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I Tramsportfttlon Library J 

i a i i ii i>fl r t*Bppiij ii Hi i ifiM WHiiiWHl 

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Albany — Edward LivingstoD, Henry G. Whealon, Tobiaa T. B. 

■AUtganif — Aivio Burr, 

firoofH^— Neri Blatchly> 

CtottaroBgiw— Albert G. Burk^ 

Cay^a — Cornelias Cuykeodall, Andraw Groom, Noy«t Cal- 
mer, Andrew! Preston. 

Chautauque — Orren McCluer, John Woodward junior^ 

Cheiua^o — Hendrick Crun, Henry Craiy, Woodward Warreih 

CSatoit — Lemuel Stetson. 

G>Awifrui — Horace Stevens, Jacob Sbafer, iHlins WiicoxwHk 

CariloHd — Barak Niles, Aaron Brown. 

Vetawart — ^Wiltiam B. Ogden, Dubois Burhani. 

i>afcAes»— Stoddard Judd, Stephen Thons Thoodon V. W. 
Anthony, David Barnes junior. 

Una — William A. Moseley, Ralph Plumb. 

Elntx — Thomas A. Tomlinson. 

fVoitifia-^Asa Hascall. 

Genesee — Truman Levis, Amos Tyrrel junior, Samuel IUch> 
Orte»» — ^Anthony Van Bergen, David Ingersoll. 
BerUnef^-Henry Tillioghast, Peter P. Muipfay, Charles Gray. 
J^eraott— Charles Strong, Eli Parwell, Calvin ClaA. 

[Assembly No. 1.] 1 

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iS^tg* — Fhilip Brather- 

Lewii — Charles Dayan. 

lavingstrnt — George W. Paltenon, Hollom Hutchinson. 

Maditan — Joseph Clark, Jason W. Powers, William L Hot^jtc 

Afonroe — Derick Sibley, George Brown, Enoch Strong. 

Montgomery — Hanry Adams, ColUnt Odell, Ariibel Loomis. 

Jihe-York — Benjamin Ring^ld, Andrew C. Wheeler, James 3. 
Rooserelt junior, Charles Henry Hall, Charles P.Clinch, Prosper 
M. Wetmore, Job Haskell, Thomas N. Carr, Christopher C. Rice, 
Herman I. Qaackenboss, Thomas. Hert tell. 

JifSagara — Hiram McNeil. 

Oneida — Amos -Woodworth, Merit Brooks, Dan P. Cadweli, 
David Wager, Riley Shcpard. 

Onondaga — George Pettit, Saodford C. Parker, John Wilkinaoo, 
David C. Lytle. 

Onrorto— Mark H. Sibley, William Hildreth, Ariel Hcndee. 

Orange— •Robert Fowler, Robert Denniiton, Merit H. Cash. 

Orleans — Asa Clark junior. 

Otwego — Jesse Crowell. 

Otiego — Joseph Peck, Henry Harrey, Conieliaa Jones, Joseph 

Putnam — Daniel Kent. 

Queens — Thomas B. Jackson. 

Rentselaer — Martin Springer, Chester Criswold, Daniel Sim* 
mona, Jacob W. Lewis. 

Richmond — Lawrence Hillyer. 

Rockland— "Bdwud Sufiem. 

Saratoga — Asabel Philo, William B. Van Benthuisen,. Ely 

8t. Lawrence — Preston King, William 8. Paddock. 
' Sckentctady — David Ostrom. 
' Sckokarie — Jonas Krum, John F. Hilter. 

£kaeca — John D. Coe, Caleb Bamum. 

SUuhen — Joshua Healy, Jeremiah Baker. 

Suffolk — George S. Phillips, C?eorge I» Conkhn. 

Sullivan — James Eldred. 

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No. 1.] 3 

J^a — George Fisher, Green Bennet. 

TbrnpHns — Charles Humphrey, Parvis A. Williana, Caleb 

UUter—Ueary I. Davis, William Woodworth. 

Warren — Trumao B. Hicks. 

Waalmgton — George McKie, Jonathan K. Horton, Allen R. 

Wayju — William D. Wylic, Elisha Benjamin. 

Westcketter — Horatio Lockwood, Edwin Crosby, Prince W. 

Fate*— Meredith Mallory. 

Statb of Nbw-Yokx, ) 
Secretarj^i Ogice. J 

I certify the preceding to be a correct list 
<^ the names of Members of Assembly elected in this State, at the 
general election held in the month of November last, according to 
the official returns received at this office from the county clerks 

GiTen under my hand and seal of office, at the city 

ft. e. J of Albany, the eighteenth day of December, in the year 

of our Lord one thousand eight hundred and thirty-four. 


Secretary of State, 

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No. a 


January 10, 1835. 


Of the Assembly of the State of Nev-York. 

1^ Upon the appearance of a qsorum, the ^leaker having taken 
(he chair, and the ntemben being called to order, the joamal of the 
preceding day shall be read, to the end that any Btistakes therein 
may be corrected by the House. And in all cases of the absence 
of a quorum, the members present may ti^ such measures as shall 
be necessary to procure the attendance of abaent members; and 
tbe Spealter may adjvum from day to day, until a quorum shall 

3. After the reading and approving of the journal, the order of 
business, ivhicb shall not in any case be departed from, except by 
tbe omnim^ consent of tbe House, shall be as follows: 

'T' The preLentation of petitions. 
s. Reports of standing committees. 
t. Reports of select committees. 

4. Messages from the Governor. 

5. Communications from the State officers. 

6. Messages from the Senate. 

t: Third reading of bills and resolutions. 
a. Motions, resolutions and notices. 
». Unfinished business of the preceding day. 
10. Special orders of the day: and if in any ease the nnfinisfaed 
business of the preceding day shall have taken tht placa of 
[Assem. No. 8.] 1 

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Bpecial orders, these orders shall be taken up and acted on 

in ther order of time. 
II. Unfinished business generally. 
13. General orders of the day; but messages from the Governor, 

communications from State officers, and messages from the 

Senate, may be considered at any time. 

3. The Speaker shall cause the Clerk to make a list of all bills, 
resolutions, reports of committees, and other proceedings in the 
Honse, which are commilted to a committee of the whole, and not 
made the special order of the day for any particular day; which 
list shall be called the "General Orders of the Day." 

4. All questions relating to the priority of business, shall be de- 
cided without debate. 

6. The. Speaker shall preserve order and decorum, and shall de- 
cide all qoestioDs of order, subject to an appeal to the House. He 
shall have the right to name any member to perform the duties of 
the chair; but such substitution shall not extend beyond an ad- 
joumaient, unless by leave of the House. 

6. The Speaker, in all cases, has the ri^t of voting; and when 
the House shall be equally divided, including bis vote, the ques- 
tion shall be lost. 

7. While the Speaker is putting a question, no member shall 
walk across or out of the House. 

8. When the Houso adjourns, the members shall keep their seats 
uotil the Speaker shall have left the chair. 

9. Every member, previous to his speaking, shall nse from his 
seat, and address himself to the Speaker. 

10. When two or more members rise at once, the Speaker shall 
name the member who is first to speak. 

11. No member shall speak more than twice to the same gene- 
ral question, nor more than once.upoa a " previous question," with- 
out leave of the House; nor more than once in any case until 
every member choosing to speak, shall have spoken. 

13. While a member is speaking, no member shall entertain any 
private discourse, or pass between him and the chair. 

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No. 9.] 9 

13. A member called to order, shall immediately sit down, un> 
less permitted to explain. If there be no appeal, the decision of 
the chair shall be conchisiTe; but if tfae member appeal to the 
House from the decision of the chair, the House shall decide o« 
the case without debate. 

14. Every member who shall be present when a questioa is sta- 
ted from the chair, shall vote thereon, unless excused by the Houae, 
or unless he be directly interested in the question, in which cases 
he shall not vote. No member shall be permitted to vote upon 
«ny question, unless present when, upon a division, his name is 
called in its regular <adet, 

15. Petitions, memorii^s, and other papers addressed to the 
House, shall be presented by the Speaker, or by a member in his 

16. Every member, previous to presenting a petition or memo- 
rial, shall endorse on the same the substance thereof, and add his 
name: the clerk shall then read the endorsement; after which, the 
Speaker sh^l put the question on the reference of said petiUon or 

17. No motion shall be debated or put, unless it be seconded: 
When a motion is seconded, it shall be stated by the Speaker be 
fore debate; and every such motion shall be reduced to writing, if 
the Speaker or any member desire it 

18. After a motion is stated by the Speaker, it shall be deemed 
to be in the possession of the House, but may be withdrawn at 
any time before a decision or amendment. 

19. If the question in debate contain several distinct propositions, 
any member may have the same divided. 

30. When a blank is to be filled, and different sums or times are 
proposed, the question shall be first put upon the lai^st sum and 
the longest time. 

21. When a question is under debate, no motion shall be receiv- 
ed, unless for the previous question; to postpone it indefinitely; 
to adjourn it to a day certain; to lay it on the table; to commit it; 
to amend it; or to adjourn the House. 

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3S. A motion for " the previoui question," to lay the question 
on the table, or to commit it, until it Is decided, shall preclude alt 
amendment and debate of the main question; and a motion to post- 
pone a question indefinitely, to adjoiu-n it to a day certain, shall, 
until it ia decided, preclude oil amendment of the main questioa. 

3S. " The previous question" shall be as (ollovrB:—" Shall the 
main quatitm be now put?'' 

24. A motion to adjourn the House sbaU be ahrays in order, and 
riiall bo decided irithout debate. 

3(. Every order, resolution and TOte, to which the eoncnrrence 
of the Senate shall be necessary, shall be read to the House, and 
r«d upon the tabfe, on a day preceding that in which the same 
shall be moved, unless the House shall unanimousTy otherwise 

58. In all cases where a bill, order, resolution or motion, shall 
be entered on the journal of this House, the name of the member 
moving the same shall also be entered on the journal. 

37. If any ten members require it, the ayes and noes upon any 
question shall be taken and entered upon the journal. 

28. Alt committees shall be appointed by the Speaker, unless 
otherwise specially directed by the House, in which case they shall 
be appotnte4 by ballot; and if opoD such ballot, the number requi- 
red shall not be elected by a majority of the votes given, the House 
shall proceed to a second balfot, m which a plurality of votes* shall 
prevail; and in case a greater number than is required to compose 
or complete a committee, shall have an equal number of votes, the 
House shall proceed to a further ballot or ballots, as may be ne- 

59. Select committees to whom references are made, shall in alt 
cases report a state of facts, with their opinions thereon. 

80. Every bill originating in this House shall be introduced by 
motion for leave, or by an order of the House on the report of a 
committee. On« day's notice, at least, shall be given of a motion 
for leave to bring in a bill, unless the House unanimously otherwise 
allow. Such notice shall specify the subject matter of such bill; 
and all resolutions of reference and instruction to committees, shall 
state the subject to be referred. 

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No. S.] t> 

81. AU bills brought into this House by any member or commit 
tee, shall be endorsed with the name of the member or committee 
bringing in the same. 

33. No private bill shall be brought into this House, but upon a 
memorial or petition presented to the House, and signed by the 
party or parties praying for such bill, except by the unanimous 
consent of the House. 

83. No bill shall be committed or amended, until it has been 
twice read. , 

84. Erery message from the Senate, communicating any bilf for 
the concurrence of this House, shall, with the accompanying docu- 
ments, if any, be referred to a standing or select committee to 
consider and report thereon. 

85. All amendments by the Senate to bills which have passed 
this House, shall be referred to a select committee to examine and 
report thereon, unless the House shall otherwise expressly order 
or allow. 

86. In forming a committee of the whole house, the Speaker 
shall leave the chair, and a chairman shall be appointed to preside. 

37. The rules of the House shall be observed in the committee 
of the whole house, except the rules respecting a call for the ayes 
and noes, and limiting the times of speaking. 

88. Bills committed to a committee ofthe whole house, shat), in 
committee of the whole thereon, be first read through by the Clerk, 
unless otherwise expressly ordered by the committee^ and then 
read and debated by clauses, leaving the title to be last considered. 
All amendments shall be noted on a separate piece of paper, and 
reported to the Honse by the chairman of the committee of the 
whot^; after the report, the bill shall be still subject to debate and 
amendment before the question to engross is put. 

