The New York Herald Newspaper, January 8, 1851, Page 2

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

THE FIRST ANNUAL MESSAGE WASHINGTON HUWr, ‘THE FOURTEENTE: GOVERNOR OF gzw vorK. Fellow-cittzens of the Senate = and the Assembly :— In taking a general survey of the condition of the Commonwealth, whose interests have been entrusted to your charge by a confiding people, we witness the most ifying evidences of public prosperity. It is impossible to contemplate the varied blessings which have fallen to our lot, as a people, without emotions of fervent gratitude to the Supreme Being, whose benignant favor has protected and sustained us through all past vi- ciesitudes. The State continues to advance with august Strides on its upward mission of freedom and ci- vilization. republican institutions reared by our ancestors, and preserved in full vigor by the enlightened vigilance of the people, have been vindicated by experience, as the system of overmpment most favorable to the dignity and Sooo of the human race. Some of those in- Btitutions were reformed and liberalwed by our mew constitution. Politice! power was brought nearer the people, by investing them with the direct choice of their judicial and administrative ta, and it is a scurce of high felicitation that Sie secocsefal result of this o1 ic change has furnished fresh proof of the rae of our citizens for an intelligent discharge of the responabilities of self-government. At no former period in our history have the aflairs of the State presented a more encouraging aspect. The year which has recently closed was peculiarly prosperous and auspicious. The pes tilence which visited our cities the previous year, and which continues its desolat ra- vages on some portions of the continent, disap peared beyend our borders, and was followed b' @ season of heen ge pu lie health. The eart yielded an unusual abundance to remunerate the toil of its cultivators, and industry in other forms, including many branches of trade and Manufactures, found ec'ive and profitable em- ployment. With our rapid progreas in wealth and population, itis graufying to observe the con- stant advancement of our people in moral and intellectual improvement. The wider diseemina- tion of knowledge among the masses, the influ- enees shed abroad by our seminaries of learning, the constant increase of religious ani benevolent institu’ions for the alleviatioa of human sorrows, the peaceful conquesis of invention and the arts, all tend to elevate the condition of society, and to strengthen the foundations of popular govern- ment. These genial influences, combiniog to avgment the happiness and exalt the character of the Stete, have been cherished by the liberal spirit of past legislation ; and { cannot too earn- estly commend the enlightened action of your predecessors, in this regard, and especially in se- cording the efloris of humane individuals to im- ove the mora! and physical condition of the un- rtunete and the humble, as an example worthy ef your emulation. ht affords me much satisfaction to congratulate jou on the sound and healthful condiuon of our tate finances. It became my duty, before retir- ing from the office of Comptroller, to prepare aa anoual report, exhibiting the condition of the Treasury, and of the several funds, at the close ot the last fiscal year, to which, with suggestions | thereir contained, I would respectfully invite your attention. _ It appears that, after meeting all the appropria- tions pryable during the last fiseal year, from the ordinary revenues, there remained a balance in = gon fund, at the close of the year, of $54,- lt is estimated that the receipts of the current year, from ordinary sources, will be sufficient to defray all the usual expenses of the State, and that the resources of the general fund, as now established, will be found sufficient at all times | for the support of the government, without an increace of debtor taxation. There is aa evideat necessity, however, for economy in the expendi- tures; and [ trust you will feel the importance of keeping the appropriations within the reliable means of the Treasury. Im addition to the ordinary eurrent revenues, the Compiroller’s report exhibits eertain balances due to the general fund from ar- Tears of taxes and other sources, from which it is beheved the Treasury will realize over $350,000 Within the ensuing two years It is with special Teference to thisfresource that I deem it expedient, in the present communication, to recommend some appropriations for new iostitutions and improve- | ments, which are conceived to be essential to the pubhe welfare. The egaregate amount of the State debt, on the 20th day of September last, was as tollows:— | Canal debt + $16,171,109 16 General Fund deot.. . 6,359,693 32 ; $22,530,902 48 exclusive of the stock loaned by the State to cer- tain railroad corporations. 1 will appear from the reyort of the Commissioners of the Canal Fund, that the operations of the sinking fund are steadily reaueing the canal debt. The application of the | eapal revenues in the manner prescribed by the State constitution, will discharge the entire State debt, now existing, in the year 1868. Our canals continue to yield a rich return. The amount received for canal tolls, including in- terest, rents, &c , during ‘the last fiscal year, was $5,486,172 30, being a smal! increase upon the re- ceipts of the preceding year. After paying all the expenses of Po 9 prog gpa collection and re- paire, and $1,860,000 te the sinking funds and the genera! fund, a eurplus remained from the revenues of the last fiscal year of $800,206 49, applicable to the completion of the Black River and Genesee ba canals, and the enlargement of the Erie canal. Previous to the last season of navigation, a con- siderable reduction was made by the canal board im the rates of toll on certain leading articles of transportation Opinions will probably differ as to the precise effect of this reduction upon the trade end income of the canals; but it is generally be- lieved that it attracted edditional tonnage sufficient to equalize the diminution of revenue Serious apprehensions are entertained that the trade of the Erie canal will be impaired by the competition of railroads and other rival avenues im and out of the State, unless early and effectual measures are fadopted to cheapen the expense of canal transportation. It is conceded on all hands that no mi reduction can be made in the cost of canal freight without reducing the rates of toll, until the enlargement of the Ere canal shall en- able our forwarders to increase the capacity of their boats. This important object will be attained, in a partial degree, by the completion of the new Jocks,jon the enlarged plan. The reconstruction ani enlargement of these structures has been nearly = and new locks on the large scale will be it into use, on the entire line of the Erie canal, at§ the opening of navigation the coming season, with the exception of five which are located at points where the route of the canal is to be changed. These cannot be reconstructed and made available without the simultaneous construction of several miles of new channel, estimated to cost over amillien ef dollars But it is proposed to lengthen the old locks at these pornta, by temporary structures;in such manner that the entire canal may be navi- gated by boats naving an additional length of twenty-eight feet, as compared with those now ia nse. It is not to be disguised, however, that the enlargement of the locks renders a corresponding enlargement of the sections more necessary than befere. The