The New York Herald Newspaper, January 5, 1848, Page 1

r ——a2— Whole No, 4971. NEW ARK THEATRE —Mei AMEAICAN © ‘'roune is now performing Avsoug the principal performers are childrsay Maurier aud Mrs. Camilla SANDS, LENT & CO’S sue ayattheabere setablisnment. ay see hte. Ba, Santo meu and his «Mons, C he dan ies, Fights Sirel ‘Doors 3, May Fly, Cinderilla, tte, 50 ceuts; aad Encephalas Hon bheenb. de . Partie grat af ernooa performance every Saturday, uray Iclo-k. bay Brow eay PUBALKE- aday evening, Jan. Sth, 1818, avert be performed the Comedy of WILD OA'TS— Ephraim Smooth, Mr Barke: Ro: ver, Georee Chunter,” Vache; John Dory, ; Sim, Mr Beeph: Laty Amaranth, Mrs. Abbott; Jan rs. Verano. Pe o which wilt he acted the Drama of CHARLO PTE T i Capt. Montravilie, i ritte Temple, Mrs. Phillips; Méile La Rue. Mra. To conclade with thesDrima of The ADOPPED de Marshali: i Mamy; The Doors adinons Record, Mr. Barnett; Nelly, Mrs. Broadley. G a ‘at 6)g—Curtain rises at 7. Boxes 25 cents; Pitand Gallery 236 cent a VHAPHAM PHE at itit--Sole Pro ricto Mr J. “7 ut Renee Maunger, Mr. es iteerees elie ay ite. Jan 5, the ‘mance wil mmence wit the petite eoinedy of FAINT HEART NEVen WON sirmi too, Mi representation " which, BATTLES O M: with th, ctr! Lrdacly pea f ETHIOPEAN MELODISI =D at dg clocks Pertormeace or ana i { KOAU WAN PHRALRE—Va Wi r rp seninns dems 5 the p=:formances will commence with the d URN SHTENR=Vieconnt, Mr Fredericks; Frederick, Leeper, Chale ‘son: Eruestine, ix Fanny Wal- ack; Marte, Miss Telbin. To be followed by ihe EMI- T's DAKEAM, ot the Land of Freetom—Phil Purcell, r.Lower: Mick Moosey, Mr. Evercrd; Jemmy, Mr. Shaw} . Mra. Winsta stey: Peggy, Miss Matthews; Hibernia Gordon ‘To conclade with the farce of TURNING © TABLES—Jack Humphries, Mr. Hadaway; Patty Ler- . Miss Lelbin, Dress Circle and Parquette, $1; Family Cir 6 (2d Uer,) 50 een! 3 Up t Boxes, 25 cents; Gallery, 125¢ cts. ouira npen vt63 o'elnak, performance to commence at 7. M ITCHELL’S OLY 4 day Kveuing Januar HN OF \ commence th. wi'l be AKIS—Pedrigo Pots, Mr. Mireh. jor. After which a new farce (j ided BOX & COX—John Box, Mr “onover. ‘To be followed by’ the Don Leader. Miss Mare ‘Tavlor: Me Henry. ‘To conclude with the Faree of SEEING \ND—Joha Downey, “'r Holland; Anthouy Heokey, Mr Cuvninghsm; Sasson, iss Roberts —Doors open at 6, cur- tain rses at 7o’clock. Dress circte, 50 cents; Boxes, 25; Pit, A —OuvMelG + HE ATRE—Mr. Hol and re- syrot'ully informs his frien*s and the public that his be nefit will take place oa Friday, Jan. 7.1848, when will be per- formed he last hom pore r farce of BirX ANU LOX; to be iy orien! drama of CHAKLES 12th; the part Afier which, ot Triptovemus Muddiewerk by Mr. Mitchel). the fairy ex ravagenza of TH VISIBLE PRINCE, with a variety of other enutertainme! whole to coucinde h. A GARKET, or the Box Book now open. jeaday, January 5, will pera, in three acts, of | FURI- ‘Signora Clotilde Barili; Arturo, S’r Francesco ‘S'r FG. Beneventano: Giorgio, #'r Set 3 0, 8+ Felix Genovesi; Henrietta, Signora jualtiero, Signor Strini—Maestro Direttore, Sig- ‘Leader ofthe Orch'atra, Signor Rapetti. B quet aud Baleony, $1; Amphitheatre, 90 cents. Box O: fr'm halt past 6 to 12 o'clock, and at No 2 Wall street basemeut from 1 to 3. Doorsopenat7 o'clock. To 1 8 N TRYON, Maz yi nger—Vonday,, ‘Tuesday and Wednesday Eveniugs— News {N THE CIRCLE—By the first Equestrian World, ‘The Manager bees leave to reler to his lays being over. the Amphitheatre will be for ied to CIRCUS i ertaim to the h te Circus ‘he whole e! Fe ene ee nate ROBINSON ASD His Mi S¥—Two Clowns in the Ring—Bob Willisms and Wells —Boxes, Dress Cirele, 25 cen ren half u open daily. U'TY and FASHION MIGHT UNABATED e Origin CHRIS’ ss ablicned Bani d States in the Ui 2 SICK, GN. CHRISTY. : NOR, t. VAUGHN, whose orginal and inimitable con. cnrts are ‘nightly honored with esowded and highly respec- table endiences, nod universally admitted to excel every amusement alse character offered in this city. Ad- mission 25 Children under 1@ years. price — Hoare open at 23 will commence at 3 o'clock. Oa 2 Afternoon Concert. Doors open at 2 Satardiy, January e’cioek. ‘Coucert will eonmence at 3 o'clock. I ROADWAY ODEON—sntrance through Pisteax’s Si- toou—Under the mausgement of Mr. SG. Gare! GREAT AUTRACTIONS—Two new Tableaux g, JansarySth—Psrt I. Singing by Miss Ro y ‘ft daaces by Miss Lamee and Miss Adele, Grecian ; nm Showers, &ke., by Miss C, Blanchard. Part Il. X VIVANTS,or liviog Ma'e and Female Figures EL ARTIS U%S—Amoaouian’s Unth, Ai uben’s Virgin, Massacre of the rite of the Semgtio&e. Part Dream, the Maypole Dance. the ‘Three Graces, tious! Tablean in houor of the United States, Box 50 cents, Parquette 25 c-nts, Boxes 12% cents. ute Player, = Calypso’s ‘ ’ iN AC SUM'S AMSKICAN MU 5EUM—P. T. | Ban: Pioprietr—F. Hitcncocx, Maniger—splendid ex! fternoon at 3o'clock, and ev- tions and performane: ev evening at half past 7, ‘Lhe manager bas re-eogaged the om aa! BED I1UIN ARABS, from the Desert of Saha. fa. APa in, Also, Si a a Ba fine ean SEnENA- Tirent Westeru in the ‘Dead Shor’; Ivory Cracilix;— rian ©ibsoets Mrs. Monell, Mies Bernard, Misses Ju- waeers; Mr. Whitloek, Mr. Pros ADRS ed Capt ve the tnt Polly Bediag, Daniel O'Covell, Kather Mathew, &e. am Re ckwell, the fymous Forwune Teller Wax Modet of the Hama Body, & be seen privately at sn extra chorge of 25 ce ts. Admissioa to the whole, 2) ceats; ch idrea under yeors of age aad old en to'walk nlone, 123 cents. HK (fern sets, ane ah 1 GHAND INSERUMENE: Tha aay evening. MUSICAL CO "ALC Ui at Jan.6. 1818 by the MPANY, coasi:t- f irenors, gratefal £ y hive met wih ouaee their four:h 6. PR ing of nineteen p ception whi ht erthoven ;.'T' Vol The beginoing of Even The beginiug of N m fail invo slamter Of the mhabi- tis of the earth. ‘onch of the howe of Ghosts, 12 vlclick ‘the Weview—the Drummer leaves his grave at ght 6, French Dram and Trumpet, Signal War Mareh. he Music points out t e awakening of d Fale Ths was the great parade on the which dead Casa held at mduivht. Lickers hat at the prineipal music stores, and at he conceit, Doors oven at 63; eeively. O® NOVEUEY coraer of Cour Poe HALL eT \ULE bROTHEKS, engaged Mr. fer and Singer. ‘who will make veving wh eh, in conpectiongwith thei irko an evering’s enteniainment- wo thy the patronage of disceicing puble Tneit programmes are interspersed with lees ot the first merit, and varied oightly ‘There concerts Wil be continued every Monday, Wednesday, and Stturdey ‘The respectavility of their au- thar their experiment of givin meets the approbation o 8 precise! Gr AYO, EXSIBITION at the LAFAYETTE BA. A ZAAR, comerof Liberty street and Broadway. Mechn- uic Maseuin aud Diorama. Perfurmunce, half-put 2 o'clock the alveraoon, and 7 1 the evening. Dioramic Views— Hook; Pakong of Vera Cruz, and Sao Juan d’Ulloa, by American Army aud Novy; ison from the Sea: 1 Shipwreck off the © Pecit Ravel will ap- , AT COLUMBIA i i anjo Th thi eveviog du ing the sesson. a lensing performance ‘ight Rope: Mecha- nied Fig consisting of the +Singing Bird. the iore Dancer, Finte Player, &c. Admittance, one shilling; chil Vi PANOUMAMA OF THE miles of ecanvassexhi- xrending from ¥ jew Orles of lautede, bei new Panorama ng over cere < in he. world, at th way. adjoining Nibto’ ay exceyies) Adu Panorains will e mmence inov. Alreraon exhin tions ou Wednesda dk. ured from 10 A. INTERS COMPLIMENTA! OF LieUs, THOS 4. SWEE) appe vted at apublie meeting ot hove mae 4 GARDE of LIEL obtained by appli Arrangements: Samuel i Reid 114 Nawsan ot eats Wm Be Peneh, Hoary Wa. Eilison, Nrowa, True Say Offies; Wm. M. Robinson; Johy Mckn. pave Offices Daniel J. O'Sallivan, cor Frank ‘ort Vrederick K. Kranth, 210 Walker st; E. H, Rogers, Office; Wm Kelloug, Tribane Off (; Eaward © Henry 8. Pe Eutwhiarl Sunday Dispateh Office; Hunmo id ets; John W. Mon'ton: Gee les Vogt 61 Coneard st atyect: Samuel Udell Mortwomery sod Madison ate, oH nett, Herald Office: John 907 Third street; ok HE FOUKTH ANNUAL BALL OF PHOENIX AS- S*MBLY, No 1 of the Benevolent Order of Bereans, forthe b-uest of the Widows and Orphans of decessed mem: Vers, will take pl he Apolln Rooms, on Tharsdiy eve- risa 6h Jo The Committee of Arrangement Ww onli vesprettuily'state to those who may honor the Ball with their preseave, thitno expense has bee: of the best Balls Of the season, Dingle’s ¢ Hud hon bees engaged for the occasion. obinined »t the following places—Juhn Mi een: wich street: Henry Cosgrove, 1084 Bowery: Robert Jones, eet: [tober Marti 18 Ke Seer ie Ree 118 Kast Lith street, and at | "Ve FOURTH ANNUAL BALL OF TAE Dalian Bey Bath lees at the Colt foam Hooms, No 450 Broadway, on Tnesday e Tith 143. ‘Tickets (88 ech) can be procured at 1 the Soe ctv. No 22 Siruee street, or of the follow smitten | Gregory Dillon, 91 Chambers street; Joseph bo Wallin street + 13 $ Wall streets dames Rayburn eo Reain Places K sm steeet, Charl 68 Ping street; 156 Pearl street. | | 736: TELEGRAPHIC. To the Senate and Assembly. | Fennow Crrizess: — | In the discharge of so much of the duty imposed | by the constitution requiring me to communicate | envually to you the condition of the State os re- | lates to its fiscal affairs, I refer you to the annual re- port of the Comptroller, which will be laid before you at | an early day. By thatdooument you will be informed | that the indebtedness of the State on the 30th Decem- | ber last, was aa follows:—Gonoral fund debt $6 129. | 840 86, Canal debt $16 743 749 67, making the whole | debt of the State $22,893,690 43. The liability of the State on account of railroads, which moy be aet down aa contingent State debts. amounts to $1 503.000, mak- ing an aggregate oj indebtedness, direct and oontirgent, of $24.445,590 43. The revenues frem the Canals for the year ending 30th September last, were $3,273,651 60 The expenses ofthe Canals for the same period including the anm of $3,995,000 76 for tolls refunded, were $643.- 765 03 leaving an rggregate of surplus revenue of $2.- 929718 52, From this eum there has been taken the contributions to tho seve ho 7th tution, amounting in the aggregate to $1,850 00), leaving s balancsof $979 718 62. ‘This last mentioned sum {s pledged by the Constitution to the en- ne | Jargement of the Erie and the completion of the Gene- see Valley and Black River Canals, Appropriations have been made by your predecessors, embracing the whole sum and anticipating $29.000 of the surplus r-venues. of the current year, The rewintscf tolla since 30th Sep- tember lart, amount to $1.419 423 75 The expenditures for the same period have not yet been ascertained. The amount of the State Stocks originally issued and made payable orf the first day of July next, is $1,584,- of this there has been redeemed’ $316 006, leaving 9 balance ontstanding of $1,233,730. To this is to be added nine months interest on the entire Canal debt from 80th September, 1847, to July 1843, $685,335 67, making an aggregate of $1.924065 67. To meet this indebtedness at maturity, there will be deri- | ved from the sinking fand under the Constitution and | one-tenth of the mill tax for each of the years 1845 and 1846, means amounting in the whole to $1,102,548 51, ; and leaving # deficiunoy spree for on July lst, 1848, of $821,617 16. In my last annual message [ in- vited the attention of your predecessors to the import- nace of completing the Eris enlargement and the Gena- see Valley and Black River Canais at an earlier day than wan to be expected under the restraints of seventh artiole of the Constitution, and I then exprerred the opi- nion that if the contributions to the several sinking funds, except such funds as would be necessary to meet the accruing interest upon the public debt, rhould be suspended until the unfinished public works were com- pleted, we might reasonably induige the hope that the increasing revenues promised by the enlargement would pay our indebtedness at an earlier day than was to beexpected under the limitations of the Constitu- tion, and nothing hes #inoe occurred to change that opin. fon.” The limits prescribed to thie communication will | scarcely permit me to spenk of the facts vonnected with the noeessity of enlarging the Erie Canal, and the delays incident to its navigation with its present limited cap. city; besides it elieved this information will better reach you through the appropriate committees. In 1835, ten years after the completion of the Erie and Cham- plain Canals, the debt which had been incurred for their construction bad been virtually paid, and the State freed from debt and direct taxation, was in the full en- joyment of the revenues~of three great channels of trade, and of the epecific revenues which hed been dl- verted from the general purposes of the government, as weil as of all its ordinary revenues ; but it wes found thus early that the locks, aqusducts, and other mechani- cal structures on tne canal were already worn with time and use, and that the Erie Canal, owing to its limited al- menstens and inadequate lockage. had failed to secure to our eitizens the greatest practicable benefits of chea) transportation for their own productions and that full pa of the western trade which hal been antici- pated. Enlargement having thus becom seary, it was wisely determined to perfect it ina desirable maener and with capacity sufficient for the vast increase of bu- siness,then foreseen and since realised. In 1836 the State engaged in the construction of the Blook river ca- nal, to connect Lake Ontario and the Erie Canal through @ broad region deprived of facilities to market, and also the Genesee Valley Canal, designed to coanect the head waters of the Ohio with the Eri» Canal, aud mike ite trade tributery to New York. The estimated cost of all these works, submitted by the proper department, was $16,575.201. The work was prosecuted with quite inad- eqaate appropristions till 1888, when, by aa elaborate examieation of the financial condition of the State, taade by & committee of the House of Assombly, it was shown thet the works might b» prosecuted more vigor ously, because while they were estimated to cost only fifteen and e half millions, the revenues of the canals alone were such thst if necessary the State might expend 30 millions of dollars, and receive full reimbursement of that sum from the canals before 1857. or even 40 milliozs if necessary, and yet be reimbursed from the same reve- nues before 1865, without the resort to any tax or the di- version of any of the other revenues of the State. This culation was based on an estimate of such « constant inerease of revenues from all tha canals, that in 1349, ten years after the completion of the enlargement therevenurs of the canals would reach three millions of dollars ‘This estimate not only in the comprehensive resuls, but in ita minute details, ha: mM subjectedito the test of time. ‘The enlargement bas not been completed, and the year 1849 has net arrived, but the calculation has been fully verified, and the tolls have already reached to nearly the sum of three and abalf millions of dollars ‘The State adopted, in 1838, the more vigorous policy based on this calculation, and pursued tf 1842; notwithstanding, the discovery was made in 1839, that the cost in the canals instead of fifteen and a half millions of dollars, us st first estimate., would rise to the sum of $30,445,587 It is | now clearly seen, by the demonstration of time and ex- | perience, that if the State had tirmly and prudently per- | w-vered in that policy to the end, we should now, with- out having paid any taxes, or incurred any necessity for taxation whatever. bad free navigation from the great | lakes, through Jefferson, Lewis and Oneida counties to Rome, and from the Alleghany river through Alleghany. Livingston and Monroe counties to the Erie canal and the lakes, and a canal 70 feet wide and 7 feot deep, with durable double locks, and firm and capacious eqaeducts, from Lake Erie to the Hudson river. Thus our great system of inland navigation would have been completed and perfect Thetolls and cost of transportation on the Erie Canalwould have been greatly reduced, a considerable portion of the expenditure re- The remaining cost of these strectures would have been discharged {n 1557, and the Stato left in the enjoyment of revenues even at such reduced rates of tolls, of no Ivas than $9.000,000 pez aannm. Inatead of ocoupying this high vantage ground, we are now re- sumiog the Genessew Valley Canali, which was relin. | quished after one-third of it had been constructed. The | Black River Canal was evependedwhen half completed,and the enlargement o! the Erie Canal abandoned when near- ly halt ¢f the coat of the enterprise haibeen paid We resume these works afver having patd half million of dollars damages to contractors, after having lost for five yoars the interest on more than fifteen millions #lready efpended and incurred, and unarcertaived losses from the waste of materials and the dil«pidation of ucfinished works and structures. But our constituents, with ere- ditable unanimity and enlightened urgency, expect the Legislature will sanction thy most euurgetic efforts that ean be made under circumstances so pecali«r (o som- plete enterprises which are no longer of merely apyoala- tive icaportance, but have become, through the lapse of time, tre advance of the couvtry and the vigoronr rivalry of competitors for th- Western trade, indisnen- sable to our prosperity and to the maintenance of that high ascendancy hitherto secured to us by the en- lightened and energetic yolloy of our predecessorr Ia this connection there is no subject of more imme- diate interest to the people of this state than the con struction of safe and commodious harbors on the Wee- tern lakes, and the improvement of tho navigation of our rivers. The former is mostly to enebla tue Wor- tern States, our principal customers, to bring their pro- duce to our canals for transportation. The lacter is re- quired to facilitate its transit to our markets, Thera pid increase of commerce upon those inland seas bas corresponded with the fioeresse in the population and wealth of the States that lie upon their borde All es timates in regard to the tonnage or trade of the Laker imperfect, from the absence of any regular sys- atiatics. The enrolled and licens d tonnage in exhibited In the official report of tne Treasury De- partment, amounted to 56,252 tons; from the same source it was ascertained to have amounted in 1846, to 106 836 tons. ‘Lieut, Col Abert, in a very able report, made in answer toa resolution of the Senate of the Unitea States estimated the nett value of the Lake commeroe for the year 1846, at $41,911.910, to which he adds $1,250 000 for the passenger trade, making a total of $63,164 910 Itis estimated thet for the next ten years this trade will inorease at the rate of 17 per cent per agnum. showing tho nett value of our Lake commerce in 1847, at $170,545,257. The number of entries and clearances for the whole Awerioan Lake commerce in 1846, amounted to 15,955, while all the eutries and olaarances of all vesecls belonging to the United States and engsged in foreign trade, amounted to 16,562, The vessels employed in this vart inland trade, nearly rivaling all cur foreign commerce, and which fs considered as hazardous as that of the high #088, require safe and commodious harbors, piers and light houses for their protection ‘Tho early attention of Congress was called to this subject, and appropria- tions were solicited for the construction of thess neces- sary improvements. ment the Southern shores of nearly all the lak. the St. Lawrence. These appropriatio the imprevement of the mouth of the rit the bars, or by deepening or widening the ohannels at their mouths, the erection of plers and light-houses, and such other expenditures aa would furnish to the pre- scribed localities, saf* and suffeient harbors. ‘he original appropriations for gnany of these objects, were barely sufitcient to eurvSy and commence the im- provements, but those interested in their construc- tion, looked confidently to Congress for the means for ir completion, 1: was believed to be ttled policy of the federal government to foster pro: tect this important branch of our national commerce; it is the great channel through ich the Weatern farmer sends his produee to a July, 1846, an_ act approp: by Congress, for improvement of rivers and harbors, ¢ President, on id of the following August, re- turned the bill to the House of Representatives with his objections, in addition to his constitutional objec- contemplated by removing tions totho bill. The President apprehended that should it be sanctioned and become @ law, no practical constitu- YORK, WEDNESDAY tional restraint can hereafter be imposed upon the most extended system of internal improvements by the fe- deral government in all parts of the Union. The dos- tring of one of his predecersors, that appropriations of this charactur should be confined below the porta of entry und delivery, estublisned by law, is diroarded the present exeoutive, and therefore, even euch expendi- tures, have ceased to be constitutional. Since the meeting of the present Congr the Prost. dent has returned the bill with his objections, passed near the close of !nat session, for constructing certain works in the Territory of Wiscouain. and for o!h«r pur. poses. ‘The Prevident states that om returning tha bill to the House of Representativesat the preceding session, coataining similar provisions &nd appropriations, he stated his objuctions to ics passage. and thoss objactions remain unchanged, The unconstitutionslity of these Appropriations for protection of our commerce is insisted on, and ingeniously enforced ‘The President also arenes against the appropriations, for the rearon that if Con- gtess is allowed any discretion in the similar « xpendi- tures, thera auld be wo restraint upon the amount of money that would ba equandered. ‘Yuis subject is quite too important not to attract theattention of every atates- man, tad [ cannot doubt that views more in conformity with the public interest will ultimately prevail But a discussion as to the power of Congress to make appropri- ations for lakes, harbors, and the improvement ot rivers, or in respect to the exsrcin# of such a power, ayasum= ing that it exists,is inappropriate to this communicatiog, and has only been alluded to hers from its intimate connection with the prospective legisletion of this State in regard to the Erie Canal. In my annual com- munication to your predecessors, I expressed the opin- jon that the security required for the redemption of bank notes under the sixtao section of the first article of the cepstitution, rested entirely in the discretion of the Legislature, snd this opinion seems to be generall: acquiesced in. Although the subject engaged ‘musk attention of the Legisiatare at its lust session, no gener- al laws were passed for the goveromeot of banking insti- tutions. Those institutions exert an important infla- ence upon the business interest of the State, and if you shall conaider the time auspicious for actment of laws to provide for their organimation management, Ihave no doubt you willenter upoa the discharge of that duty with a full consciousness that it will re- quire of you great wisdom in estarlishing geaeral principles ‘and the utmost patience and care in set- ving details. No bank charter wili expire, during the presout year, of the seventy-seven banks in this Stele joing «business § under speolal charters -— The charter of on» will expire in 1849, four in 1850, and the residue from 1851 to 186 inclusive. There were of the stocks of this State held in trus: by the Comptroller on the Ist day of December Jast,to secure the redemption of notes issued by banke doing business uader the geue- ral haniting law, $7,900,239 80, and of the stocks of the United States $119000 Under our present laws, the stocks of the United States are not reoeivabie by the Comptrolicr as the basis of bank issues. The propriety of so amending the laws a3 to provide for their recep: tion, has been agitated, and 1 doubt not will be again at your present session. That such provieion by law will ultimately become necessary can scarcely be doubted; but [ do not think a proper regurd for the prospective yalue of our own stocks will justify it at this time While this cannot be suid to be a season of pecuniary embarressmeat here, the markets are feverish and deli- cate, and such a condivion of things is m.t,in general, propitious to financial I-gislation im our country, for reasons that have been 60 of.eu and so wellstated, that [need not repeat them. The education of its children has been and, I trust, willcontinue to be matter of the deepest sollcitude Common schools, from their univercality, reaching every neighboriood, und sheddiag their intluence upon every family and into every mind, expelling the prim sry courses of Vice and ormme, and ereoting altars to putriot- ism and virtury have justly been considered the peculiar objects of legislative care. ‘The practical importanc of the State Normal School for the education of teach- ers is beginniog to be felt, and in the tone, strength aud vigor to be given te common schools, by distributing shrongh the Siate, teachers who sball buve been tho- roughy instrucced, it is belleved will be found most convincing arguments in defence of reasun- able, but liberal appropriations, by the State to this object I'he capital of thé common school fund 051,447, and its a@nuual income for the ear $13,155,421 Phe expital in the deposit funds, $401,452 071, aud the an- nual income thereof for the lasc fiscul year was 6287,076. By the 9th article of the Coastitution itis provided that \de rum of $25,000 of the revenues of the United States deposite fund snail each year be appropri- ated to, aud made # pact of the capitulol the said com: ion school fund; aud by sn act of the 12th May last, it 1s provided that the resiuue of the United States deposit fund not otherwise appropriated, ehail bo annusily ada ed to tue capital of the common schovl fuad, The amount of pubiio meney paid on account of teachers’ Weges for the last year was $605,390 11, und the amount puid on rate bills $462,940 44, making an aggregate of $1,068,230 65. Krom thy returns made by the town au perintendents for ihe year ending 30th June, 1847, it appears that the whole bumber of children in the State between the agesof uve aod 16 is 700,443, and the num- ber of children taught in che common schools during the year, was 748.337, excoading the numbers between the ‘ages of 5, 8, 1,and 6, by 47,934. "The strength that Distrioc Libraries baveacquired evi- dences the public appreciation of Lieve important aux- iltaties to our primary schools. During the last year $92 899 68 have been paid for books, and there are now in these district libraries 1,300934 volumes Having discharged our whole duty to common schools, the higher institutions of learaing must not be forgotten. Auy abatement of the interest of the State im these in- is to bu felt alraost exclusively by those who, in their eaquiries after Knowledge, most require the fra; cernal care of the State. By tue-tortuoate sons of the sflluent, it is regarded with entire indifference, bat to tuo#e wiv are the artiticers of their own fortune, rowing aguiust @ strong current, strugglivg with poverty, und laboring with tucir hands to procure the tueaus of cuiti- vating their minds, it 1s matter of vival importance. The doctrine that would deny to tLose iustitutions any par- ticipation in the meaus from time to tine appropriated by the State to the cause of education, would strengthen aristocracy of wealth, by adding to it the aristocracy o: letters ‘The protection of property, and ths encourage- ment of its acquisition, are smoug the important elu- munis of civilization ; bat in legislating for a people whose institutions permit any boy, whatever his birch and condition, to aspire to thy highest places of houor und usefulness, it is a manifest duty to enact euch laws relating to mental culture, as wil piace aspicante for honorable promotion upon a iooting of equality, while you should leav» nothing undone to improve the char- hoter, and enlarge too sphere of common schools, | feel convinced that the ability of the State, so far as it can be exerted, without prejudice to other interests, will be put forth to furai-u facilites fora higher order of the payments in literature and ecienge. ‘The income of the literature fund is pledged by the constitution to the academies The capital i ‘ vielding an income the lust fiscal year of 17 65 cents, By an act of the 12:m of May iast, there was appropriated of the revenue of the literature fund, $13 000, and of the Uniced States deposit fund $27 000 makiug in the aggregate $40 000, and for each ot toe years 1317 and 1645, to be wopropriated by the regents of the University among the several academies and schools of learnicg, tn proportion to the numberof pu- pils in each, who shall bave pursued tae reqaisits etu- dies to entitle them to share in such distribuuions same act appropriates $350 to be puid to the regents of the University, to defray cerjain expenses incident to the oare of these institutions, and the further sum of $8,200, to be assigned to certain academics and semi- waries of learning, aud the purchase of text books, maps, globes, and phitosophical apparatus, Tiese last eppropriations were made as weil for the lust as this year, This act also makes special appropriations for the same period, to several medical colleges and other ia- stiturions of learning, to be pald out of the Unived States deposit fand ‘The year just closed, it may safely be affirmed, ha been to the people of Unie country @ season of unpural- leled prosperity and happiners. he earth has furolsh- ed almost every desoription of agricultural product, in great profasion and perfection. These bave found « teady market at lideral. and in some inetances extraor dinary prices; and in tbe prosperous condition of ovher avocations, trades, and professions, is furutsned avother iltastration of thy truth of the theory, which afliras that a wise regard to the interests of those woo cultivate the earth, is tue surest protection to the various iat-- reats of the peopls of the State, for the liberal prices with which labor has been re d. We are nots little indebted to the condition of parts of tha oid world, and particnlarly of parts of Sootiand aad Ireland Our generous and active sympathies for the suffering of t country 40 trathfully described by a dwstingaished state man, a3 poor, gallaut, generous and oppressed Leland, have been felt and acknowledged Her sicuation is painfully interesting, aud may furnish new evidence of the alacrity with which # freo people rush to the relief of the down-trodden and oppressed; bus the influense of these unhappy causes upon the value of our agricultaral products, st the expense of #o great suffering, i never to be desired. What we should most desire in this regard isa stable market. Our permanent interest cannot be promoted by temporarily large and extravagant prices, That condition of things is to be sought which wiil farnish the best seourity for a market subject to comparatively little fluctuations, and thus stimulate exertion by tuspiring @ reasonable confidence | that labor is to receive a fair remuneration The exp rience of the past it is believed, furnishes very little re 0a tohope for or expeot a ateady demand for any consi- derable portion of our surplus productions in foreign countries. While, therefore, an extraordiaary stats ot things sbroad dependent upon the seasons aud other # not within our cootrol, endin respect to which rin regard to time or extent no safe prediction can be made, may create # temporary demand for such urti- cles, the growth of Our country, as may not so realy find cousumers here, {t is quite apparent that a demand for consamption at homeis the only safe reliance for the husbandman. If to the atook of consumers in our vil- Jages and commercial cities we could adu the manufio- tures of auch fabrics, the labor of soreign hauds, as we now consume, much would be done to establish « perma- nentand stable market at home snd to twin the end sought by that wise and far-seeing patriotisin waick Looks tothe protection of the manufacturer,uot so much ia re- spect to his iaterest, as to seourr to the agriculturalist #8 fair reward for his labor, avsuwing that o:her occupa- tions, trades aod profeesions are dependent upow derive their nutrim:nt and sugport from, the farms The principle sometimer maintained, though by com- North, taws the national legisia- protection nominsliy to the menu- fe partial in its application, and tends to buiid the expense of ail others, will as; for while it acts principally upon the macufacturer, its secondary and important induence is the support it gives to the tiller of the earth. 1 have alluded to these considerations, not with a view to adisoussion of the great question of national potloy, but to invite your attention in this, its proper conuexion, to the importance of early, effloteat, and practical legls- lation in respect to manufacturing corporations our immediate predecessors devoted much time to the con sideration of questions connected with corporations of this character: and the House of Assembly. afcer much reararoh and deliberation, and after coneulting the sta- tietios of several of the sister States, and becoming ac- ted with their practical operations, framed @ bill received the t of a large y of that body Under the laws ot no State havo assooiations for the application of mechanical labor been more prosperous thon in Massachusetts, aud no where, it 1 believed, bus private manufacturing been so generwily and succes ly proseonted ‘The bill framed and adopted by the semb!y, embraced substantisily the provision of the laws of that State applicable to associations for manu- facturing purposes, with a jealous regard for the inter- eats ofthe laborer. ‘Tne House ot Representatives. to provide for thoir additional safeguard, inserted provi- and managern to and of existing liable for making any falrscertifioate or notice relative to the business or uf- fairs of the company.or whenever the debts of theasocia- tion should exceed the nmount of its capital atock, and fer making dividends when the company should be in- solvent ‘Phe bill also provided that all the corporaters should be liable icr «ii the debts and contracts of the cor oration until the whole of the capital stock is paid in, and that they should all be liable permanently to agents, laborers and operatives for te: . ‘The Se- pate, entertaining opinions adverse to those of the Astembly, the bill was lost, and I respectfully invite your attention to the subject, with a full conviction that your sympathy with the laboring classes will admoniah you of the importance of early dooisive ao- tion. Before taking leave of this subject it may not be inappropriate, aud perhaps it is due to such of your predecessors as occupied seats in the Senate when the Dill to which I have referrad was lost, to reour to the lenguage of the Constitution touching the liabilities of corporatora. The second section of the eighth article of the Constitution isin the following words: —" Dues from corporations shall be secured by such fadividus! liability of the corporations apd other means as may be pre- acribed by law’ The effect of this provision aot having been settied by the judiciary, ite languageis now, for the first time, to reovive a legislative construction. All ar- bitrary rules of construction have given place to simple rule, which requires us to give effect to the words in their ordiowry signification, considered in connexion with other parts of the instrument, and the history of the period when it was written. It will be conceded that the word corporations, as used in this sectionof the consti- tution is broad ezough to embrac her description of corporation known to the laws of this State, among which may be enumerated railroad, muoicipal, maou- facturing, charitable, religious and banking corporations, I should be most reluctant to come to the conclusion that the mombers uf municipal and religious corpora. | tions are hereatter to be made personally liable, but such will be the effect of one construction of the language we are using. For several years prior to. and at the time of the session of the convention thet framed the Constitu- tion, the doctrine of individual or personal liability of corporators, was a topic of much interest and not a little variety of opinion,—some insisting on unlimited person. al liadility—others demanding its application only to the extent of the capital stock owned by the corporators reepeotively ; whilst others insisted that itsbould attach only in cases of fraud, or the failure to comply with cer- tain statutory requirements, and others agaia denied the propriety of its spplication altogether When, tuere- fore, the framers of the Consti:ution used the term in- dividual liability, they used language imperfect and in- definite, except ia connexion with other parts of the in- strument, and words that would be applicable to indl- vidual liability in either of the forms | have mentioned If, therefore, it shall be prescribed by law, that corpora- tors shall be individwally liable in cases of fraua, this must be regarded as individual liability within the mean- ing of the Constitution, and a substantial compliguce with its requirements. ‘The whote exprossic uch individual lability,” is still mor8 significant, and strengthens, if possible, this construction istory of the period is important to be consid- ered in another respeot. The advocates of individual limbility insisted tuat,to banking corporations fesuing | bank noter, or any kind of paper crediis, to circulate as money. more thau to all eters should the doctrine of in- dividual liability attach —and yet the 7ch section of the eainy article of the constitution provides that in the leat mentioned class of cages it shall attach ony to tne smouns of shares of tha corp rators raapectively. if the 2/ectlon of the artiste hud provided for wulimited individual liability. it may well be aeked, why has the 7to section created bauks issuing this wer to circulate as woney? < Is it to suppose, that whilst the last mentioned sare required to essune only limited per- corporations are, to be made Hable without limita- sian Iu relation to banks, the language {s explicit, and if it had been the intention of the Constitution that in all other cases persons who should beooms members of a corporation should be made personally liable for all its | Cuve,we are bound to insist that ordinary language to con- voy its meaning would have bsen employed, and that in- acead of the second section of the 4:h article,a provi- | tion would bave been inserted, declaring in explicit terms that the embers of corporations should be indi- vidually liable for all demands ugainst the corpora'ion excepting from its operations, such banking institations as should issue their paper to circuiate as mone While therefore the Legislature muy impose such i dividual Habitity a in ite Judgment the publio interest may require, aud while tt must impore some, the kind ang extentof liability, except aa to bankn, ts believed to be m matter of lvgislative discretion. The use of the word secure, in the section referred to, is not believed to be in conflict with this construction—to secure is to | mak safs or certain —but an xo obligation to pay can be rendered certain beyond contingencies, the adoption of any and every meeun to secure ite performacen, implies | the exercise of discretion by those whos» duty or jatervet it may be toattain that odject. By some, unlimited iudi- vidual liability would be regarded as tue best security, whilst others believe that the effect of imposing such responsibility upon the members of corporations would be to deter prudent inen of business primarily to the couragement of industry; but this object ined uader the laws that will uuite the investment of pitel. | regard the subject as among the most important thet will claim your actention at the present session. You wiil tad it no diffloult task to devise such laws not incoupatible with the requirements of the constitu- tion ae will secure the walon of capital and jabor, and reasonably protect the public against ioss in your fester- ing care for labor, a8 well mechanical as agricultural ( feel assured no legislation will be negleoted, that in your judgment may tend to cultivate a due appreciation of ita elevated oter, aud enlarge the estimate of itn seen more ears than bave young men just entering on the active juties of life ; and a false estimate of the obaracter of muaual labor, induces an undue proportion of young | men to engage in professional and mercantile pursuits In the discharge of the duties that you have assumed as the representatives of a great people, is the eoquil whether the establishment of schoois, in which agrioul- ture and meehanics shall be solentiticaliy and practically taugbt, will not tead Lo elevate the rd of labor it ie reapeofully submitted, and may properly ocoupy a high place in your deliberation. | communicate here- with, a statement in compliance with the require of the last clause of the 5th rection of the 4th artic! the constitution, concerning reprieves, commutati: pardoos, During tie past year, five persons ba tered the extreme penalty of the law in this State, for the crime of murder. It will be seon by this statement, that two others, who have been sentenced to death for the eame crime, have had their punishment commuted to that of imprisonment in the State prieom for life. Tt will also be that duriog the same period, of the convicts in the several State prisons, pardons hi been granted to 101, and of the persons confined in local prisons, under sentence, pardons have been g’ ed to 29, ‘Ihe section of the constitution to which I have referred, evidently contemplaces that some provi- sion will be made by law, relative tothe manuer of plying for pardon. “Che evidence by which these appl cations are sustained, is almost ex-part-; but notion is now given to the District Attorney of the couaty where the convictions were had, of the tendency of the »ppii- cations respectively, and time given to him to resist in any form ‘hat he may think his duty requires I soughs eaily to establish some general and well defined rule to govern the exercise of the pardoning power, but in this (have been entirely unsuccessful, and have been com- polled to dispose of each, in respect : to the particular circumstance disclosed by the in formation furnieb- ed, It 18, therefore, to be expected that this duty will, in some instances, be { providently ditobar but this consequence seems to be incident to the power con- | fered, aad | am unable to recommend apy irgistation, which, in my judgment, will provide against ocoasional imposition and improvidence. I thiok it may well be doubted whether our laws in regard to the length of time that persons are imprisoned in tne State prison are not too severe, under convictions first offences. From the best information that [ le to ascertain from those who have had the care of persons confined for orimes, uch shorter term of punichment than that now prescribed by law would punish in most instances; would furnish sufficient tim for reflection, and for forming resolutions of amendment; and be woo is not reformed by ® comparatively brie confaement, is not to be improved by that kind of pun- ishment, and probably by no otber. If he is longer kept in prison, the community may be proteoted to that ex- tent, in s0 far as it deprives him of toe opportunity 10 commit crime during that period, but it Js believed thay ic does no: tead to seeure reforma ion ; , however, persons have rulfered, for ble ‘time, Imprison- ment in @ State prison, and after being permitted to yo al large. engage again in the commission of orime , refor maticu is 1@rely to be expected, nnd society oan only be protected by perpetual imprisonment ‘This case is & general rule, aud subject. like all others, to exceptions nnd those exces tions are believed to be proper subjects for executive clemency The Site prison at Clinton was established by a ikw of the 1st of May, 1844, and prior to the 30ti of September Inet, tuere bad been appropriated for tte coustrucion wad support at different times $155 000, all which bad been expended, aud chere was on that vay @ balance again. ‘State oF $80,120 On the 16cm dey of Veo, lust tuere we ppt ated the, faltber ee $26,000, making aggregate of al the appropria- tions on account of that edifice $190,000. The whole has been drawn from the trensury | ing 8 balance in the treasury of $3040 36, Under an aot of the 13th of May, 1940, there had been drawn from the treasury, the Mount Pleesant: special and limited liability for | ponsibility, the members of religious and otuer | nu only be at- | Stete Prison, during the last year, the sum of $7 000 ‘There was received by the prison during the year, from other sources, $66.961 14. making the whole amount ro- ovived by the prison during the fleoal year ending 3ucb September, 1817, $73.061 14. There wes 4 balance aur feom the prison to the State, on the 30th September. 1846, of $1,075 13, which, added to the last-montivnrd sum. makes an aggregate of $74,130 26 The whole amount of expenditures for the year ending 3th Sept 1847, wan $73 303 59, leaving & bulanoe due to the state ‘There was due from the Auburn prison to th Sept . 1846. being an excens of re- venue of tho preceding year over and @ the expen- ditures, the sum of $17 798 09. The receipts during the year ending 20th September last, from all the sources, Were $53,064 89, making an agaregate of $70802 93 The expenditures for the same period were $52,025 36, leaving # balance due the State of $13227 62 Under the act of the 8:h of May, 1846, the House of | Retugo for juvenile delinquvata in westero New York has been located at the civy of Rechester. A building has been erected and will be completed the ensuing | epring. Early information will be laid before you, show ing the expenditures that have already been made, and the nid that will hereafter be required of the State. For several successive yoars, tue Legislature has been invoked to enact Inwa touching the relation of Inndlord | and tenant, under tbe loases, in perpetuity, or for bf or or for a term of years, not lees than sixty; aud | auc ylaws have been passed on property as huve been de- | manded by that pecullar condition of chings that has not been inappropriately donominated the manor excil believed that more than 1.800.000 aores ot land are eti!l held in this State under theae lrases. cou- taining sunual reservations of rent, and in some in- stances, of services and quarter sales. and that a popu- lation ot more than 260,000 people reside upon the lands thus held, Many of the tenante. controverting the titler of their landlords or denying the validity of the reserva- tions in the leases, have at short intervals, for eeveral years, refused to pay rent. Associations have been formed, having for their objest, mutual protectjon. against what they declare to be the unlawful demand of their lxndiords. Some of the tenants, yividing to the etrong current of excitement, bave resisted the execu- tuon of process by force, and while engaged in euch un- crimes have been committed, of which the judioial tribunals of the country have taken cognizance, asin all other oases of a similar character ‘The perpetrators of violence and crime were not the only sufferers; the public not discriminating as to per- sons entertaining the same sentiments, as to the legal rights of the tenants, haye pronounced them all equally guilty, and huwdreds of farmers, who had no other crime | than'that of believing their landlords could not legally demand the psyment of rents, were declared by an Indignant public to be robbers and aseassins, although in the immediate vicinity of there acts of violence Por- sons have been found, who, while cheerfully lending their aid to enforce the execution of the Jaws, woul:t not con- found the guilty. Yet in parts of thy State remote from theee roenes of violence. and in other States, the true condition of things has been but !mperfeotly underrtood 1 is not my inten-ion in this communication to coasider | this matter in detail, now tuat harmony is entirely restored, still it in belleved that there msy be found among those farmers as many men who feel # denp in- terest in sustaining the law, a8 among the same number of citizens elsewhere, I feel impelled by a seuse of duty, | which [ will permit ne consideration personal to myeef | to deter me from discharging, to ask you to oonsider carefully and without prejudice to their righta, or the rights of the landlords, the condition of the people to whom I have referred ‘The bistory ¢f this temantry 18 tamillar to you, and it is tae part of wisdom to judge of | the future by the past. The privciple which bes beeuso often arsserted tout these tenures are uot iu harmony with our institutions, exists no looger in speculation; it has received the sanction of the constitution of the state, und is now part of its fundamental law. If the causes of irritation which have at intervals disturbed the peace of those parts of the State where thoro lands are situated, | are not removed or mitigated, is there not mueh reason | to fear that the scenes of 1311 and 1613, and of 1839, and 1846, will again be re-enacted ? That policy which teaches reliance upon a resort to | the rigor of the criminal law to puaish offences that a | wise forecast would prevent, or to enforce obedience to | laws which, hy judicious modification, would enforoe | their owa exeoution, | fel assured will not reocive your sanction, It is the first duty of government to enforce actrict observance of the laws, aod to puoish their tu- fraction with unshaken firmness. if it sould de found, at avy (ime, that they are not adapted to the wacts and tuterests of the peopl for the goverument of whom Uhey ure made or provided, they suould be amended or pealed ; but so long as they remain the lows of the ountry, they are to be enforded, whitever their che | rector, or however they may affect iodiriuual communi- | ties. But thisis not the ouly cbiigution thus reat: upou government while engsged in enlorciog obedience to the laws. A bigh duty devolves upon it to seek out and remeve ary causes of discontent that muy exist among ite people 1 will not suppose it po mbiv that in bringing this cubject to your notiow I shail be re- gacded a+ giving countenance to legisivtion atfecting, or that may assume to affect private rights, or iinpair or weaken t ¢ obligation of contracws. The grea: object of the institution of government, is the protec: | tion of the rights of persons anu property, and that go: vernment which tails to acoompiish this object, is uc- | terly worthless, and you do vot need to be iniormed that enactments which seek to disturb or divest privaie rights that hava put on legal forms, are wholly inope: tive. It is believed that one of the fraitful sources of isquiotude among these tebants, is the apprehension | that their landiords have no title to the lands, and thet aying routs and making impro Of yeurs, they muy, by Virtus of u superior title t under which they hold, be ejected from theic pos session. All persons who have hela large tracts of land cosa testify to the facility with which reports uotavoraole tothe titie csm be put in cleculatinn, and to the mis- obievous influence of such reports when unfounded. — ‘This appreuension, that the title to the jauds which we are considering is invalid, has brought to the | Legisiatare, from to time, upplications for the pas- sage of a law requiring the lwndiords, in actions to be brought by him against bis tenants, to prove he bad # good paper title to the lund the time the leave under which the tenant holds executed In support of these applications, they have stated, and cor- rectly, that by the law ait now exists, the tenautry iteeli js evidence of the landlord's uitly. so toat while ia possession they ure not committed to more evidence of its invalidity, and that if they abandon the lands, th | bave no title to assert in themselves, except such derived from the defeotive tile of their iandlords, which they are seeking to defeat. They also suy, and with equal trath, that as the laws now are, their possession aud that of their ancestors,as tenants, ia which it hus been continued for a suflcieut number of years, enures 8s @ title to their landlords as effective against all | claimants, other than the government, a8 the most per- fect title, and they ask that the laws in this partcular may be changed. My opinions as to the propristy of uch legislation were early formed aud fully expressed | at a former period when occupying arespousibie ofiice, | that of @ representative of a highly intellig+mt constita- enoy in the popular branch of the Legisiature of this State. ‘In the absence of laws governing the acquisition of property, there could be no titles, and he wuo requires title to property in any of the ways known to the laws at the time of its acquisition, is entitled to be protected in its enjoyment, and no action of the government can divest him of bis interest except the exercise ct that ex- traordinary attribute of sovereignty known as the right of eminent domain, by which te property is taken Lt therefore follows, tbat he who hes ao- i the laws of their country declare shall term of years work a title, is just as much entitled to be protected in ite epjoyment *s he who is enabled to trace his paper | title to the common source. Legislation, which cam be | subjected to the suspicion Crag rag to weaken or im- jands caunot be too pair, however slightly, the title to efally avoided, and inssmuch as that which,js sought by the tenants in this respect, is obnoxious to that obenge, and would be wholly inoperative, | have not 6 objet to je to bring myself to its support. ote i the ascertainment of the be be obtained by the t title of their Jandlord, effect without offending in the amaiiect particula the laws that govern the rights of property. or thoss equitable obligations which this State bas so often recognised in cases where it has had the Ingal titles to lands in which others were equitably interested. Io actions to be brought by the tate involving the tiie | for lands, the obstacles that are thrown in the way of | te persons in ite investigation would uot be encoun acjadication would be entirely conclu- nid it is believed would. be evtirely ee- If an action or actions of | State. in auoh conse | ab discharged . duty, | 2 faitly tried, the State will bi | which, in my judgment, it owes to the {wportano» of the subject, ana to the interest as well of the landlords ‘ag of those holding under them in the character of ten- ants and purchasers, It is difficult to understand why the moat senritive holders of large tracts of land should feel niarmed at the prenpast of such action on the part of the government. ‘he confirmation of their titles can- not fail to render essential s-rvice in alleying irritation and di*quietude, and benoe increasing the value and ee of their lands; and | am quite sure it State will engage ia such ‘nterprise for the purpose of enriching iteelf. The general current of her action in regard to escheat sinc: mation of government, farnishes the sures! and ‘megnanimity, and if it i be found that the legal title to avy of the lands tor the receiving of which any sach prosecution shall be inatituted, shalt be in the State, sbe will cheerfully release the same to such just claimants ao may be equitably entitled to the lands. In auch cases, the State, in divesting itself of the title, would the pewer, | and, it is wot doubted, would everoiae it, to proteot every equitable interest that should be found to attact 10 tbe | jaods | will only add, in this connexion, that while | | bbould regard every attempt on the part of government mbarrass or rertrain private acquiriious aa #n un- wrrantable and despotic assumption of power, | evant doubt thatit is the duty of government tm disposing of | its public demain to coofine the wales. 60 far e# practca- ble to small parcels,and to actual settlers | Under the new Conetitution, | think it fs now quite | Apparent thet the judiciary, with wise statmiory enact- | ments, will be emuentiy ruccersful. Much bes be o | done by your predvoerors in providiog for ite orgum'ze- tion, but aoder a new aystem, experience will *ugerst to time the peorssery olj-c ion, aud there Is no power in the oourt to correct errors, if'any, in the reports made, or to be made by such referees or arbitrators, and lavmediate le« gislation to provide for the owlesion, seems to be de manded. =e, Price Two Cents, A proposition was submitted to the last Legtelatura to provide by-laws for standing rv frees, Tam iaslined to think such legislation isin cocfliet with #0 much of Lhe Constitution as abolis ies masters and exuniners ia chancery In my messag’ in the opening of Last aration, [recommended auch a practical division of Lanor among the Judges of the Suprem Court, as woula designate one of the Judges in each district to hold Equity Courts, leaving the common law duties to be discharged by the others and | respectfully renew the recommvudation. Out of the First District the forer. after dutachiug one Judge, will [thin be amply sufficient for the discharge of the common law duties, and if we expect that district, Toannot doubt that asiogle Judge, by holding two Equi- ty Courts in each County in his district annually, will hear and deoide every cnuse in readiness, A liberal system of voluntary exchange by Judges of several dis tricta is doubtless unobjectionnble, but I have been un- able from the beginning to understand why each J should be required to divide his time among the districts, Asrequired by the judiciary act of the May last, after hearing ar.uments, the Judges must ne-~ cossarily remain together for deliberation, and to pre- pare written opinions, and to Judges residing remote trom euch other, this detention in « matter of great ia- convenience, and the effect of such inconvenience cam fesreely, | apprebend, fail to render their dusiberations bosty and unratisfactory. Be-ides, the «flactive (ores of the Court is diminished by the length of time ocecupied in travelling. A judge ean much easier, and much better, discharge the duties fter he has become feimiliar with the babite od with the clara of questions that there arice; and you are re~ spectfully requested, in your deliberations toucbing the Neiary, to co! r the propriety of making ‘amendments in conformity with them ‘ons. By ® communication trom the retary of War, under date of May 19th, 1846, my predecessor was re- quested to cause to be eprolivd and mustered, iuto the service of the United States, seven regiments of infan try. Arequisition was subsequently received for one of eaid regiments to proceed to Caliiornia; and in obe- dience thereto, the 7th regiment, under the command of Col J.D Stevenson, sailed fron the barbor of New York in the month of September, 1846. From this re- giment nothing official has been reoeived since its de- parture. In the month of November, |! 46, the Secreta- ry of War made a requisition for anotber regiment from tbix State, and the lst regiment was mustered into the service of the United States, and sailed for Mexico in the month of January last, under the command of Col Wart B, Burnett. By the report of the adjutant gene. ral, to be forthwith trauamitred to you, you will be fur- niehed with ail the official Informntion possessed by th!s department in relation to the two regiments mentioned, and also to the military condition of the State The war with Mexico bus impored new wnd delicately interesting duties upon you. It may, avd prebably will, in its progrens, claim further racrifices from this State and | rely with the utmost confidence upon your rendi- pess, as the representatives of w gailant aad patrictio people, to discharge with alacrity any duty that may be oast upon you In the Legislature ef (bie State, in 1846, when the first inteligenoe wns received that | American blood b crimroued the waters of the Rio Geande, upon a proposition to appropriate money ter ths enrolment of troops, in expressing what [ thea deileved to be my duty as & member of chat body, I said “That our country ia in wstate Cf actusl war with Mexico, none can Joubt, ‘ths causes of that war are to me cow unimportant. Ail here now that from the first | was opposed to the annexation of Texas: that is now Awe ier foregone, ‘texas ia now bone of our bone and flean of our flesh, and they who invade avy portion of that country mvade the United States; ang | will ‘as oon vote for the enrolment of troops to roil of Texas as to protect the spot on which | now stand, Whether the conduct of the government, in has ordering our urmy to march Into thet country been such as it should bv, or not, ts also a fur conclusion. Our country bas bern invaded, and th blood of our citizens has beew shed; acd | wil tain that country aud those citizens ageinst s foreign Demy, at all times and under all clroumatancrs, right or wrong” Although these :mpulsive tuggestions were naturally consequent upon the receipt cf in elligence thatthe blood of our people hud been shed, suco im- pulses, ia matters of this vescription, may generally be trusted, and [ suid nothing, which upon mature conel- deration, [do uot feelit my duty to reiterate [do not, however. mewn 'o be uodr14:000 as nayirg, nor can such nn infarence b- fairly drawn from anything | bave ssid, that it is unimportant in w war with « lureiga country, that 4 government shouid be right. It h been truly said that can befai hus war is ration, particulsrly if its peop! felt the sudduing aod reSuing trfluenees of Christianity nnd clvilisstion, aud cin outy be resorted to for Just caus, aad br Justiti d by high regard tor the rategeny and honor of tur nation Netioual honor j# not merely the vthereal, theecho of bigh-rounding words, 1 is tu intimately counected with our well-being. Ube power «f seit preservation, and indeed OWr Very existence 4s & Da- tion Thy power todeclare war is vested iu the Con- Giese of the United viates, aod when onc either under # decinration by Cong h we have been involuntarily plunged by the ag- foreign governmens, the power to mak with the Presigden: of che United States and , end that doctciay watch teaches obsdi~ euee tomunicipsl laws, whateves their character, uaul © modited or repealed, requires of ua, aa citt- the United States, and tm our corporate oapa- one cf the members of the cooteder to cine up to the help of the government sgalast a foreign enemy, however w may have been involved in the war, and Whatever its causes or objects Such ts our vondi- tion Now, we are ina war wich Mexico, aud in ite pro- gress the country has responded to tue demands of triotiam, with Sepinit and geal as pure »nd ardent as that which burned in the bosom of those who fought the bat- tles of the revolution, under officers whose oxmes will live as long as the knowledge of le2tere by which their heroic deeds have been recorded Our a@rmics have Achieved @ of the most brilliant victories Anown to the history ofancient or modern tunes. ‘The country, slways indieposed to war, would reoely: with joy intelligence uf en honorable pence; but to Fr der @ peaoe hoacrsble,| (hink she would demand, sad has a right to require, that it sball be accompanied #ith suoh indemnity as, upon the page of history, will be evi- dence of an acknowlvdgement “y Mexico of the supert- ority of our armies; Uut ot the character and extent of uch indemnity | may uot spesk in this communication. With the retura of peace will come a season of cam de- liberation and searchiog inquiry—the causes, the con- duct, and the result of the war may be then’ properly and usefully {nvestigated; but until our enemy ohall have beeu subdued, discussions involving colli- sions of opinion home, cannot inil, by ex- citing false expec! in Slexico, to embarrass negotiations for confid fore, that such discussions will not be your deliberations. so long as there is an enemy in the field. 1 feel assured that we shail look only to the honor of our flag. How far legislation by you may be demand- ed, reeuiting from the war with Mexico, | apprehend ononot a: this time be determined. Obio, and Piellere others ef the Stutes, have made appropriations to meet the expenses of soldiers, inourred after enlistment, and vefore being mustered into service, looking to the gene- ral government for relmbursement. If there shall bes farther requisition upon this State for troops, and pro- vivion shail not be made by the federal government to meet the expenses mentioned, | respectfully submit that it will be your duty, as I aoubt not it will be your plea- sure, to make the necessary appropristions. Before taking leave of this wubject, | reapectfully invite your attention to some fitting and proper legislation in regard to the remains of the brave men from this State who have failen in Mexico, ‘The New York troops have been fouad in the thickest of the fight, And where the battle raged most fiercely, vielng with tach other in deeds of noble during on every field, from Vera Crus to the city of Mexico It is one of the offices of Christian civilization, to cultivate « kindly sod delicate regard for the remains of decease ed friwnds; hence the emotions that are felt as we linger in silence among the reating plac Ic has been suggest-d that legisiauon i should be conned to the officer be difficult, sf not impossible, to identify the bod: soldiers belovging to tbe troops of this State. however, it wil be found that in most cates they bave heen buried reparately from othrr dead It #0, @ emall appropriation woud effect this wuch 10 be desired humane ebj-ct, The bods of may of our offers of the bigher grades bave been brought home by tbeir re- Jativen or by the kindaees of trieuds; and | re«pectfuily recommend that provision be wade by the State for bringing baek the remaian of the residue of the soldiers and cfioers, that euch of them may by delivered to their Kiodred and filends as may by ree dy (0 receive then — wod that for the residue of the gallant dead « common wing place may be provided; snd if aot too diffeult to bs obtained, ia ground muds classic oy revolutionary eeones. In cunclusion, I have only to exprees the hope, that in the discharge of the duti-s to which { bave referred, and ail others pertaining to your representative oa: city, you will br cheerea by ibe smiles of heav: enlightened by Divine wisdoin JOHN YOUNG Jax, 4, 1848, of Li valued at $60, the property of A & J of Hudson aud Spring streets. He wasd deavoriig to sell the outt to Mr. Crawford. Merritt locked him op tor trivl. Burg ary.—A young chap by the vame of Richard Barnard, wae arr: sted lnat night on a charge ot breaking {roa new butiding, situated on the §/xch avenue, near Irdeteeet, ete wilug therefrom 20 pare of butt hinges tue property of James Clark Odi-er Witiams,, of the 18th ward, cauglt the rrcal conveyed bim before Justice Merritt, who comm him for trial ‘Attempt to Shout his Wife Arann by the name of Micha+l swift, was arresied yesterday on a charge of snapping » pistol st his wife, with totent to take her life, Justice Ke ohwm looked him up for trial Stealing @ Coa: ~A bitck feliow, called Charly Jack- sou, aa de teoted yesterday in the act of steaiing k cout worth $10.4 the sloop Aciri. lying #t the foot oF Maiden laos, belonging to James Miller, csptain of he tloop The bl ek raacsl ran off, ant after ® cba8e of two blocks he wan cau. Lt by ollicer Maxwell. of (be Second ard police, aud ore ducted b fore Justice Osborne, wno looked bim up for fen aneous. d rhe beie Reilroad to Port Jer , for the first (ime on the Abt Deo AtA paoy, the iow geve way on Friday might, Slet Deo; but the og continued 20 denee that boats could tbele way out wauil the next day, They are nt trips mabe Kg af rt. Conn. © wyed $19,008 te! toeues An engine p: via, on the D