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STATE AFFAIRS. ANNUAL MESSAGE or Tag © Exrcerivs Ceamege, Aunayr, January 3, 1854. ‘To ras Sxxars AND ASSEMBLY :— You are assembled for the purpose of framing such laws as are demanded by the interests ef the people of ‘the Btate of New York. The constitution invests you ‘with the power, an’ imposes upon you the daty,of adopt- ing measures to promote education, to restrain vice, to punish crime, to protest the rights of persons and pro- , and to advance the weifare of this great commoa- composed of more thas three millions of citi The Almighty Ruler of the Universe has during the Beit zewr ‘nally favored our psople, and bestewed upom the bi of health and freecom from wars or civil convulsions. The labors of the husbaadman have Teceived abundant revurns : our artizans have been com pursuits; aod yond its former limits. May wisdom so guide your counsels, that they shall texd to the advancement Of religion and learning ; to the promtion of Mberty and order ; and to the general welfare of those whom you represent, The duties which sre now imposed upoa you fare complicated and important. There will be req: on your part the exercise of firmness, wisdom, and integ- Hit, to preserve the high eharacter heretofore held by State, and to main’ain the prosperity which new pervades every department of its social and industrial Organization, ‘The history of New York has been aa honorable one from the earliest period. While the citizens of other States have with p ous revsrenes preserved the memory of the imeidents of their early settiements, too little at- tention has been bestowed oo the more varied, and in many respects more interesting immigration to the shores of the Hudson. Drawn as it wa: from most of the enlightened nations of Europe, 1s establishe’ here, at am early day, the beat principles of civil and religious then known to the world. From the first hour Df the settlement of thie State, all who desired to avail themselves of the benefits of its fertile soil and ample territories, or of the great natural advantages of its po- Mitton, qere cordially welcemed, without reference to the lands of their birth or tne peculiarities of their vreeds. Our State has always presented the gratifying spectacle of a prcsperous and harmonion: community, composed of those, er the descendants of those, who vrame from hostile lasds, where national distinctions or Biff rencss of (x'th were regarded as evflisient grounds for continued warfare or religious persecution ; but who have learned, under our free and beneficent insti‘utions, the advantages of toleration, and the unworthiness of ational or sectarian prejudices. Not only were different portions of New York originally aettled by emigrants from the several countries of Europe, Dut the representatives of every European people are mow scattered broadcast over our whole State. Tuere is no civilized whieh is not used at the fireside of some of our citizens, or which 1# not, oa each returning Sabbath, peured forth in prayer and thanksgiving to the God of all nations and of all climes. When we cease to feel @ just pride in our frpsdom from national prejudices or religious bigotry, we shall show to the world that we are leas wise, humane, and.toleraut than those who, two bundred years since, first established here the institaticns of religion and laws. The prosperity and greatness of New York, are the results of labor, skill, intelligence, and civilization drawn from the most diversified sources, as its population is composed of those of the most varied nationality and lineage. During ihe period of our connection with Great Britain the provincial assemblies of New York were the first to sscurt the great pricciples of popular rights and of eivil liberty, in constant and steady resistance to the efforts of the colonial governments to establish and extend the pretended prerogatives of thecrowa. The rights of the people were clearly asserted and boldly maintaiged; and when the period of the Revolution arrived our oltisens were prepared to defexd their liberties, not from the in- fluence assion or excitement, but because they clearly understood anc appreciated the nature and censey uences of threatened ercroachments. Throughout the Revolutionary strnggle our territories were the scenes of its most important events. New York was assailed by all the varied forms of warfare under the control of the Britith government, which at- tacked our commerce and seaports with its fleets and in- vated the northern sestion of our State with its disci- allies deso'ated our fron and the tomahawk. tiny the patriotism of our ojtizens and of a distant pos terily, by reminciog them that our own territories have been the soenes of events of such deep interest and na- tioma) importance. The first constitution of this State, adopted before our national independence had been successfully asserted, evinces in évery provision how thoroughly our citizens at that day understood their personal, civil and constita- tional rights. To the statesmanship of New Yors is the patien largely indebted for the esssalial provisions and wise re trictions of power ccntained ia the amendments to, the ceustitution of the United States. When the his bory of our State shall be faithfully written, and the im o& the occurrences which mark its pro- greys shall have been tested by time, New York be found to have occupied & more important posi- tion than has been claimed by its sons, or accorded gy ‘the citizens of other Siates. ‘Though the war of the Revslution allowed to ovr peo- Je but little leisure during its progress to improve the jurisprudence of the State, promogenitare and eatails ‘were extinguished military tenures were abolished, the Fight of petition was firmly secured, and the great pria- ciples of civil liberty were relieved from the restraints which » monarsbieal government had imposed. Whoa peace permitted the fall extension of the republican iple, and our stetesmen and jurists assembled ia the majesty of their representative character, the im- ent of our tlie ina advanced with a rapid- fy unequalled by any of the States. ‘Our judiciary, who have ever been distinguished for their learning, their provity, and their capacity, joined fully and warmly the legislative councils in adapting our laws to our condition. Imbued with the same spirit, they expounded the statutes and moulded the principles of the oommon law so aa to give the utmost expansion to jus- ‘tice and liberty. ‘The great work of reconstructing the whole body of statutory laws, of condensiag, simplifying and seducing them toa system originated in this State; and its sus ceesful completion received the applause of the most dis. tinguished statesmen of other countries. It is justly re garded as ® monument of labor and ability, amd has ren dered an important serviee to the mass of our pvople by making our laws more accessible and familiar. ‘Our State was the first to establish a permanent and comprehensive sys'em of popular education. It has been foremost in the works of internal improvement desigaed ‘to facilitate oommeree and interoommunicaticn, and to advance the wealth snd prosperity of our people. The first steamboat was laucched upon its water first canal of any extent upon this continent was excavated upon its soil, and united the vast inland seas of our coun- try with the atlantic ocean. Long lines of railroads thread our valleys, overcome recky bepriers, and extend the advantages of commercial intercourse to the most secluded recesses of our land. The successful achievements of our State heretofore, and the prosperity which it now enjoys, are attributavle, pot only to the enterprise and sapeclty whieh have sug: sa to the prudence and gested great undertakings, but al Sconomy of its legislation, and the official purity and stern devotior to the public interests on the part of those who were entrusted with their management These ia- provements have not been the resuits of speculative ex- eitements, or of profuse expendisure. Onthe contrary, when the great principles of prudent economy have beea overlooked, or the intereata of persons or of localities have been more regarded than the public welfare, our pro gress bas been disastrourly impe ‘ed. This brief review of some prominent events has Deen presented to animate our citizens and their repre- sentatives with the patriotic purpose of making the anaals of the future as honorable as the history of the Pethe constitution impores vpon you the duty of guard- fing the interests and promoting the welfare of a diste that has attained this high cegree of prosperity and greatness. 1: will afford me area: preasure to co-operate ‘with you im all measures “hich will promote the interests of our State and be pefiedotai to its population. ying the aonual report of the Buperintendent of Common Schools will show their pre sant condition, and the amount of money apportioned tor ‘their ose during the coming year. ‘The amount of the Common School Fund on the 30th of cee se $2,888 261 28 i year of "$28,727 14 of the fand the portioned by the Super. Amtendent for the coming year, is..........$1,101, cl This sum is mace up of the following ttems:— Availe of State tax... xi $300,000 00 a ‘tion for Commen rchool Wi Beates Depoolt Fund....... 000 00 Balance in the bands of State Supe: 1,240 84 $1,101,240 84 ‘Whe mumber of schools im 1851 was......... 11,684 ‘whole number of children 1851. 1862. tapght im district sebools. 862,507 866,935 No. attemdi’g private schools 31,767 96,944 No. of ren atiendirg colored Rabvevieee 446 1,680 Average @umber of months tratechools were taught in the distriets by duly i vegeniahe 11-10 79-10 Wunder ot volumes in dis- veerseee —-1,870,281 1,604,210 $1,681,616 00 $1,931,870 18 c Ss .. $90,679 50 $49,409 39 “otal amount ¢xpended for seh Ole........ $2,240 814 02 $2,469,248 62 ‘The rubdject of common school edvcation at this time Bres & share of attention. Many public spirited citicers bave interested themselves in devising and pro- gmoting measures to extend the advantages of edacat to improve ita systems, to elevate its charagter, ai “to adapt it to the wants of those Le pene ia the different prrevite of life. We have reason to that their labors Sunt tuvestigation# will lead to the and practical tuccess of measures which will be pro active of decided Pv A nun ber of have receatly bron ested fm @ifferent sections of our State, and the pu. crows attendanes of shows that the benefits — of instraction—to do away wil pre: t our colleges and academies are institutions of learning distinet from, if not in samme douree Gabe? nistic to, our common schools. Tis measure yee facilitate the establishment of agrisultural or eal colleges, desigaed for instruction in the sciences. Tu acrordante with the rosome endation of the of establishing Sta! in our higher institations of Jearning, for the puspese educating men fer iow and bigh sehools: that the ad- tages adc wments be conferred upon the meri- torious pupils in the different counties or Assembly dis- trieta. If this system is adopted, it will serve the double elevating our common schools and of pro- and at thessme time sfford aid to our colleges manner free from the objections which ex- ist im the minds of many to giving the public funds to institutions which are supposed to bensfi; oaly a small of the community. The Asylum for the Training and Education of, Idiotic and Imbeoile Children bas, during the Jas: year, con- ‘tinued its successful progress, has invigorated the and confizymed the expectations of those oitisess who had faith in the yower of discioline to develo; faculties of this hapless class. Their gradual advance from the lowest ¢ of imbecility, to a capacity for self-control and for the uiaition of the ordinary branshes of an English educat has been as remarks sle as it has been encouraging. Numerous applications from acerv.qnaree of the State for the admis of State pupils have beeu unsuccess- fal, in consequence of the want of room for their accom. modation The appropriation made at the last session of the Legislature for the erection of a suit building was found to be inadequate for the pr though the trustees aay precast a site, properly abstained fr tering into f engage- ments that would involve expenditures beyond the amount directed by the lature. In their annual re- port they will present a aceount of their proceedings and of tbe condition of asylam ; and the wast rea: sons for such an increase in the a; priation as is neces- sary to complete an edifice, with its appropriate appurte- nances, adapted to the object and commensurate with its importarce. Tcannot forbear commenting to your most favorable consideration this excellent charity. Tnestrict economy, prudence, fidelity and respect to legislative direstion, with which its affairs have been managed, furnish satis- factory assurance that no more will be asked than is really necessary, and that what may be granted will be {aithfully and judiciously applied. ‘There are at this time 446 patients in the Stete Lu- natic Asylum at Utica, and 556 ia the Lunatie Asylam om is nd. It appears by the reports which submitted to me that the efforts to improve the condition of this umfortunate class of persoms have been attended with the usual degree of success. I renew ommendation contained in my inersage of last year, for the establishment of another asylum, in the western part of the State. The scoommodations at the asylum on Blackwell’s Is.and and at Ucioa are insufiicient for the greens mamber of inmates, avd admission has been refused to a large number of persons. ‘There are Lil pupils in the New York A:ylum for the Blind, and fifty five persons aillicted witn the loss of sight employed in teachisg in the different departments, or as operators in the manufactorios at to the ea- tablishment, It not oaly affords instraction to pupils, but, by theemploymout which it gives im ite workshops, supports a large uumber of blind persons, some ef whom have families cepeacant pon them, The directors of the Asylam for the Deaf and Dumb have Cetermined to removeit to a more favorable site, on which they are erecting buiidings which will contain am- ple accommodations, Tnis institution continues to fulfill tbe objects of its benevolent founder. It now contains 280 pupils, 192 of whom are beneficiaries of the Sato cf Néw Yors. In addition to the intellectual instruction which they receive, they are also tanght trades, which will enable them to support themselves. [It is uaneons- sary for we to add any words of commendation of the ssy- lums for the insane, the deaf and dumb, and the blind. Their successful management for long ‘series of years has firmly established them im the public favor and confidence The report of the Commissioners of Emigration shows that the number of alien passengers who arrived at New York uring the year 1852 Wad ....ce00e++++00000900,902 The nomber who arrived from the Ist of January to the lst of December, 1863, was.....-......268,902 Tbe arrivals during the month of Deceraber last will probably swell the number for the year to about 300,000, Of the immigranta who arrived here last yoar 118,611 were ‘rom Germany, 118,141 from Iaeland, ‘The last Legislature added 60 cents to the ceramutation fees foreach passenger. This has enabled the Commis sioners to pay to the various couaties ia the Siate the balances tS er ere Nike to them Chek atl Aes Jast, amounting in the aggregate to $55,000 : also to re- tmibutse to thea the amount of their bills rendered to the lst of November, 1863—making the total payments to the counties last year about $140,000, There has been a fea) ful losa of life by the cholera on board of s number of the emigrant ships which have ar- rived in the port of New York within the last three months. While we are unable to accoart for the causes of thie mysterious pestilence, there isno doubt that its rava ges are increased by the want of proper ventilation and cleanliness. Many of these ships bring over from Earopecm each passage more than 1,0¢0 persons. Every coasideration of humanity demands that some measures shouid be adopt purpore of ed fcr the preservation of the Lives of those wh abject- ed to the saffdrings incident’ to these crowded and peati- lential ships. Not only are those who are seeking our shores swept away in appalling numbers but there is reason to apprehend diseases will pe introduced which will spread pestilence and ceath along the Jines of our canals avd railroads. T earnestly invite your attention to this subject, and to the correstion, far as possible,of the abases and wrongs which are practiced upon the vast multitude of strangers who are thrown upen our shores under circumstances which expose them to the arts of heartless, profligate, and cesigning men. ‘The Western House of Refuge fer Juvenile Delinquents contains at this time 207 inmstes, although it {+ desigasd to accommodare only 4 Daring the past year 102 have been received, and 60 have been indentured as spprea- tices or otherwiee provided for. This instita:ion will need additional pecuniary aid to ene Sle it to provide for the in creased number of commitments, It is also importaot that its managers should be ale to classtiy the inmates and & arate the more youthful and less vicious from had offenders. About 400 youthfn! criminals of both sexes have been admitted into the House of Refage in the city of New York, and about the same number have been indentured. The number received since its establishment now reaches 6,060, the greater part of whom have been rescued by its instrumentality from lives of , degradation and crime. When the sew bu)ldings op Ya sland are completed they will accommocate 1,000 children. The Western House of Refage is under the charge of managers appointed by the Goverzor and Senate; that in the city of New York is under the ent of the Soci- ety for the Reformation of Juvenile uemts. Both of them are controlled by and receive the care of enlightened and philantbropic men, who fully appreciate the impor- tance of reseuing youthful ‘and of making them virtuous and weful citizens. The results of their labors are of great interest and importance. The histories of those who have been jestrained, educated and aided by them, afford eloquent and toushing testimonials to their value. Every consideration of benevolence,as well as s due regard for the safety of society, demand that they should be liberally sustained. The high oharscter of the mavagers, and the motives which have induced them to assume the duties of their positions, give ample assur- ance that any assistance you may give to these estab lishments will be app! with wisdom, economy and fidelity. The ‘number of convicts confined in our State prisons “ Auburn, Totals... cc eseesesseeeeseeesereeeseteeensreees Of these convists 101 are females. Statements, showing the (financial condition of the prisons, are contained in the reports whioh will bejsub: mitted to you daring the session of the Legidaiure. Iam advised that «contract has been mace for the employment of the laborers in the Clinton prison which is advantageous to the State, and will lessen the expense of maintain that establishment. The re- ceipta for the labor of the convicts at the Auburn prison will be giminished in ence of the sickness of many of them with the pox. This disease is now entirely eradicated. It is & matter of surprise thet the discipline of our prisons is so well maintained and their affairs so succsss- fully eosdueted under our present defective system. The Frees geen these institations demands meatal and qualities of the highest order. And these are ina equate without the advantages of long experience in the performance of the complicated and difficult duties of controling depraved men, of maintaining disciptine and order without undue severity, and of elevating them to the condition of usefal and ‘ble members of soci ety. It is impossible that the requisite canbe obtained uncer our t system, which affords an in- sufficient cempensy! to the offleers.and renders t1¢ te- Bure of their places dependent upon political changes. While it is true, that under our form of gov ernment official stations should ordinarily beheld by those who redest the sentiments of the p-ople with re gard to the measures and policy of government, our charitabie institutions, and those ¢ for the pun ishment of crime, should be placed beyond the reash of political influences. Fortunately, our public establishments for the relief of bodily or mental infirmities, and for the reformation of juvenile delinjnenta, have by common consent bees Jeft under the charge and control of capsble and philen- thropie individuals, without respect to their political sentiments Their successful management aad the lib- should be applied to our prisons and maaity, ed ne all dictate that oar which are designed to punish crime, to réform ‘and to protect society from violence aod outrage, sh: ‘be rercned from the destructive influences of party spirit and partisan prejudices. It appears, a reportjeubmitted to the last Assem- diy, by & ve commitese appointed in 1861, that pe Eades mes oc tine Ser ulth, the wordeas nd have been enabled to maintain disciplive a1 the con, to keep them profitably employed for Im the mony of ‘wo convicts ass re- ward for industry conduct, some portion earnings peng ppm bors their families, . wot Se ant cen anh by, onbeg create babite it enatiing Sem to ease thes felon, would cultivate the better of their mature. It would alse give It is but necessary toy contrant- of the jails of our State to sbow that bescvol and economy, dictate a therough reformatica in their ar- rangements and it. The a finement in the Albany Penitentia: y is bu The inmates are of that inferior and will give judic'al tribunals more power possess with regard te the terms of prisons. The distinctions between different grades than te now our of crime can be without compelling our coarts to inflict sentences of great severity upon offences of a com- tively light and ven al character, schnical! Bion of coriats of ‘come within the statutory defimition of certain of- fences. By our present laws our courts cannot sentence & criminal who is convieied of burglary for highway robbery, for a term of imprison- than ten years, yet in many instances these punishments taam they interfere with the certainty of the enforcement of laws, and lead to numerous 4) to the Executive for pardon, Experience shown that to restrain ciime reli- ance must be placed ann the eertainty rather than upon the severity of punishment. The ceirta which try criminals are far more com: it to determine upon the sta punishment to be ipflicved than the Executive can . If the sentences are controlled by the arbitrary pro visions of the statute, the Governor can have no assur- ance that they are in accordance with the judgmeat of the courts which convict the criminals. 1 can see no danger in this modification of our criminal lw, as the ips who hear all the testimony in the case are leas ble to be misled than the Executive, who hears only the petitions and arguments in bebalf of the criminal. The exercise of the pardoning power, even in cases where it is demanded by considerations of justice, is always attended SHE creat iin’ ide the vatacne oho teleost grant- ing of pardons are not made known to the publis, itcrestes the belie! that;the penalties of the law may be evaded through the intercession of iriends or from considerations of sympathy. Altnough the number gramted within the last ten years has not been ag great in proportion to com- victions as before that period, yet the number of applica- tions and the difficulties of discharging this duty have greatly increased. The present cheapness and facility of communication indu ce the friends of to make personal and repeated applications to the Executive under circumstances both painful and embarrassing. The enrolled militia of the State number about 000. The constitution requires that the ‘militia of the State shall at all times hereafter be armed and disciplined, and in readiness for service.” It also makes ample provision for ita organization and the appointment of necessary officers. The long period of peace enjoyed by our country, and our freedom from domestic disturbances, have led us to regard our militia system with too much indiffer- enee, Few are aware of the extent to which it protects our citizens in the enjoyment of their property and the security of their persons. ‘The constitution of the United States declares that, “a well regulated militis being necessary to the sesurity of a free & State, the naahst the ple 2 keep and poe sere shall mot ‘be infringed.” An efficient military ins. tion is of constant service in the preservation of order, Although few instances ocour where they are called upon to quell resistarce to the laws, yet they serve at all times io overawe turbulent or disorderly members of society. In addition to the enrolled militia, many cempanies and regiments have been formed which are well uniformed and thoroughly disciplined. They sum- ber nearly twenty thousand men, and, without fabjesting the State to any expense, they comstitute an important part of its executive power. Composed of intelligent, ac- tive, and respectable men, who have en interest in pre- serving the good order of society, thoy may be relied apon at all times to suppress tumuits and to enforce obedience to the constituted authorities. At the last session of the L»gislature a commission was sppointed to reduce the militia toa system which would render them intelligible and more easily euforced. The report submitted by toe Commissioners was not adopted by the Legislature. I commend it to your favor: able consideration, aa important to produce thorough nad eficient organization of the militia, amd to carry out the requirements of our State constitation. 1 om happy to state that great progress has been mado nthe adjustment, of the difficulties in relation to ma. norial titles, which have agitated some eections of our State for many years, The legal rights of the landlords and tenants have to #great extent been determined by cur judicial tribunals, and the principal obstacles to ne- gotistion between ihe parties interested havo Te tmoved, They have common interesis in settling these difficultiés and in relieving themselves from the pecuni- ary, social and moral evils, which have been inflicted oa them and on the State at large by prolonged comtrover- sies, Since the questions reapectiog titles aave been de. cided, in numerous instances the temants have availed themselves of the abundance of money aud the sigh prices ocmmanded by the productions of the soil, toseoure the full ownership of their lands upen favoratle terms, But few instances of resistance to legal process have re- cently occurred An outrage having been committed in the county of Albany upon a citizen while in the discharge of an official duty, a resolution was scopted by tho lest Assembly, requesting me to communicate to mm “if any reward had been offered for the arrest of the offenders, or whit measures had been taken for their apprehension, and whether in my judgment any farther legialetion was mecessary to prevent the recurrence of such outrages, and for the better enforcement of the law.”” Having advised the Assembly what measures ha! besn taken to arrest the offenders, I stated my reasons for not offerisg apy reward for their appreher sion, and my opin- jon that no legislation waa necessary to secu’e the better enforcement of the law whem resistance is made to pro- cess. In many instances the offer of rewards for the ap prehension of criminals create an impression iu the minds of those required to execute process that they are, in some , Fetieved ‘rom their duty as it aseumes that the means of enforcing the law are insufli- cient. The statutes of the State confer upon the sheriffs of the several counties the most ample powers to discharge the uties impore¢ upen them They ara authorised, when they apprebend resistance will be made to the execation of process, to command every male inhabitant of their counties, or any military companies in such counties, to assist them in ev: such resistance, Ané every person who shall refuse to assist is guilty of a misdemeanor, and is subject to fine asd imprisonment If the power of the county is not sufficient to enforce pro- cess, the Governor can orcer such miliiary forces ‘rom other counties as shal} be necessary. The statute also idea that ‘* Whenever the Governcr shall be satisfied at the execution of civil or criminal process has been forcibly resisted ip any county or counties of this State, by bodies of men, or that combinations to resist the execution of such prcosss by Seen exist in any auch pains Bh counties, and that the power of such county or counties nas been exerted, and is not sufficient to enable the officer havirg such process to execute the same, he may, on ths application of such officer or of the district attorney of such county, or one of the judges of the county courts thereof, by proclamation, to be published in the State paper. and in such other papers as he shall h county or counties to be in a state of insurrection; and may order inio the service of the State such number and desoriptics of volunteer or uniform com panics, or other militia of this State, as heshall deem necessary, to serve for such term as he shall direct, and under the command of such officer or officers as he shall thiok proper.” ‘The powers conferred by the statute upon the Governor and the sieriffs of counties are so ample a pe my judgment, a failure to emforce the law, in cases of resist- ance, justly subjecta them toceasure. Tne grant of ex- (raerdipary powers imposes extraordinary responsibill. tien, and nothing short of the exertion of every power vested in the sheriffs can relieve them from censarej or © justice, must be earnest, ene: and wer! The constitution of New York reqaires ‘that the Gov ernor of the State chail take care the laws are fai .h- dangered by violent or lawlers ings. iff of the county of Albany to ay, that im the case referred to his duty was for med vigorously and seceemfally, ana tab aitgns edater ba arrested. ‘The number of banks and benking associations in the” York is 324. There were 46 new instita- different Staies of the Union, ef our currency indicates condition of financial affairs. which, due season, will terminate ic cisns- Lagialas Tawa it my daty to retura to the last it my dat tare, with Ey chjectivns to its becoming & law, & bill which to propose: admit the stock of ci under certain re- ttrictions, to be received by the Superintendent of the Bankizg Depertment as securities for the redemption of bilia for ctreuletion ‘The conatitation of New York makes it the duty of the ey orcaap edged med 9 wird lerp em stented ve money, contract Gebts and loan their crecit. If ia dill should become a lew, it wonid cause a de nand for lhe cheeks of our cities, acd largely to tasir value in het, chp in confiiet with ibe purposes of It im aileged in favor of be used ana davis for banking, State ond of the United States cannot be obtained time, the great amount of bills in circulation, are pling of speculative rather than legitimate business s. ‘The stvcks of tis State and of the general government ities, having only foal values and markets, will be more affected by the mone- tery condition of the country. If our backing laws are mos ified to admit of the tise of cheaper and inferior seoa- rities, t ey will of course be selec! I deem it exceed- ingly basardour, at this period of speculative excitement and pecuniary ex: to diminish the security of the bill holder, or to the motives for the blish- ment of basking in tiutions, which are already multi- to am unprecedented ‘extent. there will be an omel, coteens ef Bate stocks issued, which can be wed under our present laws these secu: wi treasury ta taeontted by the additional premium on ‘i. stocks which the demand creates. the purpose of borrowing m« the eanala, be merce. It is believed our present Jawa may be modified in certaim cases, without destroying the pretec. tion they are designed to afford against extoition aud ore yprebensions have been expressed by those engaged m the commerce of the ity of New York, that the ea- tcity, but of the entire State an The control of the harbor of York, and the title to ite expanse, belong to this State and New Jersey. lt is the terminus of our great system of internal improve mente—the point from which the productions of our country are sent to foreign or domestic markets. The people of the State are deeply interested in preserving its convenience and security, for the purpose of accommo- Gating the commerce of our Stats aed mation. I recom: mend the appointment of proper commie: to be com- posed of capable, scieatific, and impartial mom, to inves- tigate this subject, and report to you theresults of their WTamy scenal mearage to the last Legislature, I called my apm are, the attention of th: ly'to the embarrassed state of cur capa! finances, and of our public works. At that time there was estimated to be due to contractors, and for land damages, more than $600,000. Fora large share of this amount drafts had been made upon the Auditor, ‘and protested for the want of fumds, This was alike u! just to the public creditors, and disreputable to the Stat For the purpose of paying the debts due to the con- trac to t a suspension of labor on our un- finished ean: and to secure their completion, I urged the Legislature to provide for the payment of the protest- ed érafis and for other pressing demands, and thus relieve the surplus revenues from the liens which these lispili- ties created upen them; I siso advired appropriations for immediate improvements on the Erie , and the adop- tion of measures to secure the completion of our unfin- ished public works, by the establishment of item which would secure the application of at least $1,000,060 annually for that purpose. I suggested that this sum could be secured either by taxation or by loan, or by an amendment to the constitution ‘The condition of our unfinished canals made it very im- ‘tant that immediate appropriations should be made for their benefit. The @unesee Valley and Black River canals were nearly completed, and small expenditures would bring into use long limes of nay a I also expressed a dirastrous divers! unless improvemenas should be made in its ebannel, to facilitate the pasrage of boats amd enable those designed for the enlargement to be introduced, and supply the want of veseels occasioned by thé’decay and destraction of those heretofore in use. On the 6th of April last, as no measure for the relief of our canals or the contractors bad been adopted by the Legislature, and as its session was drawing to a close, I sent a communication to the Senate and Assembly, call- ing their attention to the reports of the Canal Commis- sioners and the State Engineer, and urging that the im- mediate ocmpletion of the improvements which they re - commended was required by the imterests and for the security of the commerce of the Erie and Oswege cauals. T also advised appropriations for the Genesee Va ley and Black River canals, ‘The Legislature having adjourned without enacting laws necesiary for the preservation of the fsith of the State, and essential to the public welfare, or making vision for the contintance or completion of our canals, I exercised the power entrusted to me by the constitution, gud convened them again en the day after their adjourn- ment. I advised the continuance of the session for a few days ‘while important, subjects of bi eghveng were yet familiar to them, which would enable them to perfect measures demanded by the public good, and thus prevent great injury to the horor and interests of the Sta:e, and save the necessity of renewed examination and discussion at a future day.” Among other subjects, I again called their attention to the con¢: of our public works, and the embarrassment of their finances. I urged the importance of making im. mediate sppropriations to secure essentisl improvements in the krie and Oswego canals, as their commerce would be Le aye hpesengeage uniess fry improvements nog geated my annui memes recommended Canal ‘Cominiiotonse and the State Engineer, in ney, re. ports to the ure, should be made at thc earliest practicable period. These improvements would in no de- gree conflict with ther proposed enlargement; on the con- trary, they would hasten that result by increasing our Gomestic commerce, cheapening transportation, and aug- ment our revenues. 1 the great injustice which would be dome to the citizens living [ i aa Hi z A 4 i Q 3 F FH 33 ate Patt g & 4 adopted, faith of yment of any debt created un- command & premium of more than was obtained for the canal sates isa the warpus revenues" 1t sais. provled at te a lus revenues. It is also that the ocn- or provide the same at perform: security for their of our State, and as @ between conflicting views and and ite and the Fiptatt 1 3 soe The | vet i fe 4 EB lt oat i uence, the wr teeanpe abet nado Ios inacequate to do the business for transportation. For the want of mesns to do the business promptly, These locks have not only been lengthe: plated at that time; but they have also been ani unless the chanrel is improved at ones, the enlar, boats will not be able topess each other om most parts of the canal. The loss tothe reve which will be occa- stoned by the detention of boats and the diversion of commerce will exceed in a sipgle year the expense of makirg the required improvements. I also recommended ig A raperet to complete the Bia¢k River and Genesee Valley canals. Only a small amount is required for the purpose, and I feel that it is due to the citizens interested in these works that they should immediately be brought into complete use. The Gppropriations made to remove obstructions from the shasnel of some of the rivers im the no: thera part ofthe State, have increased the commerce of the canals, and have proved beneficial in otherrespects. I commend this @lass of improvements to your favorable consideration. ‘The opinion is entertained by many that the commerce between the Western and the Atlantic States is so vast, and that the capacity of the enlarged canal when com- eee ey ae sapenhet upon mistaken impression is ealcu- ms oa eat mischief. The commence of the Western ta of immense value and extent, and it is difficult to estimate its increase w! the valley ef hea the tion of doul pi and the Kast, have not heretofcre been appre- Neither do I undervalue the enlargement nor the advantage it will afford to commerce: Tne honor aad the interest of the State of New York require its completion and that of the other publie works, But it must not be supposed that in their management the inten of economy can be violated with impunity, Any system of favoritism toward individuals or isealitien, any fe org to secure loans upom the most favorable to ex. pend meney in the most judicious manner, be attend- ed by calamitous results. The canals en my, Bel the State of New York no longer monopolise our internal commerce. Hereafter they must compete, not only with rival routes in other States, amd that through Lake On- tario and the St. Lawrence, but also with the enterprise, energy ard shill of ite owm citizens, The reports of the railroad companies will show an im- mense increase of their receipts for the transportation of fheight. Many entertain the opinion that they will in few years to agreatextent div ecommerce from the canals, I do not concar in these views; but if they should prove to be true,{t 1s would be of great value incon: trolling the rates tweneportstion. While they are in good order, an¢ under judicious management, combina- tions cannot be successfully formed to the detriment of the public interest. 4 Onur publis works require constant watchfulness against upnecersary expense of construction and ment, Every dollar unwisely expended creates an injurious tax upon their commerce. While moderate expenditures, ju- Gisiously applied, will finish our system of internal navi- gation, unless rigid economy is exercised om the long lines Of our unfinished canala, the amount proposed to be raised by the amendment to jthe consti ‘ution will be expended without effecting their completion, leaving them encum- bered with an increased debt, and heavier charges upon them for interest ar d sinkivg fund accounts. The history of our canals prior to 1835, and since that period, show how much san be acsomplished by an eco- nomical and judicious application of moderate sums of money, and how little is effected by profuse ture. Before the year 1836 the State of New York made 656 wiles of interval rors neg connecting the Hudson river with the Erie, Ontario, Cayuga, Seneca, and Crooked lakes, ata costef oniy $11,062,662 96, The Erie caval, connecting the Hudson river with the great lakes, cost $7,143,789 86, Tne successful completion of the public works in 1835, and the extinguishment of the debt created for their construction, wase just cause for congratula- tien. None of the works commenced since that time bi been finished, although more than $26 000 000 have expended upon them. These facts ahow that the ¢fictercy of appropriations depends leas upen their mount, than upon the wisdom, esonomy and fidelity with which they are applied. When, in 1835, the ttate officers advised the enlarge- ment of the Erie canal, they stated that the ‘net pro- coeds of the tolls for 1836, 1836, and 1837, would pro bably be sufficient to pay the balance of the debt and meet the disbursements on the contracts for doublit the locks;” and ‘efter that period the net proceeds tolls would be tuficient to meet the disbursements ne- cessary for improving and Beery ng the canal, without hav. vg recourre to mew loans for that purpose.” If their policy had been adhered to our canals would now be completed. Beyond keepiog them in repair, since the old debt Rag oe |, there has been received for t+lis about $32,000,000, the whole of which might have been a) to our public works if we had berrowed mo money. This amount woul’ Bot only have completed them, but they would have been saved from any suspension, for the tate would have§been beyond the reach of fiaancial re. vuleions while it expended only its ample surplus reven- ues, Their dirbursements, in periods of pecuniary dis tress, would have relieved our citizens by giving employ- ment to lapor, and our State would have beea saved (rom the discredit of borrowing money in competition with ta own citizens, of delaying payments to its contractors, or compelling them to take at par its stocks, when they 4 & Ey 3E le i revenues, will amount to about 32,000,008, it if at Lt A z | | ! ie s s Hi feo i H i H H i : j § [ 3 i [ } 2 & a é i | z 5 | = i | é u F t ae i Fs He ar Had A i i iD H i 4 j ' & : [ F ples of eur national constitution are strictness and purity, that the time it will be overthrows; or cease to be cesirabl be =e the guy cero, re ie a reat po lon, ‘moat have agitated the pene mind have to the constitutionally it. Ra ifferences of i age iit i ut i hii ticm have been ifeste’ in discussions with respect te and sedition laws, protective tariffs, the e: it of banks, extravagant systems of interpal iluprove- m and in agitations designed to induce Congress to interfere with the peculiar of the people of the dif- ferent States. The power and duties of our government will al be subjects of deep interest, and they will continue excite discussions and to create party divisions and or- ganizations. Heretofore the views ef those who eoa- tend for ict construction of the constitution, amd of the rights of the States, have wailed, Under their policy our count has continued to imcrease in power, freatness, popes Its jurisdiction reaches fom the At +4 to the Pacifie, and its itories have become equal in extent to the oor of Europe, While this » sceived them probation of our peop! code rs correctness do not alwayr plication to particular measures, At di personal interests have induced tons estraints of # strict construction of the natic pact. But the evils which have from eviations from eonstitutional principles have soor ustrated their pernicious te: It bvious that the agitation sien ere to slavery imthe States; the measures for Ieegyrorn 2 im terests under the cover of protective teriffs; for prefuse expenditures for internal improvements; for the support by the Cpees tpn teal different schemes to private wealth and interests, Bary 5 onhee See ia mistaken views of constitutional law, @rro- rently oceupying antagonis' y based upon similar tions of Sg Re ee are ultimately led into harronious action, however com flicting their may at first appear. If the gene- ral government has the right to inocrporate banks or to carry on extensive systems of internal impro' will be difficult to resist the argument that it 't is of vital importance that clear constitution and of the rights of the States should exist in theminds of our people, It saould be under- stood that interference with the local affsirs of different States is not to be avoided from motives of expediency, but from the higher and stronger considerations of eom- stitutiona] limitations, restrictions and obiigations. The Gignity and sovereignty of the several States wiil best be sesured where thei rights are clearly appreciated and fully recogzised—where they rely upon the national com- pact, and not upon forbearance from improper mor upon the intrusive guardianship of nothing to do with their lecal institutions. The: should be defended by the barriers of the consti protection eo mot by by iver eo of individesls who are engaged excitements or the Sapserieratuean 6 “ono i l F i F i g i ! | uF i di i aBRRE g i Ht i fi i powers. ‘York has an historical interest : i i i | if s 3 pulation, feriiie soil, and the of future i BM fH i i i and property of our citizens searches and stisures by regulating Prceneiogs and preserving height fal by a and abuse of ments which it Hl é Hea I ital e a Hy it iT; i Fi Z i i | i f i ! E i a F i E 3 i i ' ‘ | if a requir fi BS is 5 i : ? a i - i foie La filthy i, [ i i cg i i it