quantity of water required for passing boats, is greatly in¢reased by the enlarged size of the new locks. It is found extremely difficult, and in some cases impossible, to force the necessary supply for this purpose through the narrow channel of the old canal. Much diffiicuity and embarrass- ment were experienced from this fact, during the last season of navigation. Notwithstanding the orous eflorte of the Comm esionera, and their subordinates, it was found impracticable to sust the necessary height of water on some of the long levele, and it resulted that boats were frequently grounded, and the navigators were subjected to injurious delays, vexatic od expense. There is reason to believe that this embarrassment will con- tinue to increase from year to year, uotil the en- largement of the entire canal shall have been com- pleted How far the descending tonnage can be in created, while the canal retains its present limited dimensions, is a question which gives nse to some diversity of opinion. All admit that we have ap proached very near the maximum capacity of the old canal, during the spring and auiurmn months. ‘That a large increase in the amount of tonne, adequate to the rapid growth of our trade, t pre ticable, in the present condition of our canal aa vigation, cannot safely be assumed he future policy of the State in reference to the Erie canal and its enlargement, forme one of the Most important and difficult subjects which will occupy the attention of the Legislature. | must a = to enter upon its consideration with an enlightened appreciation of the momentous in- tereste involved in your deliberations, and with an earnest purpose to adopt a line of action worthy of the past triumphs of the State in the consum- mation of great designs, and, in som evmmensurate with ite present power ture destiny. It is diffiewlt to | sad a yoate estimate of benefits so vast and varied as our le have derived from the original construc. of @ water communication connecting the Atlantic with the We lakes. The efiects of thie great work upon wealth, prosperity and ad varcement of the S tourpasecd the most ardent anticipations of its early advocates. It has doubled the trade and population of our great commercial emporium ; and if we but emulate the statesman- ship of ite guthors by ade juately increasing ite fa- constantly growing col fertile States bordering on the le the upper Missi . Limiting our view to the benefictal results of the Erie canal, within our own borders, we witness the creation of flourish- py sme the growth of cities, the conversion of vast forests into fruitful fields, the abode of a happy and virtuous yeomanry, the profitable em- ployment of ennerprias and industry in every form of production, and the cones addition of hun- dreds of millioas in value to the property of our citi- zens. It seems im ble that the people should forget the source of blessings like these, or neglect the means necessary for their preservation. [n less than ten years after the completion of the canal, its revenues having ret to the trea- sury the entire cost of ite construction, it was seen that an increased must soon be given to it to accommodate internal commerce, of which it was the outlet. It is near sixteen years since the Legislature of 1835, after mature deliberation, determined to en- ter upon the enlargement of the Erie Canal. I do not propose to review or discuss the policy which has retarded the prosecution of the unde: . Our responsibilities relate to the present condition and future welfare of the State, rather than to past events, which belong to the pro. vince of the historian? Since the work of enlarge- ment was commenced, we have expended upon it the sum of $15,990,443 81. Some of the great ob- jects of this expenditure canaot be fully realized until the work is completed. the meantime, the annual loss of interest on the amount invested at six per cent is over one million of dollars, to which must be added an annual loss of at least another million the needleas cost of transpor- tation, which would have been saved by the com- pletion of the enlargement; and these unnecessar secrifices must increase, F190) 186 to_year, witl the tardy progress of the expenditure. The amount already lost under these heads cannot be less than ten or fifteen millions. The question then arises, how much longer shall this be borne ? According to the most recent estimates of the Engineer Department, it will require eleven millions of dollers to finish the aplargenuent of the Ene ca- nal, and $1,165,000 te complete the Genesee Valiey and Black Rivercanals. If we assume that the canal revenues, afier paying the yearly contribu- tions to the general fund and the sinking funds, re- quired by the constitution, will continue to yield a net surplus of $800,000 per annum, it follows that the completion of this great underteking, so ur- gently demanded by every consideration of public policy, must be postponed until the year 1866. A net revenue of $1,000,000 per annum would effect the same object in 1863. An important question is presented to the conside- retion of the ople and their representatives, whe- ther the consummation of the work shall be defer- red for this long period of years, or whether some judicious and practical plao shall be adopted to en- sure its completion at the earliest period consistent with scone of expenditure and the due preserva- tion of the public credit. As an original question, free from the embarrass- ments which have been thrown around it by the financial provisions of the constitution, the path of interest and duty would be too plain to admit of hesitation. Under the guidance of Clinton and his compeers, the Erie canal was constructed in a pe- ried of less than eight years, in the face of for- midable obstacles, in defiance of a powerful oppo- sition, and amid the doubts and embarrassments always attendant upon a bold and untried experi- ment. Genius and energy triumphed over every difficulty. This grand result was achieved at a time when the State wes comparatively feeble in resources. Since that day, our population has ad- vanced to upwards of three milliona, and the | wealth of the community has been multiplied more | than four-fold. It is indeed remarkable, after an experience like ours, that any portion of our people should deen it wise or necessary to occupy a quarter of a century in enlarging and perfecting a work, which was constructed originally, under circumstances far more difficult, in less than one-third of that period. It becomes, necessary, in ourfdeliberations on this subject. to consider the effect and operation of the — provisions embodied in the constitution of Sab. Not only are a large portion of the canal reve- nues specifically set apart for the payment of the existing debt, but the power of the Legislature to create new liabilities (beyond $1,000,000) is virtu- ally annulled These constitutional provisions are the supreme law, and must be observed with seru- pulous fidelity. Although their operation may thwart or defeat objects of the highest public con- cern, so lon they remain in force, they are not to be evade ‘egarded. It is important, therefore, to inquire whether by any and wh fe means, consistent with the con- stitutional restrictions referred to, che early com- pletion of the enlargement may be ensured ? Three distinct modes have been suggested fer the attain- ment of this object, each of which will, doubtle: receive your careful consideration. By the first itis proposed to obtain the neceseary fuads by an issue of certificates transferring in advance, fora suffi- cient