The New York Herald Newspaper, January 5, 1843, Page 1

THE NEW YORK HERALD. Vol, IX,---No, 5, Whole No, 3218, NEW YORK, THURSDAY MORNING, JANUARY 5, GOVERNOR'S MESSAGE. To the Legislature of the State of New York : Fet.ow Crrizens—The Constitution makes it the duty of the Governor to communicate by message to ee Legislature at every sesgion, the condition of the State, and recommend such matters as he shall judge expedient, and take care that the lawsare faithfully executed. i i T have entered upon the discharge of the responsi- ble duties of the Executive Department of the gov- ernment with a proper regard, as! trust, for the im- porsant obiigations imposed upon me. For the fiat time since the organization of the ment, the Chief Magistrate has been selected rom the agricultural portion of the community.— Whatever distrust I may feel intaking upon myself an untried station of se much importance and diffi- culty, Irepose with confidence on the guidance of the Almighty; on the co-operation of every depart- ment of the government, and onthe indulgence of a generous People, who are always ready to overlook unintentional errors. To you, asthe immediate representatives of the people, belongs the duty of making ample provision toenforce a strict compliance with the constitution and laws; to simplify, expedite, and cheapen all the proceedings of the courts of law and equity; toplace every SepaTtinge OF, the government under a rigid accountability, upon principles ef economy; to see that the public faith is sacredly maintained, and the credit of the State kept unimpaired; to lessen as far as practicable the burthens of taxation in all its ram- ifications, to give the greatest possible efficiency to our system of internal improvement, having refer- enceto principles of public utility, and a careful re- gard for the interest of every portion of the State; to facilitate the use of canals and roads already con- structed; to see that our penitentiary system answers the great end of preventing crimes, and punishing and reclaiming offenders against the laws, upon prin- ciples of humanity; to see that all our charitable and benevolent institutions ef a public character are made to accomplish the objects for which they were designed; to see that the banking institutionsare plac- ed upon a basis that will enable them, with an hon- est administration of their affairs, to command pub- lie confidence, and subserve the legitimate objects of theircreation; to give the utmost efficiency to the several departments of education; to protect and promote the interests of the agricultural, mechani- cal and laboring portions of the community; to re- strain corporate bodies from all abuses of power, to take care of the public health, and to maintarn the elective franchise in its purity. _ As Americans, we occupy the rare and proud po- sition of having established the practicability of free government. The constitution has undergone the test of more than half a century, and although our popular elections have on several occasions been conducted under circumstances of high excitement and personal acrimony, yet the prevailing party, with a single exception in a sister State, has been permitted to administer the government without molestation, It must, however, be admitted, that party strife is sometimes carried to an excess highly prejudicial to the interest of the people. Differences of opinion, under a republican government, in rela- tion to measures of public policy, will necessarily exist, and when discussed in aspirit of liberality and candor, willexert asalutary influence. If Ido not very much mistake the feelings of the people, they desire repose from high party excitements in an ex- emption from those frequent changes in public mea- sures thet affect the business relations of the coun- try; and I indulge the confident hope that the Legis- ture will co-operate with me in acting upon the prin- ciple of placing the public welfare above all mere party considerations. Daring the ear, the earth has been uncom- monly fruitful, and at no former period has there been so large a surplus of agricultural productions. r country, and particularly this State, has been nally exempt from those ravages of disease with ich we are sometimes afflicted. Peace prevails on all our borders, and several questions which threatened for a while to disturb our foreign rela- tions, have adjusted in a spirit of conciliation. For these blessings, and our distinguished pai vilee ds, as a peopl>, we should bow ingratitude and humility to that Almighty power that controls the universe. Were it not tor the great excesses ;revious to 1887, when agriculture was neglected, when extrava- gance and an inordinate desire for wealth prevailed, and the whole nation was deluded by a fictitious prospenity, the people would now be comparatively appy in the full enjoyment of ease and plenty. Although the country is in possession of an un- common surplus of the products of labor, yet busi- nessis depressed, and the people are embarrassed in all their moneyed transactions. This should doubtless be charged to the fact that fictitious prices, gad an inordinate desire for wealth, have led to ¢ contracting of debts which the products of the country, at the present low prices, do not furnish the means of paying. it I am confident that this state of things is az Foing, through a salutary change. The people doubtless see the necessity of more econo- my in all their aftatrs, and the evil consequences of asystem of credit altogether too much extended.— Tam also confident that they will not again be so easily misled by the fallacy of artificial means to make them prosperous; and that they have become convinced that substantial wealth can only be de- rived from productive labor. There isno nation so highly favored as the people of the United States, and if they Weorerly improve the advantages they possess, time will show that in point of greatness are, as yet, in their infancy. . have been repeated instances in the history the administration of the federal government, where powers of legislation have been assumed de- rogatory to State rights. While the ‘States shoul! yield a ready obedience to the rightful authority of the federal government, they cannot be too watch- ful of their sovereignty, and no encroachment should be permitted to pass unnoticed. Within the last two years, there have, in my judgment, been eeveral unwarrantable assumptions of power on the part of the federal government. The right to collect money from the people, in any form, for the purpose of distributing the same amon; the States, has not been delegated to the genera ‘overnment. So long as the whole revenue of the nited States is aie for the purpose of carrying on the operations of the government, it mattera not what particular moneys are taken from the ‘Trea- sury for the purpose o{ distribution. Whether it be the proceeds of the sales of the public lands, or the ee oa of money collected from imposts, or b et taxation; itis nothing less than collecting money trom the people, for the purpose of returning 4 portion of it back to them in another form. And ‘as it must come back diminished in amount by the expenses and losses incident to the collection and re-distribution, the project is highly objectionable when viewed as a mere question of finance. But as an assumption of power which the States have not delegated ¢ to the general government, it