The New York Herald Newspaper, January 3, 1849, Page 1

r } f THENEW YORK HERALD. NO. 5326. THE FIRST MESSAGE oF GOV. FISH, OF NEW YORE. Fellow- Citizens of the Senate and of the Asembly :— The commeecement of another year has brought ther to discharge high trust with which yeu bave been commissioned by the people of this State, og laws for the gevernmeat of nearly three Taillions of freemen. Before you enter upon that im- ‘portant duty, permit me to congratulate zon upo the circumétances under which you me The ye: ‘oh has just closed, bas been one of anusual prosperity to the people of our State The Almighty Ruler of the Universe has been pleased to vouchsafe to usa con- tinuance of bis many blestings; the influences of Teligion and learning have been extended ; thy labors of the busbandmen have been crowned with the re- ‘werds of an abuntant harvest; the mechanic and arti- geno hav joyed: well earned return of their ho: Sndustry; commerce and terpri people. gradually spread their influence, and are developing Rew sources of wealth and prosperity, Prominept among the benefits which the past year has brought, is the restoration to our country of the blessings of paase. While other nations have been threatened with fa- mine, or ravaged by pestilence, or convulsed by foreign Ware, or by civil commotions, our thauks are das to Almighty God for His signal blessings conferred upon ourcountry We enter, then, upon the duties of our Fespective offices, surrounded by these evidences of the re of our people, as individuals, and of their pros perity es a commonweaith ‘The public confidence in the credit of our State was favorabiy exhibited by the terms on whioh the loans authorized by the act of the last Legisiature, ‘ to pro- vide for deficiencies in the Sinking Fuad under the Provisions ef article 7 of the Constitution,” wer: taken A part of these loans were taken at par for stocks bearing five and a half per cent interest, re- deemable in the year 1855; the balance was issued at ix per cent interest. also redeemuble in 1855, for wbich a premium, averaging 2.80 per cent was ob talaed, The entire debt of the State at the close of the last fiscal year, and the annual amount of interest payable ‘thereon, was as follor General Fund Debt. Canal De Am’t. Inve. Am't, Debt ++. §338.044 85 $5 989.603 32 + 905.037 54 16,674,898 91 38,751 00 ++ +. $1,241,082 39 $22,708,843 23 here is a contingent MabLity of the State, arising from the loan of its credit to certain corpora: tions. (which have hitherto paid the interest,) amounting to........... $1,233,905 60 Making the entire outstanding debt, both direct and ipgent,” on oe + $23,937,243 33 ‘h n 30th Sept last, a surplus of the Canal Debt Sinking Fund. carr the credit of the next fiscal year, available toward the pay- ment of the above mentioned debt, tease +» $115,958 40 There wes a deficiency in the General Fund Debt Sinking Fund, of $1,008 97 which bad been edvauced from the revenues of the General Fund. sees 1,008 97 Making the total liability of the St on the 80th Sept last, above the means on band fer its redemption.... . . $23,822,304 40 The revenue of the State for the last fiscal year, was a8 follor 1. Ge Fund—Sorplus revenue the 80th Sept 1847.... 111,665 98 Permanent revenue.ex sive of the constitu. tional appropriation of $200 000 annually, from the surplus of the canal Tevenues.......- 188.030 60 State tax......... 0+ 238,303 74 Mireellaneous and tempo- reryreceipts..... .-... 20,005 14 Sundry receipts, for which revious advances had en made, or which were to be withdrawn sequently from the 1.623 88 Treasury... .....e eee selec nr pe cinliscansteaing peas: . aneluding penal tien Rove se cce ners $8,163,614 24 Rent of surplus wat 8,354 14 Interest on current eanal qiasine kinesin by ——— 8,204,707 15 $3,833,959 40 jes above men- +» $3,204,070 16 we Expenses of collection, superintendence and ordivary repairs 155,860 64 Appropristed and ¢ ‘spart by article 7 of the constitution— 1, Towards the CanalDebt Sinking Fand....... 1,800,000 00 Il, Towards the General Fund Pebdt Sinking 350,000 00 ML expenses of govern- BM escce occ 200,000 00 ———— $2,705,850 64 Leaving the remainder of the revenues. $498,219 52 ‘which sum is applicable to the completion of the Erie an rgement, the Genesee Valley and the Black ver cai The canal toile (including the tolls received from railroad) daring the season of navigation, for the ear 1846, amounted to $3.459 69029 Compared with corresponding periol during the year 1847, this amount exhibits a decrease of $216 881 83. Tho tolls of the year 1847 wore greatly augmented by reason of the extraordinary demand for provisions ead agricul- tural producte fir exportation, to ment the necessities arising from the failure of the crops in many parts of Europe. From this cause, the tolle for the past season ‘were Jess than thre of the preceding year; yet, as com- years with all other years, they show » steady and rear ta) ent of the Erie canal and the com- pletion of the Genesee Valley and of the Black River Canals are progressing as rapidly as the limited appro- priations to those object inder the coasticution, will permit. Previous to the resumption of the public ‘works in May. 1847, about 98 miles of the eniarged @anal. and 328 structures, had been brought into use, ‘at an expense of nearly $10,000.000 The enlargement ‘will embrace 980 structures, upon the entire length of the cansl At the opening of navigation next spring, there will be 1/3 miles of the ad 409 structures in tee; in addition to which, derab'e amount of ‘work will have been done on other portions ef the a trnotures not then complete. The entire length of the Bia k River canal will b 44 62-100 miles, exclusive of 4234 mi igation. on the Black river. Contracts made. covering nearly all the work necessary to eom- late 35 miles of this canal, whioh, it is thought, will $e brooght into operation in the sorlag of 1850 On the Genesee Valley canal, 62 miles are now in there being 663; miles vot completed. A latge smount of work is under contract between the sent termination at the Deaaville ride-cut, and the Ca- The oommnis ree i may be ready jgation to this latter point by the spring of rapid stgmentation in the business of the * han produced a correspondiog increase in the mber of boats employed in their navigation. Ao- cording to the Register in the Auditor's office. the pre- sent number is 4.743, being an increase of 622 withia one year. The magnitude of this indispensable append- «0 oar internal commerce. may be estimated from the tact, that the boate if placed in line, would oscupy ity miles of the length of th: nals, The t of tafe and convenient odatron of such amass of vessels, with the for the cheap and expeditious recap- ge of their cargows, has become a mat- ter of publie concern. Under the authority of recent a" xtensive basins have been commenced at the expense of the State, in the city of Buffalo; while the eommodioug basins conatructed by local enterprise in the oity of Albany. and by the Atlantic Dock Com- pany in the harbor «f New York have been eminently serviceable in securing from injury thir large fleet of doate. which our system of internal navigation has @alled Into existence. The re’ or priacipally applied to purposes of re, on the 30th of September last, as Common School Literature U. S. Deposit nd Fand ‘und. tal. «+. +.