series of years, that portion of the canal re- venues which is devoted by the constitution to the enlargement of the Erie canal. Thatit is within the competency of the Legislature to dispose of this part of the tolls, in the manner indicated, is confidently asserted by some of our abiest ju lt is obvious, however, that an absolute sale of the revenues, at the risk of the purchaser, without re course he State, the only mode by which they can be realized in anticipation, without a vio- lation of the — restraining the creation of anew debt. mere pledge of revenues, a3 a security for mone} vanced on them, would con- stitute a debt st the State, in a new and unusual form. fs unconditional transfer of the future tolis involves practical difficulties which tannot be disregarded. It may be doubted whether the necessary ad- vances could be obtained, on this basis, on terms satisfactory to the State Capitalists would natu- rally require either the ultimate guarantee of the State that the revenues shall prove adequate, or a jation that the rates of toll shall not be re- duced below a certain scale. The first of these conditions is incompatible with the constitution; the second is subject to serious, if not conciusi objectic Important considerations of policy would dictate that the unqualified power of regula- ting the tolls should continue to reside in the Ca- na! Board. The next plan to be considered is the authoriza- tion of a loan under the 12th section of the finan- cial article. Before a law for this purpose could take effect, it must be submitted to the people for their ratification; and the constitution requires that every euch law “shall provide for the collection of a direct annual tax, to pay the interest on the debt a8 it falls due” No sufficient reason, founded in equity or expe- diency, can be assigned for the imposition of a di- rect tax upon the State at large, to pay interest oa any portion of the cost of the enlargement, when the canal revenuesare fully adequaie to that ob- ject. Whiist ail sections of the State are interested in the early consummation of the work, and will derive large benefits from the increased revenues which it will yield, a direct tax would operate un- equally and unjustly, and would be unacceptable to the counties remote from the line of the inprove- ment The third and last resort, 18 an amendment of the constitution in the manner prescribed by the instru- ment itself Whatever diversity of opinion may eaist in re- gard to the wisdom of the poliey which govern- #¢ the Convention of 1846 in this respect, I cannot doubt that a large mejority of our citizens of all parties, in view © ¢ steadily increasing revenues of the canal, w now unite in conferring upon the Legisiatu’ necessary autho to create a loan of seven or eight millions,on a pledge of the surplus revenues, fer the early completion of the emargement The proposition to be submitted for this purpose should include a provision requiring an additional contribution from the canal revenues tothe Sinking Fund, sufficient for the payment of inetrest on the new loan end eventual reimburse- ment of the princips!| To give effect to the amendment under consideration, it must be agreed to by two euecessive Legisiatures, and then ap- proved by & mejortty of the people It the amendment ehowld be adopted by the pre- sent and eveceeding Legislature, and then sane tioned by the people, the Leqislatn: be enabled to create the loan, and pletion of the enlargement w v before the open ccomplishet of navi oo lam awere t the sentiment of our people is adverse to the accumulation of a lorge public debt end none will deny the proj exercising precautions as are r ‘ he impos of heavy taxes on the present or ie believed, however, that Credit for menus to expedite niargement of the Erie canal, ie free from the objections commonly urged egninst an inere fthe State debt. Such a loan would expore the people new butthens The present revennes of i enenre the diseh our existing been shown t canals, adopting the ay five years, is equal t at eix per cent work for whieh th ly to the finencial There ie a wide ween debts jodiciously r 1 furtherance rede end intercourse, and the givantic debts which weigh down the people in of the f repean nations The former eerve to develope atent resonrees end open new fountains of wealth, creating the revennes required for their extin gviehment, end infosing fresh vigor into oil the biememis of yublic prosperity. Wad 3h cab is the influence of AF ogg 2 debt, originating im wars of ambition, in courts, or the venity of princes. Expenditures of this na- ture yield no returm, and the burthens resultin from them press wil toil ngepiiticas, from ente! con- i that the e of the pl duce a large maennane jue, q tea me juired to Cort of an teat income, e paying the debt, “ulti mately relieve our citizens from taxation for sup- port of government, and at the same time yield an imple fend for the support of education and the prosecution of new improvements. A question like comretensiog of & vagncious population ike oar, cor ent a us population like out may eafely be lett to their own intelligent decision. he funde dedicated to the support of education are in a flourishin, gp cond tine. ‘he capital of the Common Schoe! Fund, on the 30th of September last, was $2,290,673 23—being an increase from the preceding yearof $47,109 The revenue for the last Geonl peasy including $166,000 from the deposite fund, was $300,792 10. ‘The increase of this fund, and of its income, will justify you in in- cl the amount of the distribution among the common schools from $285,000 to $300,000 ;per annum. It appears, from the latest returas to the surer- intendent ‘of common schools, that there are in the State 11,397 school districts; that the whole number of children taught therein in the year 1849, was 749,500, of all ages, and that the whole amount paid for teachers’ wages during that year, was $1. 696 24, of which, $767,389 20 was con- tributed from the State treasury, and raised by county and town taxation. , ‘The operations of the act of 1849, establish free schools, have not produced all the benefici effects, nor imparted the general satisfaction an- ticipated by the friends of the measure. It has been the policy of our State, from an early period, to promote the cause of popular education, by liberal and enlightened legislation. A munificeat fund, created by a series of measures, all aiming at the same great result, has been dedicated by the constitution te the support of common schools, and the annual dividend from this source will gradually increase. duty of the State to pro- vide such means and ities as will extend to all its children the blessings of education, and es- pecially to confer by es the poor and unfortunate a participation in the benefits of our common schools, is a principle which has been fully recognized, and lopg acted upon, by the legislature and the people. ‘he vote of 1549, in favor of the free school law, and the more recent vote, by a reduced majority. against its repeal, ought doubtless to be re; arded as a re-effirmetion of this import principle, but not of the provisions of the bill; Jeaving it incum- bent upon the Legislature, in the exercise of a sound discretion, to make such enactments as will accomplish the general design, without injustice to any of our ciuzens. An essential change was made by the law under consideration, in imposing the entire burthen of the schools upon property, in the form of @ tax, without reference to the direct benefits derived by the tax payer. The provisions of the act for carrying