General Fund after the first oi Tune, 1846, bcvo,?d tho amount limited by the Con­ stitution. The obie«J j Cl au 'u’n° ,',c\ ° . an adjustment between the payment. Was to effect * n J..heir respective actu- twofunds, m o raerto conto m , j h thc Constitu- sA amounts to the amendments w‘* . anj which *ion made tn the previously existn. - « ]g4g aJ_ ^amendments related back to the 1 st •’ .. .„auentiy (though not adopted until some months t-or- - T he remaining $15,000 of the above sum, \ ^ , ^ 4 9 yowed in pursuance of chapter 188 of the laws Cr 5 for the building oi the State Arsenal, and is to i>'“ '.c' } im b u r s c d from th e avails of th e sale o f t h e l a n d *n 1 the city of New York heretofore eceupied for the Ar- •SOnal* , _ , „ , t - , . 'The annual interest on the General 1’ und Debt, htotv amounts to $354,829 8 6 , while the annual a- •motlrft s e t apart by the Constitution from the surplus reveriiie of the canals, as a Sinking Fund to be applied to the^tnrytaent of tho Interest and principal of this 'befit, is biit $350,000 5 showing a deficiency to meet 'th e Interest in 'e a c h year from this appropriation of 4 8 2 9 86 , which must be paid out of the revenues of 'th e F u n d -: th r o w in g a n o t h e r b u r th e n upon t h e F u n d , •and presenting a strong admonition for the necessity ■of E conom y an d discretion in th e am o u n ts an d ob- •jectc Of Legislative appropriations. W i t h prudence in this respect,the revenues of the Fund, itis thought, Will be fully adequate to meet the current and legiti­ mate drafts upon them. O f the Canal Debt, $3,140,819 34 will become due \ p r io r t o J a n u a r y , 1 8 5 6 . T h e a v a i l s o f t h e C a n a l Debt Sinking Fund will he sufficient to meet this a- mount. es the surplus for the years 1851 and 1852-can bearraaged tomeet the loansfallingdrie m 1851, and HO further loan on the credit of the Fund will be re­ paired to meet the stocks now outstanding until the 1 st January, J856, when 4,000,000 will become due. ©nr the 1st of July last, $2,149,000 of the Canal Ttebt fell due, all of which with the exception of Hi&f O 00, bore interest at seven per cent. The appro- f ^ riitibhs made by the Constitution Irom the surplus revenues ofthe ,Canals to the Sinking Fund, not be- in* sufficient to retire the Canal Debt a s f a s t as it falls- due the 6 th section of the-7th article of the C/mirtitutiOn, authorizes loans upon the credit of Uhc S i n S Ftin'd for this-purpose. In pursuance bfth i^M ^ fl^T r jr tajw d e r £hapter:216 o f - * * laws sic 7 o f the Constitution, an d r o pursuance o f ch a p ter 228 o f th e la w r o f 1849, to tho a m o u n t o f $50,000 for e x t r a o r d i n a r y can a l rep a ir s . A n d a f u r ­ th e r loan has a lso been n e g o t ia t e d on t h e c r e d i t o f th e S i n k i n g F u n d , u n d e r ch a p ter 232, o f th e law s o f 1849, f o r th e purpose o f d i s c h a r g i n g th e claim s a g a i n s t the S ta te for dam a g e s a n d aw a r d s due p r io r to 1st J u n e , 184 6 ,- w h ich , alth o u g h n o t th e n liquid­ a t e d , c o n s titu ted a p a r t o f th e C a n a l D e b t a t th a t d a te, fo r th e p a y m e n t o f w h ich th e 1st section o f article 7 o f th e C o n s titu tio n c r e a t e s the S in k in g F u n d . T h e s e s e v e ral loans b e a r in t e r e s t a t six p e r ce n t., an d it m a y be r e m a rk e d , w ith ju s t p r id e a n d s a tisfac­ tio n , in co n tem p latjn g * th e h ig h credit o f the S t a t e , th a t th e s e loans, ru n n in g fo r fifteen and sixteen y e a r s , respectively, h a v e yielded a n av e r a g e premium o f 11 70-100 p e r cent. A law passed l a s t w i n t e r , au th o rized th e b o r r o w ­ in g o f a sum o f m o n e y to r e p a y to the c ity o f A lb a n y c e r t a i n expenses in c u r r e d for e x c a v a tin g a n d clean ­ in g o u t th e b a s in , o p p o s ite to t h a t c i ty , a t th e te r m i­ n a tio n o f th e E r i e an d Champlain canals. T h e ne­ c e s s i t y fo r b o r r o w in g th i s m o n e y , w ill bo o b v iated, if th e L e g islatu r e shall th in k p r o p e r to d i r e c t the ap p licatio n to th e rep a y m e n t contem p lated b y th e ac t referred to , o f t h e prem ium s received on t h e loan of $ 1 ,739,024 76 effected last su m m e r , w h ich am o u n t to §297.954 56. T h e E n la r g e m e n t o f the E r i e C a n a l, an d tho com ­ pletion o f B lack R i v e r an d G e n e see V a ll e y C a n a ls , a r e p r o g r e s s in g as r a p id ly a s consists w ith the lim it­ ed ap p r o p r iatio n s for those objects u n d e r th e C o n s ti­ tution. In the s p r in g o f 1850,122 6-10 m iles o f t h e e n l a r g e d E r i e C a n a l, an d 415 en larg e d stru c tu r e s w ill be in use ; b e in g an ad d itio n p f 13 m iles, an d o f 47 s tr u c tu r e s d u r in g th e y e a r . O f the B lack R i v e r C a n a l, 34 m iles are fin ish e d , au d read y fo r n a v ig a tio n , and w ill be opened f o r U3e with the other canals next spring. O f t h e G e n e s e e V a lley C a n a l, 36 m iles b e y o n d its present t e r m in a ti o n , a r c in such s t a t e o f f o r w a r d n e s s th a t they ca n be b r o u g h t into use in the cou r s e o f th e next season. T h e appro p r iatio n m a d e by the l a s t L e g islatu r e f o r im p roving the upper w a ters of th e H u a s a n H ivcr, h a s been ju d ic io u s ly applied, and will have th e ef- -fect o f o p e n ing new trib u taries o f revenue to th e C h a m p lain C a n a l, as w e ll a s new ch a n n e ls of ap­ p r o a c h to a larg e and h i t h e r t o secluded r e g io n , r ich in the p r o d u c ts • f th e m in e s an d the forest, an d w h ic h , u n til recently, had receiv e d b u t l i t t l e i f an y a i d from the S ta te to w a r d t h e developm e n t o f its r e ­ sources. T h e co n d itio n , on 80th S e p tem b e r laat, o f the th r e e funds w h o s e revenues a r e applied to purposes of e d u c a tio n , w a s as follow s:— C o m . School F u n d , C a p ita l, $2,243,563 36, R e v e ­ n u e , 284,903 76, P a y m e n ts, 244,407 14. L i t e r a t u r e F u n d , C a p ital, 265,966 78, R e v e n u e , 42,039 96, P a y ­ m e n ts, 43,436 64. LT. S . D e p o site F u n d , C a p ital, 4,014,520 71, R e v e n u e , 256,934 93, P a y m e n ts, 264,- 602 58. T h e adoption by th e P e o p le .a t the la s t an n u a l electio n , o f t h e act to establish F r e e S c h o o ls th r o ’- o u t the S t a t e , w ill effect a m o s t im p o r tan t change in th e system o f C o m m o n S c h o o l E d u c a tio n . U n d e r th is la w , t h e C o m • on Schools are to be free to all persons o v e r five and u n d e r tw e n ty - o n e y e a r s of age. On th e first day o f J u ly la s t , there w e re 11,191 o r g a ­ nized S c h o o l D istric ts in th e S ta te ; b e in g an in ­ crease o f 570 o v e r th e num b e r r e p o r ted l a s t year ; an d the n u m b e r o f ch ild r e n ta u g h t in the C o m m o n S c h o o ls d u r in g th e y e a r , w a s 778,309, b e in g an in ­ crease o f 2,586 over th e p r e c e d in g year. T h e r e are 1893 u n in c o r p o r a ted an d p r iv a t e schools in th e S tate , co m p risin g 72,785 p u p ils. T h e a g g r e g a te am o u n t o f public m o n e y received by th e several C o m m o n School d istric ts, from all sources, d u r in g the y e a r , w a s $846,710 45. O f this sum , 625,456 69 have been ap­ portioned fo r the p a y m e n t o f te a c h e r ’s w a g e s. In ad d itio n to w h ich, 489,69663 w e r e raised in th e sev­ era l d istricts on r a t e bills for th e sam e o b j e c t , m a k ­ in g an ag g r e g a te o f 1,143,401 16 expended for teach­ ers’ w a g e s d u r in g th e y e a r ending 1st Ja n u a r y , 1849. T h e w h o le num b e r o f volum e s in tho D istric t L i ­ b r a r ies, ia 1,409,154 , 70,306 volum e s h a v i n s been p u r c h a s e d d u r in g the y e a r , an d $93,104 82 h a v in g b e e n e x p e n d e d fo r D istrict L i b r a r i e s a n d S c h o o l A p paratus. O f th e schools before m e n tioned, 35 are for colored children, in w h ich upw a rds o f 4000 children have b e e n t a u g h t , a t an a g g r e g a t e ex p e n s e o f 5.016 5 7 ; of which 2,149 60 were contributed on rate bills by ’ h o se s e n d ing th e ch ild r e n to school. C o n s id e r in g the usually v e r y lim ite d means ef our colored p o p u ­ lation, th is largo proportionate contribution voiur,u.- rily paid by th e m , show s a m o s t c o m m e n d a b le desire, on tlieir part, to secure to their children tho benefits o f e d u c a tio n . T h e rep o r t o f th c S u p e r in te n d e n t o f C o m m o n S c h o o ls, w ill probably su g g e s t s o m e am e n d m e n ts to he m a d e to th e e x i s tin g la w s . I tru s t t h a t th e y w ill be such as w ill com m e n d th e m s e lv e s to yOur f a v o r a ­ ble co n s id e r a t io n . T h e N o r m a l School w a s rem o v e d , on th e 31st o f J u l y la s t, to t h e larg e an d com m o d ious edifice w h ieh th c S ta te h a s r e c e n tly e r e c te d for its use, nt a cost o f 25,000. T h e b e n e f its r e s u ltin g from th is in s titu tio n are fully j u s t if y i n g the w a r m e s t an ticip a tio n s o f its frien d s , an d a r e m a k in g them s e lves m a n if e s t in th e im p r o v e m e n t a lready effected am o n g th e te a c h e r s of C o m m o n S c h o o ls T h e w h o le num b e r o f pupils ad ­ m itted to tho in s titu tio n sin c e its o r g a n izatio n , h a s b e e n 3129; o f w h o m 423 have g r a d u a te d , n e a r ly al o f w h o m are now en g a g e d in the du ties o f Com m o n S c h o o l teach e r s . T h e present n u m b e r o f pupils is 217- A p r o p o s itio n w ill, as I am in f o r m e d , be m a d e lo you t o au th o r ize th e in s tr u c tio n a t th i s school, o f a lim ited n u m b e r o f I n d ian s , in th e hope, h y t h i s m e a n s , o f in tr o d u c in g a h i g h e r o r d e r o f ed u c a tio n a n d o f civilization am o n g th e sm a ll r e m n a n ts o f tho A b o r i g ­ in a l r a c e w h ich are left w ith in our bo r d e r s . I s o licit for th is proposition y o u r a t t e n t i v e an d favorable c o n ­ sid e r a tio n , as a m e a s u r e n o t only prom p ted by tb e d i c t a t e 1- o f h u m a n ity a n d benevolence, b u t d e m a n d e d alike by considerations o f h ig h p o licy , a n d upon p r in ­ ciples of j u s t i c e tow a rd a c lass o f o u r p o p u latio n , w h o , from h a v in g once been th e lo r d s o f our s o il, an d t h e fo u n d e r s of a beautifully sim p le and essentially R e ­ p u b lic a n G o v e r n m e n t, hav e g r a d u a lly w a sted before th e a d v a n c e s o f the w h ite race, a n d h a v e dw indled in energy and in numbers, and have sunk into a stato of tutelage w h ieh dem a n d s th e fo s terin g care o f th e G o v e rnm e n t. In pursuance o f a concurrent resolution o f t h e L e g ­ islatu r e , p a s s e d on th e six th o f A p ril la s t, I ap p o in ted a b o a r d o f C o m m issioners to m a tu r e a p lan for the es­ tab lish m e n t of a n A g r i c u lt u r a l C o llege an d E x p e r i­ m e n tal F a r m , an d to prepare a sta te m e n t o f th e probable ex p e n s e o f such an in s t itu ti o n , a n d a de­ tailed acco u n t of the course o f s tu d ies an d p lan o f o p ­ e r a t i o n s reco m m e n d e d . Tlie Board entered zealously into tbe views of tbe L e g i s l a t u r e , a n d h a s g r a t u i t o u s l y d e v o ted m u c h tim e an d l a b o r to advance the im p o r ta n . object co n t e m ­ p lated in the passage o f tho reso lu tio n . I subm it herew ith t h e i r r e p o r t. I t is eloquent, an d pow e rfully arg u e s in b e h a lf o f th e ad v a n c e m e n t o f ag r ic u ltu r a l scien c e . I t is n o t im p r o b a b le th a t differences of opinion w ill ex ist in r e g a r d to the d e tails, a n d to th e e x t e n t an d v a r ie ty o f th e b r a n c h e s o f know ledge w h ich i t is proposed to em b race w ith in th e course of in s tr u c tio n . But I m o st earn e s tly hope t h a t no s u c h differences, a n d t h a t no o th e r c a u s e , m a y p r e v e n t th e estab lish m e n t a n d t h e en d o w m e n t, upon a w ise an d com p rehensive s y s tem , o f a n i n s t itu ti o n so beneficent in its design, a n d so prom ising o f en d u r in g an d ben­ eficial r e s u lts, as a s c h o o l f o r in s tr u c tio n in p r a c tica l an d scientific agriculture, a n d in the m e c h a n ic a r ts. T h e r e is a g r o w i n g in t e r e s t on th e p a r t o f th e people in the ad v a n c e m e n t o f a g r ic u ltu r a l science. I h o F a i r o f th e S t a t e S o c ie ty , held a t S y racu s e in Sep tem b e r la s t, w as a tten d e d b y a la r g e r nu m b e r o f p e r ­ sons t h a n h a d e v e r before b e e n assem b led on a sim ­ ila r occasion in th is S t a t e . A n d th e e x h i b itio n of th e various im p lem e n ts a n d p r o d u c ts afforded a g r a t ­ ifying evidence o f the success o f th is S o c iety, in tho advancem e n t of ihe g r e a t objects w h ich it aim s to accom p lish. T h e n a tu r e o f the circu latio n issued b y B a n k s , as th e r e p resentative o f the preeious m e tals, olten forces it upon those w h o a ’e iucapable o f exercising a dis­ crim in a tio n as to its v a lue, or w h o s e n e c e s s ities com ­ pel th e m to forego th a t exercise. Our law s h a v e , th e refo r e , p r o v ided safeguards for its in t e g r i t y an d its redem p tion ; an d th e paper cu r r e n c y of our S tate m a y be reg a r d e d as h e a l t h y a n d sound. Som e f u r ­ th e r legislation is deem e d advisable fo r th e p r e v e n ­ tio n o f abuse in the o r g a n izatio n u n d e r th e G e n e ral L a w , o f in s t itu ti o n s , designed ra t h e r to profit frtm i th o m e re Issue o f notes, th a n to fu rn ish b a n k in g f a ­ cilitie s to t o business co m m u n itv . T h c tim e w ill so o n a r r iv e w h e n i t w ill bocom e necessary to consid­ e r w h e th e r the secu r itie s required b y e x i s tin g law s , to b e h y p o th e c a te d for the redem p tion o f the circu la­ tin g b a n k n o tes, w ill be sufficient in am o u n t to fur­ n ish a b a s is for th e circulation th a t w ill be r e q u ired to be issu e d upon th a t pledge, w h e n th e c h a r t e r s of j,£c se v e r a l in c o r p o r a t e d b a n k s s h a l l ex p ire, a n d t h e y sh a l l be b r o u g h t u n d e r th e provisions o f th e G e n e ral t . V . ■J’he operation o f th e S i n k i n g F u n d is g r a d u - rtjL. jbut c e r i s i n l y w i t h d r a w i n g our S t a t e S to c k s , an d t i n ev e n tu a lly f o n d e r n e c e s s a r y th e su b s titu tio n of som e Other S6Vur,lie s '- T h e r e p o r t of t h e C o m p t r o ll e r w in m - c s e n t so m e im p o r t a n t su g g e s tio n s w ith refer­ ence to t h e s e ^ to w h ich I so licit y o u r c a reful a t t e n t i o n . . . T h e la r g e in f lu x o f th e precio u s .m e tals, w h ich is p o u r ing jn fro m th e P a c i f i c re g i o n s , is a ^ n£ to th e am o u n t o f co in in c i r c u l a t i o n ; a n d f u r n i ^ M an o th e r an d a- p r e s s in g reaso n fo r a o ^ m a n d fro m th i s S t a t e upon th e G e n e r a l G o v e r n m e n t, J e s tab lish m e n t o f a ’B r a n c h M i n t ,- o r for-the rem o v .ai O fth e principal M i n t tb o u r g r e p t sea p o r t, w h ich 18 the point of arrival of nearly all the gold introduced fro m C a l i f o r n i a . I t i s e a r n e s t l y h o p e d t h a t C o n g r e s s will no longer delay an act so imperatively demand- ed tlie in terests\ o f th© c o u n try - I n my A n n u a l M e s s a g e io the Legislature last year, I presented to their consideration several subjects, ip my opinion, w o rthy of t h e i r a t t e n t i o n , a c c o m p a n i e d w i t h s u c h r e ­ m a r k s a s w e r e d e e m e d a p p r o p r i a t e . 1 w ill n o t d e t a i n y o u b y a r e p e t i t i o n of .what was thm said ; nor w ill I enlarge upon the reasons which induc' d me to present them to the notice of y o u r predecessors. I shall m e r ly allude to th e subjects, and take th e liberty -to refer you to the view s w ith re> spect to them , .which I subm itted to th e last L e g islatu r e , and J o renew th e recom m e n ­ dations th e tn p a d e , T b e s e b u b j e t t s were... The restoration \ot the office o f County Superintendent of C ommon Schools. A re v i s i o n n n d a l t e r a t i o n o f th e law s u n d e r w h ich t a x e s a n d a s s e s s m e n t s fo r lo c a l im p r o v e m e n t s a r e im p o s e d a n d th e i r p a y ­ m e n t e n f o r c e d . An amendment o f the laws so as to en­ sure a more general and < q u tl luxation of personal property. A reduction o f the compensation author­ ized by law to be received by the Health Officer o f the city o f N ew Y ork. The establishment of T ribunals of Con­ ciliation in accordance with the provisions of the C onstitution, A modification o f the criminal code, so as to abridge, in proper case, the terms of imprisonment; to reduce the minimum ot sentence to the State Prison to one year ; and to increase the limit prescribed by law for the division between grand and petit larceny. T h e b e n e f i t s o f t h e p r o v i s i o n s o f th e a c t in re l a t i o n to p a r d o n s , p a s s e d a t t h e la s t se s s i o n o f t h e : L e g i s l a t u r e , h a y e b e e n m a n ­ ifest. In s e v e r a l c a s e s , th e p u b l i c a t i o n h a s in d u c e d in f o r m a t i o n w ith re s p e c t to th e p r i s o n e r , w h ich w o u ld p r o b a b l y n e v e r h a v e b e e n b r o u g h t to th e k n o w l e d g e o f th e E x ­ e c u t i v e , h a d t h e p e n d e n c y o f t h e a p p l i c a t i o n not b e e n madle k n o w n to th e p u b lic ; a n d th e r e is r e a s o n to b e lie v e th a t m a n y a p p l i ­ c a t i o n s h a v e b e e n w ith e ld u n d e r t h e c e r t a i n ­ ty ih a t th e a d v e r r i s e m e n t s w o u ld a t t r a c t a t ­ te n t i o n a n d e n s u r e opposition* The number o f persons pardoned during the year, from the State-prison, had been 27 : and from the local prisons 7. I com­ municate herewith the statement required by the C onstitution, of the pardons granted during the year. In the month o f A ugust last, I received a certificate from the C ommissioners for the erection o f the W estern House o f Refuge for Juvenile de linquents, that the house was in readiness for the reception o f persons committed thereto ; and in pursuance o f the 15th section o f the act authorizing the es­ tablishment, I m ade an order designating the counties which should thereafter send juvenile delinquents to this house. It has now 31 inmmtes. The building, ns now completed, affords accommodation for about one hundred delinquents, and fo** the offi­ cers and persons employed in the establish'- ment. A plan o f building was adopted, such as to be perfect as now finished, and yet admitting the erection of three more wings ofequal capacity with tbat now coins pleted, without marring the proportion of the w hole. E a c h of these wings will a c - com m o d a t e about a hundred inmates. It will be seen from the rapidity with which the house is filling up, that its capacity will soon bc exhausted, and another wing will be required, the cost of which, it is repre­ sented, will be from ten to twelve thousand '-ii- j U O n a rS. D u iitig the past summer, the hiald de­ partment o f the House o f Refuge iu the city of N ew York had become so crowd­ ed, that its managers issued a notice that no more boys could be received at present. The whole number o f children received in this house from its establishment to December 12 , 1 8 4 9 , w as 4 ,6 9 0 . At tbis latter date, there were 3 3 4 children in the house. W ithout m ore extensive