The New York Herald Newspaper, January 5, 1853, Page 3

‘tm the maB>~, provi Fe ereated expressly by the law itself, to be applied ‘to ded by e-ction (2 ofthat article It ne completion uf the Genesee Valley end Black River canals Iam aware that my predecessor, (Comptroller Hant) in bis emauel report made iv 1850 enters upom an elaborate defence of this law and the debt c.eated by it; but entertaining « olear conviction that the plain in- hibitions of the constitution were violated im the orea- tion of this debt, Tospoct permit this ccoasion to paw without patting this opiaion om record. and I rofer to the report made to the Benate. before referred te, for the Teasoms at length for the: pinion thus catertained The result of this increase of the General Fund debt ‘will be seem from iis operation om the sinking fund set Apart by the constitution to pay the debs. CENEMaL PEMD DeBT SINKING FUND. The following statemax! tbows the condition of the Geomal Fuad Debt Sinking Fund, ar the close of thig coal year :— Balance aue the Treasury on the 50th September, 1651...... $45,088 41 agjuring the ear exalog 0 ct ending 29th of Beptember, 165: re eral Fund revenue for interest om money advanced from the ‘Treasury to meet the dewands on this fund. Amount rcocived into the Treasury daring ‘the yor ending 30h Sepicmoer, 166%, (see statement A)........--.04- Balance due the Trearury on the 30th Sep- fo this fund belongs mx per cent stock is sued om aecount of the bank fund, re- decmabie im 1868..... . Balance due the Trensury, (see stat above, 3.892 58 re] of the fund on the S0th September, apart by th ee of the canals asm sicking fand, to id redeem the principal of the general $360,€00. The smounl interest on the debt, end chargeable upon the sinking fund, now amounts to $260.928 U6, which ehows ap annual doefictenocy of $10,- 988 06 to meet the payment of inte: est om the debt. During the past year the Hudson and Berkshire Rail- road oompany discentinurd paying sho interest upom tho pesca cent stock losmed by the State te that company. The payment of thie interest now falls upon the treasury; and, by the constitution, is made a charge upon the tiuking fund. No appropriation Raving beca made by the Legirlatuze the months interest due om the let sey of July last remains unpaid It will, there. fore, require an apprepriation of $12 475 for the peyment of interest om thie debt during the present fiscal year. I submit to the Legislatare a letter from the pre: Of this railroad upon the subjeet, marked (M.) also received netice from some ef the bond- holders, uader the act, chap. 471, of the 1847, that the company ave failed to pay the in’ t om their bonds due 1, 1862, and claiming the benetit of notice of any pro: ceedings taken by the Comptroller to foreciose the liens of the State and oithe bond hoiders pursuant to the act 0f1840. On the first of January next, another half year’s interest will be due upon the loam by the itute, and, if it is not paid, as it Is quite cervatn it camcot be, I shall pro- eed to foreclose these livas ansording to the law. It will be soem from the above. that if the six months Interest dueen the stock referred to had beom paid pre- vious tothe close of the fircal year. that tho balance of the fund would have been reduced to $560 87, and that the sum of $10,317 13 must be provided for te meet the charges for interest upon the sinking fund for the present fecal year. : It will be farther seen, that the entire oops and de- sign of the sinking fund, created by the constitution to | pay theannusl interest on the general fund debt, and edually to extinguish the prtwcipal, has been defeated by legislative increare of that debt, whieh, im the opinion ane Comptroller, was not authorised by the constita- 2. In conncction with tho subjeet of the General Fund | Debt, the attention of the Legislature is respeotfally asked to the provision necessary te be made for the pay- ment or extension of that pari of the debt now due, and to fall due on the first of Ootober mext On the first day of July lest, there became due the sum of $467,000 of Comptrolier’s ben 1s, issued 1m 1845. per chap. 114 of the Laws of 1842, for iowns from individuals, at an interest of ix cont. These bonds were mot bee by the Comp- troller when they fell due; ard as it ie the first time in the history ef tiie finanoial condition of the State that ehe has not promptly met her eagegements to the public @reditors, a detailed history of the causes which pro- duced such @ result, is due to the Legisiature, sud in justice to the course pursued by the Comptroller in rela- ton to the debt. In the communication made to the Senate. dooument No, 68, before referred to, he onlled atteation of the Legislature to this cubjest, aud asked for the passage of a law authoriziug bim to make @ Joan. and also fer an appropriation to pay this debt, whem It beoawe due. He ‘expreseed doubts 26 to bin inder existing provi- sions of law. to pay the debt without the direet autnority of the Legislature. It is claimed, he is aware. that py the third secticn of chapter $76 of the laws of 1843, en- titled “An got to provide for the dofiolencies in the Sink- ing Fund. woder the provisicns of article seve Comatitution,”’ and by virtue of » provisioa fou; geveral appropriation bill 934, that ample provision is of the 458, ws of {061 pene apter 498, Laws o1 P ade to meet the payment of euch portions of the General Fund Debt as may full | due, without the direot gency of the Legislature; bat he is not aware that the power thus claimed has been ex. erelsed by any of his predecewors, That the authority givem by the act of 1848. to berrow was not deemed suffloiently comprehensive by Comptroller Hant, is evi- dent fiom the fact, that he proeured the additional pro- vision to be omacted im the apprepriation bill of 1561, (see page 934. laws of 1861.) The provicion thus mado, a8 weil as the Lined where it f found is unusual. The character of that provitiom, avd the objections to it on the part of the present Ocmptzoller. are fully stated in the report made te the Bemate amd abere reterred to. (See page 11 of that Rete] ‘The difficulty is not so mush, that the power to issue be he cam raise money to is not conferred upon the Comptroller by the provisions of law, but that mo authority is gi or exists, to psy out the money, when thus borrowed, wit! out an appropriation by the Legisiatare. Sect. 8, ef Art. 7, 0f the constitution, declares that ‘no moneys shall ever be paidout of the treasury of this State, or any of he fund: under its mansgement except im pursuance of eu appropriation by !aw.”” Money obtained upon an istue fnew stock or bonds, in antictpation of the payment of ile cena enlargement, and the —— —- — $415,973 06 $61,007 45 +. $66,753 32 any portion of the State debt, must be paid into the trea sury; it cannot go elsewheze; there in mo other depository ot funds of the State than its tresrury. created by | lew; and when it is tu the treasury, the constitution pro- hibits all and every of its public agents from any uso or i Sa of it. except by