this plan iato effect, have Jeoduped oppressive inequalities and loud com- jaints. In some districts the discontent and strife at- tendant upon these evile, have disturbed the har- mony of society. An earnest effort should be made to reconcile differences of opinion, to remedy the grievances arising from the imperfect operation of the law, and to equalize the weight of taxation by euch principles of justice and equity, as will en- sure popular sanction. The success of our schools must depend, in a great degree, upon the united counsels and friendly co-operation of the people ia each small community composing a district, and nothing can be more injurious to the system of common school education than feuds and conten- tions among those who are responsible for its healthful action and preservation. It cannot be doubted that all property, estates whether large or smat!l, will derive important ad- vanteges from the universal education of the peo- ple. A well considered system which shall ensure to the children of all, the blessings of moral and intellectual culture, will plant foundations, bread and deep, for public and private virtue; and its ef- fects will be seen in the diminution of vice and crime, the more general practice of industry, so- briety and integrity, conservative and enlightened legisiation, and universal obedience to the lawe. In such @ community the nghts of property are stable, and the contributions imposed upon it for the support of government are essentially lightened. 49 were but not 2ecquaned. , . 5 as af- forded high evidence of his capacity to carry for- ward the work of benevelenee and ity, go , rt i Ls to renew tien pee ry ‘ssor to ture the ment of an ‘the instruction improvement of is unfortunate class of beings, whose deplorable condition excites the aqracathy of every heart, pas. heen. san lang. ones! din our legislation for the reliet of the helpless. Until withia a re- peat period, # a8 a tbe, neral Poe that the idi e] ject, is pot suscep- tibte’ of moral oF mental improvement. But ex- rience has demonstrated that he retains seme it germs of intelligence which may be devel- patient culture, and that he may. be Ls gt to healthful discipline, employed in useful labor, and raised to a condition of compa- rative rt. Great success has attended the institutions established for the raed Sao class of sufferers in any ng land. formed in Mas- A similar school, recently a sachueetts, has been attended with the most satis- factory results. I commend these facts to your attention, convinced that considerations of policy and humanity should prompt you to rear an institu- tion which will complete our system of public eharities, and exalt still higher the character of the State for beneficence and hphilanthaoee. The condition of the State prisons will be fully sented in the anaual report of the Inspectors. ‘he Sing Sing and Cliaton prisons continue to be a heavy charge on the treasury; though it is but just pos a! that much of the large expenditure at the former establishment, during the past year, was occasioned by the erection of permanent buildings. It is gratifying to observe that, in all our penitentiaries, an admirable system of disci- pline prevails, conducive to the physical comfort and moral welfare of their inmates. Iwould respectfully call your attention to the importance of enlarging the House of Refuge for the Reformation of Juvenile Delinquents in the city of New York. The number of delinquents is con- stantly increasing, while the accommodations of the institution have not been materially extend- ed since its foundation. The managers have found it neceseary to notity the Sheriffs of counties that no more delinquents can be received, until further notice; and a large number of youthful con- victs are consequently committed to the prisons. The crowded state of the establishment baffles the efiorts of the managers to classify offenders; and the erring youth, whose wanderings may be traced to early destitution or abandonment is brought into intimate association with the hard- ened” criminal. Thus the humane desiga of the institution, the reformation of juvenile offen- ders, isin agreatdegree defeated. These evils require @ prompt and adequate remedy. The Western House of Refuge has been brought in- to use under circumstances which give rance of satisfactory results. The admirable structure and arrangement of the establishment, and its suc- cessful administration, thus far, reflect credit upon the trustees who have been prompted to give their time and efforts to this noble undertaking by a spirit of enlightened and disinterested philanthropy. Trefer you to the report of the trustees for the pro- gress and present condition of the institution, and respectfully recommend such further appropriation as may be necessary to complete the new erections commenced last year. , The present condition of our militia establish- ment, and of the military property belonging to the State, will be exhibited in the annual reports of the Adjutant General and the Commissary General. To preeerve the efficiency of the militia system by laws calculated to excite and cherish a military spirit in the ranks of our citizen soldiery, always the main strength and reliance of the country in time of war, ia an object eminently deserving the attention of the legislature. ‘ The law of 1849, in relation to emigrant passen- gers, providing for the relief of the sick and desti- tute among them by a tax, iatended to protect the community from unjust and oppressive burdens, has been efficiently administered, and continues to produce favorable results. It is to be regretted that existing legal provisions have not, in all cases, furnished adequate protection against the practice of frauds on those unfortunate emigrants, destitute of friends, and ignorant of our laws, who are con- stantly landing on our shores, and, if practicable, further legal protection ought to be provided. The last Legislature, sctuung in pursuance ef the But I entertain a firm conviction that the present law requires a thorough revision, and than an entire change in the mode of assessment is indispensa- le. The capital of the Literature Fund, on the 30th of September last, was, $272,880 12; the ineome during the fiscal year wae $39,112 40. The capital of the United State Deposite Fund being $4,014,620 71, is ina highly productive state, having yielded an income the last fiscal year of $260,228 04. The revenues of this fund, during the present fiscal year, will, doubtless, be sufficient S juetify the usual appropriations in support of col- e8. hese were omitted by the last Legislature, in consequence of appropriations in previous yeare ex- ceeding the current incomes ou which they were charged. It is worthy of your consideration, whe- ther the new collegiate institutions, established within the last two years, are not entitled to an equitable participation in the public bounty. The higher institutions of learning form an essential part of our system of education, and they present strong clai jo patronage and encouragement. The true design and legitimate effect of every en- dowment conferred upon colleges isto cheapen the charges for tuition, and thus enable many who have not been favored ‘by the advantages of fortune to attain the honors of scholarshi The allowance of $250 to oath of the county academies, authorized by the act of 1549, for the education of common school teachers, has pro- duced beneficial results, aud I would recommend a renewal of the appropriation. The Normal School has been administered with ability and success, er largely to