:co -]^rTc~> -CD CO ■■;-('r''r ' Fl V_J M« ,^ If^-fT TO MIC ■js^ BY Y. NE K? LEY & "AT El QH !05 V.I The copy right of ihis work is secured for the benefit of the People of tlie State of New- York. SAMUEL YOUNG. Secretary of Stale. Albany, 1842. ORDER OF THE WORK. GENERAL INTRODUCTION. PART I. ^ ZOOLOtlY; BY JAMES E. DE KAY. 2 PART II. BOTANY; BY JOHN TORREY. (^ABT m.') MINERALOGY; BY LEWIS C. BECK. • I (»7 » M f PARTS IV. & V.N GEOLOGY AND PALEONTOLOGY; BY WILLIAM W. MATHER, EBENEZER EMMONS, LARDNER VANUXEM AND JAMES HALL. ^•i. *\«1 i INTRODUCTION New- York is situated between 40° 30' and 45° of north latitude, and between 5° 5' of east and 2" 55' of west longitude from the city of Washington. The state includes an area of 46,200 square miles, divided into fifty-nine counties, and subdi\4ded into nine cities, eight hundred and thirty-five towns, and one hundred and forty-five incorporated villages ; and contains 2,428,921 inhabitants ; of whom 2,378,890 are free white persons, 50,027 are free colored persons, and four are colored slaves.* The government is a representative republic, with a written con- stitution, which was framed by a convention in 1821, and approved by the people in a popular election in 1822. The few remaining descendants of the aborigines are neither enumerated, nor admitted to citizenship. Persons of African descent, possessing freeholds worth two hundred and fifty dollars, enjoy the right of suf- frage. Aliens are excluded until they become naturalized according to the laws of congress, after five years' residence in the United States. All male citizens who have attained the age of twenty-one years, and resided in the state one year, » U. S. census, 1840. Intr. 1 ""'" 2 INTRODUCTION. vote for all officers elected by the people, and may be chosen or appointed to places of trust or profit ; but the governor must Ije a native citizen of the United States, and a freeholder, aged not less than thirty years, and must have been an inhabitant of this state five years previously to his election, unless absent on public business ; and only freeholders can be elected senators. Elections are conducted by ballot. The constitution guarantees the franchises of citizenship to every member of the state, unless he be deprived of them by the law of the land or the judgment of his peers. Among those franchises are trial by jury, the w^rit of habeas corpus, liberty of speech and of the press, and free enjoyment of religious profession and worship. The government can make no discrimination or pre- ference of religion, nor any provision for an ecclesiastical establishment, and the clergy are excluded from civil functions. A militia composed only of citizens who are enrolled, and required to appear under arms twice in each year, con- stitutes the only force within the state, relied on for public defence or mainte- nance of the ci%al authorities ; but the constitution of the United States guarantees to the state security against invasion and domestic insurrection. There are four departments of the government: the legislative, executive, administrative and judicial. The legislative power is absolute, except as restricted by the federal and state constitutions. A senate and an assembly constitute the legislature. The senate is composed of thirty-t\vo members, who are elected by the people in eight equal senatorial districts, and remain in office four years. One senator is annually elected in each district. The assembly consists of one hundred and twenty-eight members, who are elected by the people in counties, each of which is represented in proportion to its population. The lieutenant-governor, elected by the people, presides and has only a casting vote in the senate. A speaker freely elected by the assembly presides in that body. Bills originate in either house, and become laws when passed by both houses and approved by the gover- nor, or when they receive the votes of two-thirds of the members present not- withstanding the executive veto. Laws to create or alter corporations require the assent of two-thirds of all the members elected in each house. INTRODUCTION. The governor constitutes the executive department, is biennially elected by the people, is commander-in-chief of the militia and admiral of the navy, and is charged with the execution of the laws. He annually communicates to the legis- lature the condition of the state, and recommends such measures as he deems expedient. He is invested with power to pardon in all cases whatsoever, except treason, and may suspend the execution of persons convicted of that crime until the pleasure of the legislature shall be made known. In case of his death, absence or incapacity, the executive functions devolve upon the lieutenant-governor. The administrative department is intrusted with the fiscal interests of the state, and is divided among a secretary of state, comptroller, treasurer, surveyor-general, attor- ney-general, commissary-general, commissioners of the canal fund, commissioners of the land-office, and canal commissioners ; each of whom, by virtue of the consti- tution or laws, is appointed by the legislature without the interposition of the execu- tive authority. There is a court for the trial of impeachments and the correction of errors, which is composed of the lieutenant-governor, senators, chancellor, and the justices of the supreme court. Articles of impeachment may be preferred by the assembly against the governor and all administrative and judicial officers, and the votes of two-thirds of the members of the court for the trial of impeachments are necessary to a conviction. The court may remove the party convicted from office. The same court reviews the judgments and decrees of the supreme court and the court of chancery. The supreme court is a court of law, having jurisdic- tion in civil and criminal cases ; and consists of three justices, each of whom holds his office until he attains the age of sixty years. Issues of fact are tried by jury before circuit judges who hold circuit courts, and by the county courts ; and such issues in criminal cases are tried by jury in courts of oyer and terminer and general sessions in the several counties. The supreme court reviews the judgments of all inferior legal tribunals. County courts of common pleas and general sessions are held by local judges, who hold their offices five years, and review the proceedings in justices' courts. There are four justices of the peace in each town ; they arc elected by the people, and hold their offices four years, and have jurisdiction in 4 FNTRODUCTION. civil cases, ami in litigated cases may render judgments not exceeding one hundred dollars. Three justices constitute a court of special sessions for the trial of small offences. Equity is administered by a chancellor and by nine subordinate vice-chancellors, of whom six are also circuit judges. The chancellor and circuit jud^^es respectively hold their offices until the age of sixty years. All judicial officers, except justices of the peace in towns, are nominated by the governor, and appointed by him with the advice and consent of the senate. He also ap- points in like manner major-generals, inspectors of brigades, and officers of the general staff of the militia, except the commissary-general. The constitution may be amended ; and for that purpose a resolution must be passed by a majority of the legislature at one session, and at a succeeding session by the votes of two- thirds of all the members elected, and be approved at the next general election by a majority of the people. The present constitution was established in the place of one which had been adopted in 1777. The Bay of New- York is supposed to have been visited by Verazzani, under the patronage of Francis I. of France, in 1584.* In 1609, Champlain, a mariner in the French service, explored the northern waters,! and Hendrick Hudson, under a commission from the States General of the Netherlands, ascended the river whose name so justly commemorates the enterprise of that navigator.f The settlement of the southern portion of the state, under the name of New- Netherlands, was commenced in the subsequent year. The colony submitted to the English in 1664,§ and was regained by the Netherlands in 1673,|| but was relinquished to England by the treaty of Westminster in the succeeding year, and remained a province of the British empire until the thirteen united British colonies became an independent confederacy of states in 1776. During the Dutch supremacy, the province was a mercantile possession of the Dutch East India Company. Under the English, it was by royal charter a manor belonging to the Duke of York. In 1683, the discontent of the colonists induced the con- •BANCRorr. tla } lo. § Id. ii Id. INTRODUCrrON. 5 sent of the proprietor 1o the institution of a representative assembly* After that period, restricted legislative powers w^ere vested in the governor and council " and the people met in general assembly." Although the States General of the Netherlands were at the zenith of com- mercial power, and learning and the arts were cherished in that country, when the colony was planted, ite inhabitants seem not to have been distinguished by intellectual acquirements ;t and although the conquest occurred at a time when the English people had attained even an higher supremacy in literature ihan in arms, yet that event seems not to have resulted in an improvement of the con- dition of society.f Knowledge dawned upon the colony about the year 1754,§ but was obscured during the civil commotions which a little more than twenty vears afterwards resulted in its political independence. Columbia College was established by royal charter, under the name of King's College, in 1754, under the care of doctor Samuel Johnson of Connecticut, as president. The governors of the college were the archbishop of Canterbury, the first lord commissioner for trade and plantations, the lieutenant-governor of the province, and several other public officers, together with the rector of Trinity Church, the senior minister of the Reformed Protestant Dutch Church, the ministers of the German Lutheran Church, of the French Church and of the Presbyterian Church, the president of the college, and twenty-four of the prin- cipal gentlemen of the city. The college was endowed vdth funds derived from lotteries, and voluntary contributions of private individuals in this country, and in England and France. Dr. Johnson was succeeded as president in 1763, by the reverend Miles Cooper, D.D. of Oxford. He, in 1767, acknowledged that the institution had recently received great emoluments from his majesty king George III., from liberal contributions by many of the nobihty and gentry in the parent country, from the Society for the propagation of the Gospel in foreign parts, and from several public spirited gentlemen in America and elsewhere. He gave also ♦ Bancroft. i Clinton, Introduclorv Discourse. } Id. § Id. g INTRODUCTION. this account of the success of the institution : " That the governors of the college had been enabled to extend its plan of education almost as diffusely as that of any college in Europe ; there being taught therein divinity, national law, physic, lo^nc, ethics, metaphysics, mathematics, natural philosophy, astronomy, geography, history, chronology, rhetoric ; the Hebrew, Greek, Latin and modern languages ; the belles-lettres, and whatever else of literature may tend to accomplish the pupils both as scholars and gentlemen." At the commencement of the revolu- tion, the presidency devolved upon the right reverend Benjamin Moore, bishop of the Protestant Episcopal Church ; and the chair has since been filled by Wil- liam Samuel Johnson, doctor Wharton, William Harris and William A. Duer.* The fair beginning of education in the colony was arrested by the revolutionary war ; and the college was not reorganized until 1787, when, under the immediate superintendence of the newly created regents of the university, the institution assumed the name of Columbia College, and its charter, with some necessary alterations, was confirmed.f Education was recognized as among the proper responsibilities of the govern- ment in 1784, by an act " erecting an university within this state." What appears to have been chiefly intended by this act, was to convert King's, now Columbia College, into a state university. The principal officers of the state were made, ex-officio, regents, and twenty-four other persons were appointed, and it was provided that each religious denomination in the state might appoint one of its clergy to be a regent. The regents were empowered to establish colleges and schools, which should be considered as parts of the university. This law was amended in November of the same year, and was revised in 1787. The provision authorizing the clergy to appoint a regent proved impracticable, and was repealed. The constitution of the university is at present substantially such as it was made by this last revision. Among the many distinguished patrons of learning who have held seats in the • Historical sketch of Columbia College, 1826. t Laws of New- York, 1784. INTRODUCTION. board of regents, may be named George Clinton, John Jay, Morgan Lewis, Daniel D. Tompkins, De Witt Clinton, Joseph C. Yates, Martin Van Buren, Enos T. Throop and William L. Marcy, former governors of the state ; Pierre Van Cort- landt, Stephen Van Rensselaer, Jeremiah Van Rensselaer, John Broome, John Tayler, Erastus Root, James Tallmadge, Nathaniel Pitcher, Edward P. Livingston and John Tracy, ibrmer lieutenant-governors ; Egbert Benson, Philip Schuyler, Ezra L'Hommedieu, Lewis Morris, Matthew Clarkson, Benjamin Moore, Eilar- dus Westerlo, Baron dc Steuben, Gulian Verplanck, Zephaniah Piatt, James Watson, Abraham Van Vechten, Simeon De Witt, James Kent, Henry Rutgers, Ambrose Spencer, Peter Gansevoort, Solomon Southwick, Smith Thompson, John Woodworth, John Lansing junior, Samuel Young, Nathan Williams, William A. Duer, Harmanus Bleecker, Samuel A. Talcott, Peter B. Porter, Robert Troup, Jesse Buel, Benjamin F. Butler, John Sudam, John P. Cushman and Washington Irving. The present regents are the governor ; Luther Bradish, lieutenant- governor ; Samuel Young, the secretaiy of state ; Elisha Jenkins, James Thomp- son, Peter Wendell, John Greig, Gulian C. Verplanck, Gerrit Y. Lansing, John K. Paige, John A. Dix, William Campbell, Erastus Corning, Prosper M. Wetmore, James McKown, John L. Graham, Amasa J. Parker, John McLean, Joseph Rus- sell, John C. Spencer, Gideon Hawley and Da-vid Buel. Union College at Schenectady was established by the regents in 1795, after strikino- out a provision in the plan submitted, which declared that a majority of the trustees of the college should not, at any time, be composed of persons of the same religious sect or denomination.* The charter contained the singular pro- vision that the clear annual value of the real property of the institution should not exceed thirteen thousand three hundred and thirty-three dollars ; and declared that the trustees should not exclude any person on account of his particular tenets or religion, from admission into the college. In 1797, the trustees of the college, as appears from the report of the condition of the institution, gave instruction con- • ProcecdiniTs of the Regents of the University. S INTRODUCTION. cernine the constitution of tlie United States, and the several state constitutions, and proi50sed to substitute tuition in the French language for the Greek. In 1828, the trustees of the college reported that they had prescribed two distinct courses, the one embracing such classical studies as were usually pursued ; and the other called the scientific course, substituting modern in the place of ancient lanoTiaees, and including instruction in mathematics, anatomy, physiology, law, etc. Similar arrangements were about the same time made in the other collegi- ate institutions, but the classical course has nevertheless continued to be the chief form of instruction in these seminaries. The first president of Union College was the reverend John B. Smith, D.D. He was succeeded in 1799 by the reve- rend Jonathan Edwards, D.D., who died in 1801 ; when the reverend Jonathan Maxcy, D.D. was appointed, who retained the place until 1804. In that year the reverend Eliphalet Nott, L.L.D., succeeded to that office, which he yet retains. Among the patrons of this institution were Robert Yates, Abraham Ten Broeck, John Glenn, Stephen Van Rensselaer, Henry Walton, Joseph C. Yates, John Fry, Jonas Piatt, Stephen N. Bayard, Theodore Romeyn, John V. Henry, Philip Van Rensselaer, Guert Van Schoonhoven, James Emott, James Duane, Samuel Blatch- ford, Jonas Coe, William James and Henry Yates. Hamilton College, at Clinton, was founded by the regents of the university in 1812, under the care of the reverend Asahel Backus, D.D. as president. His successors have been the reverend Henry Davis, D.D., 1817 ; the reverend Se- reno E. Dwight, D.D., 1833 ; the reverend Joseph Penny, D.D., 1835 ; and the reverend Simeon A. North, A.M., who assumed that office in 1839. Among the names of the distinguished patrons of the college are those of Simon Newton Dexter and William H. Maynard. Geneva college was incorporated in 1825. Its first president was the reverend Jasper Adams, D.D. He was succeeded by the reverend Richard Sharp Mason in 1830 ; upon whose resignation in 1835 the reverend Benjamin Hale, D.D., was appointed to that office. Among the prominent patrons of the institution have been James Reese, Herman H. Bogart, William L. Dezang, John C. Spen- INTRODUCTION. 9 cer, Abraham Dox, Francis Dwiglil, Bowen Whiting, David Hiulsdii, Thomas D. Bm-rill, James Carter, Elijah Miher, Jesse Clarkc>, John C. Riuld, George Hos- mer, Da\id E. Evans, Joseph Fellows, Jonathan Childs, Abraham M. Schermer- hoi-n, Samuel Clark, the i-iglit reverend B. T. Onderdonk and the right reverend William H. De Tjanccy. The University of the city of New- York was established in 1830, under the care of the reverend J. M. Matthews, D.D. as its chancellor. The success and usefuhiess of the institution were for several years impaired by internal contro- versies which were not terminated until 1839, and by i)ccuniar3' embarrassments. Doctor Matthews having resigned, Theodoi-e Frelinghuysen, L.T^.D. was appoint- ed his successo]-, and yet remains chancellor of the institution. All these institutions have received liberal endowments from the state, and thev educate annually about six hundred and fifty pupils. The colleges give instruc- tion in moral, intellectual and political philosophy ; in the Hebrew, Greek, Latin and modern languages and literature ; in natural and experimental jihilosophy and chemistry ; in mathematics, analytical mechanics and physical astronomy ; in law, civil polity and history, and political econom\-.* Clinton Academy in Suffolk county, and Erasmus Hall Academy in Kings county, incorporated in 1787, were the first academical institutions established by the regents of the university. Farmers' Hall Academy in Orange county, and " Complaints are often made that the standard of university education h.as hoen lowered since its introduction among us; yet it cannot be admitted as in any sense true, that the amount of knowledge communicated is less now than at any former period. On the contrary, the assiduity of both instructors and pupils, as well as the facility of instruction, have been continually increased. The change which has taken place consists in a diminution of classical learning and of mental science and logic, and, perhaps, of moral and poUtical science, and a substitution of more extensive instruction in physical science and practical mathematics. This change has resulted from the operation of our social system. Colle- giate education, instead of being reserved for the few, who, favored by fortune, might desire to jwosecute recondite and classical studies during and after their course, and to enter at leisure upon the duties of active life, or refrain from them altogether, is now attainable by persons in almost every class, and is sought not so much for the sake of knowledge itself, as because it is among the means of preparation to enter the professional pursuits. Perhaps, therefore, our system of col- legiate education produces proportionably a smaller number of finished scholars, while it secures to the country a larger body of usefiU citizens. Nevertheless beneficent as the general flow of knowledge is, those who have the care of its foun- tains deserve well of the country for every effort to preserve them full of pure learning. The labors of the Rev. Dr. Hale, president of Geneva College, and his associates ; of the Reverend Dr. Alonzo Potter of Union College, and generally of the faculty and trustees of Columbia College, in this respect, merit especial commendation. Intr. 2 JO INTRODUCTION. North Salem Academy in Westchester, were established in 1790. Montgomery Academy, then in Ulster but now in Orange county, was incorporated in 1791. Dutchess Academy at Poughkecpsie, and Union Hall in Queens county, received their charters in 1792. In 1820, the number of academies subject to the visitation of the regents had risen to 30 ; in 1830, to 55 ; in 1841, to 127 ; and the number at this time is 131. In 1820, the number of pupils in all the academic institutions was 2,218 ; in 1830, 3,735 ; in 1840, 10,881 ; and the present number is 11,306.* The income of the public literature fund distributed to the several academies in 1820, was two thousand five hundred dollars, being in the proportion of three dollars and ninety three cents to each pupil pursuing classical studies ; in 1830, it was ten thousand dollars, or five dollars to every such pupil ; and the amount now annually distributed is forty thousand dollars, being about three dollars and seventy-eight cents for every such pupil.f No especial pubhc patronage was bestowed upon female education until 1821, when the legislature incorporated the Albany Female Academy, and conferred upon it a donation of one thousand dollars. A law of 1827, increasing the litera- ture fund and extending to scholars in the higher branches of English education the advantages before enjoyed exclusively by those pursuing classical studies, restdted in admitting to a participation in the benefits of that fund, institutions devoted either entirely or in part to the education of females. The number of female pupils who, at tlie time that law was passed, enjoyed the benefits of aca- demic instruction under the sanction of the regents, was one hundred and fifteen ; the number at the present time is fifteen hundred and seventy. Institutions ex- clusively devoted to female education, and subject to the visitation of the regents, have been founded in Albany, Canandaigua, Poughkeepsie, Troy, Schenectady, Utica, Batavia, Rochester, New- York, Auburn, Le Roy, Fulton and Albion. In these institutions, instruction is given in arithmetic, algebra, botany. Biblical anti- • Minutcfl of the RpgenU of the University. t Notes concerning colleges and acadcmiee were received fi-om Gideon Hawley, L.L.D. INTRODUCTION. I I quities, callisthenics, chemistry, composition, conic sections, criticism, drawing, embroidery, ecclesiastical history, the French language, geography, geology, his- tory, logic, music, mechanics, mineralogy, natural history, natural philosophy, moral and intellectual philosojahy, painting, rhetoric and technology. For the impulse which the jiublic mind has received in I'avor of female educa- tion, it is only just to acknowdedge obligations to JVIrs. Emma Willard of Troy, the founder of the first successful institution on a scale commensurate with the importance of the object ; and to James Kent, John N. Campbell and their asso- ciates, the founders and patrons of a similar institution at the capital.* It is also due to the conductors and patrons of the female academies, to acknowledge, that \vith far less pretension and more limited public aid than our colleges, they are successful in maintaining a high standard of pure education ; and that their puj)ils exhibit proficiency and acquirements comparing favorably with the best results of collegiate education. The female academies have very careful puljlic exam.ina- tions and annual celebrations, in ^vhich essays written by pupils are read by per- sons appointed for that purpose, and medals and other testimonials of merit are awarded. The benign influences of these institutions are already observable in the more frequent employment of women as instructors of youth, in the increasing respect which the sex receives, and in the greater refinement of society. The tendency, however, of a jiopular government, is to favor rather the diffusion of general knowledge, and that which is immediately useful, than the advancement of pure science, and the cultivation of liberal and ornamental arts. In a conjmunity where each individual shares the responsibilities of govern- ment, there is an obvious necessity for universal education. This jjrinciple may be discerned in the earliest lesdslation at the close of the revolution. In 1789, two lots were set apart in each township of public lands, to constitute a local fund for the support of religious instruction and pojjular education. The regents of the university, in 1793, submitted to the legislature the importance of "insti- * Notes concerning female education were furnished by A. Crittenton, Principal of the Albany Female Academy. 12 INTRODUCTION. tutinrr schools lor the purpose of instructing children in the lower branches of edu- cation." The recommendation was renewed in 1795, with the sanction of George Clinton, then governor. The legislature in the same year appropriated twenty thousand pounds (850,000) annually for five years, out of the public i-evenue, to encouraoe and maintain, in the several cities and towns, schools, in which the children of die inhabitants residing in the state should " be instructed in the English language, or be taught English grammar, arithmetic, mathematics, and such other branches of knowledge as are most useful and necessary to complete a good English education." The boards of supervisors were required to raise by tax in each town, a sum equal to one-half of its proportion of the moneys appropriated by the state; and commissioners and trustees were directed to be appointed, and recjuired to make annual reports to the secretar}/ of state. The returns made in 1798, showed that 1,352 schools had been established, and 59,060 children had been instructed therein in sixteen of the twenty-three counties into which the state was then divided. Mr. Comstock, a representative from Saratoga in the assembly of 1800, made an unsuccessful motion that the then expiring law of 1795 should be continued. The law therefore was suffered to expire ; and notwithstanding the earnest and repeated rejiresentations of gover- nor Clinton, the legislature omitted to adopt any measure for the reestablishment of common schools until ] 805, when a law was passed, declaring that the nett proceeds of five hundred thousand acres of public lands should be devoted to the creation of a permanent fund for the support of common schools. The act directed that the lands should be sold, and the moneys derived therefrom loaned and suffered to accumulate, until the interest arising thereon should amount to fifty thousand dollars annually ; after which period, the annual interest should be distributed for die support of common schools. The measure received important aid from the recommendation of Morgan Lewis, who then filled the executive chair. The fiuid thus established produced an income in 1810 of twenty-six thousand dollars; and Daniel D. Tompkins, then governor, in two successive annual speeches, urged the importance of an immediate organization of the com- INTRODUCTION. 13 men schools. A law was passed in 1811, authorizing the governor to appoint commissioners to devise a system for that purpose. Jedediah Peck, John Murray junior, Samuel Russell, Roger Skinner and Robert Macomb were appointed such commissioners; and in 1812, they submitted to the legislature a report, which was adopted, and is the basis of" the existing system of common schools. The fund was increased in 1819, by various appropriations, which raised its productive capital to about $1,200,000. The new constitution, adopted in 1821, not only declared the school fund to be in^^olable, and guaranteed its perpetual application, but added to it all the unappropriated public lands. Forty thousand dollars were added to the fund in 1824 ; and in 1827, other appropriations were made to the amount of about $180,000.* In 1838, an annual apjDropriation of $110,000 was added to the income of the fund, and the principal was also con- siderably augmented. The invested and productive capital of that fund is now $2,036,625. The sum annually distributed from the state treasury in support of common schools, is $261,000. Adding to the principal the unsold lands, valued at $200,000 and principal moneys sufficient to yield an interest equal to the amount annually appropriated from the treasury, beyond the income of the invested and productive capital, the entire capital would be $5,820,000. The whole capital permanently invested for the support of education in colleges, acade- mies and common schools, including all endowments, contributions from the trea- sury, and moneys derived from taxation in the school districts, is $10,500,000.t The chief features of the common school sj-stem, are the annual election of commissioners of common schools by the j^eople in the several towns ; the divi- sion of touais by the school commissioners, into school districts ; the election of trustees in such school districts, by the inhabitants thereof; the erection and maintenance of a school house in each district, with funds derived trom the tax levied upon the inhabitants by the trustees, in j^ursuance of a resolution passed at an annual meeting of the inhabitants ; the employment of teachers whose qua- ♦ Report of A. C. Flagg, superintendent of common schools. t Governor's message, 1842. 14 INTRODUCTION. lifications are ai)|)rovcd b} inspectors elected by the people ; a contribution by means of taxation in each school district, of a sum equal to that apportioned to the district out of the piil)lic funds; the supplying of any deficiency in the funds necessary for ihc support of llie schools, by the charging of tuition fees upon such parents and guardians as are of sufficient ability ; the exemption of the poor from all charges for tuition fees ; the maintenance of a school in each district, not less than four months in each year ; the visitation and examination of schools by the inspectors, and by a deputy superintendent of common schools for the county, the latter officer being appointed by the supervisors ; and a supervision and care of the entire school system of the state, by the secretary of state, who is superin- tendent of common schools, and to whom annual reports of the condition, progress and statistics of each school district are made by the trustees thereof; the main- tenance of schools wherever necessary for the education of children of African descent ; the maintenance of normal schools in the most flourishing academical iastitutions, for the instruction of teachers of both sexes ; the publication and dis- tribution to each school of a periodical journal, exclusively devoted to the cause of education and not of a sectarian or party character, and in which are published the laws of the state, the regulations established by the superintendent, and his decisions upon questions affecting the organization, administration and govern- ment of the schools ; and a comprehensive annual report to the legislature by the superintendent, of the condition of the schools throughout the state.* The whole number of school districts in the state is 10,886, in which schools are maintained during an average period of eight months in each year. The number of children instructed is 603,583. The whole amount of money expended for the payment of wages of teachers is $1,043,000 ; of which $560,000 are public money, and the remainder is contributed by individuals.f It IS apparent that the efficiency of the public school system must depend m a great mca-sure upon the ability, zeal, and efficiency of the superintendent of • Law» 0 New-York, 1841. t Annual report of S. S. Randall, deputy superintendent of common schools, 1843, INTRODUCTION. 15 common schools. That office was filled in 1813 by the appointment of Gideon Hawley, who gave place in 1821 to Welcome Esleeck. Mr. Esleeck held the office only a few months ; it then devolved upon John Van Ness Yates, who retired in 1826, when Azariah C. Flagg succeeded to that trust, and retained the same until 1833. Mr. Flagg was succeeded by John A. Dix, who gave place in 1839 to John C. Spencer. Mr. Spencer retired in 1842, and the place is now filled by Samuel Young. To Gideon Hawley is justly ascribed the merit of organizing the system, and bringing it into successful operation ; to John Van Ness Yates, that of an assiduous and enlightened administration ; to John A. Dix, that of codifying and interpreting upon fixed and enlightened principles the vast body of school laws ; and to Azariah C. Flagg and John C. Spencer, high praise is awarded for earnest and well-directed efforts to remove obstacles which jjre- vented the system from becoming such as its founders originally proposed it should be : an uniform plan of universal education, as well as in the cities in the country. The latter gentleman, during his occupancy of the office, induced the legislature to revise the entire system, and increase its efficiency and useful- ness by important amendments and improvements, and especially by those which secure more effectual visitation of the common schools by the appointment of local superintendents. The enlightened efforts of George Clinton, of Lewis and of Tompkins, have been already acknowledged. Nor was less zeal exhibited by De Witt Chnton and William L. Marcy, successors in the executive office. To William A. Duer the system is much indebted, for his successful efforts in inducing the legislature to make the support of schools by the people, with public aid, compulsory. The maintenance of school district libraries may now be regarded as a cardinal feature of the system of primary education ; an improvement which, if not sug- gested, was brought into public favor through the patriotic efforts of James Wadsworth of Geneseo, aided and sustained by WiUiam L. Marcy, under whose administration this important project was carried into successful operation. Bountiful and widely extended as the provision for this system seems to be, the jg INTRODUCTION. people of the state of New- York arc scarcely enjoying its first fruits. When it is remembered that knowledge exerts a self-expanding and self-regenerating power, and that the relations not onl}- among the several American communities, but between all regions of the earth, are becoming more and more intimate, it is perhaps not presumptuous to sui)pose that the ripened fruits of the plan are to be developed in the intellectual, moral and social improvement of the whole human family.* The first notice of a library \vlnch we meet, bears date an hundred and four- teen years ago ; wlicn an association in England, called the " Society for the Pro- pao-ation (jf the Gospel," transmitted to Richard Montgomerie, governor of the province, a thousand volumes, a gift from Dr. Millington, rector of Nevvington.t The society informed the governor, that the books were intended as a library for the use of the clergy and gentlemen of New- York, Connecticut, New-Jersey and Pennsylvania ; and requested that the assembly would provide a depository. The subject was referred to the corporation of the city of New- York, who assigned an apartment in the city hall. In 175-i, the sum of six hundred pounds was sub- scribed by an association in the city of New- York, and expended in the purchase of seven hundred volumes of " new and \vell chosen books." The society was incorporated in that year ; and it was expected that its collection, containing the two libraries ^vhich have Ijeen mentioned, would, by further contributions, " be- come vastly rich and voluminous." The society still exists, and its library, now amounting to forty thousand \'olumes, proves that the expectations of its founders have been fully realized. Notwithstanding, howe^^er, the advantages thus enjoyed by the citizens of the embryo metropolis, the historian, in 1762, gave this unfa- vorable account of the intellectual condition of the colonists : " Their schools are in the lowest orders ; the instructors want instruction ; and thi'ough a long shameful neglect of all the arts and sciences, the common speech is extremely ♦ Notes concorninr; common schools were received from Gideon Hawley, L.L.D., and Samuel S. Randall, Esq. the deputy general superintendent. + American Gazetteer, 17G2. INTRODUCTION. 17 corrupt, and the evidences of a bad taste, both as to thought and language, are visible in their proceedings jiublic and private. There is nothing the ladies .so generally neglect as reading, and indeed all the arts for the improvement of the mind — a neglect in which the men have set the example."* The legislatui'c, in 1796, passed an act by which, after reciting that a dispo- sition for improvement in useful knowledge had manifested itself in various parts of the state, and for procuring and erecting social and public libraries, and that it was of the utmost importance to the public that the sources of information should be multiplied, and institutions for that purpose encouraged and promoted, provi- sion was made for the incorporation of public library associations. Valuable libraries were established under this law in many of the principal towns ; and they were exempted by a subsequent act, and still remain free from taxation. A state library, deposited in the capitol, was commenced in 1818. The law department therein contains 4,273 volumes ; and the scientific, literary and miscel- laneous division contains 4,218 volumes. The collection has been enriched by very munificent donations from the government of Great Britain ; and the selec- tion, which has hitherto been made with great care, is now continually increased by means of annual legislative appropriations of about three thousand dollars. But the most important public measure in relation to libraries, was the act be- fore referred to, by which the sum of $55,000 of public money was annually for five years devoted to the establishment of a school library in each of the eleven thousand school districts in the state. Each district was moreover obliged to raise a sum equal to that apportioned to it from the treasury ; so that the amount devoted to the establishment of these collections, which, as they are distributed so as to bring a Hbrary within the reach of every family, may be called domestic hbraries, is $550,000. The Messrs. Harpers, publishers in New- York, acting in harmony with the intentions of the legislature, have already issued from their press two hundred volumes, constituting a series of popular works, chiefly by * American Gtazetteer, 1762. Intr. 3 18 INTRODUCTION. native authors, on subjects in the various departments of science and Hterature, and especially designed for these libraries. Mr. Wadsworth, already honorably mentioned, continues to favor the enterprise by an annual contribution to the writers of such works as are approved by the superintendent of common schools. By a law of 1841, each academy receives from the treasury a sum of about two hundred and fifty dollars ; which, together with an equal amount contributed by the founders and jjatrons of the institutions, is applied to the purchase of text boolcs, globes, majis and philosophical apparatus. During the Dutch government, no press was established ; and so late as 1686, Governor Dongan was instructed to allow no such establishment in the colony.* The gi-eat English revolution of 1688, and the accession of William and Mary, were hailed with enthusiasm in the colonies, and awakened in New-England and New- York an earnest desire to repossess the rights and franchises which had been wrested by the Stuarts, or tamely yielded to their rapacity. The popular mind did not then suspect that the despotism of absolute monarchy had only given place to the omnipotence of parliament. Although a press had been established for scientific and literary purposes at Cambridge, in Massachusetts, about the middle of the seventeenth century, printing was not commenced in Boston, Phi- ladelplua or New- York, until near the close of that century ; nor was any news- paper printed in the American colonies before the year 1700. Dr. Cadwallader Golden, often mentioned in this memoir, in a letter written in 1743 to Dr. Frank- lin, minutely explained an improvement he had conceived in the art of printing, which was identical with the stereotype process introduced into France nearly sixty years afterwards by Mr. Herhan, under letters patent from Napoleon. Dr. Colden's letter was published in Hosack and Francis' American Medical and Philosophical Register, in 1810. But it is only just to say, that subsequent re- searches have resulted in showing that a bible was printed by Gillett, with ste- * Clinton's Introductory Discourse. INTRODUCTION. 19 reotype plates, in Strasburgh, twenty years at least before the improvement sug- gested itself to Dr. Golden.* The first newspaper which appeared in the colony of New- York was the " New- York Gazette," by William Bradford, in 1725. It was the fifth then in existence in the American colonies ; three having ah"eady been established in Massachusetts, and one in Philadelphia. Bradford was said to have fled from Philadelphia to New- York. He had given offence by publishing a paper written by George Keith. Keith had been condemned by the city meeting of friends for a doctrine which he maintained, and appealed to the general meeting of that society, and pubhshed an address concerning the controversy. The address was denounced as seditious, and Bradford was arrested and imprisoned for printing it. The trial of Bradford is a curious and not an uninstructive illustration of the spirit of the age, and of the imperfect notions of the liberty of the press which pre- vailed at that day. Keith was adjudged guilty, both in the ecclesiastical and civil courts without a hearing ; and one of the judges having declared that the court could judge of the matter of fact without testimony, directed the common crier to " proclaim, in the market place, the accused to be a seditious person, and an enemy to the king and queen's government." Bradford and Macomb, an associate, were charged with circulating the offensive pamphlet, and demanded a speedy trial as a right secured by magna charta. Being members of the society of friends, they appeared in court covered. Justice Cooke inquired, " What bold, impudent and confident men are these to stand thus confidently before the court ?" Bradford replied, " We are here only to desire that which is the right of every free born English subject, which is speedy justice ; and it is strange that that should be accounted impudence." Justice Cooke answered, " If thou hadst been in England, thou would have had thy back lashed before now." The pri- soners continued to press for a trial. Justice Cooke replied, " A trial thou shall have, and that to your cost, it may be." When the trial came on, Bradford asked HlXTON. 20 INTRODUCTION. that he mitrht have a copy of the presentment, and be informed under what law he was prosecuted ; but these requests were denied. During the trial, " the grand jury sat by the prisoners overawing and threatening them, when they spoke boldly in their own defence, and one of the grand jurors wrote down such words as they disliked, signifying that they would present them. Justice Cooke bade the grand jurors take notice of such and such words." When the prisoner's counsel began to say something in regard to the matter, the court directed an officer to take him away. The attorney for the prosecution concluded by saying, " It was evident William Bradford printed the seditious paper, he being the printer in this place, and the frame on which it was printed was found in his house." Bradford then said, " I desire the jury and all present to take notice, that there ought to be two evidences to prove the matter of fact, but not one evidence had been brought in this case." Justice Jennings answered, "the frame on which it was printed is evidence enough." Bradford replied, " But where is the frame 1 There has no frame been produced here ; and if there had, it is no evidence unless you saw me print on it." To which justice Jennings answered, " The jury shall have the frame with them ; it cannot well be brought here ; and besides the season is cold, and we are not to sit here to endanger our health." The jury, however, after remaining out sixty hours, resisted all the efforts of the court, disagreed, and were discharged. Soon after this trial, Bradford having in some manner obtained a release, appeared in New- York. The sedition of the publication consisted in the inquiry, whether the Friends, in sending out armed commissions against piracy, did not transcend the requirements of their religious profession. Thus the foundation of the press in New- York may be said to have been laid in the maintenance or assertion of its primary rights and liberties. On arriving at New-York, Bradford became printer to the government, which station he held for many years ; and such is the infirmity of our nature, that at a later period, when the only rival press in the colony had assumed an attitude opposed to the local government, and was sought to be crushed by prosecution and imprisonment, he was found on the side of power and privilege, and against the enfranchisements INTRODUCTION. 21 of speech for which ho had contended forty years before. Bradford cstabhshed the first paper mill in New-Jersey, and the first perhaps In America. He was about seventy years old when he began the publication of the Gazette, and continued in the active duties of the paper for sixteen or seventeen years. The Gazette was con- tinued after 1742, with the additional title of tlio " Weekly Post Boy" until 1773. John Peter Zenger established in 1733 the "New-Yoi-k Weekly Journal," the second newspaper in the colony. It opposed the administration of governor Cosby, and supported the interest of Rip Van Dam, who had previously con- ducted the administration. Zenger maintained an effective battery. " The ballads, serious charges, and, above all, the home truths in his democratic Joumal, irritated Cosby and his council to madness." Zenger was confined several months by order of the governor and council, for printing and publishing seditious libels; treated with unwarrantable severity ; deprived of pen, ink and paper, and denied the visits of his friends. The popular feeling, however, was strongly against these proceedings. The assembly, notwithstanding the application of the gover- nor, refused to concur with him and his council. The mayor and the magistrates also refused to obey the mandate of the governor and council, and to attend the burning of the libellous papers " by the common hangman and whipper, near the pillory." The gi-and jury manifested equal contumacy, and ignored the present- ment ao-ainst Zenger. The attorney-general was then directed to file an infor- mation. The judges refused to hear and allow the exceptions taken by Zenger 's counsel, and excluded them from the bar ; but he was ably defended by other counsel, and especially by Andrew Hamilton, then a barrister of Philadelphia. Zenker pleaded not guilty. His counsel admitted the printing and publishing of the papers, and offered to give their truth in evidence. The counsel for the prosecution then said, " The jury must find a verdict for the king," and gave the usual definition of a libel ; asserting that, " whether the person defamed was a private man or magistrate, whether living or dead, whether the libel was true or false, or whether the party against whom it was made was of good or evil fame, it was nevertheless a libel." He then quoted from the Acts of the Apostles, and 22 INTRODUCTION. from one of the epistles of Peter, to show that it was a very great offence to speak evil of dignities ; " and insisted upon the criminality by the " laws of God and man, of reviling those in authority, and consequently that Mr. Zenger had offended in a most notorious and gross manner, in scandalizing his excellency our governor, who, said the counsel, is the king's immediate representative and su- preme magistrate of this province." Mr. Hamilton remarked in his reply, that we are charged with printing and publishing a certain false, malicious, seditious and scandalous libel. The word false must have some meaning, or else how came it there ; and he put the case, whether if the information had been for printing a certain true libel, would that be the same thing ? " And to show the court that I am in good earnest," said he, " I will agree, that if he can prove the facts charged upon us to he false, I will own them to be scandalous, seditious and a libel." He then further offered, that to save the prosecution the trouble of prov- ing the papers to be false, the defendant would prove them to be true. To this, chief justice De Lancey objected, " You cannot be admitted to give the truth of a libel in evidence ; the law is clear that you cannot justify a libel." Mr. Hamilton maintained, that leaving the court to determine whether the words were libellous or not, rendered juries useless or worse. " It was true," he said, " in times past, it was a crime to speak truth, and in that terrible court of star-chamber many worthy and brave men suffered for so doing ; and yet even in that court, and in those bad times, a great and good man durst say, what I hope will not be taken amiss in me to say in this place, to wit, ' The practice of information for libels is a sword in the hands of a wicked king and an arrant coward, to cut down and destroy the innocent. The one cannot, because of his high station, and the other dare not, because of his want of courage, defend himself in another manner.' " * The jury, after a short consultation, returned a verdict of not guilty, to the great mortification of the court and of Zenger's persecutors, Init with great satisfaction * Nearly 70 years afterwards, another Hamilton maintained this great and now vmdcniable principle with eloquence and power, which may be said to have conquered at last this great concession to the lilicrty of the press. INTRODUCTION. 23 to the people. The common council of the city conferred upon Mr. Hamilton the public thanks and the freedom of the corporation, for that signal service which he cheerfully undertook under great indisposition of body, and generously per- formed, refusing either fee or reward.* Such was the struggle which the press had to maintain only one hundred years ago, and only forty years before the revolution gave to its freedom the sanction of government and the impress of authority. Gouverneur Morris, in speaking of these occurrences to Dr. Francis, remarked, " that the trial of Zenger was the germ of American freedom, the morning star of that liberty which subsequently revolutionized America." Zenger died in 1746. His newspaper was conducted by his widow, and afterwards by his son, until 1752, when it was discontinued. The " New- York Gazette and Weekly Post Boy " was revived by James Parker in 1742, and was continued by successive proprietors until 1773. It was ably conducted, and had an extensive circulation ; and though free, never transcended the bounds of decorum as they were defined at that day. The paper combated the stamp act, and with several contemporaries throughout the colonies, appeared in mourning on the 21st of October, 1765, on account of the passage of that law. The "New- York Evening Post" appeared in 1746, but was soon discontinued. The New- York Mercury was commenced by Hugh Gaine, and was discontinued at the close of the revolutionary war, after an existence of thirty-one years under the patronage of its founder. William Wyman, in 1759, established the " New- York Gazette," which, after a fitful existence, expired in 1767. The American Chronicle was commenced by S. Farley in 1761, and discontinued the next year ; and the "New- York Packet," begun in 1763, had only a brief existence. In 1766, John Holt issued " The New- York Journal and General Advertiser ;" and in 1768, " The New- York Chronicle " was commenced by Alexander and James Robinson, and continued until 1772, when the printers removed to Albany, and established there " The Albany Post Boy," which continued until 1776. James ♦ DuNXAP's History of New- York. 24 INTRODUCTION. Kivmaton, in 1773, commeneed his newspaper career with a large and handsome sheet bearino- the comprehensive title of " Rivington's New- York Gazeteer, or the Connecticut, New-Jersey, Hudson's River and Quebec Weekly Advertiser ;" and in January, 1776, the pubHcation of the New- York Packet and American Adver- tiser was begun by Samuel Loudon. At the advent of the revolution, therefore, there were only four newspapers in existence in the colony, to wit, Gaine's Mercury, Holt's Journal and Advertiser, Rivington's Gazeteer, and Loudon's Packet ; and as these reflect the spirit of that epoch, and are characteristic of the phases of the mighty struggle, a few facts in relation to them may not be thought devoid of interest. Gaine, who was a native of Ireland, continued to print and sell books in Hanover square until his death in 1807, a period of nearly sixty years. Exact, punctual and industrious, he ac- quired a large estate, and transmitted a reputation for personal honesty, thrift and tact, not often disturbed by excessive aspirations of patriotism. Apjoroaching the revolution, he was ostensibly neutral ; but with a desire to keep the strongest side, he alternately printed for the people and for the loyal authorities, as each seemed to preponderate. Although he removed with his press to New-Jersey on the ap- proach of the British army, he returned when they had gained possession of the city ; and emboldened by their successes, pursued the natural impulses of his mind, and gave to the royal cause the best efforts of his pen and press. His re(j^uest to be allowedj to remain in the city after its eTacuation by the British army was granted ; but his traits of character were happily hit off in a poem which appeared on the 1st of January, 1783, professing to be the humble petition of Gaine to remain in the city, in which his early profession and attachment to the cause of the country, his subsequent adhesion to the royal cause, and his final appeal were humorously and satirically described. It concluded, " As matters have gone, it was plainly a blunder, But t/ien I cxj)ecte e n a o .^.^ ZOOLOGY OF NEW-YORK, OR THE NEW-YORK FAUNA; COMPRISING DETAILED DESCRIPTIONS OF ALL THK AKIMALS HITHERTO OBSERVED WITHIN THE STATE OF NEW-YORK, WITH BRIEF NOTICES OF THOSE OCCASIONALLY FOUND NEAR ITS BORDERS, AND ACCOMPANIED BY APPROPRIATE ILLUSTRATIONS., BY JAMES E. DE MY. PART I. MAMMALIA. ALBANY: PRINTED BY W. & A. WHITE & J. VISSCHER. 1842. To William H. Seward, Governor of the State of New- York SIR, I submit a Report on the Zoology of the State ; And have the honor to be, With great respect. Your obedient servant, JAMES E. DE KAY. The Locusts, GIueens Co., L. I. January 1, 1842. PREFACE. The examination of the Cluadrupeds, (or as they are wath more exactness, although perhaps with less elegance named, the Mammalia or Mammiferous animals) of the United States, has, until recently, attracted comparatively little at- tention among our own citizens. A few isolated species had been casually noticed, a few detached facts recorded ; and here and there, over this widely extended country, a few zealous observers, aware of the general apathy at home, had transmitted their observations to distinguished foreign naturalists. Such instances were, however, of comparatively rare occurrence. The chief historians of our animals have been foreigners, either accidentally led to our shores by motives entirely unconnected with scientific pursuits, or naturalists sent out under the patronage of their respective governments, to collect and describe our animals. In the first class may be mentioned De Liancourt, De Chastellux and others ; in the second, Bosc, Kalm, Michaux and Pal. de Beauvois. To these, and to other European naturalists who have described through the imperfect and often dis- torted medium of preserved specimens, we are indebted for the greater part of the knowledge which we possess respecting many of our own animals. Of late years, the attention of our countrymen has been more directed to the study of Zoology. The establishment of the Academy of Natural Sciences at Philadelphia, forms an epoch in this department of knowledge. This was soon succeeded by the formation of the Lyceum of Natural History of New- York, and by others in Boston, Baltimore, New-Haven and Salem. The American Journal of Science, which, under the efficient guidance of Professor Silliman, has now reached its forty-third volume, is a rich mine to the American naturalist, and has contributed to promote and extend a taste for such inquiries. Pref. 1 VI PREFACE. At the commencement of the Survey, the services of an eminent naturalist, Mr. Abraham Halsey, of New- York, were engaged for the department of zoo- losjy ; but before he had entered upon its duties, other engagements and occupa- tions demanded his attention, and he resigned his office. We may be permitted to express our regret that circumstances should have prevented him from under- taking a task, which could not have been committed to an abler hand. In the execution of this part of the work, I have to acknowledge my obliga- tions to Maj. Le Conte, for the valuable hints he has suggested, and the oppor- tunities which he has afforded of examining his drawings, manuscripts and spe- cimens. To Dr. Emmons, of the geological department of the Survey, I am obliged for his numerous specimens and communications. His many sterling qualities can scarcely be appreciated, except by those who, like myself, have been the companion of his journies through the uninhabited and as yet unknown forests of the northern district. To Prof Hall, also of the Survey, I am indebted for several specimens, and for valuable communications on the zoology of the State. Mr. J. G. Bell and Mr. W. Cooper of New- York, Dr. Harlan of Phila- delphia, and the Rev. Mr. Linsley of Elmwood Place, Connecticut, have also in various ways facilitated my inquiries. I must also record my obligations to the Lyceum of Natural History of New-York, for the opportunities which their valuable collection has afforded me of comparison and description. Having thus briefly adverted to the sources of information, in connection more especially with the Mammalia of the State, it may be deemed proper to give a concise sketch of the region whose animals we have undertaken to describe. New- York, one of the twenty-six States of the North American Confederacy, lies wholly within the temperate zone. Its figure may be compared to that of an irregular triangle, with its apex touching the Atlantic, and one of its sides bounded by two of the great inland seas, and by their outlet to the Gulf of St. Lawrence. Its connection with the Atlantic is extended easterly one hundred and forty miles, by a low sandy spur called Long Island. Including this easterly prolongation, the State of New- York may be said to extend through eight de- grees of longitude, and to be included between 40° 30' and 45° of north latitude. It contains more than 46,000 square miles, a surface larger in extent than that contained in Poland or Scotland, or Naples and Sicily ; three times larger than the Swiss Confederacy, and nearly equal in extent to that of England. Although situated within the same parallels of latitude which include the greater part of PREFACE. Vll Italy, the south of France, and the northern parts of Spain ; yet from the well established fact of the more southerly position of the isothermal lines on the western shores of the Atlantic, its mean annual temperature cannot be compared with that of the above mentioned countries, but rather with those lying from fifteen to twenty degrees farther north. The result of ten years' observations at New- York, gives one hundred and sixty-five days, or about five months, as the mean duration of winter ; but in the interior or northern district, many of the counties have scai'cely a month without frost. This, it will readily be perceived, must exercise a great influence upon the number and distribution of its animals; for while it has the summer heats of Spain and Italy, the rigor of its winters equals those of the northern portions of Europe. From this diversity of climate, it results that we have in the State similar classes of animals with those found in the northern parts of Europe, and at the same time other families existing chiefly in its southern portions. The families Cervidce and Mustelidce may serve as examples of the one, while the Vespertilionidce and Muridce will illustrate the other. Varieties of surface are also well known to be favorable to the multiplication of animal species, and in this respect, the State of New- York offers a great diver- sity ; for although few of its mountains exceed the height of five thousand feet, yet from the peculiarity of climate alluded to above, their summits have a tem- perature much lower than mountains of even higher altitude in corresponding parallels in Europe. The surface of New- York is considerably elevated, much of it lying on the great Allegany table land. The diversity of surface is, how- ever, so great, that for the purposes of more intelligible description, we may consider it as divided into four jjriucijjal zoological districts, each sufficiently dis- tinct in itself, but of course so much blended at the lines of separation as not to be contradistinguished. 1. Tli£ Western District, includes that portion of the State which is bounded on the west and north by Lakes Erie and Ontario, and on the south by the boundary line separating it from the State of Pennsylvania ; and it extends east- wardly until it is lost in the valley of the Mohawk on the north, and the moun- tainous parts of the Hudson district. A large portion of this district is an elevated region, furrowed by valleys running in a north and south direction, supposed once to have been the outlets of a great inland ocean, but now the beds of rivers which, pursuing opposite courses, discharge themselves on the one hand through \T,l\ PREFACE. Lake Ontario into tlie Gulf of St. Lawrence, and on the other into the Delaware and Chesajjeake bays, and into the Gulf of Mexico. The central portion of this district is a level table land, rising in its southern parts into elevations of from a thousand to twelve hundred feet above tide, and abruptly subsiding on its western borders to the level of the great lakes. In the western part, we have the Cat- taraugus and Tonawanda streams pouring into Lake Erie and Niagara river ; the sources of the Allegany river ; one of the branches of the Ohio, itself a tribu- tary to the Mississippi ; and another branch of the Allegany takes its rise from Chautauque lake, a sheet of water sixteen miles in length, 1291 feet above tide, and 726 above Lake Erie. Eastward of these is the Genesee river, which, taking its rise in Pennsylvania, crosses the whole district in a north direction, and empties into Lake Ontario. As we proceed eastwardly, we cross successively, in the southern portions of this district, the Canisteo, Conhocton, Chenango, and great western branch or principal source of the Susquehannah, which takes its rise in the Otsego lake, a sheet of water nine miles long, with a breadth varying from three quarters of a mile to three miles. The central portions of this district are occupied by a series of ten to twelve lakes, stretching generally to north and south, vai-ying from fifteen to thirty-eight miles in length ; all discharging them- selves by one common outlet, the Oswego river, into Lake Ontario. On its ex- tremely eastern border rises the Mohawk, a tributary of the Hudson, which con- nects it zoologically with the Hudson river district. The great inland seas of Erie and Ontario, the one two hundred and seventy miles in length, vdth a breadth from twenty to fifty miles ; and the other one hundred and ninety miles, with an average breadth of forty miles, exercise a great influence on its climate and consequent zoological character. The surface of Lake Erie, which is three hundred and thirty-four feet above Lake Ontario, discharges its waters through the rapids and falls of Niagara river, into that lake, within a distance of thirty-six miles. This entire district is exceedingly fertile, and is covered by a vigorous growth of forest trees in the uncultivated portions. Without entering into details which would find a more appropriate place in a topographical survey, it will be perceived, that while on the one hand the vicinity of such large masses of water must ameliorate its climate, its fertile soil irrigated by so many streams will fur- nish the means of subsistence to numerous species of animals. It is zoologically connected by its valleys and water courses with the great basin of the St. Law- rence, and we accordingly find in this district animals common to both, although PREFACE. IX not to so great an extent as in the region next to be described. Among the ManimaUa, we find the Northern Lynx, the Deer Mouse and Porcupine ; while all the lakes in the interior of this district, which empty into the Lake Ontario, formerly abounded with Salmon, which found their way from the sea through the Gulf and River St. Lawrence. In its southern portions it is similarly con- nected with the basin of the Mississippi, and the intermediate regions are watered by the streams which empty into the Delaware and Chesapeake. 2. The Northern District comprises, as its name imports, the northern portion of the State, which forms an irregular truncated triangle, bounded on its western side by Lake Ontario and the lliver St. Lawrence, on its eastern side by Lake Champlain and Lake George, and lying north of the Mohawk valley. This district, in its southern and southeastern portions, rises into numerous conical peaks and short ranges, attaining in some places an elevation of more than five thousand feet. Towards Lakes Champlain and George, these subside suddenly to the level of those sheets of water. To the north and northwest, this descends by a gradual and almost imperceptible slope towards the River St. Lawrence. This slope is watered by the Oswegatchie, the Moose and Black rivers, the Ra- quet and Grass and St. Regis rivers, all arising from numerous lakes embosomed in the mountainous regions of its southern parts. Lake Champlain, a part of its eastern boundary, extends north and south one hundred and forty miles, is twelve miles wide in its broadest part, and discharges its water through the Sorel river into the St. Lawrence. Into the southern part of this lake is also poured the wa- ters of Lake George or Horicon, thirty-seven miles long, and varying from one to seven miles in breadth. The cluster of mountains in its southeastern portions may be considered as an offset from the great Appalachian system, which, de- scending through the States of Maine, New-Hampshire and Vermont, passes southwesterly between the Western and Hudson river districts, and is continued under the name of the Allegany range of mountains. In this region too we find the Sacondaga, Cedar, Jessup, and other tributaries of the Hudson, within a short distance of those which pour into the St. Lawrence. This mountainous region comprises the counties of Essex, Hamilton, Herkimer and Warren, and the southern part of the counties of Chnton, Franklin and St. Lawrence, and has been estimated to contain an area of about six thousand square miles. Its zoolo- gical character is strongly impressed by the features just alluded to. The chief growth of trees in this district are the Spruce, Pine, Larch, Balsam, Fir and PREFACE. Cedar. We find in this district many of the fur-beariag animals, such as the Sable, the Fisher, and the Beaver. Here too roam the Moose, the Wolverine, and others now only found in high northern latitudes. It also forms the southern limits of the migration of many arctic birds ; and we accordingly meet here with the Canada Jay and Spruce Grouse, the Swan, the Raven and the Arctic Wood- pecker. 3. The Hudson Valley District, includes those counties watered by the River Hudson and its tributaries. Its chief tributary, the Mohawk, after a course of about one hundred and forty miles, enters the Hudson from the west, at the dis- tance of one hundred and sixty miles from its entrance into the ocean. The shape of this district is of coui'se modified by the length and direction of the Mohawk river, and bears some resemblance to the letter 'j^ inverted. Smaller than either of the two preceding, it is nevertheless of much zoological interest. At its upper portion, it is connected with the Northern district, and contains many animals in common with the States bordering on the eastern margin. Along its western border, it becomes elevated into high ranges of mountains, called the Kaaterskills, some of which attain an elevation of nearly four thousand feet, containing deer, wolves, panthers and bears. By the valley of the Mohawk, it is zoologically connected with the Western district; and this connection is be- coming daily more obvious, by the great artificial water channels which refliect so much honor on the zeal and enterprise of her citizens. Thus the Soft-shelled Turtle and Rock Bass of Lake Erie is now found in the Hudson ; in the same way that the Yellow Perch, the Muskallonge, and others peculiar to the great lakes, have, by means of the Ohio canal, found their way into the Mississippi through the Ohio. On the south it is connected with the Atlantic, and accord- ingly we find it teeming with the inhabitants of the ocean. On the other hand, the Hudson river appears to form a natural geographic limit to the extension of some species, at least in any considerable numbers. Thus, the Opossum of the South rarely, if ever, outsteps this boundary ; among reptiles, the Chain Snake and Brown Swift, and the Buzzard and many other species among the birds. From the north also this river appears to be a barrier to their progress south ; but these will be more fully detailed in the course of the following pages. 4. The Atlantic District comprises Long Island, with a medium breadth of ten miles, extending in a northeasterly direction one hundred and fifty miles. Its in- sular position influences its climate, and we accordingly find a great difference PREFACE. XI between its temperature and that of the main land. It is a low sandy region, with extensive plains, and rising along its northern borders into hills of moderate elevation, at but one point only exceeding three hundred feet in height. Although much smaller than any of the preceding districts, yet it j^ossesses some zoological features of interest. Its insular position, and its early settlement, has occasioned the extirpation of the larger quadrupeds, such as the Otter, Wolf and Bear ; but deer are still numerous. It is more remarkable for the abundance and variety of its birds, than for the number of its mammalia. Here we find the extreme southern limits of the migrations of the arctic species, and the northernmost termination of the wanderino-s of the birds of the torrid zone. Thus we find in winter in this district, the Eider Duck, the Little Wliite Goose, the Great Cor- morant, the Auk, and many others from the Arctic ocean. During the heats of summer, we meet with the Turkey Buzzard and Swallow-tailed Kite, the Fork- tailed Flycatcher from the tropical wilds of Guiana, and numerous others from the south. It seems also to be the boundary between the fishes and other classes of the northern and tropical seas, and occasionally furnishes specimens from either extremity. In conclusion, we have to make a few obsei'vations respecting the illustrations which accompany this work. These were all executed by Mr. J. W. Hill, and with the exceptions which are noted in their proper places, were taken from the animal itself, either alive, or from specimens carefully mounted by persons who had been conversant with their habits during life. In some classes, where the colors were fleeting, several individuals were successively employed, in order to secure vidth more certainty their evanescent hues. The outlines in all cases were taken with the camera lucida, which we conceive to be the best and most ex- peditious mode hitherto devised. It will be observed that the figures are not on a uniform scale, and that a small animal is often represented apparently larger than one of greater bulk. This could not be remedied, except by drawing them all on a scale which would have involved an expense of time and means utterly useless, and inadequate to the purposes of the Survey. This apparent defect is remedied by a notice on the plate, of the scale upon wliich the species is drawn ; and the measurements throughout the work are uniformly gi\'en in feet, inches, tenths and hundredths, which correspond with those employed by the English. It was originally proposed to employ the most eminent engravers upon the illustrations, in order to render the work more worthy of the State under whose auspices it was undertaken, and at the same time to furnish specimens of the xii PREFACE. State of this particular branch of the fine arts at the period of publication. This was, however, soon found to involve an enormous expense, and to be accompanied with a delay utterly incompatible with the early publication of the work. Most of the JNIammalia, and a few of the Birds and Fishes, are thus executed ; but we hope that in the lithographies furnished by Mr. G. Endicott, the naturalist will not regret a departure from the original plan. In one instance I have introduced the figure of a species not known with cer- tainty to exist in the United States, and for which an explanation may appear necessary. I allude to the Manati, or Sea Cow of South America. The exceed- ingly rare opportunit}/ which I had of examining this animal in a living state, of having a faithful drawing made, and of being subsequently enabled to enter into some of the osteological details, was too valuable to be allowed to escape. It was thought that it would be interesting to the American naturalist, to be thus enabled to compare it with the Florida Manati, from which it has been strongly suspected to be specifically distinct. I was, moreover, desirous of giving an accurate illustration of one of the herbivorous cetacea, a group the least known of all the class Mammalia. I may possibly have attached more importance to the various popular names given in different districts, than will perhaps be acknowledged by the technical naturalist. It has been objected to their use, that they are often unmeaning or absurd, and often doubtful in their application. The careful collator of syno- nimes will, however, doubtless have discovered that the same charge may often be applied to names drawn up with technical nicety, and in conformity with the laws of nomenclature. As this work is intended for general readers, I have introduced popular names whenever they could be obtained. The greater part of our knowledge of the habits of animals is derived from persons unskilled in natural history ; and the fact that the same popular name is variously employed in diffe- rent districts, will often enable us to avoid error. A familiar example of this is afforded by the history of the Wolverine. Under this name three different ani- mals, the Northern Lynx, the Wolverine proper and the Bay Lynx have been described, and their habits strangely confounded by writers who were not aware that the same popular name had been applied in different districts to them all. In consulting authorities, we have taken pains to cite all the American writers within our reach. The student is frequently at a loss where to find descriptions of such animals as may come under his notice ; and these are distributed through PREFACE. XIU SO many journals, magazines and other periodicals entirely unconnected with natural history, that we hope their citation will be favorably received. In set- tlinof the weight due to contradictory statements, we have endeavored to avoid the influence which is supposed to be connected with the verba magistri; and in all cases have freely, and we trust not offensively, expressed our opinions when our own observations have been at variance with those of previous writers. JAMES E. DE KAY. The Locusts, GIueens County. January 1, 1842. Pref. TABULAR VIEW OF THE GENERA OF MAMMALIA OBSERVED IN THE STATE OF NEW-YORK. Orders. Marsufiata,. Carnitora, < RODENTIA, Unoulata, Cetacea, Genera. Didelphis. Vcspenilio. Condylura. Scalops. Sorc.K. Otisorcx. Ursiis. Procyon. (lulo. Mephitis. Mustcla. Piilorius. Lutra. Canis. Lupus. Vulpus. Felis. Lyncu.s. Phoca. Stcmmatopus. Sciurus. Pteromys. Arctomys. Meriones. Castor. Fiber. Hystrix. Mus. Arvicola. Lr-pus, Elephas. Mastodon. Sus. Equus. Bos. Ovis. Cerrus. Elaphus. Ran^'ifer. Balffiiia. Physetor. Rorqualus. Olobicephalus. Phocajna. Dclphinus. THE NEW-YORK FAUNA. CLASS I. IMAMMALIA. VIVIPAROUS, OR BRINGING FORTH THEIR YOUNG ALIVE. SUCKLE THEIR YOUNG BY MAMM^ OR TEATS, AND HENCE THE NAME. FURNISHED WITH WARM RED BLOOD. HEART WITH TWO AURICLES AND TWO VENTRICLES ; BREATHING BY LUNGS. BODY USUALLY COVERED WITH HAIR, AND FURNISHED IN MOST CASES WITH FOUR FEET. The characters assigned to this class are sufficiently distinctive ; and yet, with the single exception of suckling their young, none are absolute or invariable. Thus in the Manis and Armadillo of South America, the body is covered with scales ; in the Manatus of Florida, there are but two feet ; and these in the IMiales, Porpoises, &c. are reduced to the shape and functions of fins. In the totality of the characters, however, we obtain a correct idea of the class under consideration. According to the generally received arrangement of the animals of this class, it is divided into seven orders.* The characters of two of these are derived from the number or strux;tural functions of their extremities ; of three, from the form, disposition or entire absence of their teeth; of the sixth, from the nature of the coverings of their feet; and of the scvenih, from the form of their body, and the element in which they live, and the peculiar shape and arrange- ment of their extremities. ♦ From the lime of Aristotle to the present day, Man has invariably been pUced at the lieail of this class. Tliere are not wanting, however, many eminent naturalists, who arc unwilling to see Man standing as a representative of a Genus, or even of of an Order among his kindred brutes ; who ore not disposed to admit that Man, created in the iniagc of God, has any aflinily with the beasts that perish ; or that, because he possesses certain zoological characters which arc entirely secondary and subor- dinate, he should be classed with lirates, when his noblest attribute, reason, destroys every vestige of aflinily, and places liim immeasurably above them all. Fauna. 1 2 NEW-YORK FAUNA. In any natural arrangement, the most appropriate distinction of each order would seem to be that which is derived from the same set of organs. This has, however, been attempted in vain • and wc are accordingly left at liberty to select from the various systems that which may seem best adapted to the great end proposed by all naturalists, the knowledge of species, and their relations to each other. The animals arranged under the Order Quadrumana, comprising Lemurs, Monkeys, &c. are rarely found on this continent beyond the tropical regions, and of course are not known within our territorial limits. Lichtenstein asserts that none have been seen beyond the twenty- ninth degree of north latitude. ORDER II. MARSUPIATA. Carnivorous and herbivorous . Thumb of the hind feet opposable to the toes, the nail small or wantitig. Many of the females with abdominal pouches opening externally, and sup- 2>ortcd by jieculiar bones attached to the pubis. Teeth various, but usually numerous. Tail long, naked or hairy, generally jn-ehensile . Obs. The natural position of the animals belonging to this order, has long exercised the ingenuity of naturalists. Their internal organization is so varied and peculiar, that as Cuvier observes, they may be looked upon as a class containing several orders running parallel with the orders of the ordinary quadrupeds. Some species, by their teeth, naturally belong to the Order Carnivora ; whilst others can only be arranged (in a system derived from the teeth alone) with the Order Rodentia ; and this has in fact been attempted by some naturalists. We have ventured to place this order here, as it seems to form, by the structure of its feet and tail, a natural passage from the Quadrumana. FAMILY DIDELPHID^. Three kinds of teeth, forming nearly a continuotis series. Tail long, naked or hairy, usually prehensile. Female with a loose fold of skin on the abdomen, forming a sac or pouch for the reception of her young. Obs. The animals of this family are found in America, Australia and the Indian Archi- pelago. The sac or pouch is supported by two bones attached to the pubis ; and it is worthy of note, that the male, who has no pouch, nevertheless possesses these marsupial bones. It is stated by geologists, that the earliest mammiferous animals whose remains are found in the ancient strata belong to this order. None have been found, we believe, in North America, FAMILY DIDELPIIID.E. , 3 and they arc of vcn' rare occurrence in any part of the world.* There are about fifty living species, distributed among ten or twelve genera, which have been described by different natu- ralists ; but one only is found in the United States. GENUS DIDELPHIS. Linneiis. Muzzle pointed ; cars large and membranous. Internal toe of the hind foot opposable, with- out a nail. Tail half hairy and scaly. Teats varying in number, and placed within the pouch. Teeth, 48 - 50 ; Incisors, \^ ; Canines, | ; Cheek teeth, — ,^. THE AMERICAN OPOSSUM. DiDELPIIlS VIRGINUNA. I'LATE XV. FIG. 2 Yirginim Opossum. Pennant, Arct. Zool. Vol. 1, p. 73; Hist. Quad. Vol. 2, p. 18, pi. 03. Le Sarigue a orciUes bicohrts. CuviER, R^gne Animal, Vol. 1, p. 172. Ed. prima. Didelphis lirginiana. Harlan, Fauna, p. 119. Godman, Am. Nat. Hist. Vol.2, p. 7 (figure). Virginian Opossum. Griflith's Cuv. Vol. 3, p. 21 (figure). Characteristics. Greyish white. Fur woolly, intermixed with long white hair. Ears black ; base and margin flesh color. Length two feet. Description. Head long and pointed, with the facial outline nearly straight ; long black bristles on the sides of the nose, over each eye and on the sides of the cheeks. Eyes oblique, and placed near the facial outline. Nostrils separated by a groove. Ears thin, membranous. Gape of the mouth wide, and exhibiting most of the teeth. Nails rather short, and curved on all the toes, except on the thumb or inner toe of the posterior extremities. In the figure given by Godman, this is represented as clawed, but his generic character asserts the con- trary. Soles of the hind feet furnished with large fleshy tubercles. Mammse or teats are, according to Desmarest, thirteen in number, and disposed in a circle around a central one ; according to Godman, there are eight on each side, which we suppose to be the normal num- ber. Tail enlarged at the base, where it is hairy for about four inches ; the remaining part scaly, and covered with a few inconspicuous short rigid hairs. Fur of two kintls ; a sliorl woolly hair beneath, intermixed with longer and more rigid hairs, but all arc very soft. Incisors ten above, the two anterior rather cylindrical, longest ; an interspace between the incisors and the canine, which is compressed and pointed ; the first jaw tooth smallest, the four first compressed, the three last transversely broader. In the lower jaw, the eight inci- sors rounded and directed forwards, with no interspace between them and the canine. The check teeth with regular points, and not transversely dilated. Color. Greyish white, darker along the sides ; on the face and abdomen, lighter grey. This color is produced by the intermixture of the short wool, which is white at the base and • Broderip, Zool. Journ. Vol. 3, page 408. "4 NEW-YORK FAUNA. black at the tips, with the long white hairs. On the hack, and on the legs, this color be- comes of a deeper luie, with various shades of intensity, sometimes even approaching to black. Ears black at base, the borders white. Length of head and body, 1 5 • 0 - 20 • 0. Length of tail, 10-0- 12-0, Weight, 10-14 lbs. The Opossum is a nocturnal animal, moving with great agility among the branches of trees, and using his tail as a means of support, in the same way that it is employed by the members of the Family CebidcB, or Monkeys of South America. On the ground his movements are clumsy and slow, and he appears to depend more upon cunning than upon strength or activity for the means of escape. When surprised on the ground, he compresses himself into the smallest possible space, and remains perfectly quiet. If discovered, and even handled in this state, it still counterfeits death, and takes the first opportunity to effect its escape. From this and other traits of cunning, has arisen the local phrase of " playing possum," to designate any adroit cheat. Tiie singular and anomalous organization of this animal, and its consequent peculiarities of reproduction, have long excited much attention among scientific inquirers. The young are found in the external abdominal sac, firmly attached to a teat in the form of a small gelati- nous body, not weighing more tlian a grain. It was for a long time believed that there existed a direct passage from the uterus to the teat, but this has been disproved by dissection. Another opinion is, that the embryo is excluded from the uterus in the usual manner, and placed by the mother to the teat ; and a third, that the embryo is formed where it is first found. Whether this transfer actually takes place, and, if so, the physiological considerar tions connected with it, still remain involved in great obscurity. I do not find with whom the Latin specific name originated. It is usually attributed to Pennant, who, in his History of Quadrupeds, calls it the Virginia Opossum, and refers to Linneus under the name of Didelphis marsupialis. In Gmelin, it stands as Didelphis opos- sum. The Opossum is an inhabitant of the temperate regions of North America. Although it is abundant in New-Jersey, I have never seen it in this State, but have heard that it has been noticed in the southern counties on the west side of the River Hudson, and it will pro- bably be found in the western counties. I am not aware that it has ever been observed east of the Hudson. It inhabits chiefly wooded districts, and, as might be inferred from its struc- ture, passes most of its life on trees. It feeds on birds and their eggs, on wild fruits, espe- cially the persimon (Diospyros virginiana.) It is an excellent article of food, resembling in flavor that of a sucking pig. When pressed by hunger, it occasionally prowls round the barnyard, and commits ravages among the poultry. Its westerly distribution extends to the Pacific, as it has been found in California, and it is asserted to be common in Mexico, and inhabits all the intertropical regions ; but it is possible that it may have been confounded with two other closely allied species found in South America. FAMILY VESPERTILIONIDiE. ' 5 ORDIOR III. CARNIVORA. Furnished with sharp and strong claws. Three kinds of teeth, differing considerably from each other. Living exclusively on animal substances, and the more exclusively so as their teeth arc furnished with acute points. No thiinbs on the fore feet opposable to the other fingers. This order embraces animals exceedingly varied in form, sucli as the Bat and Seal, Shrew- moles, and Bears. It represents the Order Fei-