virtwe of an spproprisiion by w & mode suggested to chviate the objestion raised by the Constitution is this—and it is submitted to the oonsidera- lon ef the Legisiature, as one otber evidence of the many schemes which modern financtering bas devised to nui- ay the plain provisions of that imsrament. t 1s proposed to is ue now ctook or bonds, at the lowest Fate of interest, the procveds of whice, together with the Premium obtained upon the loam, will be suillsiens to re decm the outstanding bonds wen thoy foli due ; and in- stead of passimg the money revived from the bonds or stock thus lsmued to the credit of the treasury, to deposit the reme im some bans, which tv to set us agent or brus- tee for the Comptroller until the holders of the state ‘Donds shall receive their money, and im thut way to make what is to be called su exchange of mew bouds or stock for the old ones, in execution of the authority conferred upon the Comptroller. by the provision [mceried im the appropriation bill of iS51, Is Ss aleo claimed, by the same class of fluanolere, that the eomstitution exs- eutes iteelf in the payment of the state debt. iassmuch vm the 7th article was intended to provide, and does pro. «vide, the means to psy it, and that no legiviation {4 necos- @ary to curry out that provision beyond the general aa- thority given to the Comptroller to superintend the Sircal concerns of the state.” He cannot yteld his asrent either of the suggested modes of paying the State a He does not choore to uesume the exercise of any doubtful or imperfectly defimed power in rolation to « question which 60 appropriately belongs to the immudiate cxentatives of the peopl ¢ power to lesue new bonds or stock is clearly given, and peeds no further legislative authority; but the oon stitution does mot permit the Comptrelier to pay money without sm appropriation ; and bo camnot 00: seat to ox- ‘tend his powers beyond what he believes to be the oon- stitutionsl limitation upon their exereise ‘The legislature failed to confer the authority acked for, to @ @ loan, orto make ap sppropriation to pay it when made, and on the flist day of tine last « circular ‘was iesued to the holders of bonds, that im conse quence of the Le = neues r) esd the Besessary appropriation. interest would eontinue to be Paces at cix per cent, until the proper provision for their peyment was made, (A copy of this circular is given, marked L.) ° The Uomptrelior was rabsequently informed by the Meabattan Company that ihey bad purchased these Donds from the holders. and would them at nt, watil some actie: lature in relation to their tezest of four ands half per ‘be taken by the present ere | t the dieporal of the State, from at further debt ef ten thoursad dol- Jars, to become due on the first of Ostober next, can be peid. A new loan undor the existing laws, or in virtue @f a separate law, to be repaid in 1666 when the canal debt will be paid. and the-canal rev. will be tarned dote the general fund. and an app: jation, by the Le- pirtature of the money to pay the debt, is the only way which it can be pald, it borrowing the money oan pro erly be called s payment of the deot. The early attention of the Logisiatare te rerpestfully @aled to this subjrot STATE OF THE TRUASURY. Belance im the treavury om the Sth September, 186 os . $451,129 71 “ee statement A.) during the Zeek emcing 36th eprom WEBB eeeeee cseeee 221,00 OF Amount of warrants caa- te eeeeeneneee - 166 31 ————— $9,606.316 10 Amount of watran's diawe on tho tres. aury, On account ef the soveral funda, (tee etutement 6.) during the year oad ing 90th Septomber, 1562 $4,620 684 a1 Amount of warrants drawn on the treacury, remain. ing unpeid on the Beptember, i861, 452 1 $2,001,172 83 drawn on the Ory, AN 2 rewalting onynld oa the ‘30th Sept. 1862.,......., 220 39 | Aeylum tor idiota, CTATEMENT OF BALANOES DUE FROM ABD Yo TES TEEA- suay, on tus SOrm cxrramece, 1663, ‘Teo the sohool fund: Capital U. B. Depesite —— ital — 10 347 69 10 192 89 ———_ 9500 6 164 61 1826 16 —— 1,00 0 Tothe Ralirosd Sinking F¥unds—Aubura and 9.7865 49 8,270 46) B15 O4 Cd 14,072 10 \ aurcarrs’ 427,659 06 debt bh.) b= general fund de! 61,907 45 omus.. 184,348 63 From the general fund re ent Balance in the treasury... 497 680 06 ‘Tho sums in the above statemens, wel are exhibited 3 due to the School. Litera;ure United Ste:e# Deposite. Mariners’ and Katlroad Sinking Funds, are mommy “cured by Comptroller's bonds, given for the balances ue to each fund at the close of a fiscal year, or as necessities of the treavury required the use of the money. The State is a safe borrower. as her good feith and abu: dant recourecs are a sure guaranty thatall hee obliga- tions will be mes; but «he bus borrowed from these funds, estheir trustee, without consulting ber principal, the peo amd simply because she needed moncy and must ve it. The balance of $177.878 08, which was in tl treasure on the 30th of September, belongs to these funds, and should not te touched for the ordiaary expenses of the government. The general tumd bad overdrawa ite reveuue on that day $188 843 53, and the balsnce in the treasury im good tuith should have beem held ssored to meet euch overdraft; but the daily wamts at the treasury must be supplied. and while there ie any money on hand, under the present system, it continues to pay BSTIMATED REV/NUM, APPLICABLE TO THE CADINARY RX- | PENSES OF GOVERNMENT, FORK 1H FISCAL YEAR COMMEN- GING ON tHe Lyr oCTONKR, 1863. Btate tex, after deducting the advances to the county | treasurers for now-reaident tuxes,.......-..- $425,000 Appropriation from the surplus revonues of the Bales of lands for tax Total... OF GOVERNMENT FOR THE FISCAL YEAR, COMMENCING O8 THE let ocTomMR, 1868, Sslaries of the officers of government, includiag elerk WRG; ooscctcaccce ee ses esesseesee $43,000 00 Belaries of the Judges of the Court of A) 10,000 00 Salaries of the Justices of the Supreme Court. 80,000 00 Balarice of the Clerk of the Court of Appeals and clerk hire...... Preece 6,500 00 Legislature, cempensation of members and offloers, &e... 90 008 00 . Leglelature, conti 15,000 00 Contingent expences of the pu cluding stationery tor the Legislature, 15,000 00 Fuel for the Capitol and the Stats Hall, 1,800 00 | Printing for the Legitlature se:sion{lews, jour- | nals and documents, binding, engraving, &o. 66000 00 Misoeaneous painting, publishing laws, no- tices, official canvass, ke + 12,000 06 Fxpenses of the Capitol. + 8,600 00 Expenses of the State Hall... 4,500 00 Expentes of the Old State Hall 800 00 Expenses of the State Cabinet of Natural His- Epes f the State Library. New building for State Library, ( Expenses of the Regents of the University . Expenses of the Btate Luuatio Asylum, and sup. port of insane céuvicts . 3 For repairs. improving grounds, &e Lunatic Asylum % Deaf and dumb. Blind... . 12,480 00 Incidental expences of governmemt and appre- henzion of criminals Apprehension of fugiti Commisrary’s departmen Inepector General .... Agricultural Societies Postage of official ietters. Expenses of the State p portation of convicts Ir epectors’ seleries, Books, maps, kc.. for the convicts Travelling exponves of the agents, and apprefension of escaped convicts oeerer 400 00 Balance of appropriation to Au- DUE PrirOn.....