the pro- gress of popular education. It is of the highest impertance that this institution should coatinue to receive an ample support. My immediate predecessor, in each of his annual meeseges, recommended to the Legislature the creation of an institation for the advancement of —_ ral science and of knowledge in the me- chanic arts. There can be no object more worth: of public favor than the encouragement of agricul- ture and the intellectual improvement of the hus- bandman. The culiivation of the soil, the primi- tive pursuit of man in a state of civilized society, and the foundation of all public prosperity, presente the highest claim to the fostering care of govern- ment. As the agricultural is more numerous than all ether classes combined, all other interests de- pend upon its healthful pevatete and condition. In connection with the subject under consider- ation, | would respectfully invite your attention to an able report made to the last Legislature by the commissioners appointed to mature and re- port @ plan fer an Agricultural College and Ex- perimental Farm. It cannot be doubted that an institution of the character proposed would pro- mote the dissemination of agricultural knowledge, and elevate the condition of the people. In its formetion I would recommend an additional Le- riment for Instruction in the Mechanic Arta. dentified in interest, each imparting strength and vigor to the other, the agricultural and me- chanical classes combined may be said to consti- tute the substantial power and greatness of the commonwealth. The free spirit of our institu- tions, and the ineestives to effort in which this country abounds, are peculiarly favorable to the | developement of isveuuve genius and rapid ad- vances in the useful arte Our unparalleled pro- gress may be attributed in no srnall degree to the sucecesful skill of our artizaus, in originating and perfecting the varied iroprovements which increase the productivenees of labor in most branches of humo industry. Yet, from the nature of their | pursuit, and the necessity which subjects them to | 8 life of toi), too meny of our youthful mechanics are deprived of thoce means of intellectual improye- ment which the Sate hes provided for other pro- feesions. The benehicial eflects of an agricultoral | and mechanical school will not be limited to the | individuale Who may participate directly io its privi- leges. The etudente graduatiog from such antinsti- tution, elev: haracter by m and intellec- tual training, yed with that knowledge of the netoret laws and preetical sciences which unites | manvel labor with the highest exercise of the reasoning freuliy will become teachers in their (orp, impattiag to those around them the light of their own intelligence, and eonferrieg dignity upon he common pursuits of indusury by an example of honorable neeflores, in their varied oecupations The elevation of the laboring classes is an object | worthy of the highest ambition of the statesman atd the patriot. Under ovr tepublean system of ‘ ower of the State rust | meng the men of industry and toil, | nerey is their best patrimony. The | h «ualifies them for the duties of ‘is (he only sure guarantee é uity © t free institutions. condition of the charitable establishments | bumane suggestions cf my predecessor, psssed a law Gotan io secure to each family which ed .fesees a freehold estate, a home of limited value, incase of the embarrassment or bankruptcy of its head. Itis represented that the clause requiring a special registry of each homestead iatended to be held subject to this exemption, renders the law practically inoperetive from the aversion felt by men in good credit to advertising an apprehension of inselvency. 1 would respectfully submit to your consideration whether the berevolent principle of the law should be made te depend upon a condi- tion with which most men will omit to comply. In other words, ought not the rule and the excep- tion to be reversed? I would also suggest that the exemption afford- ed by this law ought not to include debts contract- ed previous to the conker ng of the estate by the debtor Justice, no less than sound policy, dictates that neither temptation or rtunity should be given for the practice of fraud upon confiding cred- itors. 1 would respectfully recommend that an ade- quate appropriation be made fora more complete exploration of the lands belonging to the State, in the northern counties, with a view to plank roads and other facilities of access. It is believed that by improving the means of communication, some ieee tracts might be brought into market and eold for actual cultivation. The settlement and improvement of these remote forests is a matter of much public imp« rtaace, and should be encour- eged by a liberui polsy. The land should be divided into ccnvemieat farms, and ofiered to actual settlere for eméil prices, intended only to indemnify the Treasury for actual expenditures. However desirable it raay be deemed, under mo- narchical governments,to have the national domain held by a few, it is important in a — that it should be divided, as far as practicable, among the many. Resolutions were adopted by the last Legislature, with signal unanimity, in favor of opening the public lands of the Union, without price, to landless settlers. Those, resolutions, in their general scope and purpose, have my hearty concurrence, Some of the evils resulting from large landed accumulations, and especially from extensive leasehe!d estates, have been fully realiz- ed in this State. Our new constitution bas wisely abolished feudal tenures, and prohibited the future creation of perpetual leases. Contracts of this na- ture, made at an anterior period, in harmony with lawe then existing, have been and must be re- spected in all our legislation. It can hardly be doubted that the oecup: the ¢ manors in this section of the State, under the system of perpetual leases adopted in the early settlement of the country, has been highly detrimental to the interests of both proprietors and tenants, for some years past. Noa-payment of rent, litigation, resistance of law, irregular combinations and | aged discontent, in ite most — form, ave checked our progress and disfigured our public hietory. I consider it of much importanee that these evile should be remedied by just and liberal arrangements, which shall rm the rights and promote the true welfare of both par- ties. The perpetuation of leasehold estates, em- bracing a large agricultural population, is repug- nant to our onuonal policy and to the liberal spin- of our institution It kind of tenure which to tenants, exceeding incon- to landlords, and every way . The manly ind pende h belongs to the character of aa Americen citizen, demands the abeolute control a | and ownership in fee of the soil, improved and cultiveted by his labor,and on which he is to spend hie life end rear hie children. Experience has shown that leasehold estates are poeuliarly un- faverable to the developemeat of the country and the progress of the people ia improvement and enterprise It is to be hoped that such liberal terme of sale willbe oflered by landlords, and accept- td by terents, as shall soon put anend to a te- nure which ovght no longer to be desired by either, |( ie woithy of your consideration whether thie desirable result may not be promoted by the friendly mediation of the State, on principles having the free aseeat and voluntary concurrenee of both proprietors and occupants. A purchase of the manorial Udes by the State, and a re-sale to the tenente on equitable terma, would be preferable to the present etate of