+ « «$3,211,475 14 $265,80678 $4,014,620 71 ince in treasu- ry 8Cth Sept 47 124,94716 18,204.60 ring the Reo'ts year.» 3 s+» 107,22025 18,18361 951,577 24 A tions Drier a te U.S. Dep Fu 165,00000 27.000 00 $407.167 41 $69. 888 90 $251.677 24 28490200 49,5926 249,684 48 Balances of rev'ne the Tresrury ‘B0th Sept, 1648.. $122 26541 $10,655 64 $1942 76 I will prevent s detailed statement of the fin tistics of the State. The snoual report ef the Inspectors of State Pri- sons Will present to you the state and condition of the isons and the reovipte at expenditures of money uring the yeer, with other details of the important 4 este with which they are obarged. Jeoommanioate herewith, in contormity with eestion 5 of article 4 of the Constitution, a statement of the reprieve, commutations, and pardons, granted during the past year, by my predecestor. Reports of the Adjutent General and Commissary General, which will soon be transmitted to the Legis lature, will furnish full information on the subject of tke militia, ana the arms and other military material of the Stat ‘The Common Scbool System of the State continues efficient in thel discharge of ite important objects. The number of forganized school districts. reported during the past yearj was 10,621; and the number of children taugbt in the common schools during the year was 175,723, being an increase of 27,336 over the umber reported the precoding year. The number of unincorporated and private rchools repoted was 1,786, im which 32256 ebildron were taught; making the aggregate of 807,979 children, who receive instruc- tion in the common and private schools of the State. ‘The emount of public money paid for teachers’ woges, during the $639,008 00; and thi amount paid on bills for teachers’ wages was $400,074 44, beiy <an aggregate of $1,105,682 44 Intimately connected with the success of our insti- tutions of learning, is the establishment and support of libraries for the use of the p: The liberal and fer-reeing policy of the law of 1838 provided for the formation and gradual increase of libraries in each of the school districts of the State. During the past Year $81,624-05 have been expended by the State for this object. Upwards of one million three hundred thousand volumes have alreedy been distributed, carry- ing the means of mental culture into every portion of our wide-rpread territory. This beneficent legislation of the State, bus recently been seconded by # sigaal exsmple of individual liberality on the part of one, who, though not a native of our land, had realized in his own career the benefits of the full and fair paccicl- cipation in the privileges which the libvral policy of our institutions extends to all, without regard to the place or ciroumstance of birth. Jobu Jacob Astor, a native of Germany, who lately died at an advanced age, in the city of Now York, by his will, has devoted the large, end, in this country. unprecedented amount of four hundred thousand dollars, to the foundation and perpetual support of a library forthe free use o the public. The trustees to wbom the management o this munificent donation has been committed, will under the directions of the will. apply to the Legisia- ture for an act of incorporation to render the manage- ment of the library and its fands safv and convenient. 1 cheerfully commend their application to yqnr en- lightened encouragement. The foundation of such an institution, with ite treasures of lesrning, cannot but be regarded asa striking eventin the literary his- tory of our State. From the representations made to me, I am led to believe that the restoration of the office of County Su- perintendent would be productive of good to the achool efficers, are now greatly diminished in number, and that ny of those received are so imperfect as to be of little valve, ‘The report of the Executive Committee of the Ner- mal School will show the condition of that most v: lueble sgeut in the cause of education. This school is doing a great and good work. It has ceased to be an experiment, aud under its present judicious manage- ment, it is growing in the confidence of its friends, and attracting the inte: of many who once doubted ite practicability or its usefuln The limits this communication will not permit jailed stetement of the various public charities Their annual reports will exhibit their prosperous condition, and their labors in the ascom- plisbment of the benevolent purposes for which they were designed. The numter of patients in the State Lunatic Asy- lum, at Utica, on the let of December last. was 495, which is about as many as can well be accommodated in the ineticution. During the six years of its opera- tion, this asylum has reorived 2,014 patients, of whom 814 bave been discharged cured, Personal ohserva- tion of thie institution, during the past summer, enabled me to notice the neatnese, method, and excel- lence of its management. The Institution for the Deaf and Dumb, numbered among its pupils, in the latter part of November— Beneficiaries of the State of New York “City ot New York. pal ad State of New Je ‘ bd Institution itself. . Supported in whole or in part by their friends. Being @ total of.......sseseeees As the institution has no permanent funds, ite investment in buildings, its existence depen the annual sppropriations of the Legislature, from which it receives nearly three-fourths of its income. In company with the Superintendent of Common Schools | attended an examination of some of the olasres during the last summer. A more interesting exhibition of the excellence and beuefits of @ pubils charity, conld not have been enjoyed. In the New York Institution for the Blind, the weie, on the 4th of December. 135 blind persons, vi Supported and educated by the State of N. York ..104 “ “ « New Jersey 7 bed 4 Med 148. soo bad “ gratuitously by ti tution 1 Graduates employed as teachers and otherwise... 2) Fe seseeessceee 133 e the usefulness of this institution, an appropriation of $15.000 was made at the last sersion of the Legislature, providing for an asylum where those who bave finished the course of instruc:ion, and acquired a trade, may support themselves by their own Jaber. J learn that the contracts have been made, and that the building is commenced, and will be oo: pleted within the appropriation. tiry fe accomplishing its ben cond to none in the excelle: . OF in the hum: d It merits, and I trust will re e, the continued aid of the State. In the New York Hospital, 3178 lents have been under treatment, between the Ist of January and 30th of November last; of whom 2155 were discharged, cured Inthe Lunatic Arylum ar Bloomingdale, which is under the charge of the Governors of the N Y. Horpital, there were 120 patients on the lat of Decem- ber Jast, The annual Fair of the Stal Agrionltural Soolety held at Buffalo, in September last, is represented to have pea equal to ite y which had preceded it; and ¢: @ interest of our people. as well as their 7 ded to promote and encourage. This Sostety has heretof-re mada valuable contributions to the cause of agriculture, in ceveral interesting volumes of its trapractions, "I understand that the report whioh it Will prerent this winter, will contain more than the ordinary amount of interesting and valuable laforme- on. The history of the State evinces that ite legisla- ture has not been content to