+.-sseeseeess+ 9,000 00 Balance of appropriation to Clin- POM PERS Sie 5.55 es access 11,830 87 — 30,080 87 Tn dion affaire........ 0... sess eceesssenceescs 800 CO Bent and taxes of the house occupied by the Governot seeeceee 1,600 00 Oosts of suit, counsel fees, &o 3,600 00 Compensation of the committee to examine the acoounts of the Treasurer and the Ca- nal and Bauking De; secees 1,200 00 ‘Transportation of the Seesion laws, journals end documents of the Legislature, &o For advances to county treasurers for a tident taxes. Normal school Indian youths Contingent expe: and Supreme Court. 2,800 00 Iatereet on the Albany 9,629 28 et om the State debt to create the School and Gospel Fund of the Stockbridge In- dions ...... Re teeeseeeeseeesees 2100 00 Hulargement of the Assembly chamber. 15,400 00 New York Volunteers.......sssssseeeee = 16.000 00 Compensation of the Electors of President and Vice President of the United States, and pay of meetongers.. ~ 3,000 00 ¥xpemrot of the Onondago 5: Springs. + 86,000 09 Interest on State stock loaned te the Hudson and Berksbire Kailroad Company....,..... 12,375 00 | Vor copies of reports of the Court of Appeals | for the several county clerks. 600 00 Roads. eoseee 6,000 00 Hospital New Youk 22.500 60 House of Refuge, Western New York. 8000 00 ‘Three Dispensaries iu the City of New York.. 8,000 00 Brooklyn Dixpenrary 1,000 00 Williemeburg Dispense: 600 00 Hospitel and Dispencary at Ro Albany Disponsery Buflaio Di-pemsary 600 Troy Morpital, for P + 690 00 Oswego Licepital, for dispematy purposes... 800 00 Foreign poor at Whitehall . 600 00 Eye and Far Infirmary, Ne 2 1,000 00 Juvenile delinquente im the eity of New York. 6,000 90 fe a building Orphan Asylums in except the Leake and Watts asyium im New Yor! sees 36,000 06 Hcepitals other thax in the city of New York.. 20,000 0d Micellanecus... . seveeeeeess 60000 08 Total... 11, a teeeeneee +++ $811,835 16 Statement F, appended to this report, shows that the net proceeds of the halt mill tex on the yaluations of 1861. 1s $603,812 62 ‘The comptroller’s report for 1861 shows that the net proceeds of ibis tax upom the valua- tions of 1850, was $362522 51, making orease of 211,290 11 for the year 1451 over the y . This large inorease of the proceeds of the half-mil Wax, was the retvit of the operation of the mew sasessment law. passed April 15, 1851, chap. 176. It added to the valuations of the yoar 1960 the eum of $429 068 184. Notwithstamding the addition of this large sum of $211,290 11 te the general fund revenue, the trait of the Joalf mill tax under this law. the expenditures have still exceeded the reven of this fund by nearly the sam wun. This fact, ta! in commection with the reduction of the half mill tax to w quarter of a mill, by the law of 1862, and a consequent recuction of revenue of at least $275 000 from that cause, adds another to the already accumulated evidences of the oatire inability of the geue- val fund to rustain the expenses of the govecnment here- after, unless large reductions in the expenditures of all the departments are promptly made, or means provided to sustain the government by farther taxstion. ‘There is no esoape from this alternative. If the ex- goversi end the ammusl appropriations y the Legislature are mot diminished, the treasury must be replenished by restoring the half-mill tax, which, upem the valuations of 1851, will add $281,406 31 to the reve- nuer of the general fund Tiais smount, added to tho es- timated revomue of the prazemt year, vin: 789.840, will produce sen atd Us 31 being less by $200,195 96 then the werrants drawm om iho treasury for the lest fle eal year. ‘there should be deduoted from this last amount, the stm of $156.641 45, which wae erroneously paid inte the Manhatten Company to the oredit of the treasury by the Comptroller of the city of New York, im the ih of February Inst. It was the school mom ‘com t! city. and was properly pi or to ‘he oredit of ¢! Ruperintendent of Com: Aftor it was in tho treseury, it must be drawn ont wpom @ warrant, which was done, and it therefore appenrs as #0 much taken from the Heneral Fund, Je fact tho transaction balences itself, leaving the actual eur received into, amd pald from the tressury umaffeoto naa te add prec 6 reecived and aUivareed, that sum to the real amo Making this doduotion, tne aum would be $14,606 47 in. stead of $200,108 06 a6 above staied. It will be porocived, that evem thie ald, by am fmoreace of the tex to helf a iil, will net relieve the Gomerel Fund from its present embarrassment, if the oxpenses are kept ap to the sam paid during the last year. It still will remsin deb‘or to the specific funds for its ovor. dint of $204,010 18, and leave a defictem sy of revenns at the end of the ext fixoal year of $14 00047, With this rtatement of the condition ef the treasury, the whole tubject i# mubmitted to the wisdomof the Legisiatare, Heretofore ths defisieney of rovenue, or overpayment from the Gentel Fond, has beom met by temporacy | Joana from the syrcltio junds, in the saape of Oometrol- | ler's bonds The power 0 make nach lone ia ooaforced | by section 1%, page 890. 4th edi of the Rovised | dtaintes. Brit the Vemptrotice does bellove that the coustitetional power to bo rew any of Sum, woder the seventh article of the gone dtution, © te moet exsual | Geflotts or failures In ravenurs, oF for exoanses not pro becase the debt already ooncrasted mitiion of dollars; and the toav ‘enth artiole declares, that the dh: aon | neation, direct or oontingen:, alagly or sheli net at way the oxceed ome wit. | | j 4 vided for,” exist exceeds the rum of one motton of (he a Lon of deters dhe flow coniracted siuce \ 1068, ohap. mple’a of pabite works $4A0.619 84 July, - 1s) amen on postgame 395.000 08 a on Sper irserecseee $1009% o9 pacing : £8 | For expenses of eclicction of tolls te, nodetaelie as pleasure SP°E “ % 900 for purehase of albam Ris aatene-48 gos aor 38 CED seeeeseeecereeere see 8,000 09 “ large Oswego canal ween: sees ee Certificate No’ 107 oom mm: wy. The ore ore © By weighmasters.. 7,076 03 der the cot te provide for 0 644 SL the Geftenotes im the Sink, Actual ebt contracted... iaaneaena pe ing Fuvd. redeemable let Authority under chapter 501 above, to bor ad Suly, 1866, 554 768 Oekte., «87.000 08 ” DPW sscesseescsneete é ‘ q #140,000 08 Debt contesoted and authorize4 $1717 438 $2 | Bi -- 4 Ocmptrolier's bond No. 2. inured per chapter He reepeotiully reters the przes 12, &o., | 226 laws of 1449, redeemable let July, of Sepate document No 68. of 1662 for bis views hore. | ————~ 1.040.046 02 | 1666.6 per cont. etdeiaashesaseccae ORTOC OD tofore fally givem upon the obsracter of this debt, sad | nk Pond Stock the constitutionelity of the various laws by which it has Surplus revenues. Certificate Ne. 338 sie k isued om acovunt beem created. Amounts ret apart. by of the Bek Fund, redecmatle lat Feb., CANALS, THEIR RBVBNUB, EXPENDITURES, DEBT, & sitetion. te vag the 1858, 6 per fs 49,018 34 | fate eu port seen rat (aa bended been aie Ina enterprise and great resources, They have yielded « od ‘6 im the Albany Pia borress, im revenue, and with coonomy |: one FARCE COMPLY. 006. ee cree ceeeeee 2,000 00 ures ptendence end ordinary repalrs. @ just Stock graduation of tola an adaptation of their capeeity to | me tbat pact of he, Sabh called ‘Twenty three shares im the Cunal Bank, Al- iaeot the greaily increased comm~rce of the gress Wast, | yp, mere Pus: ra 2) (0 08 bapy....-..... . 400 00 and a careful pretection ot their legitimate businoss po gear aia gong A Money im the treasury. ++ 19,006 78 against competing modes of transportation they promise » ------- p full scoomplishamrnt of tha just wishes uf che trends of | S0VeRmMERE, (3)......64., 200 1,050,000 09 | TetAlesssscseesereceeserssscsee sess sees $900,080 12 tatermal improvement in the State, fholr aotaal value temimmeperew | Baliieesi bn, thaikenaiceten as at tal, ted at . " ” rang? wary terest ofelx per ernt would. produve thei" sonal rove. | TE@ ‘remainder of (he revenues” of tke the 30th Beptember. 1861. $10,961 60 nues, Taking the sotual receipts from,all sources this | *0al year. applicable to te completion Amount received into the yeer, vis: $8.179145 78 asthe bas of the Brie Canal Enlargement, Black treasury duripg the ist | MEDEMPTION o Ay DEBT. Preah iy Mi ‘ pie wealth, which a enue chalionge iaadalce:Pa'ct | CATE 7.5.2 of the Constitution.) From toe books of Geocemmnah ay anne ere « the Canal Department. Amount paid frem the trearary durivg the been husbanded with the exre und pra, | Balance on band 2th Bept.. 1851... $103,618 83 | “year enuing dvch September, 186%. (3e t | B). . f bo the great interests of rove | peas, torred fromm the roves State rat —_ ne The attention of the peopl senala daring the Socaly called to the want neste he original plan of the | , eptember 1862 $8016 01 | work to apewer the dem of a greatly increased and constam'ly iporee:ing transportation; and a system of finance war adopted iu 1836. of apelying the surplus reve- pues of the canals to the work of emlargoment, whivh would if it bad been pursued by the dtate. hav» oom ape the Erie en! ment, and fivished the (irn-ses alley and Black River camals, without the creation of debt, and thie would have beem aacomp ished ia 1836 In 1826, the total oansl debt was $ 326 500 73 [a 183! the polioy of applying the surplus revenus: was dopartes from. and @ system of borrowing. based upon the amtist- pated increase of revenue adopted, whioh, in 1854. exbtbits the follewing results, vis :—A canal debt proper of claim agsinst the eal revonue certit- costes iesued under the law of 186!, makiog toxethor $17 CO1.109 16, and om imorease of tl there periods of $10 674802 43, the canal enlargomont ard the lateral capals unfisished. and che enormous sum of $20.772 471 32 being the net proceeds of the revenues from 1636 to 18:2 inclusive, paid for interest and priasi- al of the public debt, and for expenses tor repairs sud | superintendence. ‘The change from the polioy im 1838, led to the suspen- sion of the public works im 1841; and the debt oud em- barrasement ii 6 financial condition of the Stute, crow. ing eut of the mew policy adopted in 1838, producsd the Convention of 1846, which was demanded by the people to provide some fixed certaim sohcime of fluance, by whieh the debt them preasing upon the energies and prosperity of the State might be pald—rome barricrs te be erected sgainst the creation of any further debt with- out the sanction of the people. and make provision for its payment if created; and then, te provite for the completion of there great amd important works of inter. nal improvement. projected but apiinisbed, which, when completed would ensure to the State the means of eee ee public improvements, and te the people exemption from taxation. peo} the seventh article of that instrument would produ such results; but the stringent provisions of thut artic were regarded, by certain rests. ag obstacles to the Henn engar seo of the enlargement cf the Eri. and its plain eimple and perfect scheme of fi suited to the accomplishment of that end. bad te a legislative experiment of circumventti constitution, by sppropriating the future surplus reva- nues in one lump, instead of the surplus as it secrued in each ficoal year under the eonstitutivn, and the law of 286}, ocmmonly known es the nine milion bill, sprung | The | {nto existence. Its fate is now matter of history. highest judiolel triounal of the State prosounced it ia coutlict with the constitution, and its only fruit, as (ar a6 any advance towards the completion of the Erie canal is conce:ned, is the creation of $1.600 000 of additional canal dobt, inthe shape of canal revenue certificates, paid by taxation. inoreave of revenue from these worke of publie improvement, has not disappointed the expectations of theds most sanguine friends, It has increased from $1 696,465 48 im 1836, to $3179.145 78 at tho close of this year. But this unexampled prosperity in the re ceipts from the canals has failed to sccompli-h the en- lergement, while tho canal debt has been largely oreaced within these periods. It is au instructive lesson im finance to ascertain the ses Whioh have produced this result, and they are apparent. debt, has exhausted a very large amount of the revenue; ¢) expenses of superintendence aud ordinary repairs ha’ swelled from $467.599 33 im 1836, to $1,049,045 v2 in 1862, and the cost of engineering has increased from $11 578 $6 im 1846. to $154 438 in 1862, It will be seen from the table which follows, that the total receipts for this fiscal year bave fallen below the amount reoeived im 1651 $543,017 33. In 1851 the: were $3 722 163 11, and fo 1852, $8.179.145 78, In 1851, there was received for railroad tolls the sum of $171,055 01, and during the fiscal year of 1452, the sum of $56.901 26. ‘This amount Was id in the months of Qctober and November, 1851, and the two months which preceded the first of December, when the law exempting railroads from tolla for transportation of freight, took effect. Mow much loss of revenue to the cavuls bas been sustained by the operation of this law cannot be ascertained with acou- racy, a8 no returns of freight transported by the rail- roads, and which would be subject to wills. are now made; but. im the opinion of the Comptroller, it is quite safe to put it at $200,000 for this year. The ‘surplus revenues’’ for this year amount to $2,180 099 66. boing $684,883 05 boiow last year; and the “pomainder of the revenues,’ which by the constitution in to be applied to the enlergement of the Krie canal, and to the work on the Genesee Valley Black River oa- nals, after applying $1.850.000 to the Sinking Pund for redemption e canal debt, the Geveral Hund Sinking Fund and support of government, is this year only $240,009 66 sgainst $064,432 91 for 1851 In estimating the “remainder” for the current dae there must be deducted $60,901, resetved from ri tolls, leaving the estimated “remainder” for this year, $228,198 62 It is this ‘ remaindor of revenues” upom which the enlargement and lateral canala depend for their completion under the provisiens of the constitution. ‘The law of 1861 undertook 10 ereate a dobt of $9,000,009, to be applied to the enlargement of the Erle canal and the completion of the lateral ounals, baved upon the as evmption that this “remainder of revenues” would ho amply sufficient te provide the means of paying the debt to be created by that law the revenues of the camols first satisfying all tbe demands of the constitution oreated by the seventh article. A ‘remainder’? of $280,000, which js all that ie realized Im the next year after the pastage of the nine million | would be wholly insuiicivnt to moet the tutarest om dit 18 obvious tha: the credit of the certificates ued under the law, cou'd not have boom meia- tained, bared upon a * remaluder’’ as smoliasthis. It is believed, henoe. that the real friemis of the canals in tho State have reasop to congratulate themselves that they have escaped a disastrous shipwreck, in the failuro to carry cut the law of 1651, amd that they ere to look tothe etmrlitution, or an smeudment of that instrument, as tbe only mode by which thess groat works are to be finelly completed ‘Phere Goes not exist any well founded belief that this “remainder of revenues’ is to be increased for years to come. The causes which have operated during the pre- sont year to produce the dimiautiom etili exists. and mast continue to exist, viz: competition of railroads, farther reduction of tolls to meet this competition, and to indase the Westera proluce to seek @ murket through the canals, to be ‘The includes and the large tmorcace of expenditure for suporinton: + dence and repairs. That this last item of expemditure is altogether too large, and sould be reduced, the Vowp troller bas no doubt; but past expericase has shown how difficult is the task of acoompliehiug such a reform. with ovt the cordial co-operation of all concerned in disburs- ing the public money it must be always borne in mind thot the constitution will take from the canal revenues, in 1854, the further rum of ome hondred and fifty thousand dollars, beyoad the two humdred thousand dollars now annually applied, penses of the government, im 1866, the further sum of four hundred thousand applied to the eimking fand created to poy the anal debt, beyond the presemt suia of $1.300 000; and these sums must bo regarded as ach further charge upom the ‘remainder of revenues,’ in all estimates founded upen these revenues as a basis for further debt, or as means, udder the constitution, to be applied te the payment of presont or futare work upon the enlargement of the canal, of the Genesee Vailey and Biaok River oanals. ‘The following tables exhibit im detail the camal debt, reve ead expenditures, and the operation of tho sink- ing fund for the redemption of the debt, for the flaoal year ending 30th September, 1862 :— CANAL DERT From the books of the Canal Department, Erle caral enlargement. sam se 4 Chemurg eanal. 93. Te provide for “tithe constitution... of the Canal debt chargeable upon jukiog Fund. oreated by section 1 goons Ln EP 588 OF fo provide for oxtraordinory repairs, chap- tar 810, reotion 2, laws of 1840... 6,060 09 To Albany Basin, chaptur 200, section 8, laws of 1849..., to08 eevvees + 192,085 40 fctal amount of Conel Debt, 20th Septem- aR cove cee GLB, 601 108 16 $1,090 000 £00,000 —— 1540,000 09 Totel of Caval Debt ead revenve certif- cates... $1 werer 1 Statement of the revem expen ce of collection, ru pour, during Ue fiscal yi (Ar idele 7, wetion 1. of the constivution,) by the Aadi(or of the Gamal Depariment Recetpte soeee SSL16 321 BR . 66 vOL 20 Tella from canals... Tols from ralirouds eRATs ate 40 L8n5 09 45a) Remt of surptns WAKE... cece. cee Incereet on current evual revonao, Ae TOM... cece eee Payments Por repaire on exaals, vie = To ruper nts wi U copes . ‘The inverost on the | nid from 1846 to 1852 inclusive, $13,500 286 97 | | | | ' | marked N. f | plack roads. and telegraph lines, ts lwo uusettied sn | im fuot capital. but cannot be assen-ed under t! Intereet om foans Total ....eeeceeee v stook, vin : of 1860 $314 265 46 For the redemption - Ws of 1851, 6.000 00 6's of 1860, 20.000 60 $340 265 45 Acorucd imterest........ 4.0665 278 63 $340,548 08 Vor the expense of keeping the office for the transfer of stooks in the Mauhuttnm Co. under chap 288. Laws of 1540, and chap. 18, Laws of 1847, viz :— | To Maphattan Co: To Walter Mead ug: y ToA ©. Fingg. agent, for saiury 260 00 For acoount books, stationery, &o. on 170 75 ——— 2170 75 $342,714 73 Traweferced to pay interest om Loans for the following funds, vis:-— To supply deficiencies under the consutution.. To pay sae due prior ba esenee Erie Canal Enlargement . . 419458 02 Chemung Canal + 10,896 OE Chenango Canal.. 2 1651 72 Biaek River canal. ‘21 298 68 Generee Valley Canal... + 167 108 61 Ousica Kiver Improvement... 8,010 61 801,161 00 $91,143 876 73 Balance om band Sept. 30, 1852............ 354.888 10 Total .. seeeees $1,496 763 83 TAXATION. My predeoorsor called the attention of the Legis im his annual report of Last yaar, to the eunj taxation of railways; and some progress. tis understood, was made during the session 12 maturing 4 bill to rege late the mode and principle of assessment of tais kind of real property. It is higuly important to the int reat of the Scate and these companies, muitipiiea as thuy over the State amd addirg milliovs of doliars to tne luation of owr taxsble property. toat come just and uat- form rule of assessment should b+ estadlinned; and it is st the rule should be vatubliabed by the L-gie ull the rules of taxation iu reapect to othe: pro- perty bave been. #requent inquiries were made of the Comptroller im relation to the subjest by assessors im various p ortions of the Biate, and also py the railroad companies. The result of my epinion is given im a lettor addressed te the President of the Oswego and Syracuse Railroad Company. & copy of which is bereto anasxed, eo rule of taxation upon gus scrapaniee should be established by law = [ refer the Legislatare to the suggestions of my predecessor upon th-ee subjects, Pages 12 and 18 of hie report of last year, ane areny and just end of our tax laws is to subject all the real and personal property of che State te its opera tioa, ‘The amended system adopted im 1851. it is be Meved, has eubstantisily effected this object. vo far equalize the valuations according te one common a rd, via : aotusl value of real estate, und actual oone fide ount of personal property. A large amount of ver somal property, however, eecapes taxation. and some change tn the tex law is necessary in order to reach it. Banks are assensed for their capttal stock only What they possess beyond their capi'ai. xed ey their charter, oF articles of association. cannot be reached by the asses- sors, Ifthey have » surplus, the earnings of a prosperous business, beyond their dividends it is used asc: ory is xivtiog lows It is known that many of the ba! in the State have o surplus, im some (ustamoes equal to their ospital, and a great number to a large amount. This surplus should be taxed against the bank; and tne Comptrolicr recommends an amendment of the law, #0 os to enable the assessors to put down. as part of the capital of any bank, ite reported or actual surplus, with power to examine its officers under oath as to the amount. He also recommends s further amendment, by which the oollection of the tax levied upon the oupttal or oir culation of certain banking insticutions in State, parently located in ¢ Practically in the city Predecessor in his annual report, “moveable banks,” and so far as the attempt to tax them under existing laws is conserned, they are “‘moveabe;” or rather their asvets partake of that character. Their place of redemption remcte town, and their offive a of businecs in Wall now ble onl; the place where they appear to transsot their banks business. Whea the collector calls with bis warr: finds nothing of the bank. but some res) who has contented to the use of bis nsme but who bes no bills or specie, or any other proparty of stitution, which oan be taken forthe tex. The evil can be effectually remedied by s provision authorizing the Comptroller to give notice to the Superintenden: of the Bank Department, of the default of payment of the tex in such a caso and that he be required to withhold the ewount of tax from the taterest payable on any seeuri- | ties deposited with him by such instisution,as the basis of circulation. COMMON SCHOOL FUND, Capital, ‘This fond consists of the following i mA, Vig: — Bonds for lands. . eeeees $084 O10 87 Bonds for loans to towns, counties, £o 217 436 36 | Loaw ot 1808. . 946 46 Loan of 1840. 326 08 AT Certifivates Nos. 29 aud 40, on eccount <fthe Astor t. redeemuble at plessare, 6 per cent,...... Certificate No. 2: Joan to rebuild the Coemung canal feeder locks, redeewabie Ast January, 1861, 6 per cent... Certificate No. 1, isened pe chepter 435. Laws of 1847. re- deomable 1st January, 1465, 6 Per cent,.... $11,756 OL 1,446 06 160,009 00 GOMPTROLLER's ONDA, Bonds iseued for loans to the the treasury. psyeble on demand, POT COME. cece rece ee cee e ee PTOL,C4S 49 Bonds istued per chaptor 225, Laws of 1840, redeemable in 1806, 6 per COvt,...........+05 Bonds issued to the College of Physicians and Surgeons, N. ¥., the payment of which bas been acsumed by the trustecs 198,200 06 820,200 00 School azd Gospel Fund of the eee on Lie | Te Geemable at pleasure, ent aennnntesnsese 8080 00 ee oe 1 shares in the Manhattan Company, Moo cache. sesseee - 50 000 08 Money ia the treasury, uninvested,.., + 206578 80 $9,864 640 00 1,062,961 65 REVENUR. Balance im the treacury om the Both September. 1861........ $109,681 4 Amount received into the trea- sury during the year ending S0th September, 1862, (see statement A 5 jomey im the trea- ‘belonging to the schedt fund. ohapter 383, Laws OF 150s ceeenens n, 18.925 T= $198,026 69 Amonat paidout of the treseury during the year ending the 30th September, 1853. (soe Katemeat 8 seeceeeee cess B40242 08 Balance of revenue in the treasury om the ‘B0th of Beptember. 1852...... .. sep eses se G154 564 14 ‘The revenue of this famd is estimated for the current ear, vis:— interest om bonds for lands........... De MF etal Tuterest on money in the bs eat from imeo Total . A it tho tame period. v Common scheot dividend ‘ $295,000 00 Shineecok Indians... .. 5 80 00 Total... . $296 080 v0 Atatement 0 shows the luimution sad tnerease of this fond ouring the year. Its LITENATORE Capel ‘This stock conetete of thee Collowimg Items, vie: Srote Stak, Oertifieate No 2.957 loon an Ger (hp aot pt ifua pley $8 185 00 In‘erest cm Comptroller's bonds. 3.884 C0 Iuterert on Bunk Fune work... hak 2,004 00 Interert on money im the treasury, to be ARVOUOR Ss cis vs eins sseacssserensssersecs 800 00 | Total oo cower see ses $15,421 00 Appropriation from (he incom Mipsis Fund........+5 23,000 00 Totah..... cesecereesssesecsseees teeeee $93 491 OO Appropriation from the revenue for the rame psriod, vit. — Dividends to academic $40 000 co Books &e , for sondem! 8.000 08 Moteorvicgioal obserracio 1.600 00 Payments Cred the income during the pet year $1,446 79 snd that | the sctual sppropriati ns for the present year exceed the eotmated income $1079 This should be previded for, to reimborse the fund, or the amount of appropriations | dupipiwhed. UNITED STATES DEPOSIT FUND. Capual ‘This fund eensirts of the following items, via :— ‘Loans om moriguge in the several couctive . $4,000,833 68 Btete etook. redeemable lst January 1565, G per COME... ees eeeeee eee aee. cererees 142500 00 State stook redecmuble lst July, 1400, 6 per OME oan, ocie pecs ays x 1,100 00 Comptrolier’s bonds, payable on demand, 6 per eent......6 a . 184739 44 Money in the treaeury. ce ETE) $4,016,620 71 Revenue. Balance in the treasury om the 30th September, 1r61.. $6,886 21 Amount received im tho tueasury curing the year ending 80th September, 1563 (see stutement A.).. 245,780 89 Amount trapeferred from the Fund revenue. for om money 1m the seeeee S6ll 46 Anount treusferred from the Bcheol ¥und tor bonds for lade... see stevens 1.540,00 ——— $256,227 66 Amounts of payments from the treasury during the | oa encivg 30th Septem- r, 1562, (vee Statement B).. seaiees «+ $246,184 07 Amount tr ferred to the espital of the fund for di- monution tn the loaus un- Ger forecloeure of mort- —-— «s- 46034 67 Balance of revenue in the treasury on the 0th September, 16¢: y + $10,192 89 ‘The revonae of this fi for the ourrent eer. vii ont nterees om the loans om mortgage im the several counties., a + $227,600 09 Interest om State atoc! . 7,101 00 | luterest cm Comptroile! nai 11.084 00 Interest om money in tue treacury. 3.000 00 Bales of Innas.. . sesosees 1,500 00 Amouni tc be refunded from the senoel fund for an advauee from this fund to supply & deficiency im the apportivnment of sohoud meneys io Saratoga county... 2,208 90 Tote)... teesseessererercesesecseces $252 565 20 Retimated payments for the current year vis:— Common sobvols.......... eacatk + $105,000 00 Amount te be added to the capital of the 25 000 00 28,000 08 10,150 09 1.250 00 18,000 00 ¥er diminution im the loans under furecle- sure of mortgage Premios the United States Deposite Fund, under foreclosure of mortguge, which remained uaseid by the Vemmisaioner of the Land Office on the 3th September, 1802:. Counties. Now Mortgage, Whenbidin, Principal due. Broome... .. a3 1844 FY aL 1443 26 48 luz 300 7 ‘1640 160 Montgomery .. M6 1851 400 New York... 1u8 1845 1,600 let 1846 800 m1 Weal 300 a6 1851 cod “0 1816 AS Bufloik. 58 1843 2,000 ‘The capital of this fand is kept uvimpairea. If any lose of capital ocours f:om rales under fureslesure of ws by which t is eecured. it iv made up auaually erring aD equal amount ot the re to the Buch losses of the capital ccour y s of the value of property, or defectiv: tmithsinvdiog sll the losses end + xpel of it« management, ita revenue has equailed am imverest Of 67% per cent. 1 venue of this furd is distributed through all the channels of comm m +ehool ecucution, snd. to- gether with the other large contributions to tats nuble cause, extemds ite rioh bewelia to every family in tie Btate. The balance of revenue in the treasury ow the 30th September was $10,192 19 This exceeds the balance of Jact yoar by $4,006 €5, und exhibits a grecitying evidenee of the fidelity with whieh ita revenue is muuaaged by ihe Commissionsxs who have it in charge. MARINERS’ FUND, This fund consists of the following items, vis :— Mortgege of the anveican Seamen's Friead Society, (without interevt ) Money io the Treasury.. Balsnce in the treasury, paid under protest... AURUEN AND ROCHESTER RAILROAD by capital. 1846 16 vee $11 980 96 MYANY SINKING vunD. This fund consists of the following items, viz — Btate stock : 6 pee cent, redeomable in 185h,... $13 817 08 6 per vent, redeemable in 1860.. 4,000 00 Geemable in 1856, 6 per cen! Money im the treasury... Koa ‘This fond consists of the following items, State stocks Five per cent, redeemable in 1856 $3 500 08 Five per cent, redeomable in 1861 500 08 Bix per cent, redeemable im 1800, 1,500 00 Bonds and mortgages . Money in the treasury. Total... eens T10GA COAL, IRON, By the aot, chap. 00. of 1851, the name of this company bocn charged to Corning and Biowsburgh Bailroad Company.” ‘The fond oonrists of the following items, vis :— Btate stock redeemable in 1861, 6 per cemt .. $700 © Comptrolier’s bond. payable on demand. 4): . oe 387 82 BA 64 $1,808 46 7 enpuslly payable to the State, as a sinking fund to pay the prin- cipal of the stock inrued by the State, aud loaned to the | company, is deferred to Ist January, 1860, RD RAILROAD COMPANY @/NKING per + $3,009 00 Btock issued om asoount of the bank fund, re- Geemsble im 1866, six per cent... Money im the treacury. MCHOOL AND GOSFRL FUND OF THE STOCKBAINGE The amovat of this tond fs invested ina Cam ptrotice’s bond, psyable at ploxrure, 6 eon +e le fund has beem redosed during ths year $18 ¢0® by the payment of that emount from the treasary, to the Indiare in pursuance of chap 19 laws of 1862 for paving abe te. &o of wid Indians, aod making partition of the fund (See Statement B) INDIAN ANRUITIBS The annultice payable to Indian tribes, under the seve ral tren ler with them are as full The Cavogar... The Ononéagas. ‘The Benross The 3¢ Regis 2141 6 ‘d to produce the amount of the nbove x percent ie $122.004 87, which is meted ee par’ of Use genersiiund Sieve dept. (S40 etatement Neo) MISORLLAB ROVE, purposes to which they wore applied. summary of the te of the public expenditure, picked thas specifically, thet the hew the public money 18 disposed of, correct spy improper or extravagant use 1 feel Te my duty, Ie view bi the présent condition of the taearnry end the nrceeity of some ietrenenment of ex. PeDditurer to osll the attemtion of the tow Of the items #! Lave contaibuted to abae ot the pay @omte on mcoouat of the ( revenue tothe cum of $1 271 445 20, PRINTING, ‘The amount paid for printing {¢ $134.848 08. This does Pot include the rum of $3376 50, paid to B B. O'Call- bam, Bry. and his clerks for services Bader the contract made by the Governor. late Osmptrotiee, ‘ary of State (acooy of which is hereto om pexed marked 0) im translating and preparing docu- “ate, relating to ments in the office of the Secretary of the Colonial History. work is to be published at the expense of State. under the authority of the act, ~ the laws of 1849. Ina report made to ¢! Feb 13, 1661, by Governor Humt and Shoretary Morgea, (ree Assembly document No 66) in reply to s resolution OF Ubat body ashing information in relation te the pro freee made ip the work and its probableex‘emt they sa3¢ “it is eetimated that they (the mamuseripte) will form ten printed volumes '’ There, by the ooutract for priat- ing are to be quarto volumes. sy the act. a copy of the Work. ae it is published 1s to be distributed by the Sta to b member and elective officer of the oly of that year py of the coatras: for the printing and binding of the work made on the 20th No Yerber. 1+61, is annexed marke P. and else « copy of the asrigoment therecf from () Vaa Benthaysen te Weed Fatsons & Co, on the 48d December, 1851 Ifthe umber of volumes to br published is correctly eatimated, thir privting con'rac’ wili require and aurhosise the pub- heation of tity thousend volumes. The price ts fixed ab $20 60 for curb rigpature of four peges A quarte volame ordinarily contains about one huvdred aud fifty signa tures. meking tix bupdred pages. This would mike the cost of priniing $46.760 The bindiog of fifty teeuend volumes, af 'he contract price, (torty nine and e hat ceni#) will amenat > $24,750 bat the covt of the final completion of this work will be. the Comptroller capmot arsume to estimate; the above statement shows thet an expenditure of $70 500 will be Lecersary to meet the contract fur printing and binding. Jm the ‘annual supply bill of jast year im of $15 CCO was appropriated towards the expenses of the publication of these documents. and the past bisvory of Btete expenciture for the publicaston of books. shows (hat ehe has contributed with great linorality to the art of printing. {€ not to rcienes. I subjoin « statement of ‘Use sume paid from the treasury on account of the Geo logical Burvey avd Documentary History, two of the books published by the State :— Geok gicul Survey. aa ++ $478 854 oY Documentary Liscory. (about) ++ 180,000 08 of which nearly $60.00 was fur misting Iv is for the Legislature to det-rmine whether they will wake further, and what amount of appropriation, for ‘he contipuapos of this work What tug "ber charge upon the Trea:ury for trandating the documents there will be cannot be stated with any oertaloty, as there is no limit in the contract to the emount te be done. except as to the mumber of volu: vis; sixteen of Holland snd seveuto-n of Paris, Wi number of folios of translation theee thirty: three volames Sense an will produce. is not provided for fa she contract. and capn.t now be estimated. An sppropriation of $690 for thir servive was wivo made im th Dill of last year. ‘Theamoust paid for print eon steadily im- creasing for several years pret In 1646, there was pala 964,985 on 1899, “ vee 16408 OF 1850 id ++ 92.698 63 1851, “ meriet e) 1862) “ 1184648 68 ‘There is Imcloded in the printing acsount of this year the sum of $60257 04 for eugraving, printing, binding, &o.. of the cooum: ntary history, one of the omterprises in book making. undertukem by the State at great ex Pepse. anc of very questionable value whem compared with its cost. Inte believed this lart work will be completed and dis tributed during this year and no further largoexpenditure be required co carry wut the resclution of the Assembly, the volumes gratuitously to but a compara: emull portion of thove who have contributed by taxation to pay forthem. It should be remembered thas | the entire expenditure for this book was incurred unter pt | ofthe Legislature, and not im virtue of any jaw. There has been paid for “engraving” for legislative decumente the sum of $11,583 40, whieh is part of the ameun: obarged to the account foo printing These en grevings Were msde for the Documentary History, en@ the Agricultural Report. amoually made and publishe@ by order of the Legisiature There bas been paid for the euppert of hospitals and orphan a‘ylums $56000. This ts over and a tum of $24,600 which bas heretofore be propriated to the New York Hospital and the ovpnea asy- lume in the oity ot York, from action duties It is not denied. and will not be insisted, that these be. nevolentinsti‘uticosdo mo; ceed and deserve the aid of the State im dispensing their noble okprities, for the | relief of the eick and poor, and the belpless orphan. If 4 for the Legisiature to say how mueh can bi ropr- ted bereufter, even for euch benevolent ubjeot pte ent with the present exhausted etate of the treasury. ‘The sum of $24 960 hus be-n paid to the survivors af New York regiment of voiunteers who aseved in the Mex. ican wer. The whole sum appropriated and paid is $40 (CO, The first appropriation of $15.660 for two yeurs, Was made in 1851, chap. 508, of the laws of thet year. It wae found wholly inadequate to tha objvot contem Plated of paying twelve doilurs per month for two years” services of the survivors of this regiment, and the fas ther sum of $10,000 was given by ths last Legislatare ES is now to be determined whether the State is com aitied to the continuation of an appropriation for this objast. If it ie, them a further sum of $.6.000 should be appre priated to meet the payments for the mext your No a= timate has been mado by this office, for this purpose ap part of the expenses for the next fiscal year. ‘The eum of $3,800 has been paid to the late olerks im the various public offices during this year, for extra ser- vices performed before the first day of ua! id at the close of the session, whe! ee time i Lele! Cee tne question, as to the y of making such allowsnces, oe Se ee heres greys them. The Com ptreller feels compel say disapproves entirely cf this mode of compensating the clerks ‘a he public offices Those who are most active and skilfulia tecuring the favorable coasideration of the Legisdeture are not always the most deserving of its favor; whfle the timid and retising, and those really deserving some extra Pay. are unwilling te enter the list ef competitors before | the Legislature While he believes this mode of obtain- { | clerke im all the offices, and the | The eum of $2,700 was gr ing extra compensation to be improper, he has ne hesl- | tation In saying that most. if not all the clerks employe Jo the public offises, aud especially in this office, eomsern- ing which he can «peak more ceitaialy, Teocive a very in- adequa‘e compensation for theres] labor performed and responsibility aerumed. They should receive more but it rhould be made permanent and Daod by law, or 1o the dircrotion of the bead of the department, amd aot «ly, from | devend each year upon the rucess or failure of an appt- catfom to the Legtointure, pressed by the olurks thea- colves. Statement G exbibits the names and number of the m during the year, y the leat Legisiacure to and the extra allowance made to by | the Oomptroller, to enable bixa to’prepare for the tax sale of 1845, "6 "7, and’ It bas been paid out to the Jn biv office for extra labo $1381 09 | i ¥ traliy performed by ihe clerk out of office hours im get tng ready the books and livt: for that sale A spe@al com- munication from the Comptroller upon tbs sabject of the’ ol rical force in this office, and what addidon should be mede iberevo. anc whst additional compearation should be paid to them, ia obedience to a resolution of the Se- Bate, parred April 16 186% will hereafter be made. The « fice of Lorpector General of the Militia was eree- ted by chap 180. of the laws of 1851; and his compensation fixed wea ihe same as oaid to a tmajor generol. vie: five ¢otlers for each Gy actually on dur7. and alse bis neces- sory and proper expenses t> be paid om the cartifieate af the governor The present incumbent of the office hae beem paid during the Inet feeal year the sam of $2.68 82. On exomining the warrants at the treasury, amd the cew- tifteates of the governor to the bills presented, it apposes that this offloer has been om coon Suly during every day im the year, and has receited pay thereles, wo» ether with the eum of $643 02 for expenses. 1 have, 1m & previous portion of this report, alluded te made in the supply bill of 1962, of $2 400 ta velli one of the tate and Canad ears 1951 and 1862 {mn addition: to the objcetion before stated, to the payment of this eum from the general fund revenue, the Comptroller fec® that in his opinion, the eonstitution does Dy article 5 scetion | of that instrament. it is declared, thet the officers named fm paid articie (which includes the canal commissioners.) “shall at stated times éuring bis continuance in office, reeetve his services & com- yemation, which shall not be imereased of diminished during the term for which he shall bave bees ofected new thali be receive te his use any feos or perquisites of offies, or other compenvation ” The salary of @ canal comuis- stoner Js fixed by law at $1700, amd also rix conte a calle for travel feos is allowed under the 14th section of chap- ter 478 of the laws of 1647, when actuslly travelling es the lime of the eanal, which im the regate. however, ® not to excord the sum of ¢ve hundred dollars per year. ‘The objcction to the allowance is. that it is am “im crease” of -ecmpenration” made duri the term fer nees’’ of » public officer whore salary was PM Nithoat controverting this last proposition, the troller was of the cpimion that as no mew or adcitéonal duty was throws upon these offloers. it was not case of “expenses” for a particular, ified mew srevice, but was * ees one ban . constitution; he tunes appropriated. however, under the high legal opinions thus givee, with brad snag tert attached te the warrant, stating his oi thereto ‘The fees of constables for attending the terms of the Supreme Court and which have bees pald by the dbate di ing the lest year, amount to $1.87625 Whea this vition was originally eneoted. (sestion 4. page S62 ed Kevised Statuce ) there wore but three or four in the 8) whiok geveral terms of that court were held. and it was deemed proper by the Legisiasnre thet the fees of const.bies specially attonding those t+rms «boula be paid from the treasury = It am*ed then te i . inl terms were auther- oF I ton by including thore epeoial terme witbim the Now. spee'ai ‘ormne are heid im almost every county la the Btate. and quite frequeptly; ame im the city of Now York there are epectal terme and general terme held oom ton- ily thiooghout the yesr and often of the same dey; end for actending at enob and all of tBese © terms” pay- mené ia made to the con-table. The amouut has swotl~d up tothe prevent vom In the opinion of rhe Compteol- Jer this expense should be peid by the county Ia @nieh there terme #: 1d, end he reeornmends @ rey of thes emotthe Beraed Jun ttes above delaced to, wiih