thing All remedies mneon- sistent With those righte of property and the ebliga- tion of contracts which are secured by law, and which government is bound to enforce, must be delusive and impracticable. The sanctity of pri- vate rights, end the supremacy of the law, must be maintemed vader ell circumstances. Cont tly with these principles, which | hold to be paramount and inviolable, 1b ve # practicable to termi- nate the evils cor s jained of, provided the parties to be affected will adopt a rational view of their owa interests, and co-operate in an equitable and enlight- Tin part by the bounty of the ed by the annual reports of The Asylum for the in- the several iow the Dea atr { and Dumb, and the Lostitu- | or ¢ Blind, continue to be a source of inesti- | mat eioge to the unfortunate beings who, in the neat of our common F ather, have been epreved of the best faonttice of man. The New k Hospital is in» highly satisfactory condition, | and ite enlightened manegement has contribute: argely the relief of eneuffering. [ consider thee tions worthy of the fostering patronage of the Legislatore, The administration of the Stete Lapane Asay! at lea, ie eminently sue. | ce On the 3 Vovember, the umber of | interes was 429; the number admitted during the | yerr, wee S67: the nomber discharged, was 336, and of deathe, St Of the patienta diseharged from | Hey sswrtouiiving Ark HOA hum eowwhed WY Kemmvuy ” ened system of adjustment. The condition of our statute laws will require your mort serious consideration. At present Aieat uncertainty exiate, end great difficulty fre- quently arives, ia ascertaining What ie the law upon MARY Questions relating to the rights and interests of our cityzene, and to the duties and powers of mblic officers. This difficulty is most severely elt in the interpretation of the utes relatin, to the administration of justice. The ‘ise: Statutes sre partially in operation: the judiciary fete of Is47 and 1848, with the subsequent mendments to them, are also in operation to fome extent, and the Code of Practice effects chenges not only in reme but in rights, some- times sbrogating previows amendments wholly, sometimes modifying them, and often introduc- ee provetows which oF quality there oper e eh Aue CURE Wee, MOL & Bulilele eyovous My » cireu The eonsi it bey a = their authority #2 make ionerel Lt on ~ sive provisions, Tespect to te thus affected. The vast alarming increase of litigation which seems to overwhelm some of the courts, and threatens to obstuuct the ad- ministration of justice, particularly in the court pi lat | roee _ has, doul er in some ree mm uncertainty. acquaintance wh the practical of the new provisions ; referred to, does not qualify me to pronounce upon their merits, nor do I feel competent to j how far the complete code of tice reported by the Commissioners, is calcu- lated to remedy the evils under consideration. But it ig evident that oureystem of lawe cannot be com- plete until an entire harmony is produced between the principles introduced by the code of practice and our general statutes. They must in some way be adapted to each other. This was probably in- tended to be effected by that provision of the conatit tion which required the appointment of > ers to reduce all the laws of the State to a system. The considerations I have already su; render this a duty of pr: tance. The prompt ization of suc! would relieve the Le- gislature from applications for partial and imperfect amendments; and if we should not obtain a com- plete body of the whole law, such as was contem- plated by some at the adoption of the constitution, we may at least hope for a revision and tion of our statutes. The last Legislature adjourn- ed without acting on the final report of the Com- missioners on Practice and Pleading. It will be ‘our duty to take such action as will ensure a deli- toe examination and thorough analysis of this new code of civil procedure, with a view to its adoption, in such form as may receive your sanc- tion, at the earliest practicable period. fam of opinion that the mul:iplication of suits in the Supreme Court, which produces serious de- lays in the courts of justice, would be essentially diminiehed ‘by restoring to the County Courts a more extended civil jurisdiction. As the County Judge is required to hoid Courts of General Ses- sions for criminal business, at which juries are ne- sasenrity ia atvendance, the public conveni would be greatly promoted by conferring juris- diction in ordinary civil cases. Serious doubts have existed concerning the constitutional power of the Legislature in this respect. It appears to me that the decision of the Supreme Court, in two districts, after full deliberation, sustaining the constitutionality of the act of 1817, conferring civil jurisdiction on the County Courts in special cases, should be deemed sufficient to put the question at rest. I deem it my duty to call your attention to an important defect in the statutory provision for the punishment of embezzlement as a crime. The operation ot the law is confined to the officers, sgeaia, clerks or servants of private persons and of incorporated companies. It is manifestly pro- per, if not necessary, that this provision should be extended to include all public officers who may be charged with the collection or custody ot moneys, whether belonging to the public or to idividuals I concur in the views submitted to the Legisla- ture, in the last message of my predecessor, in favor ef the erection of a new and convenient building for the State library. The present ac- commodations are altogether inadequate, and the difficulty is increasing with the extension of the library from year to year. The alarming increase of bribery in our popular elections, demands your serious attention. The preservation of our liberties depends on the purity of the elective franchise, and its independent exer- cise by the citizens; and I trust you will adopt such measures as shall effectually protect the bal- lot box from all corruptizg influences. Our circulating medium is believed to be ina sound condition. The report from the Bank De- partment exhibits a a increase of banking capi- tal, under the general law, during the last year. The gradual reduction of our State debt, makes it necessary that some other form of security should be accepted as a basis for circulation. I would re- spectfully recommend the admission, under proper restrictions, of the stocks created by the incorpo- rated cities of this State. Im this coanection, I must invite your attention to the provision of the constitution, making it the duty of the Legislature to restrict the powers of cities in respect to taxation, assessment, borrowing money, contracting debts, and loaning their cre The performance of this — ought not to be longer deferred. ‘he growing importance of the Bank Depart- ment, the vast extent of its operatioas, and the peculiar responsibility attending them, render it important, in my judgment, that this department should be detached from the offiee of the - troller, already overburdened with duties, and erected into a distinct office, to be placed under fie charge and direction of a competent commis- joner. The oppressive and unequal operation of the laws regulating the assessment of property, is a subject of general and just complaint. A large share of the personal property escapes assessment altogether, while, in many portions of the State, real estate is estimated by the assessors at less than half its ac- tual value. To the extent that a pertion of the tax- able property of the State escapes asseasment, the burthen