confine the exercise of ite powers to the mere enactm: ministration of the ordinar> f or for the supprersion of crim public works, its schools, apd institutions of warning, are proud evidences of a determination to promote the increase of ite commerce and trede, aud the moral improvement and happiness of the people. by acts of monificent but judicious legitlation. We have long recognised itas@ high and holy duty of a ctvilized government, :o provide for the general dissemination of learming—to foster the enterprise of its people —to develope the resources of the state—to encourage its industry—and to secure to that industry ite surest and most ample rewards Much has been dove to effect A noble fand has provided, and d academies ate sowing broad rning The higher branches of seience anc the arte bave not bern neglected —the en- dowments of the culleges and universities have gen- erally been liberal—and the rich return of these insti- tutions, im the advancement of good scholarship, of profound lesrning, and of hberal and lofty science. is the surrst evidence of the wisdom of the pi libet ie ty of the etate, and the strongest ino to its future continusn I think the time has arrived when the State is called vpon to make ment of agri knowledge in tha mechanie cience of agriculture has re- cieved much aitencion, and its influenee, in combina tion witb the practical labors of those engaged in ths evnobiing purru'ts of husbandry, has lessened the toll and increared the returns of the tillers of the soil, Similar influences have prodaved similar results, with Tespect to the mechanic arte, er, ond indepem bility t to minister to ots of others itis bo'h wise and politic for the to sid the advancement of those parctoula: branches of knowledge more immediately bearing upon ‘be purruite of the great producing classen, In this view. I cannot too strongly recommend the endowment by the State of an agricultural school, and ® school for instruction in the wechanioarts | would puggert am annual appropriation to be expended under the direction of the Regents of the instructors in the 1 od with agricul p ttlents, to test the utility of the plan, and: if deemed faneedg ite duration may, in the first instanee, be ‘im The constitution of the state omits to provide for the contingency of a vacancy occurring in the eftice of Governcr pending ® vacancy in the office of Lieut. epant-Governor. As every precaution should be taken to guard against @ failure of the depository for the excutive power of the state, an amendment to the constitution. to meet thie omieni w sabject, which is confided to the legi»la Diuch of the time of the State L:gistature is ni cupied with business of aloonl charaster. which might, with propriety and advantage, be transferred to the Bosrde of Supervisors of the majority of the members of the but little personal ki the local questions tpo: At r of the power ov not only with the theory of the eonstit but with ite express provision, ead would bring the local legislation more nearly home to thore direotly interested in ite results, And while it would elevate the office of Superviror, it id wave to the State Legislature a larger portion of its time for the consid eration of subjects of more general bearing. I recommend to your consideration x modification of the criminal code, The puntshuent of orime should be certain, rather than severe. Long terms of imprisonment produce @ crowded state of the prisons, Which Ir made the Justineal ion of appeals to the Execu. tive power of pardon. if it do not at timer present a necersity fer ita exercise. In a popular government, where every branch of the civil power is in @ measure affected by public opinion, certainty cannot be attained unless the punishment which the laws prercribe, be im accordance with the prevailing sentiment of the commuaity.— That sentiment is undoubtedly opposed to severe pun- isbment. It frequentiy operates upon juries, to in- duce either an arquittal, or the conviction of « lesser crime. rather then @ verdiet which will be followed by a punishment beyond what the jury may deem ale quate. However rigid the di-position of the individual Vested with the power of pardon, the force of senti- ment strong enough to find its Will sometimes reach him, and open the door of the prison, before the expiration of the sentence. The certainty of pul ment is thus sacrificed to the se verity of the legalepactment If this be correct, it suggests the propriety of abridging. in proper cases, the terms of imprisonment, By the present laws. no person can be sentenced to aState prison for less than two years, 1 think this minimum might be reduced toone year. And | recommend the substitution of « larger sum than the law now prescribes for the division between grand and petit larceny, Our former penal code placed the limit of petit larceny at twelve dollars anda haif; but as the exchangeable val f money receded,.it was exten dollars. ‘The sawe reasons which induced this change more than thirty years since, seem now to demand s further ex- tension, In connection with this subject, I also recommend the ensctment of some regulations relative tothe ma.ner of applying for pardons. In the absence of any legislative provision on this subject, the applica- tions for pardon become almost equal in number to the convictions, It is not within the limit of my duty to suggest the nature or the details of provisions which the stitution has committed to the witdom of the Legisla. ture; but, in my view of the importance of restricting the exercise of this power, | eaunot omit presenting the subject to your conrideration. Under proper and judicious regulations, the number of applications for Pardons will be greatly diminished; while the power can be exercieed with greater discrimination and tafety. The interests and the convenience of the public, as well asa regard for the rights of property, call fora revision and alteration of the la y into the jury box, under which taxes, and assesements for local improvements, are impored, and their payment enforced In the ox ercice of the power of texation, crin delegating it to other and local bedies, the Legislatur utmost vigilance to confine thi sovereignty within the most rigid limits consistent with the publio necessities. While the amount of the tax should be limited to the wants of the most econo- mica] administration of the government, the mode of its collection should have regard to the convenience cf those who are to pay; and payment snould re enforced in such @ manner as may most advan. tageourly combine certainty with economy and pee of notice, Sales of snd for unpaid taxes ave hitrerto been held at the seat of govern- ment, at irregular period Tam aware that thore have ‘been strong objections, from those whose po- sition and experience entitle their opinions to much consideration, to these svles being mae in the counties within which the lands are situate. But I am rot able to see sofficient force in these objections, to resist the arguments. based upon the convenience and the interest of the parties affected. in. favor of transferring the place of sale to the respective counties. Many titles have been lost, and the hard- earned savings of years of toil been swept away by means of a rale conducted at # distance. and without the knowledge of the party to be affected, fora tax im- pored before