is of dan- gerous tendency, and like all other encroachments of power, ought to be promptly met and firmly re- sisted. The Eaton can only be maintained, and our free institutions transmitted unimpaired to pos- terity, by poholding the sovereignty of the States, in all the rights which they have not yielded to the tederal government. BEd) Under apowerto “ make or alter” regulations in relation to the times, places and manner of holding elections for representatives in Congress, the pre- sent Congress has passed a law which, in effect, re- quires the several States to legislate in a particular manner, in relation to the choice of representatives. However unlimited may be the power of the na- tional legislature to “ alter” the existing regulations of the States, or to “make” those which are en- tirely new, it is impossible, upon any fair construc- tion, to maintain that the power to “‘make or alter” includes a pope to act upon the State Soype. and compel them to pass any particular law upon the subject. Asa question of mere ex diency, this measure was not called for. No State has ever omitted to make necessary regulations for the choice of representatives in Congress. But as an unauthorized exercise of power, it was, like all other encroachments by the Or Bi wi general government, highly dangerous to the stabilit ion. "Phe Constitution of the FedevaMcvereior overnment con- fers upon Congress the power to pasa “uniform laws on the subject of bankruptcy throughout the United States.” The meaning of a bankrupt law was well understood at the time the Constitution was adopted. It was a law which enabled the creditor to seize on the property of an insolvent debtor, and cause it to be distributed among all the creditors. It differ ed essentially from an insolvent law, which pro- vides for the discharge of the debtor on his own erect. for that purpose. Under color of the authority to pass a bankrupt law, the present pt bc hag assumed the authority of passing an insolvent law, and have provided that the debtor,on his own application and without the consent of his creditors, may obtain a discharge from all his debts. And this law was not made prospective in its opera- tion, but acted direetly upon existing contracts There is, in my judgment, no power in Congress to annul contracts which have been entered into be- tween the citizens of this State. The law is not only demoralizing in its tendency, but it rests on the as- sumption of a power which has not been delegated to the Federal Government. It cannot be denied that there has always been a clase of men in the United States, who haye been disposed tofgive to the government a strong tendency towards consolidation. While [ would not impugn their motives, I cannot withhold the expres- sion of my deliberate opinion, that they labor under a great and dangerous error. Nothing can be gain- ed to the federal government by exercising powers which have not been plainly delegated to it. On the contrary, I am firmly persuaded that nothing short of the complete sovereignty of the States, in all matters where they have not clearly surrendered their rights to the general government, can giye strength and stability to the Union, and secure in perpenalty, the blessings we so richly enjoy. And as I love the Union, I would firmly resist every usur- pation of power on the part of the national govern- ment. While we are thus careful to watch and defend our own rights, we are bound honestly and faith- fully to discharge our obligations to the general go- vernment, and to the several States with whom we are associated. By the compact under which the Unien exists, the States have made themselves a name among the nations of the earth; they have reared a bulwark for the defence of free institutions, and secured to the people advantages of the highest value, which could not have been mai.itained b separate, and perhaps rival States. As we pe the Union, we oug t carefully to abstain from all encroachment upon the legitimate powers of the general government, and scrupulously fulfil our obli- gations to the other States. So long as we remain in, and reap the advantages of, the Union, we are bound, by every consideration of honor and good faith, to yield to others what we demand for our- selves, an honest fulfilment of the compact by which, for many purposes, we are made one people. Ihave been led to this course of remark, from the eendency which has been noticed to strengthen the national arm at the expense o! the several States, and from finding upon our statute books laws which have been adjudged to stand in conflict with our ob- ligations to the other States. I allude to our laws relating to ‘‘ persons held to service or labor” in other States who may escape into this. The federal Constitution has provided that they shall not, “in consequence of any law or regulation” of the State to which they may escape, “be discharged from such service or labor ; but shall be detivere up upon claim of the party to whom such service or labor may be due.” In 1793, Congress passed a law pre- scribing the manner in which the surrender should be made, and forbidding all paeope under a heavy malty from interfering with the claimant. Our laws have thrown many obstacles in the way of the claimant in the assertion of his right. The princi- ple upon which these laws are based has been pro- nounced unconstitutional by our Supreme Court, and by the Supreme Court of the United States. That high tribunal made a decision at its last Janu- ary term, which goes the whole length of declaring our laws repugnant to the Constitution, and conse- quently void. After the question has been thus set- ued in the mode prescribed by the Constitution, [ submit whether these !aws ought any longer to have a place upon the statute book. It does not become us as a member of the confederacy to hold a lan- guage to our sister States which they may deem offensive, and which the common arbiter between us He declared to be repugnant to the national com- er “ Iwill not discuss the question of slavery. The abstract right to hold any man in bondage is a ques- tion upon which in this State there is no diversity of opinion. We have happily relieved ourselves from the evil of slavery. But we have no right to inter- fere with that institution as it exists in other States. We have virtually agreed that it shall not be done. and until we are prepared to break up the national compact, and take the hazard of a civil war, our eb- ligations to the other States should be faithfully discharged. ne The federal constitution has also provided that “‘a person charged in any state with treason, felony or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having Jurisdiction of the crime.” At the last session of the legislature, a concurrent resolution was adopted ES the two houses, declaring ‘that in the opinion of this legislature, stealing a slave within the juris- diction and against the laws of Virginia, is a crime within the meaning of the second, section of the fourth article of the constitution of the United States.” I deem it proper to say, that this resolution fully accords with my own judgment. Although such an act may not be forbidden by our laws, the stealing of a slave has been declared: to be acrime in other States; and if a transgressor of their crimi- nal laws flee within our jariediotion, we are bound by compact not to screen him. The constitution declares that he shall