of taxation is unjustly increased on the re- mainder. These evils demand an effective remedy. A careful revision of the existing laws has become iadispensable, and [ trust the subject will engage your early and earnest attention. In complieace with section five of article four of the constitution, I communicate herewith a state- ment of reprieves, commutatiens, and pardons, granted during the past year, by my predecessor. Yeur attention is requested to the difficulties which have recently arisen between our citizens residing in Richmend county, and the inhabitants of New Jersey, im reference to the oyster fisheries in New York and Newark bays. Since the adjournment of our last Legislature, the grave questions respecting the erganization of the pr? acquired territories of the Union, which had for some years involved the country in —- and strife, have been defimtivel acted on by Congr California has been wel- comed as the thirty-first of the States composing the federal Union; the disputed boundary of Texas has been settled; while New Mexieo and Uth have been organized by acts, which, in effect, leave the Mexican law pro ting slavery in force, and refer the ques'ion of its admission or exclusion to the ul imate decision of the people concerned Itis generally believed that the public seatiment in these newly organized communities, co-ope- rating with other causes, will prevent the intro- duction of slavery, from which the country was exempt when it was conquered by our arms Notwithstanding the violent discussions which have agitated the country, and the wide diversity of opinion which existed in reapect to the ques- involved in the recent action of Congress, a rt position is evinced to acquiesce in the measures referred to, and to regard them as a final settlement of these territorial controversies. The people of this State continue to indulge a strong desire that harmony and mutual good wilt may pre- vail between all —— our widely extented republic. They ure a law-nbiding people; they cherish the most friendly sentiments towards their brethren of the South; and bave always conceded to the slave States the entire right to maintain and regulate slavery within their own limits, and to exercise all those rights without abridgement or hindrance, which the constitution confers. More than this o ught not to be claimed or expected It isa source of profound surprise and regret, that portion of the people of the Southern State ly ugreed upon by Congress, an occasion for the continuance of sectional jealousy, or a supposed necessity for nurturing the spirit of disunion. In the admission of Celifornia and the organization of go- vernments for the territories, Congress adopted the principle, origioally contended for by many leading statesmen of the South, of teaviog the maiter to the uncontrolled action of the people themselves | can- not but persuade myself that the feelings of alien- ation Fexhibited by some of our fellow-citizens in the Southern States, must proceed from an unhap- py misconception of the views aud sentiments tained by the Northern le. Great injustice done, in aseuming that we have intended, or now meditate, encroachments upon the just rights of any portion of the confederacy. During the entire period of our national history, the people of New York have manifested a spirit of kindly deference to the feeling d prejudices of onr sister States, and a readiness to sacrifice everything but principle and honor, for the sake of union and concord. Their course has been distinguished by a broad spirit of nationality, elevated far above the indulgence of lecal views or sectional) partislities. The liunits of this communication will aot permit me to reeall all the evidences in which our history abounda, of the enerous spirit of concession which New York as uniformly mavifested, aa a prominent mem- ber ef the Federal Union. Vor more than three- fourths ef the period which has elapsed since the adoption of the constitton, Southern states- men, elevated by the aid of her voiee, have filled the Presidential office. Every peaceful exten- sion of our Southern territorial limits waa made with her concurrence, until by successive steps all the slave territory on the North American continent wae brought within the boundaries of the United States. Although every new acqui- sition diminished the relative weight of New York in the national councils, she waived all views of State power or aggrandizement, and yielded to the considerations urged by other sect favor of anne the contiguous countries Nor this nil. Fer from invading any of the constitutional rights of the Southern States, our people and their representatives have al- ways respected those righte, and abided cheer- fully by all the conditions of the federal com. you, it act “weve been regarded as tion of the American people had di conviction that slavery ought not to be ever free territory ; but the ex, our common the semen st L lo was any u efforeto give to the territones a government future: 1787, a. extended’ of that insti- tution from the States of the the federal Union. The same ex- ists in the Northern mind, to be ‘when--- new eggressions ; and I cannot concede that it fords any ground for complaint an the parvof aay’ revolution, or any effort to ov free con-. stitution established by our fathers. , in its national relations, from no desire to revive it discussions; but from @ conviction that ius them from imputa- beers mecca maejudice, inaiBarence to consti- tu obligations, or hostilit eof th "itthere is to the Union from any quarter, I rejoice to 8a it will not be found within our borders nm of nity; but the great body of the of New York are aware'that the constitution of the United romise, and that it must be faithfully mainteined fr the same spirit. They are attached: to: the desire to see it preserved by manifestations of mutval deference and regard between the States erie New York might maintain a ‘ ble attitude before the world, and would not fail io would regard a dissolution of the Union, from at cause, as the greatest calamity which could befall: stroyed, the cause of constituvional government will be perilled by the shock, and the friends of liberty fabric, which ‘now animates the hopes and com mands the admiration of the world yy patriot ment between the different parts of our common country may speedily disappear It should be the aim those kindly sentiments which united ourancestors in noble effortsand commen trials. The questions re~ posed of by the action of Cougress, there can be no sufficient cause for jexlousies and_disseationg be- of our past diflerencee were produced by territorial ions, and they stnkingly admonish us that it is - that bounds should be set to the spirit of conquests. andthat the energiesof the general government objects, in which all sections have a common in terest, and for which the constitution was intended. the return of * fugitives from labor,” however re- pugnent to the sentiments of many of our people, is stitutional obligation, should be observed in good faith. In legislating upon a subject of such difficul- necessary that in enforcing the claims of one sec- tion of the country, we should not trespass u.on the ern slaveholder to recapture his slave is fully ad- mitted, the right of the Northern freeman to prove alike under the protecting care of our common constitution. » gress for giving fuller eflect to the provision requir ing the return of fegitive slaves, has excited dissat~ them almost to the extreme of threatening resis- tance to the law. But all good citizens will recol- or opinions 1p regard to