the title had accrued. These rales. as now conducted, are sure to meet the attention of the vigi- lant, and of the wealthy land owner; while the induce- ments which they present of a high rate of interest, in care of redemption. and of atill larger gains in case of an omission to redeem, attract the keen-eyed and watchful speculator; but they ere seldom brought to the perronal knowiedge of parties whose only property conrists of the lot of which they may be deprived by thie remote. and to them not notified, process. I trust that the Legislature can so regulate the transfer of the place of ho'ding there cales as to avoid the objections which have been mai Under the pres-nt laws a very large amount of per- sonal property entirely exoapes taxation. I recommend such alterations as will distribute the burden of taxa- tion more equally, snd will reach mere effectually eho eenerally, Linea hig’ The levying ef assessments for local or municipal purporer is frequentiyfexercised so arbitrarily, and 20 oppreasively. that the power of the Legislature has olten been invoked for its arrest and limitation. [ cannot doubt that the Li ture ought to interfere in favor of the rights of Property against the too fre- juent abure of this por thority under which there abuses are committed rived from the Legis- lature, and thet body is, therefore in a degree held reeponrible for its exercise by those upon whom it has been conferred. A large number of elaims against the State for dama- pete eal Scmstrante, broken by the State under the law of 1842. remain unadjusted) The State ha: al- ready paid to contractors, for their loss of profits by reason of the suspension of the public works in 1842, the sum of $450,738 91. and awards, amounting to up- wards of $6000 remain unpa'd, by reason of the exbaustion of the approp'iation to pay auch claims. A further appropriation bas become nece-sary. Some of these unrettled elaima amount to $30 000 or $40.000 They are decided by tl nal Board. which ie aleo charged with the deolston of ail other claims un- der al contracts. and of appeals from the a: ja of capal apprairers This branch of ity busivess. added to the other numerous and important official duties of the members of this board, throws upon it an amount of labor beyond its ability to discharge. Delay inevi- tably results, and while the claimant is thus injured, the interests of the State are not Properly secured, for here should want of adequate powers in the Boara be authority to dirmies a claim in defaul brought to a hearing on an assigned should be some cfflcer particularly she;z-d to represent the State onthe hearing of all claime for canal dama- ger. Ithae beem suggested that the interests of the State. as well as of the claimants, would be advanced byrelievirg the Canul Board of this portion of their duties, and giving the decision of all claims under canal contracts toa commission, with adequate powers to protect the interests of the State, | present the suggestion to your consideration. A communication will be presented to you informed. by the canal appraisers showing the awards made by their board A large ant is yet due for awards made mere than @ year since, an well an for thore more recently made. An a Coogee mc will be Decertary to weet these awards, eommunication Of the apprairers will suggest come alterations in the powers and duties of their board, which will recei your careful consideration. Much excitement has prevailed during the past year among the inbabit f Richmond county, with re- Tavagen among the surrounding population. The giand jury of the county has presented the establish- ‘ment ae @ Duirance, and has found bills of indictment ogaipet the officers of the State who have it in charge. A committee appointed by the late legislature has been recently engaged in the in: and feasibility of selecting buildings. Iam not apprived of th have elicited, nor of the conclusion to which they b arrived Their report will be laid before you. and \ demand all the consideration dae to the hesith a tizen. and to the important com | interests so vitally concerned in the proper Jocation of this establishment, The constant increase of the commerce of the port of New York bargiven rire to an impression that the emoluments of the health officer of that port, whone compenration is derived from fees dependent upon the nomber of arrivais,are far beyond the amount ne- cesrary to kecure the most eminent servicer of tho meoical profession An officer charged with the im pertent dutier of that situation. rhould be liberally rewarded; but if the ally suppored compensation of this officer be not greatly overrated. the amount of his emoiumente is excessive Ifa reduction be proper. it may be made to take effect from the expiration of the term of cffice of the present incumbent Long previous to the pastage of the laws of 1847. the Decerity was felt of reorganizing our ayatem of logis lation with respect to emigrants, and of placiog the subject of emigration on » baris better suited to exist ing and prorp: oti ‘The great migentor movement cf the , which has gone forward, under one form or another, trom # very early period of equalizing population, sowing slong its path f future strength and dominion, opening new fields for the arte and rciences for religion and morale, w empires for freedom, loh, in our days. bas bad ite chief direction from Europe to this country, bad, of late years, assumed a magnitude which made it & subject of primary importance in the State where its effect is firetund most felt Wasted by cruel bardebips on his voyage, the emigrant was the prev of tyrtematic iraude and extortion, even befere his foot tcucbed the f his long looked for lana of promi-e a Friendle: Cpe with few about how ‘dg dertow bis energies beneficially to himeelf or tobis new country a short and ineffectual struggle against his lot, made bim an inmate of the alms bouse, and the com- panion of paupers. This condition of things it was felt had eaieted too long, and if eontinued, would be a re. proach to the civilisation of our age, to thehumane spirit of our institution as a lasting injury to ovr State. whieh owes to of ita pros. at, then, that the re the efforts of county arsoriat! but should York, with extensive pow virions as appeared most o purpores im view, im the mid: leeive to the benevolunt f thy preliminary ar. TWO CENTS. Tapgementa of this board, an emigration unprecedent- ¢d pot merely im numbers, but in destitution and direase. was poured in upon it, and added to the em- barrarsmyrts inseparable from the orz.azs ton of @ rystem so extensive and so complicated. But it was the good fortune of the State, and of the emigrant, to Sndin the integrity and otion of the gentlemen entrusted with the arduous and responsible duties of cowmirsionern. resources adequate to the emergency. The benefictal rerults already obtained, furnish evi- dence of the wisdom and efficiency of the system. It d that since the passage of the laws alluded to, upwards of three hundred thousand emigrants have arrived at the port of New York, not one of whom has become a charge to any city or county in the State. For further details of Interest and value, your atten- Hon is directed tothe annual report of the Commis- sioners, to be rendered according to law, to the Legis- lature In the nature of things experience, and the practical working of the system must disclone further mprovemente. which, doubtless, the Board of Com- mirsioners will suggest, and which will receive full coprideration at your hands, ‘The 7th rection of article 8th of the Constitution, makes the rtockholdere in every corporation, and joint stock astociation for banking purposes issuing bank notes or any kind of paper credits, to cirowlate as money. after the first day of January next, individn- ally reeponrible to the amount of their respective rhares of stock, for all the debts and liabilities of every kind, contracted by the corporation or association after tbat day. In some of these institutions the ate isa stockholder; in most of thein, more or leas of the stock belongs to infants, or is held by charitable institutions, or by trustees, and others acting ing fiduciary capacity; while large amounts belong to per: rons reriding out of the State, and bayond the jurigdte- tion of our courts. I eupposa this provision of the conrtitution to contemplate only an ultimate respon sibility for deficiencies, after the exhaustion of ths arrets of the institution; and that it has left to the legislature to deolare the manner in whieh that respon- sibility shall be enforced, and in which contnbution shall ‘bo made between the several associates, ‘The pear approach of the time when it will become opera- rents the necesrity of considering this subject bia sersion of the legislature Code of Procedure adopted by the last legisla- ture, went into operation the Ist of July last. It wi not expected that as system, working so radical a change of long established rules, could be enacted without the necessity of numerous subsequent altera- tionr, which time and experience would inevitably indicate Many modifications will doubtless be brought to your notice. and | respectfully commend them to your rerious consideration. in the hope that the defects inevitable in the commencement of a new syatem, of euch comprebensive extent, however numerous, may pot jeopard the many improvements which this code has introduced. he present operations of the Judiciary System reem inedequate to the speed: ministration of justice, In the Court of Appeals the business is ac- cumulating ; 80 also in tha several districts of the Su- reme Court ; although probably the largest acoumu- jation is in the firet district, where the numbers of caures u20n the calendars of the Sup.ema.as well as of the local courts in the city of New York, is increasing beyond the ability of the ceurts to dispose of the do not with to infer that the difficulties thus far en- countered, are pacertarily inherent in the present system, but would rather entertain the hope that they way be found incidental to the change from an es- tablished to a new rystem,and the nearly simultaneous adoption of an entirely ‘new code of practice inthe courte, and that a remedy may be found within the Trach of ordinary legislation, without resort to an amendment of the cenatitution Iv has been suggested that relief might be obtained in the firet district by an Increase of the judioial force, under the 41h section of article 6 of the constitution ; but the cenrus of 1845 does not show such proportion between the population of the olty of New York and that of the rest of the State, as will maintain the con- formity required in case of an increase of the number of justices of the Supreme Court. {do not doubt that an addition to the number of the judges of the local courts in that city, will greatly contribute to the des- pateh of businers, and will relieve much of the pressure upon the Supreme Court I would also suggest an amendment of the Judiciory act, whereby the busi- nets of the ceurts sbail be so distributed as to leave to the Circuits the mere trial of issues of fact. The establishment of tribunals of conciliation isa provision within the contemplation ef the constitution, Courts of this nature. although unknown among us, bave been long in operation in other countries, and are represented to have been produotive of great beno- fite by the prevention of litigation, The power of avch tribunals being simply advisory, except so far as parties may voluntarily agree to. and their decision can scarcely failto produce an influence over a rea- toning and moral people, in preventing law suite, raf- ficient to commend their establishmentas a part of the rystem which the constitution has contemplated, be- Jore we indulge in sweeping condemnation of that ays. tem, or courmence the work of amending the oo: tution. In this view I bring the subject to your con- tideration x the: suggestions with difidence, as the sub- nguged able minds. but hitherto’ without ef ing the derired relief They present themselves to teurible modifications of the present ayatem, short of an amendm- pt to the constitution, which I am un- willing to recommend. During the past yeur, the war im which our country bad been eo uvbappily involved with the neighboring republic of Mexico, bas been brought toanend The conduct of that war reflects the highest possible credit upon the officers and men who have achieved a series of victories unparalleled and uninterrupted from the Grrt brilliant success of our arma on the banks of the Rio Grande, down to the crowning act of the war, the capture of the capital ot Mexico The gratitude of the ple has been mort cheerfully accorded to nd men of those gallant armies, who, in rpite of jealousies at home thwarting and embarrasring their action, have added lustre to the Amerioan name Nor are the rerviees of the navy forgotten by hearts grateful for deeds of valor. After the commencement of this war. but one feeling avimsted the whole country. The consideration ef its origin was forabe time suspended, by the fact of ite existence; and among the mort ardent of those 6 geged in the rotual confict of arms; as also amo the most active supporters ‘of the vigoro provecution of the war, were men who thonghe that War not only unwire and;impolitic, but neither just nor peecestary. They had bad no agency in ite com- mwencement, but while hostilities were raging, they cheerfully gave their best energies to their eountry, Feserving tb ir opinion as to the caures which had in- iF. until the restoration of peace should joa to review the condact of thore who had been charged with the administration of the government Ii the valor and the prowers of our people were ent: lirbed in the field. their philanthropy and justices have been vindicated by their condemnation of the mea- surer apd the policy which had broken the silken cords of peace, and involved two Christian nations in the horror cf war. Among the consequences of the late war with Mexi- co, has been the acquirition by the government of the United States. of a large extent of new territory. Jam surtained by the decimons of the highest ju- dicial tribunal im the Union, in the cpinion, that while the relstions of the inhabitants of the newly quired territory, with their f.rmer government e disrolved, and new relations establithed be- tween them and the government ot the United States, towhom their allegiance is vow transferred, yet, that the Jaws which regulated the intercourse and general conduct of individuals within that territory at the time of the transfer, remain in foros, until altered by the newly created power Among the laws of Mexico in force, within this territory at the time of ite acqui- sition, was one for ever aboliabing slavery. The change of sovereignty over the territory, not affected the validity or the force of this law, which. according to the established principles of international law, and the courts remains in force and is e present day, tothe exclusion of sla- very from that territory An effort. however, is being msde to abrogate or annul that law, if not by its actual repeal threugh a direct legislative enactment, at lenct by indirect means. the effect, if not the object. of which will be to permit the introduction of slaves within the territor, However: we may deprecate the necessity of discuns- ing & question of & nature toexcite sectional prejadices or f-arr, we may no longer avoid the consideration of ove which ie now of present, practical, and para- mount importunce. The State of New York early manifested her attach- ment to the principles of universal freedom, and ber Tepugnance to the institution of human slavery, Hold- ing that the constitution of the United States at the time of its adoption, found slavery to exist within and by virtue of the Jaws of the several States, and there- fore recognized the fact ofits exirtence as a State {arti tution, witbout giving to tt, in any degree, @ national ry or constitutional character or exiatence. left it em. tirely depencent for ite continu: od ite regulation npon the legislation of the several , our State, half a century since, commenced a course of | tion for the gradual but certain extinction of al within her borders, As a party to the federal compact, the has ever adhered, strictly and literally, to the com- promices of the constitution; avd has not sought to interfere with the domertic institutions, or to disturb the Interval poiley of any of the other parties to the compnot; but bas left each to exercise, in its own way, the same power under which rhe bad proclaimed free- oom me» within her limite This course ehe will continue faitbfally te pursue; and while she intermit the expression of her attachm ciples of universal freedom. and of her human bondage will abstain from all interference with the domestic institutions cf other Stat that moral influence which must attend her exe conviction The * compromises of the constitution,” as they are fomiliarly terme not of right extend to territ beyond the limits of the original thirteen States privilege ich the; le y be granted. wly sequired territor: not one of interference vo soil pa oh it re- pre-existing no slavery existe V enlst there, without elther the express or the tacit assent of the old States = Itis then a ques- tion of the introduction of slavery into territory from which it is now excluded. and the consequent political Tepresentation ef slaves in the Federal Congress. wh: ever the new territory shall be or; te, and admitted as suel 1@ foron of and the expression of her deep-seated e there be any one subject upon which the people of the State of New York approach near to unsnimity of rentiment, it isin their fixed determination to resist the extension of slavery over territory now free. With them it involves » great moral prine'ple, and overrides all questions of temporary or of political expetivnoy. None venture to dirrent; and inthe mere difference of degree in which the sentiment reoel G ithas proven pswerful even to the breaking dewn of the strong barrier of party crganization. This senti- meut is not of recent origin with our people. It was this sentiment which. Efifty years ago, prompted the abolishment of slavery in this State. [twas thie nearly unanimous sentiment of the people which was reflected and received utterance in the voice of our State Lo- gitlature, at the period of the agitation of the question, on the admission of Misrouri into the Union. Slavery not only existed at that time within the limits of Mirrouri, but was legalized within the whole of the territery acquired by the United States under the treaty with France. The people of our State were induced to yield thelr assent to a then made, whereby a State permitting admitted into the Union, formed out of territory not embraced within the compromises of the constitution, by the consideration that slavery and involuntary rervitude should be for ever excluded from the remaixing portion of the territory within which slavery was theretofore authorized. They yieided the politionl advantage of slave representation, by m por- tion of the territory. for the moral triumph of esta- biishing freedom throughout the remainder. They ure new asked to become parties to the exten- sion of slavery over territory already free, Their an- ewer may be read in their past history I believe that it is almost, if not entirely, the unanimous decision of the pecple of this State, that under no circumstances will their assent be given to any action whereby the institution of slavery shall be introduced into an part of the territory of the United States, from which it is now excluded. During the past year, the people of the United States bave exhibited another instance of the pexceful- ness and order with which they select the magistrates to whom they confide, fora time the powers of govern: ment. The universal acquiescence in the decision of the majority, indicated immediately and unhesitating Jy after the strife of the contest, aifords the most en- coursging arturance that the perpetuity of our insti- tutions is not jeoparded by differences of opinion, with reepect to the individuals to be entrusted with ower. hi ‘The recent elections throughout the Union, have bad the effect to restore to the people, through’ their more immediate representatives, much of the power which had been gradually tending toward the Exeou- tive They have declared that the will of the people, on questions sffecting their interest anu welfare, as expressed through their representatives, ought to be reepected and carried out by the Executive. They have proved that the American people value peace, and the advancement of humanity, asthe true ends and objects for which « republican government was found- ed. They bave given expression to the sentiment, that the constitutional powers of our government are beneficent in their design, and they have administer- ed a rebuke to that creed which holds government to a state of inaction on the subject of education, indus- try, internal improvements, and other kindred mvas- Yucatan, and Central America. An arrival at New Oriraos irom Belize, Hon- dures, brings accounts from that place to the of December. Accounts tom Yucatan received at Lelize, report #ffiirs in that nntry in a very diflerent condition from the information we have been receiving trem Yucatan papers, The Ob- server of the 2d inst. says from the interior of ‘We have received advic Bacalar. whichr it Several towns have been re-taken by them, It is also stated thatif they anoceed in re- taking Ticath now closely besieged, they will at once preceed to attack Merida Wm. H. Ceffin, Feq. haa heen aentenced to six months imprisonment and a fine of £100, for writing: certain articles which appeared in the Observer, Fe- fleeting on public offlcere It appears from the Belize Observer, that the British government. through ite Vice-Conanl at Nicaragua. has demanded the payment of debta due British sub- jects, Nicaragua's share of the debt fa $136 035, and the interest on this rum for 20 yenra, at aix per cent, is $163 300 more A portion of this muat be pati before 1860 and the remainder it is proposed to aonso- lidate and issue new stock, The government of Nica- ragua is required to give seourity for the religious Ob- fervance of the atin lations imnased by the British Consul; and in the event of failure to make the rogue: payments, the English are 'o take posewasion of the Custombouse of Seo Juan dul Norte watil the amoant be made up, The British Consul asks immediate com= r e with there demand: hnt the Aeembly of Nicaragua adj urned without coming to any arrange- ment in the matter, In addith m to thie difficulty with Nicaragus, the British government. throngh ite om/asariea, is endea ring to bring about some tronble with Honduras and St. Salvader, for the purn rm. ore eunnoss, of seizing upon Central America. Honduras and St. Salvador protested against the occupation of San Juan by the Knglivh, and Mr Chatfield addressed the following rather curious letter to the Secretary of the State of 31) Selvador:— “Sin:—I have received the Official Gazette of St. Salvador, number 66 and mv attention has bean di- rected to a decree of the President of the Sist of May, 1848, It in with grent regret | observe thia new proof of the disposition of the governmant of St Salvador to oppose that of H B M.. esosoially after having done all in my power, a the British reprasentative in Cen- tral America. to cultivate ® cordial harmony with the authoritive of thie State Acknowledging the power of the President to issue any order ha may think fit, it ia, at the sare time, my duty toobserve that when a de- cree i# publithed * affecting Brivish interests. u unconstitutional ’ t ‘an Salvador no be surprired ‘if it should be made responsible for the indiscretion of ite governors,’ “T abstain from commentine on tha rancour (unpre yoked) that clearly! hae dict: a this desree; b must eny that it would better Mave merved with ta dignity of your a¢minirtr if at firet in a had been made artothe f h D alpt- tately legislated wy bin examivation would have shewn—ist, That it is not tram that the urer, locking to the happiners ot man, the advance- ment cf freedom, and the melioration of the social and political syetem. Thave thus endeavored to comply with the requ! ment of the Conatitution, which makes it my d communicate to the legislature the condition State. and to recommend such matters as I ma expedient, It has been my aim to state facts, make rvggestions, without more of cetall or 0 ment, thun seemed necessary to a clear statem the subject. 1 have entered upon this responsibl: with much diffidence; relying upon the indulgen & generous constituency. ever ready to excuse error of the underst purpore, and purity of motive. 1 now rubmit there matters to your enlightened consideration, with the asturence of my most cordial co-operation in all your efforts to ndvance the varied Interests of our great State—confident that your de- liberations and actions will be earnestly dircoted to such ends as will promote the public interests, and advance thejcause ot religion, learning, morality, and happiners, 1 invoke upon ‘those deliberations and actions, the blessings and the guidance of that Al- mighty Being who rules the univerte—in whore hands the wisest of men are but humble agents of his. will, HAMILTON FISH. Albany, January 2, 1849, Appointments by the New Governor. Governor Fish has made the following appoint ments :— Private Secretary—Robert H. Morris. of Otsego. Messenger— Jasob Springsteed, of Albany. MILITARY STAFF. Adjutant General—Samuel Stephens, Quartermaster F Paymaster Ge wer Kidd. on F. Cogawell, M. D. Judge Adve — Lewis Benedict, jr. Engineer in offord Military rkeon KF, Crosby. Aldea ‘annon, Troy; Benja- min Nathan, N Claxton, Cohoes. Marine Affairs. Port oy New Yorx—Arnivats ov Vesseis anv Pas- sencens.—The following statement of the arrival of vessels, and the number of passengers from foreign countries from January 1] to December 31, 1848, was made up fror the books of the Revenue Department, which are kept by Mr. Thorne, to whom we are indebt- ed for the facilities offered in obtaining it for publica- tion :. |. Barks. Bgs. Schs. Stehips, Gate, Total. ‘2. 6m) ae iT —- is WO 260 1 Be 54 % 6 8 1° = a eo 8 3 — a 93, 1% 2B 4 - “ wo 1% 8 = 30 6 F = = = 31 ee 25 7 -— 2 = - 13 9 $= = = 4 - wis = 2 6 23 = = n Oye Be arn ie cg a 6 a" 3 i 1 2 »oSs =- = = 4 a Sea 5 ies peas Reale oe 2 Verezuelean . ., A et ony hy a 1 Sardinian 2.) g@4aee- = 3 Kop ntaiien « - --- = 1 Li : 1 = = 1 Bo SESS ie 8 of all classes fcom fore! froma foreign porusim IGA7ee Showings decrense of £7, ‘The pumber of pamengers arrived tn Ie Increase over 1247... teens 7 More or THe Wittiamstown Mystery.—The North Adams Transcript contains a statement concerning the fate of the young woman who died s0 mysteriourly under the care of “Doctor”? Roberts, of ‘Williamstown, It is made up from the investigations of the committee that visited Albany and Troy. Thi girl reemn to have died broken-hearted. We extract thet part of t than oid our mony relating to her bist 0 at which time el to alady ¥, Who then kept # small but reputable board- ivg hovrein that city. She was taken to that board- ing-houre by @ man who still resides in Albany, and fs somewhat extensively known. She was introduced to the Jandiady a » Miss Cynthia Barker, Herlage was stated then to be fifteen years. She remained at this house in Albany for one year, and the expense of her beard wae paid by t me person who introduced ber there, She wae constantly visited during this time by gthisrane Albany man, with the promise cn bis part. and expectation on her part, of merriage The nuptial day was apointed, and all thirgs made ready ; but her lover did not ap prar But I will not fllow this part of the testimony fariber at this time, Suffice it to say, that after being foiled in thie way for a number of times, she loft Alba By. disappointed and heart broken, and took up her residenee in Troy, at which place she hes lived, in re- #pectable femilies, to the day she left, in eb: of Dr, Kcberte, for this place, It aopeared by the evidence precuced. that during the whole time she resided ia ‘Troy the wax known by the name of Cynthia Barker ; that industrious and prudent, and her associ- ates reepectable; but she could not become reconci od vith her former treatment; and that she continued to mourn over ber ill-fate. till she found that the dire dis. are. consumption, had fast hold of her, staring herin the face In this dilem: Albany to her old friend, advice Her old friend would here gladly d that follows, and forever hide it from my view; but I cannot stop here. It further appears in evidence that her old sriend came to see her, and introduced a man whom he called Dr. Roberts, telling her that the Dr. bed a neat cottage hcuse in the country; that he had agreed with the Dr. to take her home With him; she would find it a very — it rituation dt! Dr wouid econ cure her, be quite well ; she reoet premire of marrisge when hei ciently recovered. I shi th a} l- pars Over the swiftness and y from Troy to Williamstown; nor trast the situation she left in cottage of the Dr ; but will farther state t appeared in evidence that this young lady re- monstrated ageipst leaving her friends in ry. taid she was afraid ehe was to be sent away from her friends to die; bat +he oovld not bear the thought ; ding, if accompanied by sincerity of | portefSan Joan ha «bean acknowledged to be tral Amerien 24, Nv ther ia tthe iver of Sag. far as the fort of San Carlos ocoupled by or rsionof HB. M arma 31. That the tari sblished in the Muequito port of San Jaan is obli- (cry to the commerce of Granada by the river nan, ncorclusion. I must etate to you for the informa. n cf your government. that [ shall place this decree nder the notice of H B M Government, in order bat they may be acquainted with - the adverse feel- ings of your government, leaving even ity post une becesrarily and unsolicited, to ineult HB. M. Gow- ernment in an affair which practically does not affsot the interest Of the State of Sa» Sulvador.” Ibave the honortobe.