39. A similar mode of proceeding shall be observed with bills 
which have originated in the Senate, as with bills originating in 
this House. 

40. If, at any time when in committee of the whole house, there 
be not present a quorum to do business, the chairman shall imme- 
diately report that fact to the Speaker. 

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41. On a motioD in committee of the whole house to rise and 
report, the queition shall be dedded without debate. 

43. "Every bill shall receive three several readings previous to 
its being passed; and the second and third readings shall be on 
different days; and the third reading shall be on a day subsequent 
to that on which the bill passed in committee of the whole house, 
unless the House unanimously direct otherwise. 

4S. A standing committee of fire members shall be appointed' 
to be called "the committee on engrossed bills;" whose duty it 
shall be carefully to examine all bills passed by this House, and 
see that the same are correctly engrossed, and report the same to 
the House before they are signed by the Speaker. 

44. Reports from the committee on engrossed bills shall at all 
times be in order, and have preference to any other busioess. 

45. When a bill passes the House, the Speaker shall certify the 
same, with the date thereof, at the foot of the bill. 

46. No motion for reconsideration shall be in order, unless on 
the same day, or day following that on which the deciBton proposed 
to be reconsidered took place; nor unless one of the majority shall 
move such reconsideration. A motion for reconsideration being 
put and lost, shall not be renewed; nor shall any subject be a se- 
cond time reconsidered, without unanimous coasent. 

47. A standing committee of five members shall be appointed on 
bills coming within the ninth section of the seventh article of the 
amended Constitution of tills State; and when any bill shall have 
passed in committee of the whole house, on which the Speaker 
may entertain doubts whether it comes within the provisions of 
the said ninth section, it shall be referred to the said committee to 
examine and report thereon, Defore the question on its final passage 
shall be taken. 

48. On the final passage of all bills Teqoiring two-thirds, the 
ayes and noes shall be taken and entered on the journal; and the 
Speaker shall certify upon every sbch bill, when passed, that two- 
thirds of all the members elected to this House voted in favor of 
the same. 

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No..*.] 7 

■ 40. A motioD to reconsider the vote on the fioal passage of any 
bill requiring the assent of two-thirds of all the members elected 
to this House, shall be made by a member who voted tn favor of 
the decision of the House on the question of the final passage of 
the bill; and two-thirds of the members elected to the House shall 
be required to reconsider the same; and such vote shall not be a 
second time reconsidered. But the vote on the final passage of any 
bill, creating, continuing, altering, or renewing any monied incor- 
poration, shall not be reconsidered whenever such bill shall be lost 

50. No standing rule or order of this House shall be suspended, 
changed or rescinded, without one day's previous notice being given 
of the motion therefor; nor shall the forty-ninth rule be altered, 
changed, rescinded or suspended, unless Iwo-thirds of all the mem- 
bers elected to this House agree to such alteration, change, re- 
scinding or suspension. 

51. A committee of nine members shall be appointed in the se- 
venth week of each session, whose duty it shall be to examine all 
bills committed to a committee of the whole house, and from time 
to time report such bills as in their Unanimous opinion may with 
propriety be referred to select committees to report complete; but 
DO bill shall be recommended to be thus referred, against the pas- 
sage of which there la a remonstrance, or any bill appropriating 
the puUic money or property, or relating to a monied corporation. 
All biJIa thus recommended, shall be referred to select committees, 
QolesB objected to by ten members. 

P. REYNOLDS, Jb. Clerk. 

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No. 7. 


January 8, 1835. 


Of Uie Inspector of Sole Leather for the CcHinty of 


The underagDed, Inspector of sole leather for the cooDly of 
Tompkins, doth hereby 

RBePBCTrDi.LT Rbpoxt: 

That duriog the time between the fint of January, 18S4, and 
the twenty^finh' December, 1884, I have inspected two thousand 
three hundred and leTenty-three sides of sole leather, one thoa- 
■and nine handred aiid forty-five of which I marked goody and four 
hundred and twenty-eight damaged, weighing in a]l thirty-two 
tboQsand nine hundred and nine pounds. The value of the same, 
as near as I can calculate, is five thousand three hundred dollars. 
Fees received by me for the same, is nioety-fonr dollan and ninety- 
two cents. 


Baud ImMmomile, Dtc. 36, 1684. 

[AMem. No. 7.] 

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No. 8. 


January 7, 1835. 


Of tike Superintende&t of Common Schook. 

Sbobbtabt'i Otfiob. ) 

To THB SvUKnt or TBS AstBMBttT. 


1 have tha honor to tmumit lietowilh, the aoaDal r«- 
port required of the Secretsry of Stole ■■ Superiatendeot at Coi»- 
■BOB ISchoob. 

1 em, very reapectfullf. 

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REPORT, &c. 



^tSRany, 7tk Ja»uary, 18S5. 


Bjr (he prOTirions of the lit lection of title 2d, chap. 15th, psrt 
1st of the Revised Statutes, it is' the duty of the Superintendent of 
Commoo Schotrfs to prepare and submit an annual report to the 
I^^islalore, containing, 

1. A statement of the condition c^ the common acboda of the 

a. Efltiaoateaandaoeoantsof theexpendituratoif theacboolmo- 

S. Plant for the improvement and management of the cotmnon 
school Aind, and for the better organization of the common sohools : 

4. AH such matters relatii^ to bis office, and to the common 
schools ai be shall deem expedient to communicate. 

In parsaanee of the foregoing directions, the Secretary of Sute, 
in his capacity aa Snperintmdent of C<»mD0n Schools, has the be- 
nor to anbmit the f<41owing 


1. 3%e andiUm of the QmmiM Sehoolt. 
There are in the State, fifly-five organized counties, eontuning 
e^^t hundred an J thirty-five towns and wards. The commissioa- 
«n of common schools of the seTeraJ towns are required to make 
u annoal report of all the school districts in their respective towns 
to the derk of the coonty, to which they belong; and it is the du- 
ty <rf the comity clerk to send certified copies of all such reporta 
to dw SaperintoBdaat of Coumb Sebools. This duty luu b«ao 

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4 (AatBDBfr 

perfbrmed in eTQiy insUtnce, and the aeixmtery rehirn» have beeo 
reeeived from every towa and ward in Ae Slate, Abttracti of 
the returns will be foond arranged in the order of the ooinitie>, 
from winch they come, in tbe table marked A, bereanto annexed. 
The same matter is exhibited in a eoodeaMd form, in the table 
marked B. 

By the latter, it will appear that there were in Ute Slate on th» 
hat day of December, 1883, nine thontand eight hoadred and six- 
ty-five organized school districts, from nine thouiand three hun- 
dred and ninety-two of which reports hirve been regularly made to 
the commiseioDeTs of coremoB sehooh. In the coaoties of Riclw 
mond, Tompkiai, Weatcheiter and Yates, every school district 
has reported; in Cayuga, Cortland, Schenectady and Schohaxier 
all but one;, in Franklin, Greene and Seneca, all but two; in Co- 
lumbia^ lOogs and Ulstee, all but three; and in Albany, Lewis,. 
Ma<tisoo, Orleans, Rockland and Wayne, all but four. 

. In the districts from which reports have beeo received, schools 
bave been kept an average period of eight months. 

The whole namberofcUMreii ever five and under sixteen yeare 
of age, reiidiugoo the last day of December, 1 888, in the districta 
from which reports have been received, was five hundred and tUr- 
ty-four tboyaand and two; and tbe whole number of children who 
had received instruction in the same districts during the year 1838, 
was five hundred and thirty-one thousand two hundred and forty. 
The exact average period of time during which the whole number 
of children taught have attended school cannot be ascertained. — 
The reports show only bow long the schools have been kept open, 
and bow many ehitdreo during that period have received more or 
less instruction. 

During the year 1833, one hundred and saventy-five new dis- 
tricts have been formed.^ In 1831, there were six hundred and 
fifty-nine districts from which no reports were received by the 
eomnrissioaets of commcHi sdioots ; in 1882, five hundred and 
ei^ty-three; and in 1883, only four hundred and seventy-three. 
Of this number, about Mie-half are in thirteen counties, which aro 
rapidly inereasing in population, and in which one hundred and 
twenty new districts were created in 1888. Thus it woaU ap- 
pear that tbe nombor of districts, which fail to make reports, is ra- 
pidly diminidiing; and in a evnnderable {voportien of them, ii ii 

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Mo. 8.] 6 

fair to infer that the ominioD ii to be attributed to the irregulari* 
ties and delayi, which take place in new district! after their or- 
gaoizatioa, and before there is time to put tbein into conplete ope- 

The nmnber of diildren who have received initruction io the 
diitricts heard from, is eighieeo thousand two hundred and Hventy- 
Mx more than the number who received iostraction daring the pre* 
ceding year; and the increase in the number of children between 
five and sixteen yean of age residing in the same districts, is eleven 
thousand three hundred and eighty-four. 

The following table will exhibit the proportion which the oam- 
ber of children taught in the common schools during the last ten 
years bears to the number enumerated. During the first five years 
only those who were over five and under fifteen years of age were 
enumerated, while during the last five years the enumerated class 
was augmented by embracing all who were over five and under 
sixteen years. 

Eicaa of chikbu betwam fi ud IS jmm 

Report of 1830 . 

. 18,189 
. 16,2(M 
. 17,804 

. 11,776 

Report of 18S1,... 


■• 18M,... 

" 1980,. 


In this table, the cities at Albany and New- York are not inclu- 
ded, as returns of the whole number of children between five and 
sixteen years of age in those cities, have not been made by them 
until within the last few years. 

The variations in the proportion which the whole number of 
children enumerated bears to the number receiving instruction 
from 1B26 Io ISSa, may be ascribed, in some degree, to the efforts 
of the Superintendent to correct an error which prevailed in some 
cases in the manner of making out reports from districts lying part- 
ly in two or more towns. The nature of the error, and the pro- 
cess of adjustment, have been fully explained in the fout last re- 
ports o£ the Superintendent. There is reason to believe that the 
greatest practicable accuracy is now attained in the reports from 
all the school district so tint the greater number of children who 

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• [AaaBiOM.T 

hava rweiT«d inttractKm dering tbe last two yean, to propoFtioo 
to tlw nomber between five and sixteen years of ago can only be 
attribntdd to the iroprovemeat of the coninon icb*ol syatwn, and 
to tbe iaereasing attention pud to the subject of edacatioo. 

It should be borne in miad, io referring to tbe above table, that 
tbe a^regate variatitMi io the proportion of children tau^t to tho 
whole number enumerated may be accounted for, without making 
much allowance for the error ebore referred to, by the extensioD 
of tbe enumerated class from fifteen to sixteen years of age. Tbe 
maximom of the excess of tbe number taught over the number be- 
tween five and fifteen years of age, (which was in ihe year 1826,) 
and the maximum of tbe excess of tbe number between five and 
sixteen years of age over the number taught, (which was in IBSS,) 
amount together to thirty-three thousand seven hundred and se- 
venty: and this amount can not differ materially from the number 
of children added to the enumerated class by extending it so as to 
embrace all between five and sixteen years of age. The effect of 
this change was also explained in last year's report; and there is 
good reason to believe now, as was stated then, that the accuracy 
of the results exhibited in the reports of Uie Superintendent has 
not at any time been materially impaired by the erroneous manner 
in which the reports of some of the joint districts were made out. 

It is to be observed that the foregoing table relates only to the com- 
mon schools; and that, although children between five and sixteen 
years of age attending private schools are included in the enume- 
ration made in the school districts within which they reside, yet 
. they are not returned among the number receiving instruction. 
The number of students in the incorporated academies in 1833 
was five thousand five hundred and six. The number of children 
receiving private instruction can not be ascertained; but there can 
not be the slightest doubt that if the whole number annually in- 
structed in private and district schools and the academies could be 
obtained, it would be found to exceed the whole number between 
five and sixteen years of age. As a proof of the truth of this ob- 
servation it may be remarked that in twenty-six counties the num- 
ber of children taught exceeds the enumerated class. These coun- 
ties are either rapidly increasing in population or very thinly set- 
tled; and it is precisely under such circumstances that the smallest 
number of private schools is found. 

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N4.&] V 

In tbo county of Qeaeaee mora thaa twenty thousand childrea 
have been inatnictcd duriag the yeir; in Oneida Diore than oioe- 
teen thooMnd; in Onondaga oiore thui eighteen thousand; in Jef- 
feraon and Otsego more than aeventeen thousand; in Monroe mora 
than iixteea thousand; and including these counties there are 
twenty, in which more than ten thousand have been instructed. 

In the cxKinty of Oneida there are three hundred and fifty-Bevea 
schmrf distriota; in Geaesee three hundred and thirty-four; in Ot- 
sego three hundred aadsiaeteen; in eleven counties, indoding the 
foregcnitg, mors than two hundred and fifty; and in twenty-three 
ooontiea more than two bondred. 

In each of four towns more than two thousand children have re- 
ceived instruction; in sixteen towns, including the foregoing, more 
than Bfteen hundred; and in one hundred and fourteen towns more 
than one thousand. 

In each of nine towns there are more than thirty organised 
school districts; in twenty-one towns, including the foregoing, 
more than twenty-five; and in seventy-six towns more than 

The average nomber of organized districts to each town is 
twelve and ahalf; and the number of children receiving instruc- 
tion, compared with the number of school districts from which 
they were reported, will give an average of fifty-six and a frac- 
tion to each district. 

The annexed paper marked C, exhibits the condiHon of the com- 
mon Bchoobt, under some of its most hnportant aspects, from the 
ftut 1810, to the present Ane. 

n. E ti mate$ and Exfenditwei of the School Mtmaft. 
By the reports of the commissioners of common schools, it ap- 
pears that the nm of three hundred and fourtem thousand eight 
hundred and eight dollars and thirty-six cants was paid by them 
to the trustees of the several school districts, in April, 1884. The 
amoont of public mauey expended by the said trustees in the year 
18S8, was three hundred and sixteen thousand one hundred and 
fifiy-three dollars and ninety-three cents; of which sum, one hun- 
dred thousand doltars was received from the Common School 
Fund, one hundred and nlnety-eeren thousand six hundred and 

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S [Asi 

fourteea dollara and Ibirty-wveo cents, wu levied by taxation ap* 
on the property of the inhabitants of the wveral towns and cities 
of the State, and eighteen thousand five handred and thirty-eigfat 
dollars and fifty-six cents, was derived from the local funds be- 
longing to particplar towns. 

By the abstract marked B, it will be seen that the amoont paid 
for teaaben* wages, betides poblic money, is three hundred and 
ninety-eight thonsand one hnndred and tturty-seven dollars and 
four cents, and exceeds by the sum «f twenty-eight thousand four 
hundred and forty dollars wad sixtyeight cents, the amoont paid 
for teachers' wages, besides public money, in 1883- The whole 
amount paid for teachers' wages is seven hundred and fourteen 
thousand two hundred and ninety dollars and ninety-seven cents, 
from which should be deducted a few thonsand dollars expended 
by the Public School Society in the city of New- York, for school- 

The whole amount of money, therefore, expended for teachers' 
wages in 168S, exceeds the amount so expended in 1883 by the 
sum of thirty-six thousand eight hundred and sixty-one dollars and 
fifty-three cents. 

During the year ending on the SOth September, 1884, the pro- 
ductive capital of the Common School Fund has been increased 
by the sum of thirty-six thousand two hundred and seventy-four 
dollars and ninety-three centsj and it now amounli to one million 
seven hundred and ninety thousand three hundred and twenty-one 
dollars and seventy-seven cents. The actual receipts on account 
of revenue during the year ending on the SOth September, 1884, 
amount to one hundred and four thousand thnse handred and nine- 
ty dollars and seventy-ei^t cents. Document D, exhibits the in- 
oreaae and diminution of the fund during the same period. The 
several items of which the fund is composed, will be found in the 
paper mailed E, together vrith an estimate of the revenue and 
the actual receipts on account of revenue for the same year, 
and a detailed estimate of the revenue for the year ending on the 
SOth September, 1886, amountiog to one buodred and qigfat thou- 
sand four hundred dollars. 

It was stated in last year's report, that although the revenue of 
the Common School Fund for the year Hiding on the SOth Sep- 
tember, 1688, exceeded by more than nine thousand dollars the 

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•am of one Iwodrad thonsatid doHan aonealljr dlitriboted, Uw v^ 
veum had MM been tdiei to the productive capital; bat that it waa 
carried (• the diminution of a deficiency occasioned by changing 
the termiaation <^ the fiacal year, in IS31, from ttte SOth of N<^ 

vember to the SOth September, and a further deficiency occasion- 
ed by a falling off in the amount of payments on account of reve- 
ttue in 1832, in consequence of the prevalence of the cholera. 
The oatnre of these deficiencies and the manner in which they 
were met, were fully explained in last year's report; and it will, 
therefore, be only necessary to add, that althottgh the revenue on 
the SOth September, Uie expiration of the fiscal year, 1631, actu- 
ally leU short of one hundred thousand dollars, by the sum of 
aboutnineleen thousand dollars, and the revenue of 1833, at the close 
of that fiscal year, by theaumof about six thousand dollars; yet that 
the deficiencies were in each case fully aupplied by reoeipts on ac- 
count of revenue before the time arrived for distributing the sum of 
one hundred thousand dollars to tlie ooounoo schools. The amouot 
<tf the deficteocies for 1831 and 18SS, was twenty-five thousand nine 
hundred and seven dollars and two cents; wbicli has been reduced 
hy the excess crf'reveime for the^ears 1833 and 1S31, niiet distri- 
twting one hundred thousand doJlaxs in each year to (be conunon 
achooU, tetwelve thousand three hundred and eighty-two dollars aad 
nine cents. The deficiency will probably be wholly made up in the 
course of the fiscal year, 1836, by the revenuea of the Common 
School Fund, without resorting to the General Fund to supply any 
portioa -of it, as may be done in case of necessity twder section 
17, page 19^ lal voL Revised Statutes, 

By the provisions of chapter 164, Laws of 1831, the sum of 
eighty dollars is annually paid to the commissioners of common 
schools of the town of Southampton, in Suffolk county, for the 
support of a school for the benefit of the Shinnecodc tribe of Indi- 
ans. This sum is apportioned from the Common School Fund, 
and is in addition to the sum of one hundred thousand dollars dia> 
tributed under the general apportionment. The actual amount 
therefore, paid from the School Fund annually, for Ihe support of 
common schools, since the year 1831, is one huadred thousand and 
eighty dollars. 

The paper mariced F, exhibits the esrpital of the School Pnnd 
from its foundation to the present time, the annual revenue or in- 
terest, the amount annually distributed, and the inci^asa and di^ 

[AsTCm. No. 8.] 3 

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CMtUtoo^ Oiwida Cieaik tnet, OMidft Laka rtmrw«6om, Oosida 
reaeFvation, northwest part, ODondaga por ehaw y first md Moond 
Oneida purchase, and in the Saint Regis reservation; and of bonds 
Tor the consideration of premises bought under Ibreclofttre of mort- 

Tbe sale of one btomdred thooiand <folIan of cmal slock to tb* 
GooKnissioners of the Canal Fund, was made in punoance of the 
Sd section of chap. 296, of the Laws of 1832. Of the amoont sold, 
eighty-seven tbossand doffars was of the Cayuga and Seneca canat 
ttoci, and thirteen tffonsand dollar* of tbe Brie and Champion c»- 
nal stoefc. The whofe was taken at its par Talne, as provided for 
by the section referred to by the Cornmissioners of the Canal Fund ; 
and the proceeds of the sale were passed to the credit of the Ge- 
neral Fnnd, and an equal anraunt in bonds and mortgages was re' 
ceired in return from tbe tatter, in respect lo the CoraRKNi School 
Fund, the exchange of secarities (for such so far as that fond is 
eoneemed is the natvre of the operation): is decidedly tkvonble^ 
The stocfc soFd bears an interest of H-ve per cent. Whereas the 
seearities, which hare been transferred in lien of It to the School 
Fund, bear an interest of six per cent. In point of revenue, there- 
fore, the Bchool Food ia a gainer; and the securities are of such a 
mture, that no toss to the capital need be apprehenJbd. 

The prodaotive capital of the fund amounts to <»ifl millioo, seron 
hundred and nuKty-one thousand, three hundred and twsaty-ooft 
d^lars and aeventy-teven cents, and consists of e^lit hundred and 
one thousand, lix hioBdred and forty-six dollars and twenty cents, 
in bonds and morignges for lands sold, bearing an intereat of six 
per oent, with the exception of a small portimi, consisting of ae- 
eunties op lands which wer« soU under foredosQres of mortgages 
for moneys loaned at seveD per cant, and which were resold at' 
the same rata of Interest; forty thousand, six hundred and fifty- 
five dollars in loans to the counties of BroomeT Cayuga, Chautau-> 
que, Clinton, Erie, Herkimer, JeSersoo and Niagara, the whole of 
which bears an interest of six per cent, with the exception of M' 
teen hosdred dollars, loaned to the ooiutty of Erie at seven per 
cent: four bundled and eighty-nine thotasaad asd twenty dollars 
and fifly-seven cents, of belnnoes of the loans of 1786, 17a3» and 
1808, at an average interest of six per cent: two hundred and 
thirty thousand dollars of canal stock, bearing an interest of five 
per scat, and two hundred and thirty thoBsaod dollars of stock in 

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NaflL]- 18 

Um Merchantii' and Mftnhatlan builci in tfa* city of New-Yorit, th« 
dindends on wbtch ars not leis than sii per cent per BDDDin. Ttw 
itsma ooaapcMing theae saveral amounta are exhibited in the paper 
maiked F, faemmto annexed. 

It may now be calculated with safety, that the fund will admit 
of an aoDua) distribution from its own revenues, of one hundred 
thousand dollars to the common schools. The capital is believed 
to be so invested as to be entirely secure, and the interest has, 
during the last two years, been paid with great punctuality. The 
revenue for the year ending on the 30th Sept. 1834, was estima- 
ted at one hundred and sis thousand, eight hundred dollars, and 
(he receipts, notwithstanding a stagnation of business during a por- 
tion of the year, amounts to one hundred and four thousand, three 
hundred and ninety doHats and seventy-eight cents. By section 
17, page 103, 1 vol. Revised Statutes, it is provided, that " when- 
ever the revenue of the Common School Fund shall be insufficient 
to satisfy the annual appropriation of one hundred thousand dol- 
lars, ihc deficitncy shall be supplied and paid from the General 
Fund." The year 1830 was the last, in which it was necessary 
to resort to this expedient; and there is now no cause to appre- 
hend that it will again be necessary to have recourse to it. 

IV. Organization nf rtc Chmmon Schools. 
The administration of the Common School system, in all mat- 
ters enjoined by statute upon those who arc charged with its su- 
pervision and management, has attained as great a degree of rc- 
gnlarily as is practicable. Returns have been received from every 
town in the State, and, with a single exception, through the chan- 
nels prescribed by law. In the case referred to, the report of tho 
commissioners of common schools having been accidentally re- 
tained until the tinte for sending it to the county clerk had passed 
by, was transmitted directly to the Superintendent. The matter 
contained in the report now submitted to the Lcgislatare by the 
Superintendent, has beeo furnished through the agency of mors 
than thirty thousand individuals: and of all the school districts in 
the State, nineteen out of twenty have made their reports in the 
manner required by law to enable them to participate in (he bene- 
fits of the Common School Fund. 

Although the Operation of the system is so regular, there is one 
particalar in which it might be improved. By the existing law, 

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U [Ai 

ihe annual reports of iht- trustees of adMol dutiicti an required 
to be made afiter tiw first of Jaaoary, aad od or before tbe first of 
March. Od these rep<»ts the public moneys are apportioaed by 
the commissioners of common schools iu each town, on or before 
the first Tuesday of April. From this time the commissioners have 
about six months (until the first of October) to make their reports 
to the county clerks, and the latter have two months (until the 
first of December) to send certified copies of those reports to the 
Superintendent of Common Schools. None of the reports contain 
any matters which have occurred subsequent to the first of July 
preceding, nor, indeed, subsequent to the first Tuesday of April, 
excepting where a new school district has been formed between 
these two periods, in which case it is included in the whole 
number of organized districts in the town. The consequence of 
keeping the district reports six months in the hands of the com- 
missioners is, that the reports from the county clerks are not all 
received until after the first of December by the Superintendent. 
He has then to examine, personally, abstracts of the reports from 
every town in the Slate, nearly eight hundred in number, and 
to prepare tables, which cannot be completed' until about the time 
the Legislature meets; and if in any of (he reports which are 
made, an error appears, (as is sometimes the t&ae,) it is usual- 
ly discovered at so late a day that it cannot be corrected, so as to 
mdmit of the presentation of his report at the commencement of 
the session. The Superintendent, therefore, suggests that the law 
be so amended as to require the commissioners of common schools 
to report by the first of August, and the county clerks by the first 
of October. This amendment will leave the existing arrangement 
for making the district reports and for apportioning the public mo- 
neys undisturbed, and will, in fact, merely curtail the time allow- 
ed to the commissioners for making their reports. They will, in 
case this suggestion should be adopted, have, after apportioning 
the public moneys nearly four months to report their proceedings 
— a period fully adequate to every purpose of convenience — an^ 
the Superintendent will have time to write to the commissionera 
of common schools of. any town in the Slate, should an error bc^ 
discovered in their report, and procure its correction before the 
meeting of the Legislature. 

In the alteration and formation of school districts,. in the appor- 
tioi^ent of the public moi^eyB, and in, theexeircise of. the powers 

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No. &} Ife 

coaferred on tb* inhnbttanls of school districtt md their officeri) 
quetttoDs frequently arise, and are brought before the Superiir- 
tend^Bt for his deoisiorK Such of these qoealions as grew out of 
the proceedings in school diatricts, were by the Revised Statutes 
settled by the ootntnistioners of common schools of the towns a 
which tfaey arose: but by an amendment of the Statute, ail ap- 
peals must now be addresaed to the Superintendent, 'ihia is, is 
fact, a restoration of the mode of redrees provided for by the set 
of April 12, 1823, and was recommoided by the Superintendent 
in a communication to the Legislature on the Sd of April, 1830. 
Queationi sulxnitted to him are generally dt^Kned of with prtmip- 
Utude, and it is extremely rare that they ripen into feuda and in> 
terrupt for a length of time the harmony of the districts. When 
the great number of diatricts is taken into consideration, it is, per- 
haps, remarkable that coolrorernea are not more numerous, espe- 
cially when they may be carried on without' expense to the par^ 
ties. In thia part of its administratioD, the system- is susceptible 
of DO material improvement. The setttemeDt of disputed qoes" 
tions is the mast laborious of the duties ot' the SuperinteBdent, and 
it beocMxws more ao as the districts tocxcftse in number; but expe- 
rience has shown that the present mode is> both as regards the 
parties concerned and the public, the best hitherto adopted of pat- 
ting controversies at rest. However impartial the otMqpiissioners 
of common aehooh might be in dispoung of the questions submit- 
ted to tbeaif their vicinity to the field of dissention rarely failed 
to subject them to the intpvlation of biasses uafrieiidly to one or 
the other of the parties btigant. With the existing mode no such 
imputation is likely to be made, even. when the decision pronounced 
upon the nutters in controversy may not give satisfaction: And 
thus ■ fruitful source of disconlsat is cloaed up. 

One of the most responsible and delicate trusts to be executed 
under the common school system, is that of inspecting teachers 
and pronouncing upon their qualifications. This duty is confided 
to three inspectors, who arc elected in each town annually, or by 
the three commlHsioners of common schools, who are also elected 
annually in each town, and who are, by virtue of their ofGce, au- 
thorized to examine the schools and teachers, and give the latter 
certificates of qualification. If the inspection of teachers is ne7 
gligeotly conducted, or with a willingness to overlook deficiencies 
instead of insistiqg rigidly on the reqturemenls of the taw, it is 
inaDifest that men without tlie necessary moral character, learning 

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or abilitjr, will gaia a foothold in tb« cMnmoa wheolB, aod prewat 
a aerioaa obatacle to tbe improTomcDts of which thoy are mscepti- 
Ue. This wouU be an evil or the greateat magnitude, tod there 
ii DO remedy for it but a strict iiupectioD of tbe eandidatea. It 
has been the praclica in aome instances, for inspectors to have a 
referaice to the particnbu- circomstances of the case in giving a 
certificate. Thus they have sometimes giren an individual a oer- 
tificate, with a Ttew to a summer school, in which the children 
taught are osaally smaller and require less of the teacher, when 
the certificate would have been withheld, if it was asked with a 
view to qualify the teacher for a winter school. But it is obvious 
that saoh a distinction is wholly inadmissible. A certificate must 
be unconditional by the terms of the law: The inspecton must be 
satisfied with the qualifications of the teacher, " in respect to nw 
ral character, learning and tdiiiity:" And tbe certificole, when 
once given, is an absolute warrant for the individual to teach for 
a year, and to receive the public money, unless revoked before the 
expiration of the year, in which case it ceases to be opermtive from 
tbe date of its revocation. The standard of qualification for teach- 
ers, so far as granting certificates is concerned, is of necessity ar- 
bitrary. The law does not prescribe the degree of learning or 
ability, which a teacher shall possess, but virtnally refers the de- 
ci«oo of this important matter to the inspeotors. The effect of 
•och a regulation is to set up in each town a standard conformed 
to the state of public instruction within it. If the in^iecton are 
satisfied that the individual is cwnpetent to give instruction in the 
subjects usually studied ia the schools in the tonsm, they give a cer> 
tificate; if not, they withhold it, excepting in a few eases already 
referred to, in which certificates are sometimes improperly given. 
It would be difiicult, if not impracticable, to aecare entire unifor- 
mity in the inspectors of teachers; and indeed, in the systema of 
popular instruction which have recently attrftcled most strongly 
the public attention, such uniformity has not been attempted. In 
Prussia and France different grades of qualification for teachers 
in the primary schools are provided for, and certificates are given 
corresponding with the ability of the individuals to teach. This 
distinction is founded upon the obvious propriety of allowing dis- 
tricts, which are poor, and on which the burden of supporting a 
teacher of the first grade would fall too heavily, to employ one 
of inferior qualifications. Such a distinction, however, is not, it 
is believed, necessary at this time under our system. By employ- 

ee oyGoogle 

No. B.} rs 

vag » qadified teacher tln^e months in ««c1i yen*, -every AiArietit 
■entitled to a distributive share of the Comtnoa School Fund, and 
ill proportion of the common school tax paid by ihe town, and 
there are few instaBoes in which the amount of the contribution 
from these sources will not suffice 1o pay him one-hair of the 
whole amount of his oompensation for the prestxibed period. Da- 
ring the remaining nine months, tlie districts are at liberty to em- 
ploy sudi -teacben as they may thiid proper. A\l tiie law exacts 
is, that daring ane-foorth part of the year, eaofa disbict which 
participates in the bounty of the State, shdl have-a teacher, with. 
wboie quidi/icatioiM the inqtoctors of the (own «re satisfied. The 
Tequisitioa is by no meabs onerous, «t)d as the Icspeotors hcTe not, 
sieither should tbey possess, the power of retani^ the rule with 
reference to the cirouMstances of any particular case, by depart 
log from the ttandard of qualificvtioD, which they -assuaie aa their 
gnide is others. Somedui^ may be done by means of rigid at- 
spectioBs, to raise the standard of educatioiK But k cannot be die- 
jpiised that opjnieB must first be uiflueooed before it -can h« great- 
ly advanced. 

The extent of common sdtocd inatraotion in this State, ao far ax it 
telates tothe number of those on whom its benefits are bestowed, 
mdmits of little, if Any, diange for the better. In this respect oar 
«yslem need not shrink from a comparison with any other. When 
considered under all its aspects, and particulaHy with a reference 
to the tnuMDg of teachers, the Prassian is, pethaps, superior 
to every other. But in regard to the number of those whom, 
it embraces, it falls short of ours. In 1831, the inhabitants of 
Prussia amounted, exctttsire of the army, to 13,780,746 souls: 
The number of scholars receiving iofltmction during the same pe- 
riod in the different public schools was 2,047,353. Thus it ap- 
pears that one io every S.33 of the whole population was, in that 
year, receiving instruction. 

Tlie popalalion of this State, according to the eensos of 1680, 
anonated lo 1,910,183. If the rate of increase from ISM to 1688 
wa« equal to the rate of increase from lesft to 18S0, the popula- 
ticn of the Sute in 1688 was 2,101,000. During the same year, 
the number c^ children actually receiving inatniction to the com- 
mtm schooh amounted to 531,340. It, therefore, appears that 
one in every 8.95 of the whole population in this State wai, in 
168S, receiving instmction in the Comiaioo schools ttone. 

[ Asaem. 1T6. 8.] 8 

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18 [Ai 

n ODght oof fo be overlooked, ihat thi'i great retult haa bceo 
brought about by the force of opinioa, stimulated by a very smalt 
pecuniary interest. In Frussia, on the other hand, the system of 
popular instruclioD has been extended over the whole population 
by force of law; presenting the noblb example of a government 
with almost unlimited powers, employing them for the purpose of 
eialting the intellectual character of its subjects. 

The incompetency of teachers is still the great eTil of the emn- 
mon school system of this State, and it may, indeed, be said to b« 
the source of the only other material defect, which pertains to it — 
a low standard of education in most of the schools. The evil, 
however, is by no means universal. There are many teachers of 
ample qualifications, and many schools of high standing, both as 
regards the nature and extent of their requirements. The only 
cause of regret is, that this is not the character of all. The prin- 
cipal obstacle to improvement is the low wages of teachers; and 
as this is left altogether to be regulated by contract between them ' 
and their employers, there would seem to be no effectual remedy 
for the evil but to inspire the latter with more just conceptions of 
the nature of the vocation, and its high responsibilities, and of the 
necessity of awarding to those who pursue it, a compensation in 
some degree suited to its arduous duties and requirements. So 
long as the compensation of teachers is on a level with that which 
is commanded by the most ordinary employments, it is not to be 
expected that men of the necessary talents will prepare themselves 
for the business of teaching; but it may be justly said, that there 
is scarcely any vocation, in which the best talents can be em- 
ployed to greater advantage. It has certainly not been common 
to assign to it a value at all commensurate with its impor- 
tance; and it must be confessed, that while its end was to teach 
reading and writing and a few elementary rules in arithmetic and 
grammar, there was some reason to undervalue it But on this 
subject more just views bepn to prevail. However narrow the 
limit of instruction, it is obvious that the mere aascciation of a 
teacher with pupils, who are at an age best fitted for the recep- 
tion of strong and durable impressions, cannot fail to exert an 
influence upon their minds for good or evil, which may determine 
the complexion of their whole lives. Whatever the design may 
be, schools must, from the necessity of the case, bo instrumental 
to the formation of moral as well as intellectual character; and it 
is of vital importance that the moral qualities and habits of the 

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1«0l 6.] 10 

■Ditnietor, independently of his ability to teach, should, at leatt, 
carry with them no lessons of evil. But to enable him to diacbargo 
fail duties in a m&Dner suited to their great purposes, he should be 
fitted by his disposition and acquirements to give a proper direc* 
tioD to the moral sentiments, to bring into activity the intellectual 
facultiei, to Jay open those rich stores of knowledge, which are 
to be found in the nature of man and in the external objects by 
which be is surrounded, to create a spirit of inquiry and observa- 
tion, and teach its application to practical uses. To accomplish 
these results, a high grade of qualification is indispensable; but 
nothing less, it may be safely assumed, will satisfy the existing 
desire for rational improvement, or keep pace with the advances 
of science and the progress of just opinions. In order to command 
the services of men competent to discharge this elevated trust, an 
•deqoale compensation must be provided for them; for it cannot 
be expected that any occupation, excepting such as confer influ- 
ence or distinction, will invite to it talent and skill without the pro- 
mise of pecuniary rewards proportioned to its labors and aacriAces. 
Before the evil referred to can be wholly eradicated, a change 
must be wrought in public opinion: and it is believed that such a 
cbaoge is already in progress, and that it may be accelerated by 
■neasurea, which are now under the consideration of those who 
have the power to adopt them. During the last session of the Le- 
^*slature a law was passed authorizing the Regents of the Univer- 
sity to apply a portion of the revenue of the Literature Fund to 
the education of common school teachers; and it is understood 
that a [dan will be matured, >at an early day, to establish depart- 
ments of instruction and discipline for the purpose, in connexion 
mth some of the organized academies. The execution of such a 
plan will but carry out a policy which was distinctly recognized 
by the Legislature in 1827, when the capital of the Literature 
Fund was augmented, to use the language of the law, in order 
** to promote tlic education of teachors," although the design of 
the law was not sustained by the measures necessary to give it the 
form and effect of a system. Should these departments succeed 
in preparing for the common schools a supply of well trained teach- 
ers, it is believed that the influence, which the tatter may exert 
apoo the public mind, by the superiority of their methods of in- 
struction over those in common use, will do much to bring about 
that change of opinion which is indispensable to the perfection of 
oar vyatem of popular education. 

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9V [Ami 

In Frasdu tUv expense of tfie setninsries for teu^en is nearTj- 
eqnal to one-6rteentH of the whote aonuat eipense of the primary 
vchoolf^ In TSSS then were forty-two of these institutions^ 
twenty-eight of wbicb were extensire estabHshmentsi. The other 
IburteeB were lubordiTiBte or bnmcb aeimnsries^ Of the larger 
etass some have ancient enifewments, which diminiab tiie contri' 
kations from th& public treasury to their supports But the go- 
Temment expends npoD tfaem annually abont 980,000. hi 183Z 
the expense of thirty-three seminaries amounted to 980,000, of 
which sum tbe goverament paid 900,000. In the year I83S more 
^an 3,000 pupils were receiving initrnction is these insHtutionSr 
and about 000 are annually fornisbed for the primary schools. 
The whole number of teachers in the difiereat schools is abov» 
32^000, and the annuid vacancies range from three to four per 
eent. Thus the seminaries, on their present fooling, are adequate 
to supply the entire demaad for teachen. 

In this State the nainber of school Astiicts is nearly ten thousand, 
and the number of teachers about the same, althosgh in a small 
number of districts two or more teachers are emptoyed. If the- 
schools were now farnished with teachen, and vacancies were to 
occur in the same proportion as in Fmssia, an annual supply of 
four hondred would be necessary. There would be no difficulty 
in preparing such a number in the incorporated acadeimes, with 
fittle more expense than that of estabKshing the necessary de- 
partments, and providing for the compensation of one or more 
additional instructors in each academy employed for the purpose. 
The only difficulty would be to induce the school districts to secure 
the services of the teachers thos prepared, by oflering them a fair 
compensation. The St. Lawrence academy alone, with no direct 
oontribution from the Stale to this specific object, has sent out in 
% single year sixty teachen for common schools. One academy 
in each Senate district would, therefore, be adequate to supply all 
the demands of the common schools, if they were actually pro- 
vided with competent teachers. 

In Fmssia the whole expense of erecting buildings for teachen' 
seminaries, supplying them with libraries, apparatos for instnio- 
tioo, and musical instruments for the pupils, has been paid by the 
government. Board is alio furnished by the State for alt the pa* 
pils, but by far the greater part of them pay an equivalent for iL 
In engrmfting upon some of our incorporated acadtmies depart- 

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mentv of instruction for the edacation of tetchen, the necessity of 
preparing proper buildings would be in a great degree obviated. 
In some cases it might be necessarT' to add to them, but the ex- 
pense would be inoonsiderable. The pupils would not only. pro- 
vide their own board, but moat of tbem would also be able to pay 
for tuition, so that the departments would contribute, in some de- 
gree, to their own support A better apportunity of putting into 
operation, «t little expense, an efficient system of training for 
teachers could hardly be presented. 

If the foundations of our whnle system of public instruction were 
to be laid anew, it would perhaps be advisable to create separate 
seminaries for the preparation of teachers, although from the na- 
ture of our institutions it might be deemed arbitrary, if indeed it 
were practicable, to compel the school districts to employ them. 
It would be equally difficult, without a great augmentation of 
the Common School Fund, to present to the districts a sufficient 
pecuniary inducement to engage the individuals thus prepared: 
and it may be safely assumed that nothing short of a thorough 
coDvictioQ in the public mind that common school teachers are in 
general incompetent to the proper fulfilment of their trusts, and 
that the standard of education is extremely imperfect, would ac- 
complish the object. If that conviction can now be created the 
existing evils may readily be redressed. Our common school sys- 
tem is so perfectly organised, and admiaistered throughout with 
M much order and regularity, and bo many academies undei able 
management are already established, that it would seem the part 
of wisdom to avail ourselves of Uiese inatitatioos to the extent of 
their capacity, for the purpose of training teachers for the com- 
mon schools. Their endowments, their organization, the expo- 
rieace and skill of their instroctors, and their whole intelleetiial 
power may be made subservient to tiie public purpose in riew, 
and with the aid ^ich the State can lend, much may be eSbcted. 
Bat whatever differences of opinion may prevail, with regard to 
the foundation of this plan in sound policy, the quettioo has been 
siettied by the Legislature, and it remains only to carry it into eie- 
eation with proper energy. Shonld it prove inadequate to the 
ends proposed, a change of plan may then be insisted on, without 
being open to the objection of abandoning a system, which has not 
been birly tested. 

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$1 [Amkiim,t 

ItinayDOtb«iinpro|>ertoreinBrkin thitplaco, that th« necenaTj 
coDnexioD which exisu between ourcooimon ichools and the litera- 
ry institutions of ttie State, including those of ttie highest grade, 
has been too frequently overlooked. The academies have already 
been, in cSoct, without receiving from the State any direct pecu- 
niary wd for the purpose, nurseries for common school teachers. 
The great body of those, who have cither temporarily or perma- 
nently devoted themselves to teaching, have been prepared at the 
academies with a view to that occupation, or to some professional 
employment. The intitructors in the academies have, in their turn, 
been educated in the colleges; and but for the latter, or some other 
system of classical and scientific education as a substitute for the 
course of training pursued in the colleges, the academies would 
obviously be destitute of the necessary supply of tutors. Thus, 
all our incorporated literary institutions minister to the improve- 
ment of the common school system, on which the great body of 
the people are dependant for their education. It is true, that col- 
leges are apt to be regarded as aristocratic institutions, beyond the 
reach of tlie poor, and therefore, beneficial only to the rich. But 
iadependently of the indirect benefit already referred to as result- 
ing from them, it is believed that this prejudice will be found, on a 
close inspection, to be founded wholly in error. Men of fortune 
are obviously independent of them; for, however convenient they 
may be, wealth can always command the services of talent, and 
the children of those who can afibrd the expense, may be educated 
•t home or in private schools. But this expense is altogether be- 
yond the ability of individuals in ordinary circumstances. A man 
of little property may be able to educate his child in on institu^ou, 
which, by reason of its endowments, can fix the charge for tuition 
at very reasonable rates. If the institution is so near that chil- 
dren can board at home, it is brought within the reach of an addi- 
tional number. Indeed, many young men, altogether without pro- 
perty or pecuniary assistance from their friends, succeed now in 
gaining on education at college by their earnings during vacations. 
In the endowment of Union College, provision was made by the 
Legislature for indigent students. In the year 1833, books were 
furnished gratis for all who were unable to provide them, and se- 
venty-three young men were " otherwise assisted from the fund 
granted by the State for the purpose." It may be justly said that 
colleges are not necessary to the rich, but that they are to persona 
ia ordinary circumstances of the greatest value. They serve to 

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abolish the most important diatinction which can exist nnder our 
political institutions and laws — the distinction between the educated 
and the uneducated — and they enable those, who are destined to 
rely on their own unassisted efforts, to enter into competition in 
the highest intellectual fields of enterprizc, with those who hare 
been sustained by the adventitious aids of wealth. 

Whatever doubts may have been entertained with regard to the 
beneficial effects of inititutions, sustained wholly or in part by 8°" 
vemment patronage, for the hi^er departments of education, none, 
it is conceived, can reasonably exist in relation to our colleges mi 
their present footing. None of them are so highly endowed as to 
be able to dispense altogether with contributions from their pupils; 
Aey are generally dependent in a very great degree on public pa- 
tronage for their rapport; they derive no regular income from the 
State treasury; the same competition, which prevails in the ordi- 
nary transactions of individuals engaged in the pursuit of a common 
object, is to strcHigly felt by them, that professors without talents 
and industry will find no place in them, and the course of studies 
must necessarily take its complexion from the public wants, and 
cast off every thing, which is either useless, or repugnant to the 
. prevuling spirit of society. 

But it is principally as accessory to the great objects of common 
school instruction, that our colleges and academies deserve to be 
cherished— as nurseries for those through whose instrumental ily 
the standard of popular education must be raised to its proper ele- 

The system of instruction in the common schools is in general 
defective. The practice of paying low wages has, as might have 
been expected, introduced into them teachers wholly incompetent 
to execute their trusts; who, in their turn, have brought in bad 
methods of teaching, and kept down the standard of requirement 
for their pupils on a level with that by which their employers have 
measured their qualifications. This is not only an injury to the 
younger classes, by withholding from them the culture necessary 
to a full development of their intellectual faculties, but it is an in- 
jury to our political institutions, the frame of which rests upon the 
baMs of popular freedom, and derives its whole strength from the 
public iatelligcnce and virtue. In the progress of civilization it is 
matulest that there are evils to be counteracted as well as benefits 

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to be enjoyed. As the occopfttioas of men become more TariouB, 

and the objects of their punoit are adapted to an advancing itate 
of refiDement, the divisions of industry become more minute, and 
the field of intellectual exertion for those who depend on manual 
employments, is in danger of being narrowed down to a smaller 
compass. Under any liberal form of government, this is an evil; 
for on the intellectual cultivation and moral power of the great 
body of the people must depend iu tranquillity, if not its perma- 
nuice: But under ours, it would be an evil of fearful magnitude. 
If with us, as every where else, the tendency of improvement in 
the arts of ciriliutien is to increase the distance between particu- 
lar olasTCS of the political society, this tendency should be coun- 
teracted by the proper remedies. The provisions of oar laws in 
relation to the division of estates, and the prohilHtions which have* 
bean set np against the perpetuation of masses of property by de- 
scent, have done much to gnard against the evil referred to. But 
something more remains to be done. The distinction between the 
educated and the uneducated, should, as far as possible be diminish- 
ed, not by depressing in any deg^e the standard of educatitm, but 
by raiung all to the greatest possible approximation to the highest. 
It is in this manner only that we can do justice to ourselves, and 
lay broader and deeper the foundations of our social prosperity 
and happiness. The attention of the great body of the people 
should therefore be directed to objects beyond the sphere of the 
employments on which they depend for their support; and to ren- 
der effectual a system of education adopted for the purpose, its in- 
fluence must be felt in early life. It is only by eteratiog the cha- 
racter of the common schools, that a timely spirit of inquiry is to 
be roused, and Uiose habits of reflection formed, which are to car^ 
ry the individual forward in the pursuit of knowledge, and in the 
improvement of his moral and intellectual faculties. Reading, 
writing and arithmetic, are not to be regarded as the end of com- 
mon school education, but as the instmments through which he 
may gain a knowledge of his own powers of those . natural laws 
which he may conrert to his own use and of the institutions under 
the protection of which he lives, and upon the action of which he, 
as a part of the sovereign society, exerts a perpetual influence. 
The principal branches of common school instruction are usually 
' taught with little other purpose or efiect than that of attaining the 
single object in view; whereas, in learning to read, the pupil might 
acquire many valuable principles and useful facts; and in gain- 

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No. 8.] 3» 

iDg & knowiedge of arithmetic, he should be taught how to apply 
the processes Mvitb which he becomes familiar, to the practical bu- 
siness of life. 

Whatever may be true of other countrice, it is a great mistake 
in ours to suppose that the education which an individual receives 
should be designed exclusively to fit him for the particular employ- 
meat which he is destined to pursue. The relation which every ' 
individual bears to the government, is so important in its charac- 
ter, that he cannot be fitted to sustain it without a considerable 
degree of intellectual cultivation. He should be able to determine 
whether those whom he has contributed to clothe with political 
trusts, have confined themselves within their warrants of authori- 
ty, or whether, in the eitercise of their acknowledged powers, they 
have acted for the best good of their constituents. To decide such 
questions intelligently, no inconsiderable information is necessary; 
nor is it to be expected that they will be correctly decided without 
a just power of discrimination. In the progress of those altera- 
tions which have been made in the frame of the government of this 
State, the people have thought proper to resume the exercise of 
powers, in respect to the right of suffrage, which they had former- 
ly confided to fewer hands. In thus resuming them, and carrying 
out more fully the principles on which the government is founded, 
it should not be overlooked that the people have devolved on them- 
selves an increased responsibility; and it becomes their duty to 
provide that all who are concerned in the exercise of the powers 
referred to, should be made competent to the task. For this pur- 
pose, it is only necessary that the common schools should be pro-' 
perly supported, that able and well-trained teachers should be pro- 
vided, and that the standard of education should bear a just rela- 
tion to the great objects to be attained. 

Independently of this general view of the subject, there are other 
reasons of a more particular application to individuals, for raising 
as high as possible, the standard of common school instruction. — 
Knowledge carries with it influence over the minds of others, and 
this influence is power. In free governments — 'What is of more 
Tital concern — it is political power. If common school instruction 
is to terminate with a knowledge of a few elementary branches, it 
is manifest that the classes which receive all their education in 
them, will not, in wielding the political power of the country, par- 
ticipate, equally with those who have the advantage of a more en- 

[Assena. No. 8.] 4 

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hrge6 and better directe'd eotirse of training. Everj man may, 
in theory, have the same power, b»t it -will bo virtually regnlated 
by tbe force of his intellectual character. Under form* of govern- 
ment, which throw open to att tbe citizens the avenues to political 
distinction, every individual should seek, in the eduestion of hi» 
children, to lay at broadly as possible, the foundation of their in- 
tellectual character, and to qnalify them for an advancement to 
posts of honor or emolument. It is one of the most vahiable fea- 
tures of our political system, that all are equally free to enter into 
competition with each other in the parsuil of wealth and power, 
and that there is no elevation which may not be reached by perse- 
verance and industry, however humble the condition of him who 
aspires to it. But who does not see that competition will be une- 
qual, and the proper action of the system disturbed, if the great 
body of the people are not furnished with such early instruction as 
is essential to tbe development of their intellectual faculties T 

A defective and intperiect system of public instruction is not only 
unjust to our institutions and to the community, but on tbe score 
of economy it is highly objectionable. By a judicious reform in 
the existing methods, it is believed that in one-half of tbe time 
now devoted to elementary instruction, much more valuable infor- 
mation might be obtained. Such an economy of time would be a 
gain not only to individuals, but to the whole commnnity. The 
average duration of common school instruction for children cannot 
fall short of twelve years; and if the same knowledge could be 
gained in half that period, six years of useful and productive exertion 
would be added to the life of eveiy individual hereafter to be edu- 
cated. If, in the same time, a higher degree of cultivation may 
be attained, the moral power of the community will be increased 
in proportion. Every man who depends on his manual exertions 
for support, feels the importance of securing the assistance of his 
children at the earliest possible day. To him, a saving of time is 
a saving of money; and by paying a little more for a few years 
for a competent teacher, he will not only consult hia pecuniary in- 
terest, but promote the more important object of fitting his chil- 
dren for those spheres of usefulness and honor, which are open to 
them. If time is valuable in the present condition of the country, 
it will be still more so when population becomes more dense, and 
the means of subsistence more difficult to be procured. In the 
progress of improvement, most of the employments on which men 
rely for their support, demand of those who follow them, a higher 

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No. 8.] 21 

l^de (^ qnalificatlon; and the time allotted to prepar&lion nnnt 
«itber \>c enlat^ged, or bo employed as to allbrd ia a shorter period 
the «ame amount of practical information and discipline. The ef- 
fect of competition, which is constantly increasing as improvement 
advances, is to reduce the profits of almost every pursuit, and to 
augment still fiirther the time necessary to be devoted to labor.— 
The necessity, therefore, of carrying into the common schools sDch 
tnethods of instruction as shall save time, and call into more full 
and efficient exercise the intellectual powers, ia constantly becom- 
tag more urgent. In any sphere of instruction, cheap teachers are 
unquestionably the most expensive. If they demand less money, 
they consume more time, vhich is as valuable as money, and the 
fruits of their labor partake of their own deficiencies. In all other 
matters, men are accustomed to employ those who are best quali- 
fied to perform the service required of them. But the education of 
dieir children, the most important of all trusts, fnnu its connexion 
with the moral as well as the intellectual character, is often confided 
to those who aflbrd no assurance, in their acquirements or in the 
tenor of their lives, that either their instruction or their example 
will redound to the improvement of their pupils. 

But, as has already been observed, a change in public opinion 
is, it is believed, in progress; and it is earnestly to be hoped that 
it may be complete. When measures shall be taken to train in 
the organized academies such a supply of competent teachers as 
to provide each town in the State with a few good schools, the 
contrast between the improved meUiods which will be introduced 
into them and those which arc in common use, can hardly fail to 
produce in neighboring districts a degree of emulation, which will 
gradually bring the schools established in them to the same stan- 
dard. Imperfect as are many of our common schools, they are, 
it may be confidently said, in better condition than they have been 
at any previous time. The standard of edueati<m in general has 
gradoally advanced, though very slowly. But in some schools a 
high degree of excellence has been attained, and within the sphere 
of their influence improvements are gaining ground in others. In 
districts where the inhabitants hare not bad the oportunity of wit- 
nessing the beneficial efiects of better methods of instruction, it is 
natural that they should be content with those to which they have 
been accustomed. But the good sense which the people carry in- 
to their ordinary transactions, will in this matter, as in all others, 
guide them to correct conclusioDS when tb« benefits of improved. 

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and the evils of defective, methods are brought home to their ob- 
aervation. As the demand for competent teachers is augmented, 
and such wages are odered as. to ensure their services, the num- 
ber of those vrho prepare themselves for the business of teaching, 
will increase in a like proportion. Should departments of instruc- 
tion for teachers be established in the existing academies, as is 
contemplated, and the plan prove efficient and become popular, it 
may be readily extended so as to be commensurate with the wants 
of tho whole State. 

Although the compensation of teachers is still extremely low, 
it is gratifying to reflect that it is increasing. In the districts 
heard from, the number of schools kept during the year 1883, 
an average period of eight months, was nine thousand three 
hundred and ninety-two. The amount actually paid for teach- 
ers' wages, in the same districts, was about six hundred and 
sixty-five thousand dollars. This sum divided among the schools 
would give each teacher 98. S& per month. But it is sup- 
posed thai female teachers are employed about half the time at a 
compensation of five dollars per month. In this case, the average 
compensation of male teachers would be (12.70. By a similar 
estimate for the year 1631, contained in the report of the Super- 
intendent made in 1833, it appears that the average rate of wages 
for male teachers was but 911.85. A Bimilar estimate for the 
year 1832 would give •12.32. Thus it appears that the rate of 
wages is steadily advancing, although still^aUogether inadequate 
to the services rendered. 

In the last annual report of the Superintendent, he expressed 
the opinion that some of the leading features of the Prussian sys- 
tem of popular instruction "were wholly incompatit>le with the 
genius of our institutions." That system is, perhaps, as well or- 
ganized and administered as- one of the kind can be: Certainly 
nothing can be more admirable than the regularity with which its 
operations are carried on; and notwilhslandtng it is compulsory 
in its character, it appears to have secured the approbation of the 
inhabitants of Prussia, Although a few years only have elapsed 
since it was brought to perfection, it has existed in that country 
for several centuries in a diflerent form, and has been long incor- 
porated with the prevailing habits of thinking. A single fact will 
show that it is regarded with favor by those for whose benefit it 
was designed. From seven to fourteen years of age all children 
are required to be sent to school. In the year 1631 the whole 

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number of children id Prussia between the ages of seven and four- 
teen years was 3,043,030; while the number of children actually 
attending the schools of the diSeront grades was 2,047,352. De- 
ducting from the number first mentioned, those who from bodily 
or menial infirmities were deprived of the benefits of instruction, 
together with those who were instructed in private schools, and 
the nu liber actually attending the public schools would appear to 
have greatly exceeded the whole number who were required by 
law to attend them, and to have been nearly one-sixth of the 
whole population of Prussia. 

Although the system seems to rest alike upon popular favor and 
pablic law, its very foundation is compulsion. For this reason (he 
Superintendent deemed it unsuJted in many respects to the pre- 
vailing opinions and condition of society in the United States. In 
this opinion he was not singular. Indeed, the siune objection 
seems to have been raised in England, where it might be expected 
to. weigh much less than here. Plans of popular education are 
now under public consideration in that country, and have enlisted 
many of the first writers in the discussions to which they have 
given rise; but in none of those which have fallen uuder his ob- 
servation, has the principle from which the Prussian system do- 
rives its efficacy, been admitted to any considerable extent. The 
following is extracted from an able article on education recently 

"Our attention has of late been strongly directed to the corfi- 
plete system of popular education for all classes, established in the 
Prussian dominions, and in other parts of Germany. . The instruc- 
tion of the whole population, distributed in their different schools 
of primary instruction for the lowest orders, of burgher schools 
for the commercial classes in the towns, in the gymnasia and the 
universities for the higher orders, is administered by the benefi- 
cent despotism of the State, with the regularity and uniformity of 
military discipline. Some excellent persons are desirous that a 
scheme of this kind should be introduced into this country; to 
which there is this insuperable objection — its total impracticabi- 
lity. Education may eventually form, but it must first adapt 
itse/r to the national character." 

Although a system of measures framed with a view to accele- 
rate the improvements, of which oiir common schools are suscep- 
tible, by -withdrawing them from the control and supervision of 

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so [AsSKMBLr 

those most deeply interested in them, might be easily devised, and 
might, at first glance, seem calculated to secure the object, it is 
believed that the effect of such measures, would be far from salu- 
tarv Hpon a people who are to be actuated by moral influeDcea 
rather than by compulsion, especially in matters which have a ne- 
cessary connexion with the formation of opinions. Laws pro- 
viding for, the appointment of teachers for school districts by the 
State, without the consent of the inhabitants, prescribing a par- 
ticular course of instruction, requiring the inhabitants of school 
districts to send their children to school under penalties for ne- 
glect or refusal, to provide teachers with houses and fixed salaries, 
and to pay them pensions when they become disqualified by age 
or infirmities for the discharge of their duties, would be consider- 
ed ao invasion of sacred privileges, and could hardly fail to draw 
down an opposition, which would retard the very improvements 
they were designed to secure. For the adoption of the meaiures 
necessary to the perf<;ction of our common school system we must 
rely mainly on the intelligence of the people. To assume that 
they are incapable of forming a just estimate of their true inte- 
rests, or ihat, estimating them properly, they will be unwilling to 
do what is necessary to seciire them, would be an impeachment 
of their good sense, which is not warranted by experience, and 
which, if admissible, would also impeach the "Wisdom of our whole 
political organization. Experience shews that the people require 
only to be furnished with the proper means of observation 10 judge 
rightly. In the vicinity of the St. Lawrence academy, in which 
a system of lectures on the principles of leaching has been regu- 
larly delivered to a numerous class, during the last three or four 
years, the average rate of compensation for teachers has advanced 
about three dollars per month. The school districts enter into 
competition with each other to procure the teachers prepared at 
the )nstituti'>n, which has been wholly unable to supply the de- 
mand. The teachers educated at the Andover Seminary, in Mas- 
sachusetts, command readily a compensation for their services, 
which enables them to devote themselves to teaching as a perma- 
nent vocation. The same effects which have been produced in 
the neighborhood of the St. Lawrence academy will be visible 
elsewhere, when the same opportunities of observation are pre- 
sented; and when the training of teachers is reduced to a systenn, 
and the standard of education in a few schools is raised to its pro- 
per elevation, the sound judgment and liberality of the great body 

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No. a] 31 

of the people may be safely relied on for the extension of these 
improvements to every part of the State. 

It has, indeed, been said that in establishing systems of public 
education the government, and not the people, must give the im- 
pulse. But, however true the observation may be of other coun- 
tries, esperieuce has shown that it has no application to our own. 
The foundations of the common school sy8t:;m, which cxisU un- ' 
der difiercDt moditications of form throughout the northern and 
eastern States, were in most cases laid by the people, without 
the aid of the public authority. If there is any one sentiment 
with respect to our social condition which has prevailed more 
generally than any other from 4he earliest times, it is a deep 
rooted conviction of the importance of education for all classes. 
With regard to the extent to which intellectual cultivation should 
be carried in the common schools, opinion has certainly not kept 
pace with the progress of improvement in other matters; hut as 
has been already 'suggested, the evil has grown out of the imper- 
fect methods of instruction in common use; and in order to securo 
the correction of the evil the necessary improvements in common 
school instruction must be brought under the same intelligent ob- 
servation in which the foundations of the system were laid. If 
this be done, it is believed that no compulsory measures will be 
necessary to ensure their adoption. 

It was for a long time contended by the most profoond writers, 
that the support of religious societies could not be safely entrust* 
ed to the voluntary contributions of the people. But our experi- 
ence has completely overturned the arguments on which this fal- 
lacy is founded; and it gives us the strongest assurance, that the 
tame enlightened sentiments which have so liberally sustained the 
established systems of religious worship and instruction, will, with 
equal liberality, austain those systems of early moral and intel- 
lectual cultivation, without which the generations to succeed us 
Would neither be fitted to discharge their duties to themselves, to 
their country, nor to the Power on whose providence depend the 
destinies of alL 

Id the last annual report of the Superintendent, he stated brief- 
ly the principal branches of study, which were deemed essential 
to every individual, in order to fit him for the discharge of th« 
duties of citizenship. The importance of the subject, and the in- 
creased attention which popular instruction has recently attracted, 

DigmzecDy Google 

33 [AesEMBLr 

will, he trusts, be deemed by the Legistatnre, a lufficient apology 
for repeating the enumeration then made, though no legialativo 
action is required. 

Qrammar. So much aa is necessary to a correct comprehension 
of the difierent parts of speech, and such a course of exercises in 
parsing as shall render the student familiar with the practical ap- 
- plication of the rules which jfovem their relation to each other. 
This branch is usually commenced too early, and much time ex- 
pended to little or no purpose. 

Geography, A thorough knowledge of the geography of the ' 
State of New- York and of the United Sutes, and so much of the 
. geography of the earth, political as well as physical, as treats of 
its general divisions, of climates, soils and productions, and such 
elementary statistics as are usually engrafted upon geographical 

History. A familiar acquaintance with the history of the United 
States; and the elements of general history. 

Arithmetic. The usual course as far as and including the Rule of 
Three. To this course should be added the elements of geometry. 

Civil and Criminal Jurisprudence. A few practical rules of the 
former, and so much of the latter as points out the offences, to 
which penalties are annexed by law. These may be compressed 
into a very narrow compass. 

Constitutional Lavs. The form of government and the fundamen- 
tal principles of constitutional law. A knowledge of these may 
be best obtained by studying the Constitution of the United States 
and the Constitution of the State of New- York. 

r'- The Duties of Public Officers. So much as relates to our State, 
eounty and town officers. A brief and well executed treatise on 
this subject has already been prepared and published. 

These subjects may be studied \vithout difficulty, and without ad- " 
ding to the time necessarily devoted to elementary instruction, by 
retrenching from others, which occupy too much attention. A 
great deal of time is lost by commencing the study of grammar 
at too early an age, and committing to memory abstract rules, the 
reason of which is altogether above the comprehension of tho 

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Ko. 6.) at 

leaner. Tha result is, that time it misspent, and there is danger 
also that a distaste may be created for study, by tasking (he mind 
Vith acquisitions which it cannot understand, and in whicli it feels 
00 interest The memory may be more advantageously exercised 
in treasaring op useful knowledge oa a level with the capacity of 
the learner; and by directing the attention to suhjects which awa- 
ken interest, apjdication ceases to be a task. 

It was stated, in the last anouai report ot the SaperiBteodcDt, 
that, from tbe mode of enumeratioD adopited in tho public 8oho<^ 
in the city of New- York, under the provisions of' the law, tbe 
whole extent of the efibrta and suoceaa fit the Public Sdiool Soci> 
«ty was not exhibited; Tbaa, ahhough the i«^x>rt stated the num- 
ber of pnpils in the- schools in the year 1S83, at five thonsand five 
hundred aod twenty-three,' yet the actual number receiving in- 
struction during a portion of the year, was seven thomasd and 
twenty-six. thiring'flie year leSS, the efforts (rfthe Society have 
been more succesafiU than in any previous obo. Althoagb Iba- 
namber of children receiving instruction is stated in Abstract A^ 
at seven thousand seven hundred and thirty-one, the actual nam- 
ber, who were registered and received ioetraetioa during a portion 
of ^tt year, is thirteen thousand five himdred and eighty-eight 
This great ineremse in the namber of children receiving instmo* 
tion in the city of New- York is highly creditable to the Society: 
and, aMiough many must still be withtHit tbe betiefits of eduoar 
tion, the number is regularly diminishing. From the zealona e>< 
ertions of the individuals connected with tha Society, there ia 
every reason to anticipate that the existing deficieiMaes will be 
brought within still narrower limits. 

The whole number of schools under the control ctf the society 
is stated to be forty-five. But tho actual number having in some 
respects a distinct organization, is seventy-five. Of these, several 
are frequently found in the same building; and in such cases, they 
are considered as one, and are so stated in this report 

A copy of the report of the commissioners of school money of 
ihe ciiy and county of New- York, ia herewith annexed, and mark- 
ed G. 

The introduction of such improvements into the course of common 
school instruction, as will make it equal to its high purposes, is an 
[Assem. No. 8.] 6 

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M [AsefiMBLr 

object which may jiutly cliim the couDteaance and co-operatioa 
of ail claBsea. On our conuDon achoolt we muit rely to prepare 
the great body of the people for [naintaiiiing invioTate the rights of 
freemeo. If the political fabric caesot Gad lo the public intelii- 
geoce a basia broad aod firm enough to uphold it, it cannot long 
resist the shocks, to -which, throu^ the collision of conteoding in- 
lereats, it is continually exposed. Forty-nine ont of every fifty of 
our citizens, receive their education in the common acbools. As 
tkey advance to manhood, they are, for the moat part, devoted to 
manual employments. Looking to their own industry a> their on- 
ly resource, and to its fruits as the bouadaries of tbeir personal de- 
nrea, the object nearest their hearts is to see tbeir cmuitry pros- 
perous, (he laws administered with <Mder and regularity, and the 
* political importance which the Constitution has secared to them, 
tnaintaiqed undiminisbed. The controversies to which oonfiicting 
interests give birth, are to be put at rest by their decisions. In 
the questions of policy which are presented to them, coostitu^onal 
principles are frequently involved, and the relation they bear, and 
may in all future time bear, to the government, is directly or indi- 
rectly aSccted. How important is it that their dectsions should 
be as enlightened as they will be honest; that with every motiva 
to be upright and conscientious in the exercise of their poliUcal 
rights, they should combine also the capacity to maintain them with 
independence and discretion I If they shall ever cease to bring to 
the settlement of these great questions a sound and enlightened dis- 
crimination, they eannot fail to bec<Hne the dupes of artful leaders, 
and th«r country a prey to ioteroal discord. From the genius of 
our political institutions, popular edooation is oar only security 
against present and future dangers. Ignorance is said to be the 
parent of vice: with us, it would also be the parent of those fatal 
disorders in the body politic, which have their certain issue in an- 

Happily, our system of public instruction embraces within it al- 
most all who are capable of participating in its benefits. Our only- 
remaining duly is, therefore, to provide that it shall not, at any fu- 
ture day, be reduced to narrower limits, and that the standard of 
education shall be so advanced, as to secure the highest possible de- 
gree of intellectual cultivation. 

Superintendent of Common Schools. 

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htereoMe of the JWnrf. 
Bond! for Isnds taken thit year, viz: 
For aalei of the laudi by tiie Surveyor- 
General, $a&,sm 55 
do do by the Attorney- 
General, under foredoaure of mortg's, 488 87 

Transferred iiroiD the General Fond to dis- 
charge the amount due from that fond 
to the capital of this, IM,081 43 

Bonds for loans taken tbi* year, viz: 
Pot tales of premises by the Attorney- 
General, under forefilosure of mortg's, 00 

For loans of the capiut of the fond •10,300 00 

^ 10,300 OO 

Moneys received into the treasury this year, viz; 

For prindpol of bonds for lands, tSO,??! 69 

do do for loans, 8,195 09 

do loanofnea, 507 78 

do loan of 1702, 14,037 37 

do loanoflBOS, 13,587 10 

For first payments on sales of lands, 9,976 40 

For canaf stock soM to the CommiHiooera 
of the Caoa] fund 100,000 00 

•173,135 M 

For prindpal of bonds for lands sold for 

arrears of eonsideration is 1883, 1,145 80 

178,381 43 

•883.860 3« 

/>iitiwii^t(m of the Fund. 
Extinction of principal of bonds for lands, viz: 

By payments into the treasury, ^0,771 89 

By reversion onder the Surveyor-Gene- 
ral's resales for non-payment of consi- 
deration 6,489 87 

By foreclosnre of mortgages by the At- 
torney-General, exclusive of first pay- 
ments, 1,397 81 

By redemption of lands sold for arrears 

of consideration inl881-4, 1,145 80 

By sales for taxes, the premises being 
bid in ibr the Sute. 376 51 

Carried forward,.... • 

.coy Google 

Mo. S.] 85 

Broagbt forward,.... $ 
By tratufer to book of doabtful debts in 
1833, balance due on foreclosed mort- 
gages, 362 00 

•40,343 44 

Extinction of principal of bondi for loans, viz: 

By nBymmts into the treasmy 99,196 00 

By foreclosure of mortgages by the At- 
toroey-General, exclusive of first pay- 
ments ~. 00 

— 8,186 00 

Extinction of principal of 

Loan of 1786, by payments into fbe treasury, 567 78 

do 1793, do do 14,087 37 

do 1808, do do C13,687 16 

By foreclosure of mortgages bought in for 

State, 673 36 

14,260 42 

Canal stock sold to the Commissioners of the Canal fuhd, 100,000 00 

Moneys paid out of the treasury this year, viz; 
For bonds belonging to the General Fund, 
transferred to tnis, to discharge the 
amount due from tbat fund to the capi- 

Ul of this, tlM.OSl 43 

For loans of the ci^ita) ».... 10,200 00 

178,381 -43 

•S46,B8a 88 

( B. ) 
Conunon School Fund. 


btimaMd nTMKw 

Bonds and mortg*! for lands sold, 

do do for loans from 

the capital, 

Balance doe on loan of 1786 

do do 1782,.... 
do do 1808 

Canal atock, bearing u interest of 

•800,860 73 

40,655 00 

3,826 67 

201,000 66 

386,198 04 

280,000 00 

180,000 00 
60,000 00 

48,000 00 

2,600 00 

800 00 

12,000 00 

18,000 00 


in the 
in the 

atock of the 


stock of the 


8,600 00 

11,780,645 80 

•108,400 00 

.coy Google 


To this fuad alio belong all tho uDsppropri&ted landa ownBd by 
the State on the fint of January, 1 S23, ana yet remaining unaold. 

Estimated revenue and actual receipU on account of the revenue of 
the School Fund, for 1834. 

E«tin«t-d KTMUl. 


Aoliial imnpM far 

InterflBt on bonds and mortgagea foi 

■chool fund landi sold, 

do on bonds for loans from the 


do on the loan of 1786, .. 

-do do 1783 

do do 1808, 

40,000 00 

1,700 00 

500 00 
18,000 00 
SO, 000 00 
16,600 00 

11,500 00 
8,500 00 

100 00 

87,663 n 

1,870 04 

810 IS 

12,805 67 

30,134 46 

16,500 OO 

12,060 00 

8,750 00 

288 72 

Dividend on stock of the Merchants' 


do do Manhattan Co. 

Rents of land 

Clerk's fees 

Interest on money in the treasury,. 

•106,800 00 

•104,800 7a 

,0, Google 

Mo. ft.] 8? 