be ‘‘delivered up.” Instating thus frankly the opinions which [ enter- tain upon this delicate and important subject, I am aware that I may incur the censure of some, whose good opinion I should be glad to preserve. But I repose with confidence upon the great body of the people, who, I am persuaded, are not so blinded by passion or prejudice, that they cannot look upon the subject with candor; and who, whatever may be their private opinions, will not attribute my course to any other motive, than a sincere desire to pre- serve the Union, and to perpetuate the blessings of a free government, by a scrupulous discharge of the abligations of good faith towards our sirter States, Trecommend to your careful and attentive consi- deration, the subject of internal improvements by roads and canals, which are eminently calculated to aid the enterprise and promote the welfare of the people. There are few subjects in which our citi- zens feel a deeper interest, or that are moge int: mately connected with the character and pi rity of the State. But in making this suggestion, I must not be understood as recommending extravagant expenditures or ill-advised undertakings. The sys- tem should have far its object the general welfare, and asfar as may be practicable, should be based on an equal distribution of the means of the State for such purposes. JA pails debt is under all circumstances objec- tionable, and should never be incurred except upon the most weighty considerations. And in every in- stance where a debt is authorized, adequate: means and resources should be provided to pay the inter. est, and the power to liquidate the debt should be placed beyond the reach of contingency. As long as this rule is observed, the credit of the State will be preserved, and the public faith maintained. Ex- peaditures for roads and canals should not be based on revenue to be derived from indiscriminate taxa- tion. Such a system I regard as liable to very seri- ous objections. Few it any public works can now be undertaken and constructed that are not local in their advantages. A tax imposed directly upon the people, for such an bes oe would operate unequally, and be contrary to the genius of our government, which recognises no such principle. In all our legis. lation, we cannot too frequently recur to those first principles which lie at the foundation of our institu- tions, the adherence to which constitutes our surest hope for their stability. This State has constructed and put in about seven hundred miles of canal, and have in progress the enlargement of the Erie, the construc- tion of the Black River and Genesee Valley canals, the ea of the Oneida River, and has pur- chased the Oneida Lake canal. In addition to this, the State has loaned its credit to the following incor- porated companies :— Delaware and Hudson Canal Company, New York and Brie Rail Road Co, Ithaca and Owego Rail Road Co, Catskill and Canajoharie Rait Road Co, Auburn and Syracuse Rail Road Co, Auburn and Rochester Rai) Road Co, Hudson and Berkshire Rail Road Co, Tonawanda Rail Road Co, Long Island Rail Road Co, Schenectady and Troy Rail Road Co, ‘Tioga Coal, Iron, Mining and Manuf. Co, ration $5,295,700 The New York and Erie, the Ithaca and Owego, and the Catskill and beg Vigo Railroad Compa- nies, have failed to pay the interest on their loans from the State, and the two latter roads have been sold at auction, and the sale of the former postponed until the first Tuesday in May next. The New York and Erie Railroad Company have completed forty-five miles of its road from the Hudson river to Goshen, in Orange county. Be. tween this point and Binghampton there has com- paratively but little work been done. From the lat ter place to Lake Erie, almost the entire line of road isunder contract, and it is understood that upon portions of it a large amount of labor has been ex- pended. The company suspended operations on their works under contract [act spring, and remain largely indebted to contractors, laborers, tarmers, mechanics and merchants. tis, think, very much to be regretted that the company did not confine its expenditures to sections of the road and between points promising the largest accommodation by its use he act of 1836, au Lets 8 loan of $8,000,000 to this company would seem to have contemplated advances as sections of the Toad were completed. If the company had adopted this policy, a portion of the largesum which has been expended i betw. Erie, would have been rendered” on oe. oe The line of this road exte: : ing portion of the State, code lees ee zens feel a lively interest in its completion. The “ subject is entitled, and I commend it, to your care- ful examination. It is understood that the stockholders of this Com- pe have placed in power almost an entire new oard of directors, most of whom reside along the line of the road, and naturally feel deeply interested in its completion, It is perhaps to be regretted that the people of the southern tier of counties did not from the beginning keep this whole matter under their own control and direction. They had adeep interest in the judicious and economical expendi- ture of the means at the disposal of the compan and insuch a direction of all its affaires as would have drawn to their aid and support public conti- dence. It is to be hoped that the friends of this improve- ment will see in the exhibit of our financial condi- tion, that there are no means that would justify new engagements on the part of the State. T recommend a farther suspension of the sale of this road, and the enactment of a law yielding the oe lien of the State mortgage to such incum- rances as may hereafter be created by the company pe the Dapee of completing the roa or sections of it. The lien of the State mortgage should not be discharged until the Canal Board shall certify that the entire road, or such parts of itas may be designa- ted in the act, shall be completed in a substantial manner and ready for use. To enable the Canal Board to act understandingly, they should be au- thorized to appoint an agent at the expense of the company to examine the work as it progresses. | this recommendation should imeet the approbation of the Legislature, it is hoped that the company will feel jchcouraged to resume and complete this great work. The Catskill and Canajoharie Railroad Compan: have in operation twenty =ix and a half miles of road. 'f about eleven miles were added to this distance, which is estimated can be constructed for about the sum of $110,000, the road would be extended to the Valley Summit, a few miles from the rich valley of the Schoharie Creek. 1 cannot but hope that the entire road from Catskill to Canajoharie, will event- ually be completed. 3 _ In granting acts of incorporation for the construc- tion of roads or other purposes, the Legislature should rezerve such a control over the whole opera- tions of the company, as will ensure to the public the benefit proposed to be realized. The public work which has been put under con- tract, and is now pepented in an unfinished state, consiste principally of portions of the enlargement of the Erie eaiial Wetworn Schenectady and the west bounds of the city of Utica; between Syracuse and the village of Jordan ; between Lyons and the west bounds of the city of Bochester; at Lockport ; be- tween Black Rock and Buffalo; and also part ot the Black River and Genesee Valley canals; and the improvement of the Oneida river. ‘The work under contract for the enlargement and im- provement of the Erie Canal, including that which has been completed, as estimated at contract prices, amounts to $13,026,919 92 The amount that has been paid for work done under the contracts and upon those that have been cancelled, is $10,518,319 73 ‘The amount due and remaining to be paid for work done is 210,324 47 Making the total amount of work done 10,723,644 20 And the total amount of work remaining to be done to close the contracts $2,208,275 72 The work under contract for the construc- tion of the Genesee Valley Canal, includ- ing that which has been completed, as esti- mated at contract prices, amounts to The amount that has been paid for work done under the contracts and upon those thet have been cancelled, $3,120,881 34 The amount due and nin; 47,970 49 to be paid for work done, is Making the total amount of work done, 4,293,805 63 $3,163,851 83 And the total amount of work remaining to be done to close the contraet is ‘The work under contract for the co tion of the Black River Canal and E nal Feeder, including that which has been completed, as estimated at contract prices, amounts to The amount that has been paid for work done under the contracts and upon those that have been cancelled, 1,670,680 79 The amount due and remaining to be paid for work done is 4,676 37 Making the total amount of work done 1,675,357 16 1,054,453 95 1,760,046 12 And the total amount of work due to close the contracts, The work under contract forthe improve- ment of the navigation of the Oneida river, including that which has been completed, ‘as estimated at contract prices, amounts to The amount that has been paid for the work done under the contracts and upen those that have been cancelled, 53,963 04 remaining 84,683 97 ae 16,159 52 Making the total amount of work done to close the contract is The work under contract upon all the State canals, including the Oneida river improve. d the work which has been com- # estimated at contract prices, is 19,030,894 29 unt that has been paid for work done contrasts, and upon those that have been cancelled is 15,363,844 90 The amount due and remaining to be paid for work done is 262,971 33 Making the total amount of work done 15,626,816 23 And the total amount close the contracts, bana! Hes al ge 43,459,573 06 The legislature of 1842, convened at a Period of eat embarrassment in the financial affairs of the State. The treasury"was empty ; our credit serious: ly impaired ; the State stocks were selling at ruinaus sacrifices ; temporary loans were nearly at maturity; the time for the quarterly payments of interest on the public debt, amounting to more than $20,000,- 000, was fast bn ee contractors were preqs- ing for payment, and the progress of the public works virtually suspended. Under such circum- stances to have continued large expenditures, or in- deed any not demanded by imperious necessity, or good economy in reference to the condition of the public works, and that good faith due to our citizens with whoin the State had existing engagements, would in \wy opinion have been a wanton disregard of publie dity A State tax of one mill on the dollar of the valu- ation of real snd personal estate was imposed. The sum of $4,204,741 52 was appropriated for the speci- fied objects,an 1 all the public works under contract were directed t» be suspended, excepting such as were “‘necessary to preserve or secure the naviga- tion of the navigabie canals,” to preserve the work already done from destruction by ice or floods. or the completion of such work as wonld cost less to finish than to preserve that already done.” . Whether this act made ample provision for meet ing the contingencies, before referred to, | am tn- able to say; but I am apprehensive that adequate authority and means were not left with the Canal Commissioners, to enable them with good economy to carry out the general policy of the legislature. In the cities of Albany, Schenectady and Roches- ter, the public have been seriously discommoded by the unfinished state of bridges on streets intersected by the canal. The large sum already expended on these structures, and the small amount necessary’ to pn me them, have tended to aggravate the pulylic mind. If the legislature of 1842 had been full ap- prised of the public inconvenience alluded to, Lam confident they would not have permitted them to exist. There may be other cases similar to those I have mentioned. There is also some reason for ap prehending that the suspension has operated injuriously on many contractors, and particularly upon those who lad made large outlays in necessary preparations. he praiseworthy and patiiotic exertions of the last legislature to relieve the State in the crisis of our peeuntary affairs, is worthy of all commendation : and if the policy then adopted has resulted in some injary to individuals, it must be ascribed to the ne- cessity of the case, rather than a willingness that Mea of our citizens should suffer detriment. he policy of arresting large expenditures, and providing for the prompt payment of the interest, and a gradual diminution of the State debt, has exerted a salutary influence in reviving our credit. The question of » direct tax, rendered necessary by the exigency of our affairs, has been clearly ap- proved by the people ; but direct taxation should not e regarded as a permanent measure of finance tor the purpose of constructing public works, but as one ofa sarnonTee nature, called for by an existing emer- gency. All future appropriations should be made with reference to as speedy a relinquishinent of the tax as the public credit and general welfare of the State will permit, Very little if C4 work has been undertaken for the enlargement of the Erie Canal, not rendered ne- cessary by the worn and decayed condition of the mechanical structures, Already has the transportation on the canal been much benefitted by the use of the new work between Albany and Schenectady, at Philip's locks, and at Little Falls. At these points the navigation has been entirely relieved from the detention and delay which had been sensibly felt forseveral years. Lam convinced that ‘the completion of the un- finished work at the Schoharie Creek, at Spraker’s, at Canajoharie, Fort Plain, the Indian Castle Creek, at Syracuse, the work connected with the reduc- tion’ of the Jordan level, at Macedon, and at Lock. ports would be essentially useful, and some of it may | e indispensably necessary. s The speedy completion of the Black River canal and feeder to and including the summit level, and the Genesee Valley canal as far as the first feeder from the Genesee river south of Portage is doubtless anxiously desired by the friends of these saree ments. [do not feel that I should faithfully dis- charge my duty did I not recommend for your eare- ful consideration these portions of the public works. Thi uld of course be done with strict reference to the financial condition of the State. _ The present low prices of labor and provisions are highly favorable to a successful prosecuiion of the works now under contract, and they should be re- sumed as soon as a just regard to the public welfare will permit. But great caution should be observed in increasing the State debt, already too large. That the State has the ability eventually to complete all her works which have been commenced, cannot in my opinion be questioned. ‘ ‘The Canal Commissioners will, doubtless, in their annual report, exhibit in detail the condition of the works under their charge, This document will de- mand your caretul attention. The following statement shows the aggregate amount of the State debt, on the 30th September, 1842, and the sum required to pay the interest there- on for the current year. Am’t of Debt. Am’t. of Int, 687,700 00 26,446 50 At 4} per cent. interest, $087, 16 247,005 39 At5percent. 812,354 76 At 6} percent. 1,628,000 00 89,540 00 At@percent. « 2,607,383 06 150,443 28 AtT7 percent. 3,754,794 28 262,335 60 6 per cents of 1887, pays no in- terest, 12,71 97 $24,797,749 00 1,341,620 14 TAspencipal ofthis debt is payable as follows: in demand, $ 118,390 43 Inthe year 1343, 227,327 00 1844, 235,379 07 1945, 4,234,201 61 1846, 671,304 00 1847, 11,000 00 1843, 1,954,993 00 1849, 1,766,700 00 1850, 1256 ,000 00 1861, ,000 00 1852, 20 000 00 i 500,000 00 188: 4,000,000 00 1858, 3,546,305 34 1861, 1,300,000 00 1862, 900,000 00 1865, 28,000 00 Payable at pleasure 699,074 27 $24,737,749 00 Available means in the hands of the Commissioners of the Canal Fund, applicable to pay ment of the debt 1845, 1,407,655 85 $23,830,083 15 There is in addition to the preceding available means, the sum of $514,869 62 unavailable, and which the Comptroller states, consists of loans to in- solvent banks. More than three-fourths of the debt which falls due in 1845; about $2,000,000 of that of the Gene- see Valley Canal; $739,000 of the Black River Ca- nal; and about one-half of the stock for the en- largement of the Erie Canal; $162,000 of the New- York and Erie Railroad stock, and $63,000 of the seven per cent stocks issued in 1842, are held by foreigners. The amount of expenditures “on and for all the State ca- nals and charges caused by or growing out of them,” during the last fiscal year is $1,730,188 17 The amount of payments from the treasury ‘on account of the General Fund, during the same period is 1,206,367 79 2,935,555 96 The amount of revenue of the State canals ived during the same period from all ty $1,798,692 78 The amount of receipts into the treasury on account of the General Fund during the same period is 938,197,80 2,736,890 58 Deficit, $198,665 38 Asthe preceding statement closes with the fiscal year it does not, of course, include any part of the mill tax. In addition to the preceding, there is a contingent liabil- ity for stock issued and loaned to railroad companies thi have thus far paid the interest, amounting to $1,720,000. The annual interests on these liabilities amounts to $89,100 There remains unsold 33,797 acres of land belonging to the General Fund, estimated to be worth $19,961, which yields no revenue. The productive capital of the Common School Fund is $1,963,290 72. There also belongs to this fund 395,520 acres of land, valued at $258,295, which are unproductive. The emount received into the Treasury for revenue o! this fund during the last fiscal year $92,029,06 And the annual appropriation from the in- come of the U. 8. Deposite Fund, 165,000 00 $257,029 06 The balance of revenue in the Treasury on the 30th Sept. 1841, was 96,161,82 $347,190 98 The amount of common school dividends and miscellaneous expenses paid from the treasury during the last year, is 275,089 28 Leaving a balance of revenue in the treasury on the 30th Sept. last, of $72,101 70 The capital of the Literature Fund is invested in State bank and insurance stocks, and amounts to $268,900 67. ‘To this fund also belong 10,913 acres of land, valued at $4,845. The revenue of this fund during the last year is And the annual appropriation from the income of the United ‘States Deposite Fund, The balance of revenue in the ‘Treasury on the 80th Septem- der, 184i, was $19,500 94 The dividend to Academies, and contingent expenses charged upon the revenue of the Fund, during the same period, amo’nt to 40,789 62 Leavinga balance in the ‘Treasury on the 30th Sept. last, The United States Doposite Fund consisting of loans on mortgage, by county commis- sioners, amount to Deduct amount due the General Fund, $17,988 15 4,631,890 05 617,369 34 Amount received from the United States, 4,014,620 71 The amount received into the Treasury during the last year, on account of reve- 8 nue, 811,737 31 The charges uponthe revenue during the same period, were 304,737 31 Leaving a balance in the Treasury, of $7,000 00 On the first day of July last there were in this State 10,- 785 school districts ; and the number of children taught in the past year was 599,901. The number of volumes in the district libraries on the first of January, 1842, was 811,461; and at thistime it pro- bably exceeds 1,000,000. The amount of disbursements for common schools dur- ing the last year is as follows ‘To teachers from the public money $698,466 54 “contributions by individuals on rate bills 468,727 97 Payment for libraries, 93,226 09 $1,165,419 90 The officers who preside over the departments of finance and education, will submit in their annual reports statements in detail, with such general sug- gestions as they may deem useful. The subject of education in all its departments merits your most attentive consideration. It is in my opinion quite proper that in relation to a subject of so much importance the legislature should annu- ally satisfy themselves thatthe Common Schoo! and Literature Funds are safely invested; and rendered as productive as practicable. he revenue for the year ending the 30th of Sep> tember last, has been materially affected by a re- duction in canal tolls, and in the auction and salt du- ties, as compared with the preceding year. The tolls are less by $197,968 86 The auction duties are less by 6,417 69 Thesaltduties “« 41,672 35 $214,898 80 How these essential items of revenue are to be affected by the business of the current year, it is im- possible now to say. Ifthe general prosperity of the country should assume a more favorable aspect, as 1 trust it will, it would favorable affect these items of revenue. It is not probable that the receipts from these sources will be diminished. The embarrassed state of the treasury, and the se- verity of the times, demand that every department of the public service should be placed) on the most rigid principles of economy. No expenditure should now be incurred that is not called for by the public necessity, and good econonyy in reference to exist ing engagements. : avery species of labor is depressed, the prices of all the agricultural productions are adeommont low, and the necessaries of life cheap. Under such circumstances, it is proper that there should be a Gerresponding reduction in the expense of the gov- ernment. An effort should be rasde to encourage a return to the industrious and frugal habits of our forefathers. ‘ i It would be quite appropriate that the legislature should, bya prompt application to business, and a short session, set an example #f public economy. estimated value of real and Price Two Cents, The number of acres of land charged with taxes eight mills; and in thirty counties from one ond @ half to five mills, There is unquestionably much in) juality in the personal estate. The assessors of eachtown have probably fixed upon as low a valuation as their sense of aay would permit ‘The supervisors possess the power of equalizing the valuations among the several towns; but there is no provision for effecting a like result as to the differ- ent counties. s ‘ The evil that has grown out of this inequality has heretofore only affected the towns. The imposi- tion of a State tax renders it proper that some uni- form system in making assessments should be adopt- ed, applicable to every county in the State. (To be concluded to-morrow.) General Sessions. Before Recorder Tallmadge, Judge Lynch, and Alder- man Underwood and Martin. Joseru W. Stkana, Esq., Acting District Attorney. Jax. 4—Black Burglar (ried.—A black fellow named illiam Anderson, was tried on a charge of burglary in the second degree, for forcibly entering the dwelling of Adam Norrie, 63 Chambers street, on the night of the 17th of September, and stealing two mantel clocks and cloth- ing valued at $105. Anderson was indicted for the of- fence, with three other black men, named Benjamin Pal- mer, John Thompson, and Jake Gaul. The two. first have been tried, convicted, and sentenced, the third es. caped. It was proved that the prisoner disposed of a table cover and two pair of sheets that had been stolen from the premii ‘The house being untenanted at the time of the burglary, the jury returned a verdict of guilty of burglary in the cond degree, and the Court immediately senten- ced to the State Prison for five ye jal of Pete Johnson and Join Ha: raseals were then tried for burglary in the third degree, in entering the store of James W. ‘Emery & Co., on the night of the 27th of November, and stealing clothing va- lued at $282. about $20 ‘These black The front cellar door was forced open, and ‘orth of the articles stolen found in possession ofthe accused. The jury found a verdict of guilty, and the Court sentenced Harvey, who is an old convict, to the State Prison for four years and nine mouths, and John- son for four years and six months. Trial of James Murray.—This maw was tried for pass- ing a $3 counterfeit note on the Exchange Bank of Pro. vidence, R.I., on Thomas Ricard, of 544 Grand street, in the latter part of September last. It was proved that Murray came to the house and asked for lodgings, which were ordered, and he then presented the $8 note, and re ceived the change. After remain. an hour, he left, and did not return atterwards. The Re- corder charged that thi was no scienta shown in the evidence for prosecution, and that unless the yury were satisfied that the aceused knew the bill wasa counter- feit at the time he passed it, they were bound to acquit him, which they did. The Court remarked, on dis- charging him, that he was an old offender, that he had served an apprenticeship in the State Prison, and although he had escaped conviction, yet there was but little doubt of his guilt. In reply, Murray said, that forthe past two years he had resided at home, and endeavored to behave hi g there for about half self. The Court then discharged him from prison, he ing been also committed for abandonment of his wife. The Broadway Cottage Rape Case.—-The trial of William Dingler, impleaded with Gabriel Hatfield and John Underhill, on a charge of rape committed on the per- son of Ann Murphy, at the Broadway Cottage, adjoinin Masonic Hall, on Saturday, Dec. 2, was then ‘The prosecution was condncted by the A aided by Joseph W. Strang and Jonas B. Phillips, % Messrs. Price and Shepherd for defence. The other pris- oners, Hatfield and Underwood, were also in Court during the trial. istrict Attorne: m was crowded to excess, aa is usual when on the calendar for trial. nel of jurors having been called, the Clerk then proceeded to call a jury. Eight wer emptorily, and five ior having expressed or ‘ormed an opinion. ‘The following gentlemen were then sworn : Patrick Carr, grocer, toreman; David D. Engau, mer- chant; Seneca Algar, grocer ; William Smith, stockma- ker ; Robert Weed Ogden, merchant ; George M. La’ merchant ; John Waiker, grocer; James Curry, typ founder; James M. Taylor, merchant; Nathaniel Burdett, merchant ; Samuel Atkinson, carpenter; George K Morris, grocer. Order being restored in Court, Jonas B. Phillips, Esq., opened the case for defence, and then called the girl Ann Murphy, on whom the rape is alleged to have peen com- mitted. She came forward and took her seut in the wit- ness stand. She is a round faced Irish lass, with a light blueeye, and very modest expression and d appeared neatly dressed, and gave her testimony with promptness, but was at times much affected. The other witnesses who were in the Cottage on the night of the transaction, were requested to leave the Court-room du- ring the examination of testimony. The girl Murphy having been sworn, she proceed- ed as follows : Lam about 18 years of age ; on the night of the outrage I was coming from the Bowery Intelligence Oftice ; I was then staying with Mrs. Mansfield, in Beek. man street ; before that 1 had been living with a woman from the old country, but I do not know the street she lived in ; I guess J have been in the city el Thave b ly the challenged per ivery. She ervice in the cit: son after I came here; { was with her pretty near a month; this was as long as she wanted me; I then liv- ed with Mrs. Fitzpatrick, a lady from the old country; this was at a hotel, but [do not know what street it was in. 1 lived with her in the old country eleven months, and af- ter she came here one month ; the Intelligence office in the Bowery is where poor respectable giris get places to go out. I fet Mra. Mansfield’ at abont sleyes oblock on the day of the outrage—the man in the Intelligence office gave mea note toa lady that wanted agirl—I went to the Iady’s house, and remained there until she came home in theevening. I engaged with her—I do not recollect the name of the street, nor the lady. She is a French lady— the house was up town from the Bowery Intelligence of- fice—I left her house about seven o'cloek, to go back to Beekman street, and arrived in Broadway, opposite the cottage, at about eight o’clock. Q—Are you well acquainted with the city ? —No, I am not. -You say it was about eight o’clock when you got to this Broadway Cottay actions there : On my way down, I met a small boy, and asked him y to Beekman street, and then I met the fellow who to me opposite the Cottage ; | know him if I see he has got black whiskers; he said I met him at the corner of Pearl stree nd was with . Now, goon and state all about name was ff, and that if T would go into that house, (point Z°,) his sister, who was there, would con me home; | then went into the hy inside caught hold of me by the arms and another by the feet; they then dragged me into a room back ot the bar- room; these two persons [ mean; they then took me down stairs into a long dark place; the first room I entered was a bar-room; there was one person standing in the room I went in, and they whistled to each other, there was also another man in the dark room, Q.—What then occurred 7 A.—They then threw me on a table that was there, and violated my person; there were two that violated my per- fon in succession, and one other tried todo as they had done; they then offered me money; afer [ got up from the table I could not stand; [ felldown upon the floor; I strove to get up as well asf could, when the three men who were in the room ran away; the man in the bar then came and took hold of me by the shawl, and ordered me out; when they first put me on the table, they caught hold of me and held me down; one of them stood behind me, holding my two shoulders and head; another held my feet; Dingler was at my head. Q.—Do you know the man who had hold of your feet ? A.—I know him when | see him; he said his name was John. Q—Stand up and see if you can see him? She looked round, recognized Dingler, who set near t e, and one of the mai her, as the person who held her head, but did not sel the person who held her feet. Und were setting inthe two prisoner's boxes. Witness continu he first one that violated me was John, as they called him; he was the one who asked me ipto the house; while Dingler was violating me the men that had previously done so, held my head; the other one who held my feet thought to do it, but | hallooed so that he did not; my person was much injured; they destroyed me most dreadfully ,and the doctor can tell the particulars. Q—Had any men any connection with you before? A.—No, I never had any occasion; I always en- deavored to behave myseli as @ good girl; the men in the bar turned me out doors and kicked me as I was ing; they kept me in the back room nearly an hour; my arms and shoulders were very much braised; I never had such bruises before; when I went out in the street, | was crying; 1 did notknow where to go to, or what to do; | asked @ little boy, who called a watchman; the watchman and Mr. Stokely brought me to the city prison; I could scarcely walk; they almost carried me; 1 saw a doctor in the prison and a woman that Col. Jones sent to me; Alder- man Crolius was there;he behaved very good to me, and all the gentlemen in the prison; | was almost destroyed. Cross-examined by Mr. Suernenn.—I came from Kilken- ny, Ireland; Ihave heen here about 11 months; f have lived with several persons; with Mra, Kelly in the first place; T was with her nearly a month; the next person that | was with, was my sister; She took me home because | was sick; Ido not know the street as 1 was not out while | was with her because I was sick in bed; | was with her about six months; | was then with Mrs, Mitchell for a month; wren ll and Hat my month was up, T wanted o pair of snoes, and f asked for fitty cents; 1 believe Mrs. M i} had ten girls with her w I was there, but she had paid none of them, none of them suited her but me. Q.—Why did you leave Mrs. Mitchell? A.—On Sunday morning 1 wanted to go to church; Mrs. Mitchell refused to let me go; she then asked if [had seen the two childrens’ frocks, and said it | would give them to her and go away, she would say nothing about it; I told her Iknew nothing about them;I believed she had pu them away on purpose that she need not pay me, ax she had Joue before to other girls; Mrs. Mitcuell lived in City Hall Place, I went from her house to my sister’s; I staid there about a week, and then went to a lady from the old coun try; Ido not know where it was; it was at some hotel; I staid there a month; her sone wes og dat ag gage cannot state the appearance of the hotel, because I do not know any of the ‘treets, Iknow where the Park is, be- cause I went for water there; I cannot tell what direction in 1841, was 27,450,619, valued at 531,987,986; and | th the personal estate at $123,311,644: making an ag- regate of $655,299.530 On thisaggregate was col- ected for county charges $874,513 31, and for town charges $2,293,242: amounting to $3,173,355 97; equal to nearly five millsin every dollar of valuation The charges in five counties, range from ten to thirteen mills; in Gventy-four counties fro. five te rom the Park; it was somewhere’s wher When I lett there I went back to my [then went to live with Mrs. McLaughlin, and was there a month; Icuvnot tell the name of the street, as she would not let me out unless on business, I then returned to my sister's again, and remained there about two weeks; I'did not go to any other place of service be- fore this outrage; while Iwas going 'o the Intelligence office in the Bowery from my sister’s,1 met the woman that lived in Beekman street; | had seen her when I lived with Mrs. Mitchell; her name is Mansfield. Ttold her 1 was out of a place; she said I might stay with her until f gotone; | went with her; I went almost every day to the Intelligence office. It being three o’clock, the Court here took a recess till four. Evextna Skesion. Croseexamination by Defence, continued.—It was in Broadway, some distance from the Cottege that I met the iked the way to Beekman stre: he said it istance, and told me to keep on was on the same the o iss ; lw be- cause I had no one along with me; I did not ask the boy to go with me; there were a good many persons in the street on the side where I was walking; the other fellow, who called himself John, wasthe first man { met; he isa black whiskered young man. Witness was here requested to look round and point him out, as both the other prisoners were in the box. She replied that she was ashamed to look upto see him. Wirress continued—He sccosted me near that house, [The witness was hore unable to proceed, but sobbed and cried violently.) Wirttrss continued.—I met him above the house; at the corner above; Ido not know the name of the street; he had followed me about a block down the street; I thought before he spoke to me that he was following me, and I got afraid; [ was looking »t the numbers, and he asked me what place I was looking for, and I told him; I do not know why U was looking at the numbers; I told him 1 wanted to know where Beekman street was; I could not see the numbers because it was dark; after | asked him, he told me if 1 would go into his sister’s, she would con vey me where I wanted to go; when I went into the Park after water, I lived in City Hall Place; I do not know what street the Park ison; when he told me to go into the house where his sister was, I thought I should be happy for her to go with me; he caught hold of me at the corner and told me to go in; [did not touch his arms; he tosk hold of my arms at the Corner of the Cottage and squeezed it, he rather frightened me, because he was a stranger; I did not say any thing to him, as I thought he was fetching me to his aister’a; [saw no one standing on the stoop at the time, although there might have been and I not have seen them; there was a lamp over the door with a light in it; there was glass over the doors of the Cottage; I saw men in the barroom as I went in, I could not say how many ; Ido not know what they were doing; some were sitting down, others standing ‘up; us { went in, one of the men came up and took hold of me; | know the two fellows very well, but there were so many round me that L cannot tell; Johm dragged me through the bar-room just as if I was a dog; I hallooed and screamed as loud as I could, but no one came to aid me; at this time the bar-room was full of per- sons—none of them interfered, or came near I strove to get back as well as I could, but I coulda’t; | was not strong enongh ; this was in the bar room; they hurt me * head, and shoved me in ; Ido not know who they as they were one other prisoner, be- John, seized ar room, but I cannot tell whih one it was ; ragged ine down into the dark room, before the other one seized me; I know Mr. Dinglcr; he did not seize me in the bar room, but in the other room ; there was but very little light in the back ‘on could scarcely see, sir; there was no lamp nor in that room; I believe all the light that was there came from the bar ; this dark room was in the same building with the bar. [Witness became so much affected here, asto be unable to proceed for a short time.] Witness, continued.—I think the light came in either through the small windows on the door; 1 went down a few steps into the dark room: at this time John had hold of me; Dingler was at the door on the inside of the dark room; he wae standing up when I first saw him; I saw him before that in the room between the bar room and the dark room; the light in this passage also came from the har room; Dingler was the first to take hold of me when 1 went into the pas- sage; John did not let go of me;I do not think that any other person caught hold of me in that room; tay drag- ged me by thearms; | strived to get away and could not; they then took me into the lark room; there was another fellow standing by, but Ido not know who he was; Ido not know whether he is one of the prisoners, but | know him if | should see him The prisoners Hatfield and Underhill were here called out of the box and placed in the centre of the court room, in order that witness might recognize them. After some reluctance she rose and recognized both of them as the persons who dragged her through the passage, as also Dingler, in iront of them. Wireess continued.—The two men were brought for- nenst me in the police office, and | knew them , the tall one, Hatfield, came to me while I was on the table, efter the other two were through, ond was going to thow me down again ; I knew that he was going to be as bad as the others, only a respectable looki an came down, and he stopped ; Ido not know who this man was, but when I came up the stairs he said that every one of them ought to be taken and hanged ; | never saw Dingler before I saw him that night ; | took particular notice of him when [ saw him first in the bar-room, or | should not have known him when I saw him again ; he looked so someway cross that when [ saw him I was more afraid ; there was light enough in the back-room, so that I couid see his face, and that [could know him ; they took my hat off of my head; this hat I got from a girl in the prison’; they tore iny hat and frock off from me at the time they violated me ; when 1 was first brought up to the police for examination, I knew all these prisoners; I immediately complained against them all when I saw them, and pointed them out as the persons who had committed this outrage; I was not in the habit of going out at night when I was at Mra. Mitcheli’s house; { did not ge out except a couple of nights when [went to get some shoes for myself,and another night to geta frock made; | never staid out later than a little atter 5 o'clock; I never was bro’t to the police office on acharge of petit Inrceny; I went once to see my sister, and lost my itchell’s; I went to the watch- man to inquire the way, but not being able to tell the number of the house, the captain kept me inthe watch. house allnight, and 1 went home in the morning. I 6 not been in the habit of drifking anything, but soon after { came in the prison, one of the women made a smart bit nd | drank a little of it, which made wt, foe I do not know aman by the name of Jaco Roome; after I came outof the back room, and they had torn my hat and clothes, John with black whiskers of fered me adollar to brush up and go away, and say no- thing ahout it; I told them I wanted to get away, but I did not want their money; I became afraid as soon as they began to drag me going into the bar room; I began to scream then and all the time going through the bar room; Ido not know a man by the name of J: seph Murckle, nor do I know one by the name of John Williams. By District Atronss.y—I hallooed for some one to come and save me, but! do not know what words I used; the whistling was in the dark room; this was after they bed violated me; these three men were not there when the man came down who said they ought to be hanged; there wasa watchman in the bar room when the man behind the bar kicked me out; the man who kicked me had a cast in hin eye; he tended the bar; I told the watchmaa all about it and then told Mr. Stokely; John first violated me andthen Dingler; I cannot be mistaken; I know it was Dingler; ove ot them put hia breast upon my mouth and also held my hands o that T could not use them; I did not see whether they ran upthe steps or not; [think there know that these two was coming back to Mr was a door that ied into the yard; I men effected their purpose. By Suxrean—I saw Dingler hold my head in the dark room; I could not see one map from another in that room; [know it was Dingler that held my head. Witness refured to give any reason why she knew it was Dingler, but persisted in her answer. Jacons called and sworn —I am acity watchman, on duty that night ; I was going to relieve my partner at the corner of Duane and Broadway ; I met this girl about a quarter after 9 o'clock ; she was cry said she had been abused ; she went to the house and ed me the back door that led to the room below ; she they had ravished her; my partner, Mr. Courtney, brought her to the prison ; I did not stay in the house but about five minutes. Wm. Stoxety called and sw@mn—On the evening in question I was standing at Pinteaux’s door talking with Mr. ausence, when three watehmen came up with this girl ; Pinteux’s is almost opposite the Cottage; the watchmen passed over the street towards the Cottage with the girl, and Mr. Lawrence remarked that he thought there was some difficulty ; soon after the watchmen entered, I saw a rush of men coming out of the building ; the girl said she had been ravished in the house ; | told the watchmen to take herto the Tombs and I would see about it ; after go- ing to the watchhouse and ascertaining the story, I went back to the Cottage and found Dingler, and told him that he was wanted ; he refused to go and took a pack of cards in his hands ; he at length consented and went down with me; she recognized him as one of the men who had ravished her; Alderman Crolius was there and heard the story, and told them to come in the morning ; Hatfield followed us down to the watch house, and 1 asked the Alderman to detain him, which he did, and she recog- nized him the next morning; Underhill was recognized by her thenext day, as the nm who had taken her into the house; the building in the rear of the Cottage is about twenty-five or thirty feet in length; the rear windows of the bar room give light enough to enable a person to dis- tinguish any one in the back room; I have been there to- night and conld distinguish a person very well; there is a large table in the back room, which has been used for geamblin x. —Thavehod Mr. Dingle bound w the girl, Ann, before she got » request of Alderman Crolius ted Mr. Dingler; the girl that night ae Ding: ating her; Mr. Dingler went home that night tthe next morning; h not give bail that I had had my way, [ should have examined however. Arago N. Cooxtxey called and sworneel met the gitt Ann on the night in , at the corner of Bread- Duane street id she had been beat and ; tasked her. and she said she would ; Lwent with b the Cottage, and going in Dingler and the bar-keeper; [ asked him ithe allowed whe conduct, and he said he did not know that she had ‘nin the house; the bar-teader here came np, and told to go ont, thatshe was not wanted there; I stepped in, snd told him that she would go out soon; on going to the hhouse she told the whole story, and cried all the the Covrt.— When you first went into the Cottage with her, did she charge Dingler as being one of the per= sons who had violated her ? Wirvess.—No, she did not; she went to the door to