the policy or propriety of any legislative enactment, it 1s their plain duty, so hes legitimately charged with its execution. Ap- preheni have been entertained that, under the hi then deemed sufficient to pre irked nol? ever and only when its exercise is provoked of the States, still less that it can j Thave thus adverted to the course of this State’ jue to our people to vindicate other portions of the’ republic. extreme ions may be found every commu~- States was framed and adopted in the spirit of com Union; they cherish an ardent devotion to-it! and composing it. . preserve her liberties as an independent State, mankind henever the American Union is de-- everywhere will mourn over the fall of a mighty must desire that all causes of irritation or disagree~ of all to allay sections! animosities, and to-restore sulting from our recent conquests having been dis- tween the North andthe South. The most serious ispensadle to our fulure p and happin should be directed to those fel and beneficent The provision of the trderal compact requiring” of paramount authority, and like every other con- ty, it was obvious that more than usual care wae rights of the other. While the cluim of the South- and defend his freedom is equally sacred. Both are It cannot be denied, that the recent act of Con~ istaction in many portions of the country, carrying lect that whatever may be their individual feelings long as it remains in force, to sustain the aut! ly considered provisions of the act, passed du- ring a period of unusual agitation, persons of color claiming to be free, and really free, are not allowed those reasonable opportunities, and those custom- ary legal safeguards, necessary to enable them to establish by adequate proof the fact of their free- dom. A recent ci as shown this belief to be not merely speculative, aad that the danger that a freeman, under the summary mode in which that law can be executed, may be hurried into capti- vity, is not wholly Sueainacy. We cannot, and we do not believe that the South, any more a the North, aims at, or desires such # result—or will in- sist on retainip; visions leading to such exciting consequences. We shall rely not only on their sense of propriety and reciproca: justice, but their calmcon- viction that the law itselt, to be permanent, must be reasonable, for their uniting, after due tion, with their brethren of the North, in a kind and dispassionate spirit, in reviewing such clauses as may be found defective or objectionable, and in consenting to such judicious modifications as may command general approval. In the meantime, our people must be left free to examine its pro- visions and practical operation. Their vital aad fundamental right to discuss the merits ef thia or any other law passed by their representatives, constitutes the very basis of our republican system, and can never be surrendered. Any attempt to restrain it would prove far more dangerous than ite freest exerciee. But in ali such discussions we should divest ourselves of sectional or ee prejudice, and exercise a spirit of compre ive patriotism, respecting alike the rights of every ould find, in the terma of settlement final- | portion of our common country. Before dismissing the subject of our federal rela- tions, | deem it my duty to advert to the seriour evils which some of our most important interests have suflered from the failure of Congress to ex- tend that protection to domestic industry which ex- — has shown to be necessury to sustain certain ranches of manufactures against foreign competi tion., We sce the efiects of the tariff of 1846, in the suspension of many establisimeata, not only in our own, but our sister States, involving large invest- ments of capital, depressing not only the labors of the manufacturer and mechanic, but impairing the market they had created for the products of our gticulture, It is reasonable to hope that thie state of things, 60 injurious and ee ae may be remedied, in some degree at least, by ju cious and timely action in Congrees The inter of this State, ia common with other sections of the country, have also suffered much detriment from the neglect of the general government to make appropriations for the im- provement of lake harbors and the removal of obstructions m the Hudson river. For more than twelve Fs 7 the great power conferred on Congress by the consutution to aid tect navigation on our national channels of com~ merce, has virtually been held in abeyance, dor- meant and unexercised. This dereliction of duty has caused great embarrassment to all the in- terests connected with our internal trade. It has compelied the State to incur a heavy ex- pecditure, which should be borne by the federal treasury. The can athorkios axe now obgnged ie the construction of an expensive pier at the harbor of Buflalo, for the safety and acc: of the lake shipping catering at thatport. The expense of this work is estimated at over $200,000. An ac- count of this expenditure will be kept under the di- rections of the Canal Board, and, at a proper june- ture, the ameunt expended ought, and doubtless will be refunded to the State by the general govern- ment. Every consideration of interest and daty de- mands that the powers belonging to Congress for the regulation and protection of commerce should be steadily and vigorouely exercised by such coa- stitutional action as may best ‘ance the national welfare, and fulfil one of the leading purposes of the federal compact. a sudject of sincere con- gratulation, that under our beneficent system of government, which commits to the psople the cheice of their rulers, the federal administration hag been entrusted to state. men of large experience, expansive pa'riotism, and souad national principles, and that we may lock to them with confidence to give full effect to all measures which may be adopted by the reyresentatives of the States aad the people, caleulated to protect the interests aad pro~ mote the prosperity of the Union. Since the adjournment of the last Legislature, the country has been called upon to mourn the loae of a beloved and venerated Chief Magistrate. hary Taylor, the hero without fea id patriot without reproach, whose exploits had won ; the admiration, while his virtues gained the affec- tions of his countrymen, was summoned to hie fathers. He went down to the grave crowned with honors, end lamented by a grateful people, to whose glory and welfare hie life had been devoted. By this afflietive diepensation of Providence, the duties of the Chief Executive office were devolved upon an eminent citizen of our owa State, in whose pa- triotiem the peoplé have long reposed the highest confidence It eflords me pleasure to state that arrange- ments are in progiece for sending forward numer, ous specimens of American clall aud workman- ship to be displayed at the L.xhibition of the Worke of foduntry ail Nations, to be holden in Londoa Mey ne Many cf the manufacturers and ane of this State, prompted by a spirit of lib- erality aod national pride, in the highest degree creditable to their patriotium, have determined to. fornish a variety of articles intended to present a favorable view of the progress of the usefal and ornamental arte in this country. In all enterprises 80 honorable to the age, and #0 well calculated to promote the interests of peace and_ civilization throughout the world, the State should not fail to evince an interest by extending every reasonable facility and encouragement ; and I would respect- folly recommend that provision be made for the S)pcintment of aa agent to attcad te eahiditiag

Other pages from this issue: