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G O VERNO R’S MESSAGE. Fellow cUizms o f the Senate and o f the Assembly — In compliance with the constitution, 1 proceed to lay before you the condi tion of the State, and to suggest for your consideration such matters as I deem conducive to its welfare. In looking back upon the past year, we see abundant reason to be thankful to Almighty £rod, for having spared us jrom the ravages of disease, for having prospered the industry of the country, and for having made us conscious of our national advantages, and content with our condition. Although in some sections of the State an unusual excitement has pre vailed, I am happy to have it in my power to say, that it has not originated in a desire to change our constitution, or in a distrust of the integrity of our laws; but in an honest zeal, overflow ing its proper boundaries, misdirected in its efforts, and carrying into publick affairs matters properly belonging to social discipline. Such feelings cannot long exist beyond the limits of their proper sphere of action; and it is a source o f gratification, that in this in stance they give evidence of speedily subsiding into their natural and health ful channel. One o f the most important incidents to a government resting upon the publick will, and peculiar to it, is the constant observation of the publick eye, and its rigid scrutiny into the conduct of pub lick functionaries; tending to keep them within the limits o f their authori ty, and in the active performance of the duties pertaining to their important trusts. No officer is so high or so hum ble, as not to be awed by its presence, or to be made conscious of its power. This searching operation is prompt to detect abuses, to discover impure mo tives, and to expose offenders to the corrective tribunal. Our fellow-citi zens are sufficiently enlightened to know all the advantages they enjoy un der the government of their choice; they have manifested an increasing a t tachment to it, and have been conspicu ously auxiliary in supporting the laws and constituted authorities, and in pro moting measures for improving the con dition o f the State. From the period o f the adoption of the constitution of the United States, \ve have progressed in testing the fed eral system, with cautious steps, under the guidance o f instructed publick sen timent; and although doctrines have, from time to time, been honestly ad vanced, and incipient measures taken, at variance with constitutional restric tions, and deemed adverse to the true interests of the people, they have found a prompt corrective in the pub- lick voice. During the present Admin istration, the sound sense, enlightened views, and ardent patriotism of the Executive, leave no room to doubt, that the known landmarks of the Constitu tion will be respected, that the sove reignty o f the States will not be viola ted, and t-bat measures, warranted by plain constructions only, will be pursued iu direct reference to the publick good. W e are, happily, at peace with all the world; and relying upon the spirit of justice which has always dictated our dealings with other nations, and con tinues to influence onr national coun cils, we have g reat reason to hope that all causes of complaint against foreign powers will be amicably removed, and that we shall not soon be called upon to rally around our national head to en force our just claims, or resist unjust aggressions. In a state of peace, the financial resources of the general gov ernment greatly exceed the amount re quired for its ordinary expenses; and under a system of strict economy, and with a due regard to so desirable an event, our national debt, which was in curred during the revolutionary and late wars, will, in the course of five or six years at most, be extinguished. Our government will then present a new claim to the affections of its citi zens, and to the admiration of the world, founded upon the novel specta cle o f a g reat nation paying off a great national debt. In the course o f my administration, I have been repeatedly called upon to exercise the constitutional power of pardoning convicts. The painful duties connected with that trust, I have en deavoured to perform with a due re gard to the objects of punishment; and I have, in many instances, been com pelled to resist the most earnest and af fecting appeals to my sympathy, sup ported often by petitions, signed by the most intelligent citizens, and those whose official stations have given them the best opportunities of knowing the unworthiness of the suppliants. Dur- ingthe past year, there have been four convictions for murder, in each qf which executions have taken place: But have pardoned from the state prison, twenty-eight convicts. Nearly all those pardons were granted in cases, w h e re; first, great doubts o f guilt were certified to me by the courts before whom the convictions took place, and those doubts appeared to me to be well founded, on examining full statements of the cases; secondly, on personal ex amination, and inquiry of the keepers of the prison and the presiding judges, as to certain convicts for whom petitions had not been presented, 1 deemed them fit objects of mercy ; and thirdly, from want of sufficient latitude of discretion in the courts, sentences too severe were necessarily imposed. The punishment of criminals is one of the most interesting subjects which can engage the attention of the Legis lature ; and although our criminal code has been recently very ably revised, and its features much softened, yet I consider it my duty to bring it again to your notice. W e have been gradually relaxing the severity of punishments, until our laws relating to them have a decided character of mildness; still it behoves us to consider, whether the great objects o f punishment will not be better attained by farther mitigations. W e derive our classification of crimes from the English laws; and many of their distinctions have arisen from the state of society, and the structure and peeuliar.policy of that government. It ,13 a serious question, whether the moral turpitude of crimes, or the policy of the government, requires that the existing artificial gradations should continue to influence, to their present extent, the punishment prescribed for them. Our revised code imposes the punish ment of death for arson of the first de gree ; and empowers the court to im prison for life, for certain kinds of rape, mayhem, attempt to poison, arson, bur glary forgery, robbery and murder, submit to your consideration, whether the punishment by death ought to be extended beyond the crimes o f treason and murder; and whether it is politick to imprison for life in any case, except on second conviction. I am persuaded, from observation, that a period o f ten years’ imprisonment in our best regu lated state prisons, is, in most cases, sufficient to subdue the moral mental or physical faculties o f the most obdurate man. An imprisonment for life is rare ly, if ever, where the convict’s life is not near its natural close, or unexpect edly terminated, carried into eflect. The publick sympathy becomes awa kened in behalf o f the most atrocious life convict; and if he is imprisoned on a first conviction, pious and humane hopes are entertained that he is a re newed man, and that the discipline of the prison ,^as purified his heart, and corrected his evil propensities. These considerations are urged with zeal for his pardon, after a brief imprisonment, and have been so far successful, that I can assert from an inspection of the prison books, that there are now in the prison at Auburn comparatively few of that class of convicts, who have served a longer period than-five yjsars. -- One o f thS great objects of punish ment, is the reformation o f the offender. It has been the hope of the philanthro pist, and I indulge the belief that it has now become, to a certain extent, the feasible object of the legislator. An amount of punishment which will re ceive the sanction of publick feeling, executed to its full extent, will have a more salutary effect in restraining crime than greater severity, which enlists publick sympathy into the service of those combined outlaws, who make it a part of their operations to procure pardons for their associates in crime. W e can indulge but a faint hope of re formation, in one, who has suffered a term of punishment in a state prison, without correction of his evil propensi ties; and the publick owes it to the safety of the citizens, to shut out from the w'orld, in most cases for life, those who are returned to prison on second convictions. As intimately connected with this subject I earnestly solicit your atten tion to the condition of our county jails, and the punishments for petty offences. The greatest defect in our former mode of treating state convicts, was the ne cessity of imprisoning them, of all ages and grades of crime, in the same room, whereby they mutually contaminated each other; and those who entered fresh in crime, came out adepts in all the arts of mischief. Success has crowned our Efforts to correct this evil in our state prisons, by means o f sepa rate dormitories, and associated silent labour; but our work will be incom plete until our county jails cease to be the primary schools of vice. As they are now constructed, the novice, tbe youthful transgressor, and the merely suspected, are crowded into rooms with the petty convict, the old marauder, the confederate, and the graduate of many prisons. Secluded from obser vation, and compelled to be idle, they indulge in wicked discourse, and such social vices as are within the means of enjoyment: Here, the arts of accom plishing deeds o f villany are communi cated, and illustrated by tales of adven tures, and all the captivating minutiae of heroick and eventful lives, until the novice becomes initiated in the myste ries of crime, and waits impatiently for an opportunity to commence a career of wickedness. I submit to your con sideration the propriety of enlarging the provisions of the revised laws, so as to prepare the way for executing a plan of separating offenders, confined in county prisons on sentences, from those who are committed on suspicion; providing separate dormitories for a ll; and for the regular daily employment of convicts at some useful trades. By these means, the county expenses of prisons, as well as the amount of crime, would be very much diminislied- The expense to counties, under our present system of supporting convicts in county jails, is very considerable: and those v.feo have had experience in th e proceedings o f crim inal courts, know, that very inadequate punishments are frequently inflicted for m isdem e a n ors, in consideration of the burdens which a protracted imprisonment impo ses. The convictions for petit larceny, second offence, are very numerous, and constitute a large proportion o f the in mates of our state prisons. There are now in the state prison at Auburn eighty-one of that class of convicts (a great proportion of them boys, from twelve to twenty years of age, and blacks, male and female) out o f 627, the whole number confined there; and 57 out o f 584 , the whole number of con victs now in the state prison at Sing- Sing. Persons are convicted, a second time, for trifling larcenies, and often sent to the state prison, it is believed, to relieve a neighborhood of a pauper, or of an idle or troublesome person. Should they be included within county arrangements, it might save the stale much expense hereafter, in the multi plying or enlarging our magnificent and costly edifices for state convicts. The evils of county jails, to which T have alluded, are more apparent in our large cities, where great numbers of all conditions are huddled together in an a t mosphere most pestilential in its physical and moral effects. The experiment for remedying these evils, might be made there, and the propriety of extending the principle to other counties, or sev eral associated counties, determined. So far as relates to the punishment of petty convicts, the city of New-York has already erected a building upon this plan. I advert with great satisfaction to the high state of improvement,and pros perous condition, of our state prisons. That at Sing-Sing is not yet finished, but the prison at Auburn has been in operation a sufficient time to enable us to judge of the influence o f our system of prison discipline in reforming offend ers, and its bearing upon the finances of the state. The reputation which this system has already acquired, not only with our sister states, but in Europe, is a matter of just state pride; and should stimulate us to further endeavours to aid the cause of humanity at large, by the influence of our example. -The radical vice of old prisons is corrected in the plan of our buildings, which are con structed with a separate dormitory for every convict. Workshops are built in during the day, at all the various rae- chanickarts; and each man maybe put to that business which suits his capacity his health, and former habits of life. They are kept in small companies, con stantly under the eye of a keeper, who has charge over them from the time they leave their cells in the morning, until they are returned to them in the eve'ning. A secret avenue surrounds the workshops at Auburn, wlfere, by means of small glass openings, each convict, as well as the keeper over him, may be seen a t any time. Through this avenue, strangers are constantly intro duced to see the convicts, and the supe rior keepers patrol them at pleasure, without the convicts or subordinate keepers being conscious of their pre sence. The convicts are provided with all the necessaries of life, subjected to reasonable hours o f labour, not suffered to speak during the day, and returned at night to solitude and darkness, to reflect upon their past misspent life, and form resolutions for future amendment. To aid these operations of the mind, the ignorant are instructed by means of suitable schools, and a minister of the gospel, supported by the state, employs portions of his time in visiting and con versing with the convicts, at their cells, and performing divine service with them collectively, at stated nmea. They en joy, by regular and suitable alternations of labour and rest, all the comforts which are compatible with their condi tion. They exhibit a remarkable ap pearance of health, and work with in dustry and apparent cheerfulness.— These are the powerful means which are brought to bear upon their reforma tion, and produce a submissive and pen itential state of feeling'. From the old and long practised cul prit, It is vain to expect reform, by hu man means; but the inquiries which have been judiciously and extensively made, to ascertain the effects of our prison discipline upon those who have been subjected to it, have resulted in establishing the fact, that nearly all who were young, and convicted for first of fences. or whose crimes have proceeded from ignorance, intemperance and idle ness, have become useful members of society. The experience o f the prison at Au burn, also shows, what has been rea sonably doubted heretofore, that the la hour o f th e , convicts may be made to supply the expenses of the establish ment. . During the last three or four years, the earnings o f the convicts have produced a surplus, after payingTor the supplies and government of the prison; and it is fair to infer, that hearafter the funds of the state will be relieved from that, hitherto, most oppressize burden. It, however, must not be forgotten, that very much of the success of these establishments depends upon the ability of the persons placed at their head. Thus far the state has been exceedingly fortunate in being able to command the services of gentlemen of the highest respectability and talents. To preserve what is good, to correct what is evil, to amend where errors have been committed, to know that the officers of the prison are faithful, and that the commissioners and inspectors are attentive and discreet in all things entrusted to them, and to make the two institutions conform to each other, and to place both on the best foundations, I conceive there is a manifest propriety jii the legislature appointing, from time to time, a committee from their body to visit both prisons. I recommend it at this time with the more confidence, be cause it is not anew measure?two such committees having been heretofore ap pointed, and because tjie Sing-Sing pri son will soon be finish^, and pUc^-d un der a new discipline. Among the preventives, as well as correctives, of crimes, may placed many of those charitable institutions which owe their origin to the enterprise and liberality of benevolent individuals, with timely contributions on the part the state. In these efforts, the city of New-York, containing within itself, as well abundant objects of charity, as a great proportion of the population, in telligence, benevolence and wealth of the state, is proudly conspicuous. The infant schools, orphan asylum and house of refuge, are among the most useful of these institutions. The infant schools are of recent in troduction, and although the means of the society are not adequate to the w a n ts o f t h a t portion o f th e d e s titu te who are the objects of their care, yet sufficient has been done to prove its ex ceeding usefulness. This noble charity is looked upon with great interest by those who feel for suffering humanity, and who have enlightened notions of the effects of early impressions upon the human mind. They receive into these schools the children of the poorest class of the city population,who would proba bly be overlooked in the great mass of human beings, and be suffered to grow .up in ignorance and vice, but for that active charity which seeks to do good. Children are received at the early age of eighteen months, and taken care of during the day, while such o f their moth ers as are well disposed, pursue their daily labours. None but those who have witnessed the discipline of these schools and its effects, can have an ade quate idea of the amount of useful knowledge which can be conveyed by an ingenious and novel mode of instruc tion, into the minds o f these small chil dren. It is to be hoped that the atten tion o f humane individuals will be more effectively directed to this subject, and that by their contributions and suitable aid from the legislature, the amiable la dies who have these institutions in charge, may be enabled to extend their care to all who aver in a condition to need it. Benevolent institutions o f this kind, properly belong to our great towns. In the country and smaller towns, individ ual distress becomes known, and is re lieved by individual exertions; and there are not usually a sufficient number of persons at leisure, to conduct schools of this description. O f the same character, and equally creditable to the ladies who patronize and direct it, and equally deserving of publick encouragement, is the Orphan Asylum in the city of New-York.— Children who are destitute of parents, friends and home, are sought out and placed there, where their natural wants are provided for, and they are instruct ed in the elements of learning and the principles of good behaviour, until they are o f sufficient age to be bound out to proper service. The House o f Refuge was established by an association for the reception of juvenile vagrants and delinquents, and receives minor convicts from every part long lines. The convicts are employed,-, state. They are there kept un der a strict and wholesome discipline, and are instructed in trades, and in the rudiments o f education, until they are sufficiently reformed to be bound out or discharged. These institutions, together with the several kindred establishments in other ■ \ cities and large towns, many oYvyvhich are entitled to equal commfendatioiij and the numerous chanty & j^unday schools throughout the state, are exerting^.^a great power in the prevention of pau\ perism and crime. In the country, where labour is well rewarded, and the means of comfortable, nay luxurious subsistence,are within the reach o f eve ry one not disabled by disease or old age. It is manifest that the greater part of pauperism and crime results from idle ness and intemperance, and that want of instruction and bad example are the primary causes of these vices. The in stitutions which I have noticed, strike at the root o f the evik Most of them have been liberally patronized by the state, and some of them have received all the aid which their exigencies de mand. Among the numerous other charitable institutions which adorn the city o f N. York, those for the education of the deaf and dumb, and for the care and restoration of insane persons, stand con spicuous. They have been cherished by the legislature, and will not cease to be interesting objects of its regard. But it is deserving of consideration, whether the poor o f the latter class are sufficiently provided for by our laws. By the census of 1825, it was ascertained that there were at that time, 819 insane per sons in this state. -Of these, 263 were of sufficient ability to pay for their own sup port; 208 were in jail orsupporied by chari ty; leaving three hundred and forty eight insane paupers at large, a terror to others, ar-d suffering m addition to mental derange ment, all the privations attending penury and want. The condition of those under poor house regulations, or confined in jails, IS, if possible, worse No person of sen sibility can look upon those sufferers in their -«ma!! cells, surrounded by a bad at mosphere, sometimes ctiained to the walls, and wifne's their dejected or wild des pairing looks, or franfick madness, without a feeling of horror. No restoration can be hopeii for under such circumstances; indeed the instances are not rare, of persons slight ly deranged, becoming incurable maniacks by thes\ injudicious means. The contrast of their condition with those in the luna- tick asylum in New-York, is very striking. In the latter place, every thing is sp-icious, cleanly and pleasant to the eye—the inmates are suffered to be at liberty, and range in the open a r, in an enclosed ya.id—:they are treat ed with kindness, and their innocent whims indulged. The consequence is, that many who are placed there, are restored to reason, ami dischaiged after a short period, to en joy ihe society of their friends. It speaks much in favour of the ability of the keepers, attendants and superintendents of that in teresting institution, that during my visit there last summer, but one out of sixty or seventy, then under their care, was in close confinement. But that institution is not designed for general charity. It receives those only who are able to pay for their support, and such paupers as are sent by the authorities of the several towns, and paid for out of the poor fund, at a certain price, stipulated bylaw, l -snl mit to your consideration, the proprie ty of establishing an asylum for the gratui tous care and recovery of that roost destitute class of the human family, who are suffering from a darkenod understanding and the evils of poverty at the same time While roam ing at large, they are dangerous to the per sonal safety of the citizens, and many crimes of the deepest die, have been excused, on the plea cf mental alienation. The ties of natural affection frequently impel relatives who are struggling with poverty themselves, to afford that relief which is a publick rather than a private duty. , Our poor laws, originally founded upon fee English system, were pregnant with all its evils. Conflicts between towns, relative to the settlement of the poor, were accom panied by expensive litigations; paupers were, suffered to idle at private lodgings; m ’ 'hose whose decrepitude demanded care & K’odness.t'requenfly .suffered from neglect and rru'lty, without Ihe means of redress. A few years since, »n entire revision of th- sys'em t -ok piace. Countie.s were au- t* orized by l&v. to purch.ise farms, and erect bou''es upon them, for the receptioti and em ployment, so far as they were able to work, of >il the poor of the county. The di«tinc- tion be’ ween county and town poor, and all the regulations for the transportation and set- ilcmevii of the poor, were abolished. Ma ny counties h’dvf made the experiment, .ind 1 am persuaded, that the tendency of the new regulations has been to keep idlers away from situations where they are ex posed to a rigid superintendence, and com pelled to work; to provide better for the sick and disabled; and to lessen very much the expense of supporting the poor. The reports, which the revised laws require the county superintendents to make to the se cretary of starte, I hope will present such a favourable view of the new system, as to induce the legislature at no ilistani day, to render the adoption of it imperative upon all the counties. A sense of the importance of common education, has been strongly manifested by the legislature, iu setting apart an ample fund for that purpose An enlightened peo ple will not Iiv< under a government where their rights are unnecessarily abridged; and a free government can not be maintained by an ignorai t population. The enlightened mind, while it discerns the truth, looks with indulgence upon the errors of opinion, re ligious, political or social, which others may entertain; and in our government, where every measure depends upon the publick voice, our reliance must be placed upon the gt neral intelligence of the people, for ex emption from those civil disorders which have put a short period to the duration of free governments, in whatever other nation or time they may have existed. But I need not press this subject. ^ The capital of the common school fund consists of $1,661,081, in stocks and other securities; and 889,000 acres of land,— The productive fund is augmented annually by the sale of those lands, and sufficiently tf- meet the increasing demands upon it. I regret to say, that the principrl of the fund has sustained s diminution, during the past year, of $50,000 by the failure of the Mid dle Disfrict Bank. The revenue for distri bution the ensuing year, is estimated at $109,981. The common school system is yet in its infancy; and as the attention of the legi.«Ia- ture will be constantly directed to it, as one of the primary interests of the state, the de fects which wisdom points out will in time be remedied by their wisdom. The returns for the past year show, that school districts have been organized iu almost every neigh bourhood in the state, amounting in the whole to 8847; and Ihut 8270 have made re turns according to law.—238 new districts have been formed; and the districts which have made returns, exceed by 106, those of the previous year. The aggregate number of children over five and under sixteen years of agj, in the districts which have made re turns, is 468,257; ant'.480,S25 children have been taught an average time of eight months during the year. The increase of children between the ages of five and sixteen, in the same districts, is 19,144; and the increase in the number instructed, is 12,120. The publick money paid to the school dis tricts during the past year, is $214,840. Of this sum, $100,000 was paid from the reve nue of the school fund; and the residue was derived from a tax upon the towns, and par ticular funds possessed by some of them. In addition to this amount, there has been paid in the several districts, $297,048; ma king a total of $511,888 paid for teachers’ wages alone,in|thecom. schools of the state. The want of competent teachers is a diffi culty which has been experienced, and still exists. To devise a remedy, is well worthy \‘ I of fur ther efforts. The course of eilucatioD might be advantaieohsly varied under com petent teachers, by introducing among the early studies pf children, those eleipents of the natural sciences, which are easily com prehended by means of sensible illustrations, 'apd which impart a knowledge of things us'ei'ul ^ agricultural and mechanical pur suit^ OuTyStatehas not been unmindful of its instituiioDS for instruction in the higher de partments of literature. The revenue from a Iiteratui|e fund is annually distributed to our academies; and of our four colleges, three havepeen amply endowed. Those in New-York i^nd Schenectady continue in a flourishing ediulition; and that at Clinton, in Oneida county, exhibits symptoms of re viving energies. The college at Geneva, which has received no other favour from-the state than jts charter, has been labouring un der peculiar difficulties for the last two or three years; but hopes are entertained that it will recover, and it has at this time an in creased number of students. The classical learning taught in these seminaries is a use ful preparation for the learned professions, polishes and refines society, and sheds a lus tre upon the country. As its attainment is generally sought by the more wealthy, it does not need that fostering care of the government, which is indispensable to the dissemination of common learning, yet no wise government will be inattentive to its wants. 1 notice with peculiar pleasure the various private schools for instruction in the liigher branches, established by individual enterprise, in several parts of the State. They ask no 'aid from the government; are generously patronized by the publick; and are, for the most part, conducted by geiitle- roenof high characters and great literary at tainments. Their multiplication and suc cess afford evidence that the profession of \ teaching is taking that elevated rank in so ciety, to which it is entitled! by the impor tance of its duties. Our medical colleges, established by the authority of the State, at Fairfield and New- York, continue under the care of learned and talented professors, and are rising in the publick estimation. At Fairfield there are now 160 students attending lectures; 138 of that number are from various parts of this State, eight from the New-England states, nine from Canada, three from Pennsylvania, one from North-Caroliiia, and one from New-Jersey. The whole number at New- York is 117. Under judicious regulations, and the protection of the State, there is rea son to believe that the usefulness of these colleges will increase, and that they will speedily rjval the most flourishing institu tions in the country. The great interests of agriculture and manufactures, have strong claims upon your attention. A state of the world is fast ap proaching, if it has not already arrived, in which it will be necessary for us to supply our wants by our own industry. Interna tional commerce will be restricted to fewer, or other articles; and our pursuits must ne cessarily he more diversified To increase the variety of productions, and thereby en large the materials for internal trade, is an object worthy of the paternal care of the government. Our soil and climate are adapted to the cultivation of many articles of great commercial value, which have not hitherto come within the range of agricul tural operations, for want of a knowledge of the process for producing them. The most important of these are^the articles of silk, wines and hemp* They have all been par tially attempted in this latitude of our coun try, with great success. Among the matters of interest relating to this subject, and which promise to satisfy the desires of those patriotick individuals, who have laboured to introduce more sci ence into practical agriculture, I notice, with pleasure, the dawnings of ascientifick agricultural education. A school for that purpose is established in Oneida county, which has placed itself in the class of ilitera- ry institutions under the care of the regents of the university. Students are there in structed in scientifick aud practical agricui- turv; are compelled to go through all its manual operations, and pay for their in struction by their labour. A principle, sim ilar in some respects, is introduced into the polytechny at Chittenango, founded by and under the superintendence of Doctor Yates. In his school, which is designed to carry a pupil through all the sciences, he has pro vided for the instruction of such youth iu the principles of husbandry, and other branches of education, as will volunteer to labour for their tuition and support. It is also deser ving of BQtice, that he has admitted the students to a share in the government of his school. He has established a miniature ieg'isinture for passing laws, ana courts for trying offenders, where all the forms of election, legislation and judicial proceed ings, are observed. The students are rep resented in one branch of iheir legislature ; the faculty form another, and the principal has a veto. A judge- is appointed from among the officers, to preside in the court, for the trial of offences against their laws, with an appeal from the decisions of the court to (he faculty and principal. The General Fund, on the 30lb day of November 1828, consisted of the following items, to wit; Canal stock bearing an interest of 5 per cent, $280,000 00 Bank stock,^deducting $15,000 ■ lost by the failure of the Hud son bank,) Bonds and mortgages for lands sold. Do for loans to individuals & others. Do for sundry debts due the State, 112,740 00 818,826 00 395,100 00 23,319 00 Total. $1,629,985 i)0 The estimate of the revenue from this fund, for the year ending SOth November 1829, was $172,550, including the following items, which were not revenue, but capital, to wit: Principal to be received on bonds and mortgages on lands sold, $30,000 Do on loans, 20,000 To be received on first payment for lands, 5,000 85,000 Leaving the estimate of income only $117,650 The estimate of expenses for the same year, ending Nov. 30, 18M,was 291,500 Thus it appears that the ex penses of that year, as estima ted, would exceed the income of the general fund, 173,950 To meet the claims upon the treasury, and the expenses of the government for the year 1829, the canal stock belonging to the general fund ($280,000) has been sold, and that fund is indebted to the literature and school funds, to the amount of $158,365. The amount of bank stock has been also diminished $20,000, by the failure of the Columbia b.mk, during the past year; as it is supposed that the capital of the bank has been entirely lost. The items which now compose the gene ral fund, are:— Bonds and mortgages for lands sold, $806,813 Loans to individuals and others, 386,895 Sundry debts due the state, 23,319 And available bank stock, 92^740 Making the total amount of the productive capital of the general fund, $1,309,267 There is also about 120,000 acres of land belonging to the general fund, but most of this land has been bought in for taxes, and is of little value. About 26,000 acres is \all from which the state can expect to re ceive avails, in aid of the treasury. The state owes no debt, except on. ac count of the canals. The ordinary expenses of the govern ment for the ensuing year, are estimated at $264,000; to which is to be added $158,- 365.14, the amount due from the general fund to the literature and common school funds; making, an aggregate of $422,365.14< The means to meet these demands, consist of the avails of the contemplated sales for taxes, interest payable on bonds and morU gages, miscellaneous sources of revenue, and the balance in the treasury, the whole of which are estimated at $306,393.56; shewing a deficit of $115,971.58. To meet which, resort may be had to the sale of the bank stock, 92,740 dollars, and so much of the principal of the bonds and mortgages as can be collected. On the SOth November, 1826, the gene ral fnnd amounted to $2,637,936 And a balance in the treasury on that day, including the last receipt into the treasury from the half mill tax, (amounting to $147,534,) applicable to the ordinary expenses of the go vernm ent, was 264,246 This balance was reduced on the 30th of November, 1827, to the sum of $115,028. Showing a consumption that year, beyond the revenue arising from the general fund received into the treasury, of $149,218. The deficiencies in the revenue since the year 1827, have been supplied, solely, from the balance then in the treasury, and by the consumption of the principal of {he general fund. On the SOth November, 1828, the bal ance in the treasury bad been expended, $20,000 of the canal stock, belonging to the general fund, had been sold and expended, and Ihe treasury was indebted $68,837, for the expenses of the preceding year. The consumption in the year 1828, be yond the receipts into the treasury, was as follows, to wit:— Balance in the treasury SOth November, 1827, ‘ $116,028 Canal stock sold, 20,000 Claims upon the treasury, 68,837 Making $203,865 From the above causes, and by legisla tive acts in 1827, tranferring— Canal stock to the literature fund, $150,000 Bank stock to the school fund, 100,000 Balance of the loan of 1786 to do. / 33,616 By the sale of the Seneca lock na vigation stock, 23,218 And by the receipts of the prin cipal of debts for lauds sold, 32,427 Total, $339,261 And by the subsequent receipts of the prin cipal of debts, the general fund is now re duced as above stated to thesumjof $1,309,- 267, leaving claims upon the treasury for the balance of expenditures for tile last year to a considerable amount. By the foregoing brief view of our finan ces, it will be seen that the general fund is rapidly diminishing; that our reliance for meeting future calls upon the treasury, to defray the current expenses of the govern ment, js principally upon the government debtors, and that an active collection of those debts must be immediately commen ced. If taxation is delayed a few years, the general fund will be entirely exhausted, and it will be necessary then to provide by tax, for thtf whole amount of the annual expendi tures. I have thought it my duty to lay this Statement of (he condition of the treasury before you, for the purpose of submitting to your consideration, whether it is good econ omy, whether it is compatible with the du ty which the government owes to a pro gressive improvement of the condition oi the state, to exhaust the general fund, and rely, in future, entiiely upon direct taxa tion for the means to defray the annual ex penses of the government, to give effective aid to necessary charities, to advance the interests of knowledge, to multiply the ob jects of industry, to facilitate the means of internal communication and commerce, and to perform those other acts of sovereignty which a government owes to the prosperity of its citizens and to its own glory. This is an interesting crisis in the affairs of our state, and a heavy responsibility rests upon the present, and upon the imme diately succeeding legislatorcs. Our funds are diminishing to a point, while an exten sive view of great national prosperity is opening upon us. We may enter and pos sess ourselves of its realities, or by a timo rous, hesitating and narrow policy, it may pass by usks an unsubstantial vision. Our state has doubled its population with in the last twenty years, and has quintupled since 1790. In that voar it formed less than a tenth of the population of the United States; it now forms aeeventb: thus show ing that it has increased in population be yond all example, and more vapidly than its proportion orthe astonishing increase oi the population of the United States. Although, like its sister states upon the Atlantick bor- dei, it -is pouring its thousands and tens of thousands into the great central valley of the w e st, its own increase has not b een materi ally retarded, it has now a population not far from one million nine hundred thousand, and is capable of sustaining at least eight millions of souls. And when we contem plate those changes in the pursuits of in dustry, 'which tend to compress us into more dense communities, and consider our capacities for abundant productions within a small compass, in the fertility of our soil, in the riches of our mines, and in our hy- draulick facilities, we have great reason to believe, (hat the time is yet distant, when, under a judicious administration o f affairs, a decline inlhe ratio of increase of wealth and population will be discernible Is it not our duty, by a wise forethought, to lay the broad foundation of a policy .adapted not only to our present condition, but fittad to sustain the state in her future progress to a glorious maturity ? -A system of progressive improvements, bj jneans of rail-roads and canals, has be come engrafted upon the policy of our state, and should be kept steadily in view. The benefits which their construction will con fer, depends upon the prudence of the legis lative enactments concerning them. The canal debt, on the 1st day of Jan. 1829, amounted to the sum of $7,940,155 Erie and Champlain canal debt— In 6 per cent stock, 2,943,500 5 do 4,409,665 ----------- 7,353,155 Oswego canal debt— In five per cent, stock, 437,000 Cayuga & Seneca canal debt— In five per cent, stock. 150,000 Making the above amount of $7,940,155 Of this debt there has been paid during the year ending on the 31st December last, of the 5 per cent. Erie and Champlain canal stock, the sum of $321,142 The Cayuga and Seneca canal debt has within the same time been increased by the issueof 5 per cent, stock, $87,000 The whole canal debt, therefore, stood on the 1st day of January instant, as follows. Erie and Champlain— 6 per cent, stock, payable 1st January 1837, $2,943,500 6 per cent, payable in 1837 & 1845, 4,088,513 $7,032,013 Oswego— 5 per ct. payable in 1845 & 1846, 437,000 Cayuga and Seneca— 5 per cent, payable in 1846, 237,000 Making ' $7,706,013 The tolls received upon the canals during the year 1829, cannot yet be exactly ascer tained, but It IS supposed that the amount received upon the Erie and Champlain ca nals will not vary far from $790,983 From this sum there has been expended by the commissioners, superin tendents, collectors, and other canal officers.about $310,099 For interest of debt, 387,035 ----------- 697,134 Leaving of tolls to be applied to (he debt, $93,849 In addition to this, the receipts fr«m Ihe auction duties belonging (o (hii fundf will be about From salt duties, about From other sources, about. 209,05 jj 140,844 27,781 Making $471,526 derived from the Erie and Champlain ca nal fund, to be applied towards the pay ment of that debt. The receipts from tolls on the Oswego canal will vary little from $9,314 There has been received by tho payments of tlie principal and in terest pf bonds for lands sold, be- longinli: to the Oswego canal fund. And frmn leases of surplus w ater. 6,607 723 \ M aking $16,644 There has been expended by the superintendents and collectors, a- bout the sum of $14,585 For interest of debtr 21,850 -------- 36,435 Leaving a balance against (he fund, of $19,789 The claims against that fund have been answered by an exchange with the Erie am] Champlain canal fund of bonds for lands sold, for stock which has been converted into money, and by money borrowed of that fund, for which a balance now remains due of $11,613 There is belonging to the Oswego canal fund in lands, and bonds for lands sold, from $150,000 to $200,000. There is no auxiliary fund belonging to the Cayuga and Seneca canal. The toils received during (he last year will not vary far from j^7,906 The expenses of superin tendence and collection for the last year, exclusive of the expenses of the com missioners, will be about ^9,049 Interest upon the debt, -9,956 -------- 19,005 Leaving a deficit in the revenue of $11,100 The funds which have, thus far, been ap. plied towards the reduction of the interest and principal of the Erie and Champlaiu canal debt, have been derived from tolls, from the duties on auctions, and salt manu factured within the state. These funds were appropriated by the law, authorizing the construction of these canals, and have always produced mote than enough to pay the interest. They are guaranteed by the constitution, and cannot be diverted to any other purposes, until the objects of their appropriation are fulfilled. The demands upon these funds for the payment of interest aud repairs, and other expenses, although considerable, will be satisfied, and still leave a large annual surplus, applicable to the extinguishment of the principal; and we have the pleasing prospect, that in a few years that debt will be entirely extiq- guished. The payment of the debt, however, may be retarded by various causes: The carrying may be diverted, into other channels—more serious repairs may be necessary than have been experienced or expected—new locks and double locks, and other facilities for expediting transportation, may become in dispensable—a change may be wrought in the policy of our laws, materially aSfecting the duties—and when the debt is paid, or nearly so, modifications of the tolls, and of the salt and auction duties, may be deemed politick, just and necessary. Our funds, however, applicable to the ex tension of our publick works, may be aug mented, at no distant day, from a new souice The duties upon the importation of merchandize are secured by the constitu tion of the United ^States, to the general government, and have been its source of revenue for all purposes. In a very few years, the national debt will be paid off, and as but a small portion of the revenue will be ronsumed in Conducting the affairs of the Union, within the constitutional limits, and as there are prudential reasons for con- tiouiug the duties to a certain extent, there ran be no valid objection to the distribu tion of the surplus revenue among the states, to be disposed of at their discretion. If constitutional obstacles exist against the measure, they may be removed by constitu- tutional means. During the last session of the legis lature, laws were passed directing sur- \veys and estimates tb be made in re ference to the construction of the Che nango, Chemung, and Crooked Lake canals, and authorizing the canal com missioners to construct them on certain conditions. The officers who have made examinations in relation to these contemplated works, will furnish you with such information as will enable you to act understandingly, and adopt such further measures as may be required. The loan of the credit o f the state to the Hudson and Delaware canal compa ny, l a s t w in ter by au th o r izin g issues of stock to the amount of ^300,000,1 am happy to state, has enabled that compa ny to complete their work. They have sold 1^58,000 of the stock, and pledged the residue for money borrowed, except ^37,000, which they have not needed. They commenced transporting coal ia October, and on the 19th day o f Decem ber last, had delivered, a t tide water, on the Hudson, seven thousand tons, of a good quality, which was immediately sold at from $7,50 to g8 per ton. The company is now making arrangements to transport the next season, upon their rail-toad and canal to the Hudson, 360 tons per day, which, I am assured, they will be able to sell to purchasers at re duced prices. During the session o f 1818, the Gov ernor was authorized to settle the claims of the state against the United States, for aid of various kinds afforded them during the late war. Negotiations were entered into, and considerable re payments were made on that account, although claims to a considerable a- mount remain to be adjusted. Further negotiations were suspended by the re peal of that law in 1826. There is? however, an acknowledged balance on the property account, for arms and e- quipments. It would be desirable to re ceive that balance in field ordnance for the supply of the artillery companies, forty of which are now destitute, and our asenals do not possess the means of supplying their wants. It is submitted to your consideration, whether you will authorize the negotiations to be renewed for that purpose. At the same time, another matter of much moment might be made the sub ject o f negotiation. The fortyfying the harbour of the city of New-York, the commercial empori um, not only o f the state, but of the na tion on the eastern border, is of the first importance in case o f war, and has attracted the attention of the general government, which is now erecting a ve ry strong work. Port Hamilton, on the eastern side o f the Narrows. The out er defence of that harbor will not be complete, until a similar erection is made on the opposite side; and I perceive that the government contemplate a work there, as part o f their cordon of defence for the sea-board. During the late war, the State expended a t least ^350,000 on, works a t that point, known, as the for* tifications on Staten Island, which were never entirely finished and are now in ft state o f decay. The advanced state or other similar publick works, and the prosperous condition o f the finances ol the general government, indicate the present as a favourable time to treat to'- the sale of those works to the govern' If