&e KF Cuateienn” Totbis the Governmrnt of San Salvador returosa very long answer, commencing hy «tating that the President had directed the letter to be returned unanswered, being too insulting, but alterwarde resolving, that as there ‘were many observationsin that letter which ware ab- rolutely necessary to be published to the whole world with bis remarks on them, he hed ebanged his mind. [From the Boston Advertiner Jaanary 1] InsurREcTION IN Honpvras.—-By the Septem- ber, at this port, from Omoa, Nov. 24, Truxillo, Dee, 7th, we have received the news of an ingur- rection in Honduras. On the 2lst November, meeting was held at the cuy of Teguci- gualpa, by a party of military persons, over whom Santor Guardiola, a General of division, presided, in which a pronuncianento was adopted to Tepudiate the authority of the state assembly and other functionaries net »ppornted according to law; to seize the persons of Geu Franciseo verrera, Cor- enado Chavez, and theiragents; to demand from the supreme governmertthe sus,ension of the capitation Jaw, and that which reduges the ‘military force and their pay; the convocanen of a grand constituent ase sembly, and the punishment or banishment of those who may be found guilty; authorizing General y Guardiola with full powers to realize this object It was further declared that the Assembly shoul meet at Mineral de Crdros, on the 15th of December, and be composed of one member from each municipality of Honduras, who mght be either a resident or not, in his district. They placed themselves under the protection of the governmenta icaragua and Salvador, giving information to every town, through its au- thorines, that they migit signify whether or not they appreved of the mensnre: In case the Vice President retused to accede to their propo- sitions, the Jandkolders were to be called to- gether. As soon #8 possible, a document, ex- plainingand detending thie procveding, was or- dered to be published, and had been sent, on the sume day, toeach department, by the presiding ofscer. The ineurrectionary party had taken pos teeeion or Comaya, the capital of Honduras, about Nov. 28, and the government had fled to the town of Opotica, the natural sitoation of which is strong, and had called upon the different depart- meats of State for men and money. 1 Interesting from News from Pa- " «eo. From the N.O Picasnne, Deo. 24 J By the brig Fideli», Capt. Kendrick, whicn lett Kingston, Jamaica, on the 12th inst., we have a file cf the Morning Jowraal to the 7th inst, One of the first things which meets our eye ia the Journal is the following from Panama :— ye have advices trom Panama to the U5th ot November. There was at that place her Majesty’s schooner Cockatrice, with stores and provisions for her Majesty’s surveying ships Herald and Pan- dora, the first from the edge of the ice, where she had been in eearch of Sir John Franklin and his party, the other from Vancouver's Island and the Sondwich Islinds. These vessele were momen- tarily expected at Panama. Admiral Hornby, the commander-in-chief in the Pacific, wns at Valparaiso with the Asia (64), Gorgon steamer (4). Juno (26), and Calypso (24). The Champion (18) had ssiled for the northwest The Briti hbng Mary Russell, Pain, master, with pearl shells aud hides for London, was ex- pected to leave in a couple of days, as would also the French ship Minerve for Havie. Besides these there were in porta couple of Granadian schooners arrived from the coast, The Colifornia, the first of the American line of steamers to ply between the port of Panama and San Francisco, California, was exvected to arrive betore the end of this mouth or the beginning of January, and will take the maila for the North- west Coast to be brought to Chagres by the first of another new line of steamers between the States and that port. Panama has therefore become the central pont in the Pecific, whence depart the steamers to the south as feras Valparaiso, and to the north up to Oregon, as from San Franeiseo there will bea branch to that point, and there is little doubt that ere long there wil! be also a branch to the Sand- wich Islands and China put on foot by the parties running the American line tothe westward. The repair of the Cruces road is to commence on the Ist of Jannary next, the Royal Matl Com- pany advancing the New Granadian Government tunds sufficient for the purpose, the latter providing a corps of two hundred sappers to do the work. Perhaps our readers are vot aware that all the ports in the isthmus are free, and that vessels can come and remain in them all the time they think fit, without paving tonvage dues, and that the du- ties on all poods imported are reduced to the nomt- nal rate of five-one hundreds of a real p*r pound, or less than one percent on an assorted cargo, The only exception to .hatrate is on spirits, which pay a duty of about eleven reals per dozen. Sugar, TUM, cotton, coco, and tobacco are not permitted to pags intransit. Cigars may be imported at the high duty of ten dollars per thousand. With such advantages, and with the line of steamers diverge ing from this central point, we should say there 19 a fair opemng in Panama for extensive business, and we conceive that before many years are over it will be a very flourishing place. The Antigna Vbserver mentions a rumor cure rent in thatisland that his Exceileney, Gov Higs ginson, 18 shortly to reliaquixh the government of the Leeward Islands, his Troellepey having been appointed to succeed Sir Charles Fitzroy in government of Australia—this latter heing about toretire. Gov. Higginson will be temporarily sue- that she wanted to die in the prerence of friends; that the bad a secret to reveal to some friend in her dyi hour which was known only to herself and one other per- son. She raid eo jal friend, “If | grow worse I shall send for you; if I send, come quick, that [ may divulge the secret, and in peace.’ What that in abe wished to communicate to rome friend in ing hour, may be imagined by all who heard the = Bates ag A but will probably only be known on a manifert.— Springfield Republican, jay when Feerets of all hearts shall be made ceeded by Lieut. Gov. McIntosh, of St. Kitts, who is at present (October 12) sojourning in Anti The Jowrnal mentions an outbreak oc curred in the parish of “Saint Thomas inthe ast,” on the 27th uit., 1n endeavoring to execute I process, The laborers on an estate rose ani + rescued a prisoner made by the law officers, oad \ prevented the arreet of othera aguinst whom there were warrante. We inter from various circum stuuces that it was no dangerous affair, Las)