accommo­ dations, this number is larger than is con­ sistent with the proper classification of the children, for the separation o f those less hardened! in crime from the influence of the more depraved. Such classifica­ tion is necessary to the object of the insti­ tution, which is the reformation rather than the punishment o f those youthful de­ linquents, who may have be<n drawn thoughtlessly into the commission of crime from w hich parental influence or good ad­ vice kindly administered might have re­ strained them. Should the L egislature determine to en­ large the W estern House of Refuge, it will be advisable to authorize the transfer to that establishment, from the one in N . Y ., of those inmates now in the latter, who may have been sent thither from the counties w hich are now designated to-send delinquents to the former. The number o f prisoners in confinement in the several prisons o f the S ta te, on the 1 st D ecember, 1 8 4 9 , w as 1 ,4 8 3 , being an increase of 174 over the number on the corresponding day of the previous year. The earnings and expenditures o f the several prisons during the fiscal year end*- ing 30th September last, together with the daily average number o f prisoners in each, w ere as follows - Auburn Prison, earnings, $67,619 7 9 ; expendiiures, §56,777 99 ; daily average of prisoners; 535. Sing S in g , earnings, $66,379 84 ; expenditures, $ 6 8 ,7 9 3 6 4 ; dady average o f prisoners, 641 1-2 males and 81 females. Clinton, earnings, § 10 ,- 976 2 2 ; expenditures, §50,126 4 7 ; daily average, 143 1-2. A la ge proportion of the expenditure of the C linton C ounty P rison, is stated to have been for extraordinary objects, n ot constituting a part o f tbe regular expens­ es of the prison. The officers of the Dri- son return theso at $>22,479,52. The de­ duction still leaves an excess of expendi­ ture over the earnings o f this prison, o f §16,670 7 3 . And it may b e questioned whether some of the expenditures w hich are classed as extraordinary, w ill noj^ be found to be frequently recurring. The Annual R ep ort of the Inspectors will present the condition of the prisons more in detail, and I. respectfully refer you to it. , The financial condition o f the S ta’.e L u ­ natic Asylum,, is represented to he pros­ perous. The receipts from the hoard o f patients have heen adequate to defray all the ordinary expenses for the year. From the opening o f this institution, 2 ,3 7 6 pa­ tients have h<?en adm itted; 1,017 of whbm have left the asylum cured. This institution was under the superin­ tendence of t)r. Ainariah Brigham from its first opening, in January, 1 8 4 3 , until his lab o rs were arrested -by d e a th , in September last. In the deaih of this de­ voted and philanthropic man of science, the cause of humanity has sustained a serious loss. The larg e number of recoveries effected under his management, is an elo­ quent testimonial to his skilful and devo­ ted attention to the trust confided to his charge. . T h e seyeral institutions encouraged and sustained in a large degree by the S tate, for the education o f the B lind and o f .the Deafiftpd Durpb* and the, N ew York H os- pitkl, ;are prospering, a n d -are efficiently E a r n in g ; put the bexmyplent :Qhjecte oon- tem plated b y their estaj>iishj|ent.' The present condition ^ f these several charities w ill be more fully shown by their respective reports, w hich w ill soon be pre­ sented to you, and w ill furnish a gratifying exhibition of the fidelity with which the trust commuted to their several Boards of Directors h is been discharged, and an in­ ducement to continue the aid w hich the State has heretofore extended to these cha­ ritable objects. T h e amount of payment to these institutions last year exceeded $ 111 , 000 ; but as^hat sum included payments for buildings and permanent objects, it is hoped that the claims for the future w ill be much reduced. The liberality of the State in its endow­ ments o f various charities w hich have been cherished by its munificence for the sup­ port and maintenance, and for the educa­ tion or relief of those who are not blessed with God’s choic- st gifts o f tbe reasoning and perceptive faculties, ha'- been reward­ ed w itb a m easure of success in thc several objects to which it has £>(cn directed, which encourages tlfcFinquiry, whether there be n ot y et a class of unfortunates who labor under a dispensation that im­ poses upon the S tate the duty of undertak­ ing their physical, intellectual and m oral improvement, and tlie advancement of their comfort, and o f their m eans o f use­ fulness and enjoynn nt The census of 1845 shows a return o f 1620 idiots within the State, aud there are reasons for the b elief tbat this number is far short o f the reality. The success w hich has attended tho ef­ forts made o f late years to .resuscitate the mind of the idiot, and to elevate him in the scale of human beings, has demonstra­ ted, at least with sufficient certainty to call for the active aid of the State, that these unfortunate creatures, the most afflicted as a class o f all whom the heavy dispensa­ tion o f a w ise Providence lias visited, are susceptible w ithin definite limits of m ent il and physical development and improve­ ment. The State has already recognized the obligations resting upon it, to provide for the education of all its children, and has made liberal provision for the education of those deprived of the organs o f sight, and of hearing and speech, as w ell as for the improvement and reclamation of the luna­ tic. The efforts o f the Legislature should not bo ii-termitted until they have secured to ;41 classes and conditions, such an edu- c Jion as they m ay be capable o f receiving, and m ay qualify them for the duties per­ taining to their respective pursuits and condition in life. The number of idiots exceeds that of either the B lind or the Deaf and D umb. W hile the State has m ade liberal provi­ sion for the care and education o f the lat­ te1’, it lias done nothing for the improve­ ment o f the idiot. The parents and the faiends of the many hundred idiots in the $:ate, /seek ia vain, a refuge or a school, where their afflicted children or frunds may be protected or made useful. The reason is doubtless to be found in tlie strong impression w hich bas p revail'd, that nothing could he done for the improve­ ment o f the idiot. This impression must, however, now be confined to those who are n ot u filing to receive the evidence o f what has been successfully accomplished. He has been taught- to articulate, and to talk distinctly, and to bring liis passions and appetites into subjection ; he has bf en instructed and made to read, to w rite, and to sing, and to exercise mechanical labor and skill in various trades. These results induce m e to recomm.end the establishment by the L egislature o f an asylum and School for Idiots, on such scale and terms of en­ dowment as your wisdom shall deem best. The operation of the laws of the last session on the subject of A lien P assengers, has been highly satisfactory. It is believ­ ed tbat the objections to the former pas­ senger laws, on w hich they w ere decided by the Supreme C ourt of the U nited States to bf repugnant to the F ederal Constitution, have now been obviated ; whilst the orig­ inal objects of that legislation, the relief and support of diseased or destitute emi­ grants, have been completely attained. T h e experience o f the year has pointed out some imperfeciions in the details of tlie act, w hieli do n ot affect its general princi­ ple or leading provisions, but which de­ mand legislative correction. These will probably be pointed out by the C ommis­ sioners in their report. The change of the gy.-tem at the Quarantine, separating the charge o f the Marine Hospital from the other duties of the Health Officer, has resulted in a m uch improved efficiency, economy, and order in the Quarantine es­ tablishment. The magnitude o f the busi­ ness devolved upon the C ommissioners un­ der these laws may be conceived from the statement, ihat 2 1 3 ,5 5 2 alien passengers, arrived at the port of New York during eleven months, from 1 st January to 1 st December, 1849; of whom 2 8 9 4 were forwarded by the C ommissiones to distant places, w here they could m eet em p loym ent; 7000 were received into the hospitals at W ard’s and Bedlow’s Islands, and 3162 into the Marine Hospital. The average w eekly number o f patients in the former hospitals exceeded 3 3 9 2 , and in tho latter 455. Temporary relief w as afforded to 1 6 ,2 0 0 emigrants; and tho sum of §43,023 7 7 was paid to the several counties of the State, to reimburse them for expenses incurred in the relief afforded by them lo emigrant poor. This amount docs not include the expenses o f such counties for any part-of December, nor the whole amount for November. Tbe laws for the protection o f emigrants from tlie imposition to w hieh they are spe­ cially subject, immediately on tbeir arrival, have been attended with excellent results,in defending, or assisting the helpless and the stranger, w ho have sought a refuge on our shores. Still these laws .are not perfect— m e n t; for which object I earnestly com mend them to your consideration. I t will become part o fy o u r duty to con­ sider the necessity w h ich seem s .\to e x ist, o f providing m ore ample, if not m ore adequate accommodations for the state library. W hen the care ofthe Library w as committed to tbe R e g e n ts of the University in -M ay, 1 844, the’number df volumes w as computed to* be about 10,000. Ih the C atalogue now print­ ing, the Law-Books alone exceed 9 ,7 0 0 , and the aggregate dumber o f volumes is about 25,000. It is evident that the rooms now used are n o t Capable of -meeting this rapid increase w hich is still progressing. EUery part of them is now filled, ahd it has become dp5cult to fihd, or take-down many,: While ^hundreds of volnmes are lockdd ' hji Hi various repositories, for want o f sufficient accommodation in the Library R ooms. In addition to this, the State has a very v a lu ­ able and interesting collection of M aps, and will shortly receive many m ore, illustrative of the progress and history of our county. These should be easy of examination and reference. W e have, too, the valuable and extensive collection o f engravings presented by the Pope, w hich should he exhibited on the w alls of the Library. Uniting all these considerations, and adding to them the comparatively unsafe condition o f the present R ooms, in refer­ ence to the danger from fire, to which I referred more particularly in a communi­ cation to the L egislature la st w inter, I feel it incumbent upon me to recommend an appropriation for additional, if not other apartments for the use o f the Library. In connection with this subject, it may be remarked that tbe building now partly occupied by tha S tate Cabinet of Natural History, is totally unfitted fbr sueh a pur­ pose. The rooms are-arched,, and a quan tity o f space is lo st Which is m uch needed for the exhibition o f the valuable and ex­ tensive collection o f specimens wliich the State has brought together to illustrate its o o Natural History. And the T rustees are completely stopped in their plans for in crease, by the absolute want of room in which to place the very interesting Indian and N atural H istory C ollections w hich are crowding upon them. The S tate Agricul­ tural Society, from the extension o f its collections, needs all the lower rooms of this building. Should you deem it advisable to author ize the construction of any additional build­ ing, it appears very desirable that such erection should be made for the accommo­ dation o f both the Library and C abinet of Natural H istory, as will me<jt their wants for some years to come, and by giving to tlie A gricultural S ociety the use o f rooms now occupied by the C abinet, increase the accommodation and the means o f useful­ ness of this valuable association. I desire to bring to your notice the fact, ihat we have no.complete collection o f the Colonial Laws of N ew-York in prin'. The originals of these laws are in the Secretary of State's office. I cannot doubt that a competent commission could be instituted to superintend sueh a publication, w ithout any pecuniary compensation. • T he only expense exclusive of that of printing, w ould be a m oderate salffty for a secretary to do the necessary clerical w ork, and to arrange tbe laws in chronological order. A law passed last w inter appointed three Commissioners o f the Code to perforin the duties specified in tlie 17th section o f arti­ cle I. o f the Constitution, and authorised the Governor to fill any vacancy w hich might occur during thc recess of the L egis­ lature. Two o f these Commissioners have resigned. The resignation of M r. Spencer was on 25th of June last;, that o f Mr. W orden took effect on the 1st o f N ovember. Under the power conferred by the law, I have endeavored to fill the vacancies in a manner calculated to ensure the object con­ templated by the act and by the C onstitu­ tion, and have offered the appointments to a number of the m ost'eminent jurists o f the State. The vacancies, however, stfil exist. As they occurred during the recess of the Legislature, the power to fill them under the act is probably with the G overnor. But as T have not succeeded in the exercise of the power, before the L egislature has con­ vened, and as, in my opinion, an alteration of the law organizing the C ommission is es­ sential.to its practical success, I respect­ fully refer the m atter to your consideration, and shall abstain from any efforts to fill the Commission during your sittings, or u n til there shall be an expression o f your opinion on the subject. The principal difficulty in filling the e x ­ isting vacancies, arises from the inadequacy of the compensation allowed, and the lim i­ tation of time, compared w ith the magni­ tude o f the labor to be accomplished. The restriction o f time imposed by the existing law, is fatal to the accomplishment o f the work. The undertaking u to reduce into a w ritten and systematic code the whole body o f the law of this S ta te ,” is too vast to be accomplished under the pendency of sucli a pressure, or to be completed by the labors o f three men w ithin two years. I therefore recommend an increase o f the compensation of the C ommissioners, and an extension o f the time limited for their con­ tinuance in offiee. It is a subject o f not unfrequetit com ­ plaint, that the due administration o f pub­ lic justice is often impeded in consequence of the present mode o f empanelling jurors in criminal cases, and o f the exercise o f the right o f challenge by the traverser, and by the manner of conducing the trial and de­ fence. Trials attended w ith any notoriety are apt to involve great consumption of time in the scrutiny of the jury.. W eeks have heen consumed in this effort in a sin­ gle cause ; and I am informed b y one o f the Justices o f the Supreme Court, that in a trial before him, upwards o f 4 ,0 0 0 persons were examined in a.fruitless endeavor to em- ponnel a jury. 1 understand that the C om­ missioners to revise the ru’es and practice of the courts, w ill submit to your consider­ ation a proposition intended to obviate the difficulty w hich has heen experienced in this particular. N o t having had the op­ portunity to examine the alterations w hich they propose, I cannot express an opinion upon their suggestion; but the subject is one of importance, and will, I hope, en­ gage your early attention. The experience o f those familiar w ith the proceedings in the criminal courts has sug­ gested the propriety o f allowing to the pro­ secution a limited number of peremptory challenges. I am convinced that the ends of justice w ould thereby be.advanced. The allowance of -bills of exception i s believed to be a principal cause of. the de- they need further examination and improve- Hays and pro.traeted-±ri tis in driminat cases, m n r t r * f n n r u n m h n h m n f T n n « v \ n n f l f T a a » m i « .• . > . . . . . . . . • , t ana o f the occasionalfailure o f (justice!^ Prior to the adoption, of the -Revised Sta- tutesj criminaL trials were reviewed b y the courts, reserving ihe=. point in'dispute fo r the' consideration o fthe Supreme Goiirt o n .a case m ade ;. w hen, if th e point did n o t affect the merits, the court w as a t liberty to dis­ regard it. Upon B ills of.Exception, how­ ever, the w hole case is n ot se n t u p , but on­ ly enough for a-properWtfderstafrding o fthe single point raised ; and-if- t^jp ruling on ihat p oint be erroneous, however Im’mato- rial it m ay b e’tO th e m ain questioli df guilt* or iMtoeenbe^-a Yaiew<’t.rial<iiitist:;be The* effect is , :tbat itlaib Jddge on therfriid, 'vunnfilling-id>’eftibadtafe the^cd^-by 6 ±c$p« tiops,; orit 6 -givd tl^iebtM U h e^ohaiffeeit^ ty by exceptions on points really immate­ rial, is tempted to relax the rules o f evi­ dence, and to let in almost any testimony which may be offered. A serious defect exists either in our sta­ tutes relating to summary convictions upon the charge o f vagrancy, or in the practice under those statutes. These proceedings involve a wide departure from the principle whieh pervades our* w hole Jurisprudence, and w hich secures to every person accused, of an offence a trial by jury. They are, therefore, justly regarded w ith jealousy, and should be restrained by stringent rules for the protection of personal liberty. W h ile public policy undoubtedly indi­ cates the necessity offplacing under restraint .and discipline those who lead an idle life, without employment, and without the visi­ ble m eans of support, it also indicates, w ith equal certainty, the distinction which should be observed between them and tbe wilfully corrupt. A distinction is recogni­ sed by our statutes between different indivi­ duals,.whom it classes under the general name o f u vagrants sofae are re_c_ognised as proper objects for the P oor House while others are to be committed to the common jail. But in practice, it is believed that nearly all the commitments for vagrancy are to the County Prisons ; thus merging the distinction (so essential to justice aud to the moral elevation and reformation of the vagrant, as w ell as to the effective pun­ ishment o f the criminal,) between poverty and crime ; and commingling, in a common disgrace and punishment, those w hose chief fault is destitution or perhaps disease, w ith those who have heen convicted of a w ilful transgression of the law. I have been led to these remarks by an investigation made during the past year, and embodied in the Presentment of a Grand Jury, in w liich it is represented that of 746 persons at that time confined in the' Penitentiary o f the city of N ew-York, up­ on the charge o f vagrancy, whose commit­ ments had been examined, 220 were confi­ ned u for m atters w bicb do not constitute vagrancy under any description of it,” as defined by our statutes, but “ because the offence charged is poverty, sickness, or des­ titution ;” while of the whole number of 746, only three were lawfully imprisoned. Sucli a fact calls imperatively for an exam­ ination, o f the statutes under which such transactions have occurred. W hile it is admittedly a primary duty of the L egislature to enact laws for the pun­ ishment of vice, it is no less its duty to re­ move ihe causes which frequently lead to the commission o f crime. The impres­ sions m ade upon the youthful m ind by tlie gentle force o f parental authority and ex­ ample, and by thc associations of the fami­ ly circle, arc among the most active and enduring o f the influences which control the conduct of after life. M uch of ihe vice that wo are called upon to deplore, m ay he traced to tlie early removal of its subject from the reach o f that authority and exam­ ple, and from the innocent but w holesome associations o fa h ome,however bumble.— The cause of m orality, no less than tlie dic­ tates o f humanity, demand the preservation of the familv circle, and the maintenance of the family home, as efficient preventives of vice, and sure and permanent contribu­ tors to individual virtue and happiness, and to public prosperity and order. In tliis view it becomes us to consider whether tlie causes by which this whole­ some influence is often broken u p, m ay not be removed or lessened. Doubtless the most frequent cause of the dismemberment of families, is found in the pecuniary ina­ bility o f tbe p'irent to maintain bis house­ hold establishment. Thc humane and wise policy of the State many years since, provided an exemption from execution for debt, o f sundry articles in favor o f persons being householders.— The list o f articles thus exempted has at various times been enlarged— at all times in favor of persons being householders, and so as to embrace articles essential to the maintenance of the household establishment and to prevent the dismemberment o f fa­ milies. And yet the w ise policy o f the law often fails o f its object, and the household is dispersed for w ant o f an aliode, wherein the pleasures o f an undivided family may alone he left to sweeten tlie hours of ad­ versity, and to cheer and stimulate its members in their efforts to repair their m is­ fortunes w hile they retain their virtue. It is this consideration w hieh induces m e to suggest a further extension o f the pres­ ent exemption, so as to exempt from sale upon execution, the premises occupied as a H omestead, to a limited value. The most exact observance o f the rights of property, and of the inviolability o f con­ tracts, should characterize all legislation in a civilized government. An essential fea­ ture, therefore, o f any law for ihis purpose should he its careful and scrupulous avoid­ ance o f the violation o f any existing rights. The exemption should not extend to con­ tracts made before .the enactment of the law, but should be prospective in its oper­ ation, and the Homestead should not be exempt from a debt incurred for its pur­ chase. I submit these as among tlieguards which should attend the Exem p tion ; re­ lying, however, upon the w isdom o f thc L e ­ gislature, should it think proper to. consider the subject, to suggest and mature sucli provisions as w ill carefully protect the.rights of the creditor, and guard against the com­ mission of fraud, w hile they may effect much in the cause of humanity toward the preyontion o f crime, the relief o f poverty, and the Support and education o f fhe young and helpless. The policy o f our government and of our institutions is w isely adycrse to large stand­ ing armies Our reliance is therefore upon the m ilitia organized and armed in accor­ dance with the requirements o f the F ederal Constitution, and the laws - of-Congress in pursuance thereof. T h e condition o f this jo fe e , wi thi n; ou r State i s h i gbly s a t i s fa c toxv. Prior to the enactment ofqhe law of 1849,: for the reorganization o f the miliiia, the system had become obnoxious to large s flUrhhers in the'dbmmunfry^nd ihe'milifid servicexw a s regarded J v itlj d is favor, ex.cept in th e y a r i o u s uniform ed corps,.w h ich, -did not e jdst to .any, g r e a t e i ’ept QUt o f tfie cities and tn e larg e T o w n s : an d the train in g s of th e fhilitia caTne to be reg a r d e d as a n bse-. lesslyl o n e rous\burihen t o 'th e p e o p le The object of-the m iljtii 'lays o f 1 and,’£ 6 , w asTpproyjije thorough enrol­ ment o f ajj persons in the ^tate' liable to military d:u tv ...to offer Iayge r in d u c e m e n ts ^nd.thereby J p increase,the number of uni> Tdrmhd'compSnies:To ad^anqe Ibefr iency, and a t the sathe* tirhe to r lesseff the lexbeiteedidififid ilmrfiuSfr- ^ h ic h the fnfctnberd #erfc Subject^ a&f f# th e m a s s o f t h e c i t i z e n s fro m th e o f t h e p r e v io u s la w . - T h e o r g a n i z a t i o n * u n d e i t b e i h p r o g r e s s e s b u t slo w l y . ^ L ik e ,, a v e r y s y s t e m , t h i s .pas i t s d e f e c ts’,’ W h ich .were, fo r e s e e n a t t h e tim e o f its e n a c t r n e n f , ’ f. w h ich i t i s h o p e d c a n b e re m e d i e d By tBB L e g i s l a t u r e ' a s they a re' d e v e lo p e d - ia'p r ^ * # - ; tic e . ' S o m e o f t h e s e d e f e c t s w ill b e p o i n t s ed o u t , a n d - t h e re m e d y w ill b e s u g g e s t e d , io th e r e p o r t . o f t h e A d j u t a n t G e n e r a 1,Jo ,w h i q i t . I so l ic i t y o u r e a r l y a t t e n t i o n . * It is estim a te d t h a t there a re/near 309*,0&O sons in th e State liable to m ilitary d u ty , and yet th.e num b e r enrolled t h e p resen t y e a r isjetjarned a t o n ly 87,595. T h e s e r e tu r n s are v e r y im p e r­ fect. T h e y em b race h u t ab o u t one-third of J h * State. It is p a r ticu larly im p o rtant th a t y o u di­ rect your, a ttention to su c h an am e n d m e n t o f the law s as w ill ensure full and accurate return*, and an ea r ly O rganization o f the, en tire body of th e m ilitia. ... N o thw ithstanding th e delays and d i f f i c u l t l y w h ich h a v e em b a rassed a n e w system , 233 u n i ­ form com p a n ies h a v e , b e e n organized under t h e late acts, in.addition to others p r e v io u s ly iU istence— t h u s presenting a strong, efficient Uncf reliable.force, co n s tan tly increasing, r e a d y a n d w illing fo su s tain i h e l a w a j o f th e State. a n d j p fulfil the duties im p o sed upon them b y t h e C o n ­ stitution of th e U n ited States: . , T h e report of the C o m m issary G e n e ral w ill present to y o u th e condition of th e State.prop- erty entrusted to th e care o f th is officer. • T h e law s relating lo th is D e p a rtm e n t require a thor-' ough revision. I am induced to believe t h a t som e alterations w ill be suggested in the rep o rt of th e C o m m issary G e n e ral, to w h ich I beg leave to call y o n r attention. F e w subjects affect move intim a tely th e i n ter­ ests and convenience of th e people, th a n th e m e a n s of s a fe, speedy, and w idely extended so ­ cial a n d com m ercial com m u n ication. T h e r e a r e now in operation w ithin the State, tv v e n t y - i ^ railroad c o m p a n ies, and upw a rds of elevfen k u ff- dred m iles of road, upon w h ich daily v a s t nutate bers of hum a n beings are carried. In j u d g in g ^ of lh e future, it w o u ld be difficult tq form ah adequate conception o f t h e im m e n se stream of- travel and com m erce w h ich w ill flow over th e s e great h ig h w a y s , a t no distant d a y , w h e n th e y shall h a v e penetrated the y e t sequestered region* of th e State, and w h e n th e trade o f the g r e a t W e s t, still in its infancy, shall have reached i t s full gro w th and m agnitude. It is th e d u ty oT a w ise governm e n t to encourage enterprises w h ich tend, like o u r railw a y s , to approxim a te distant p a r ts of the State, to destroy sectional interests, to explore and bring into social and com m ercial relations districts hitherto a lm o s t in­ accessible, and to increase largely th e sale o f agricultural products, b y bringing th e best m a rr ket near lo the door of th e producer. So/on1, the other hand, th e great arid rapid extension o f the railw a y system calls for such judicious le­ gislative regulations as w ill m o re adequately’ secure th e protection of life, and f h e largest de­ gree of 'safety, coupled w i t h com fort, and t h e requisite rate of speed. T h e frequency of accidents and collisions naturally leads to en q u iry into th e cause, an d ^ th e proper rem e d y to be applied to the preven- * tion of so great an evil. I t cannot be d o u b ted' th a t a large proportion o f these accidents a rise* from the use of a single track , b y cars rutining; in opposite directions. T h e • subject is em inent­ ly w o r th y of legislative attention, w ith a V iew to afford every just facility for the construction of railroads, and a t the sam e tim e to e n force prudent regulations for th e secu rity o f human/’ life. W h ile th e pow e r of th e L e g is lature to au th o - * rise, hy a general la w , th e tak in g of private, property fo r public use, iji p th e r cases tb a q w’heTe' ilie \Conotituiion -sanctions a delegation1-' of local legislative a u th o r ity tp th e B o a rd o f Su­ pervisors, m a y w e ll be questioned, there ex ist strong r e a s o n s w h y th e exercise o f s o im p o r tan t a branch o f s o v e reign prerogative should n o t W surrendered, in th is w a y , to private associations w ith o u t great caution. P rovision h a s , h o w e v e r already been m ade by l a w , for th e exercise o f the right to decide th e p u b lic u tility o f highw a y * ,’ tu r n p ik e s and p lan k roads, by th e local a u th o r i­ ties of th e counties w ithin o r th rough w h ich such im p rovem e n ts are designed, and undeir proper restrictions i t m ight be sound p o lic y .to T extend th e benefit of sim ilar provisions to t h e construction of railroads. Beside the plain an d - strict com p liance w ith th e provisions o f ihe. C o n s titution.w h ich such a system w o u ld p r e ­ sent, in connection w ith the general law a u t h o ­ rising com p a n ies to incorporate them s e lves, it w o u ld ta k e from these- corporations every in­ gredient o f enclusive privilege, and w o u ld re-, lieve th e L e g is lature from th e w e ig h t and b u r­ then o f a large am o u n t of d u ty entailed u p o n it under th e present s y s tem , and w o u ld prevent; in a great degree, th e interference of s p e c u lating enterprises, o r of m e a s u res prom p ted by t h e a n ­ ticipation of gain , w ith the consideration arid * th e decision of o th e r questions o f public im p o r­ tance. . t It is with no slight degree pain ihat I f e * l , it a duty again to refer lo\ a subject w h ich is a t ­ tracting th e earnest attention, u n d th e m o s t a n x ­ ious solicitude of th e people, an d w h ich co n tin ­ ues to excite th e strongest sectional prejudices, and form s perhaps th e o n ly speck in o u r politi­ cal horizon w h e n c e a n y danger can be reason-” ab ly apprehended to affect the internal harm o n y ^ » of our c o n federacy. T h e acquisition b y th e U n ited Slates o f a ' large ex ten t of territory contigious to t h a t p o r­ tion of th e States w h e rein th e in s titu tio n o f D o r' m estic S lavery continues to be tolerated, a n d th e necessity of providing som e form o f g o v e r n -' m e n t for these new accessions to th e ju r is d ictio n of th e G e n e ral G o v e rnm e n t, h a v e f u r n ished th e ' .occasion, w h ich seem s to be inevitable, o f d e ­ term ining the question w h e th e r th e i n s t i t u t i o n ; ' of S lavery shall be’ perm itted to extend its e l f w ithin the .bounds o f these new ly acquired p o s ­ sessions, from w h ich it h a s been excluded b y th e m u n icipal law s of th e p o w e r w h ich the tim e had th e s o v e reign jurisdiction o v e r t h e - territory7-, and from which th e United S tated acquired its titleand ils right. T h e ‘discussion and t h e decision o f th is e x ­ citing question, should he approached in th e ' sp ir it o f kindness and of m u tual arid ch a ritab le' toleration fo r differences o f opinjon, necessarily resulting from differences of e d u c a tion, o f habit9-s and of .the associations b y w h ic h m en are' she-’ rounded, and with the determinatiori^to ieijst and to check a ll tendencies, from w h a tev e r q u a r ­ te r t h e y m a y p roceed, to w a r d fanatical agitation,* sectional excitement, or partizan advancement.' A firm and decided expression .bf Onr b\ifi tbn- victions o f r ig h t, and even o f b u r tinaitefabl4': determ ination o f action, i f tem p e rately &&d£ fH th is sp irit, is n o t o n ly justifiable b u t proper,-arid can give no j u s t cause o f offence to th b s e . w ith ’ - w h o m w e differ on t h i s orire p o in t; vt-hilb b h ited by tbe strongest bonds o f brotherhood in th e iri- ? collection o f a common- a’Ad. a glorioUs onion1 iff th e past, in the realization o f .a bbrifmbfi in t e r - ' est Tn th e .present, and in t h e ho p e o f d priJliMnt i and a n enduring f u tu r e o f peace; q f trriiori, an if bf p r o s p e r ity to o u r com m o n J o Q n t r y l a n d to h e r cherished institutions. i;' . It Ig.no new declaration in behalf of Abe State qf N ew York, that she regards Slavery as 5 ar* r iiftorali a social and a political evil. * \ ‘ kt the time of the separation of the .Stated 7 , from the Government of Great Britain, the peo- «, , p ie o f N e w Y p tk ,.in cbm p ton J v i t h m o st o f t h e ' o th e r Slates of th e U n io n ; found th e institution^ o f S lavery am o n g fastened upon them - b p -rhe dyditte; 6V th e \mis- * government or neglect 6 f the parent icountrgb ' ,afe; tshq ,.pow does; vasjjlji' .evlraricT& w r o n g , o u r S tate; early,' aEn'd th e sla v e populalion w a s large-, a n d ’h b r e ' w ifV pro p o r tio n o | more -than one to frffeeff ffl tkja free po p o latio n , com m enced . a corirfcef b f r l ^ g i s i , latioh fo r t ^ e exfiriciibn Of ^ l a v e r ^ 1 .w itm h i; ‘h # ? hordere: ‘R e g a r d in g i t as a dbtttes4ic:rfe l r i t ^ founded upon and lim ited to th e , bf ferfifofjal la’w s ,p f th e S tate;'deperidC n f M Contitt^aince a'nd its fegrilatiom lirtiori bi the' s e v e ral S ta tes; J- »! *.•

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