( r. ) 
Common School Fund, from 1806 to 1835. 

Tie foUmeing table exhibits ike capital of the School Fund, aceord- 
iia to the annual reports of the Comptroller, from the foundation 
vf the fund in 1805-6 to 1885; also the annual interest or reve- 
nue derived from the fund; the amount annually apportioned 
from the State treasury, and the increase and decrease of the ca- 
pital each year, for 29 years. 



SoiD unmllr pud 

Iiwrau* of capild 


hm Steb. It4^. 



58757 24 

Not Stated. 

[No distribu- 


163163 96 


tion to be made 

134405 72 


807164 56 


until the reve- 

124001 60 


890637 15 

24116 46 

Due atnouuted 

83473 59 


428177 91 

20480 77 


37540 76 


483326 29 

36427 64 

56148 38 


558464 09 

45316 95 

75138 40 


630758 07 

47612 16 

78298 38 
185306 87 
89392 95 


833064 94 

57248 89 


661457 89 

57539 88 


934015 13 

'64053 01 

60000 00 

72557 34 


982243 36 

69555 29 

60000 00 

48227 13 


971861 81 

68770 00 



1103949 09 

70556 04 

60000 00 

183587 78 


1239076 00 

78944 56 

70000 00 

12512S 01 


1315536 00 

77144 66 

80000 00 



1152630 67 

77417 86 

80000 00 



1I55S27 40 

72515 09 

80000 00 

8196 88 


1172913 28 

75315 05 

80000 00 

17085 88 


1388800 47 

- 81815 41 

80000 00 

115396 19 


1819886 40 

86429 98 

80000 00 

81576 99 


1358477 64 

81381 00 

100000 00 

8SS91 18 


1011096 80 

89034 96 

100000 00 

357619 le 


1684628 80 

94626 25 

100000 00 

78632 00 


1601081 24 

100678 60 

100000 00 



1096748 66 

80043 86 

100000 00 

85602 43 


1704159 40 

98755 31 

100080 00 

7415 74 


1736175 28 

109117 77 

100080 00 

31015. 88 


1754046 84 

104390 78 

100080 00 

18871 56 


.1700545 30 

38498 46 

•1500240 00 

1643603 00 

. •! 0,880 96 
13,550 00 
63,895 48 
23,547 66 



The sanw placed io the column of "reveniM or interest," io the 
foregoing table, are generally estim&tea, prior to the year 1825; 
from 1825 to 1834 inclusive, the lumt actually received into the 
treasury on account of revenue are given. The deficienciei in the 
annual revenue of the School fund to meet the apportioDtnent. have 
been paid trom the General fund, and are as follows: 

1819 (13,500 00 

1820 7,000 00 

1822, 0,300 81 

1828, 8,000 00 

1S24. 9,000 00 

1825, a,630 26 

1827, 18,618 10 

1828 10,965 04 

1629, 5,S73 75 

1830, 19,956 14 

•104,358 10 

The total amount paid from the General fund to make up defi- 
ciencies in the revenue of the School fund for the annual distribu- 
tion to the schools, is l>104,353.10 cents. Of this sum, «22,000 
has been refunded, in compliance with laws of 1820 and 1828. 
The loss to the General fund by contributions to the School fond 
revenue, after deducting the latter sum, is $81,853.10. 

.coy Google 

No. 8.] 

< «• ) 

Tke eomnuanonera of ichool tnoDejr of the city sod couo^ of 
Tfew-York,^!!! compliuioe vrUh 4ke roquintion of the lUtute, 

That the balance at their credit la the MechanicB' Iwnk, at the 
date of their last report, was two hundred and seven dollars and 
forty-seven coits, from which was drawn, on the 61h of December 
last, to defray the expenses of vtsUatioii, eightjr-ons dollars and 
eigfaleeD cents; leaving a balance in bank of one hundred and 
Swraty-six dollars and twentjr-nine cents. That oa the 7th of 
June last there were deposited in the Mechanics' bank^ to their 
credit, the following sums, vie: 

Ten thousand five hundred and seventy-six dollars and fil^y-six 
cents, being the quota of the State School fund for the city and 
cooDty of New-York, and ten thousand £ve hundred and seventy- 
si^ dinars and fifty-six cents by the corporation of the city of 
New- York, being an equivalent t« the tjuota of the State School 
fund, and the further sum of seventy-two thousand six hundred and 
£fiy-one dollars, the amount of special tax raised by the corpora- 
tion of the city of New-York; maJdogin all (including the balance 
above oteotioued,) ninety-three thousand nine hundred and thirty 
dollars and forty-one cents, received by the commissioners during 
the last year, aiid which has been distributed in confornnity to tho 
ordinance of the common council of the city of Kew-York, desig- 
nating the schools which nre to participate therein, as follows, vizi 




To the trustees of the public sdiool 





S,341 21 
1,«IS U 
1,60S 44 

106 11 
8S7 09 
1,460 17 
6M 61 
176 85 
400 S6 


Roman Cath«lic orphan asylsim, 

Tmsleea of the institution for in- 



Tmstees of the Yorkville school, . . . 
Trustees of the Harlaem schocds,. . . 
Trustees of Uis Manhattanville school, 
Trustees of the Hamilton school, . . . 




Total diitributioB 


•61,148 40 


The commissioners further report, that as the school on Long- 
bland farms is beyond the limits of the city and county of New- 
[Assem. No. 8.] 13 

Digitizecy Google 

•0 [Ahsmlt 

'Tort, and io which 3S4 Bcbolara were educated dunn|> the last 
year, and for which the public school society claimed b distribu* 
tion of two thousand seven hundred and fifty-eight doUaia and 
eighty-«ix cents, it was decided by the cocniBissioaers that this sum 
should be retained and left subject to the determination of the Su> 
jperiDtendent of Commoo Schools, to whom, in conformity with the 
statute in such cases provided, it was supposed an appeal would 
be made by the parties claiming the same. This amount, together 
with n fractional balance of twenty-three dollars and six centSy 
making in all two thousand seven hundred and eighty-one dollars 
and ninety-two cents, now remains at the credi t of the commission- 
en in the Mechanics' bank, and unless otherwise directed by the. 
Superintendent of Common Schools will form part of the fund for 
distribution the ensuing year. Reference being had to the forego- 
ing statements of distribution, it will be perceived that the number 
01 scholars on the registers of the schools is nearly double that of 
tho number in actual attendance. This difierence is owing to the 
irregularity of ihe scholars, for which, if « remedy could be de- 
vised, it would be desirable. 

The commissioners cannot close their' report without expressing 
their entire satisfaction and approbation of the assiduity and at- 
tention of the trustees of the public school society in their efforts 
to extend to all who will avail themselves of the opporluntty of re- 
ceiving that education so well calculated to qualify them (or the 
various relations in life and future usefulness. They would also 
congratulate them on the speedy prospect of having it in their 
power, by -the means of their primary schools, and the erection 
and establishment of larger schools in those sections of Ihe city 
where they may be required, fully to accomplish- the laudable de- 
sign of those benevolent citizens who first projected the planof the 
public school society, and that they will have the satisfaction of 
knowing their labor has not been in vain. Nor would it be just on 
the part of the commissioners to withhold that meed of praiso 
which is due to each and every society having charge of other 
schools in our city, and to each of the benevolent individuals 
having the care of thoee best of chatitabic institutions, the aayltuna 
for the orphaoa, in which schools have been ealabllshed, and which 
alike participate in the fand, for their care and attention, which is 
fuj ly evinced, not only, in the increased number of scholars, but al- 
so in the improvement manifest at the recent examinations made at 
their visitations. 
_ Jn conclusion, the commissioners would consratuiate the hooora- 
b'e the corj oration and the Suponntendent of Common Schools, on 
the progress of education in this city, the increase of schools, and, 
u far as. examination can test the progres^ve advancement of the 
scholars, the selection of teachers, tho improvsd and extended ays* 
tem of edscation, sfibrd ample testimony of the cue and atteatioD 
of the trustees of tha several schools under their supervision. 

JVtv>-¥ork, JVbv. 30, 1S84. 

By order of the Board. 


Sahl. N. DonoB, Sec. 

.coy Google 

I, Abraham Asten, clerft of the city and county of New-York, 
do hereby certify, that the foregoi^ is a true copy of the report 
of the comnalsaioners of school tBoaey of the city aad county of 
New-York, received and filed in my office on the 29lh day of No- 
vember, 1834. 

In testimony whareoA I have hereunto set my hand aod 
{l. «.j affixed the seal of the said county, this first day of 
December, 18S1. 

ABM. ASTEN, Clark. 

{ H. J , 

Local .Schocd Fund. 

Lois reserved for the support of the gospd and schools, and th« 
funds arising therefrom. 

The act passed in 17S9, for the sale of the lands belonging to the 
people of this State, required the Surreyor^General to reserve in 
each township one lot for the support of the gospel, and om lot for 
the nse of schools in such township. — S R. S. p. 24S. 

The followiag is a list of the priacipal reservatioiw of this na> 
ture, viz: 

One lot of 550 acres in each of the 38 townBhi]tt in the Military 

Forty lotsot'S&O- acres -each ia the twenty townshipa westof th« 
Unadilla river, 1>eiag 10,000 acres. 

One lot of 640 acres in each of tW townBhip» of Fayette, din* 
ton, Greene, Wirren, Chenango, Sidney and Hampden, in the 
counties of Broome and Chenango. 

Ten lota of 640 acres each in the townahips along the St. Law- 

Sixteen lots, of 94/0 acres each ia Totten and CroBsfield's par> 

Ia the township of Flattsburgh, 400 acres were reserved for the 
use of a minister of the gospel, and 480 acres for the use of a ptib* 
tic school or schoolsin the said township. 

Is the township of Benson, 840 acres w«ro reserved for gospti 
and schools. 

The Local S<^iool fund, established by the sale or rentiqg of 
these tots, as well as from other aources, are given in the peporti 
of the comtoissioners of the several towns, and are as followa; 


S*dover — Prom town fund, $4 4^ 

Eagles—From poor fund, 34 IT 

Groee — ^From town fund, 9 49 

hdependence — From town fund, 27 21 

Rmshford — From oreneer of tb« poor, ..* 10 00 

•7ft «» 

DigmzecDy Google 

9Z {Ai 


CoZemUe — From gospel and school Unih, f91 38 

Sanford—Frota town fund, n 09 

I7iuon — ^From town fund 34 04 

Whidmr — From-goipel and school laodr, ............ &6 44 

•348 Tl 


J^KKfofe— From townfnndr |}4 8» 

Little-Valley — From overseers of the poor,..,.... ....^ 38 99 

Machiaa — Fronn town fund, 3 10 

^Bw-ABtum — From town fund, 18 69 

Ofeon— Frolta town fund, 19 37 

•T8 S4 

Auburn — Frompnblic lands, 919 38 

Aure&ju — From public lands, 17 67 

Brutu* — From town hnds andfonds, ......,.,. 127 46 

Caio — From gospel and school lands,., , 8860 

Conquett — From gospel and school lots •82.13; from 

town fwd, 90.92, S8 04 

Flerning — From school lot, tlO.T?; from supervisor, 

•6.78. 16 50 

Genoa — Interest of town funds ' 4S& 87 

Ira — From gospel *nd school fund, •36.06; from poor 

fiwd, 96.80, 43 8& 

Ledvard — From town fund, SIS 18 

Locke — Fnnn gospel and lot, 73 6S 

Mentx — Interest on bonds and mortgages, •34.73; 

from gospel and school lots, 9240. &0, 376 38 

Moravia — From gospel and school lot, 60 00 

AUes — From gospel and school lot, 83 63 

Owatco — From town tot, 100 00 

fitipio^Interest on town sureties, 332 64 

Sevqnmtiut — From gospel and school lot, 38 38 

Samet — From town fund, 146 3S 

i^niMgport — ^Interest of town moneys, 48 10 

SUrling — Interest on school fund, 18 89 

Sidnmo^Bt/f— From school tot, 107 SO 

Fextce — Interest on bonds and mortgages, 183 98 

Hclory — From gospel and school lands, iO 41 

•3,806 88 


ihMl>— From overseers of the poor, ^SS 18 

EU«n/-~Trota overseers of the poor, 19 40 

.coy Google 

No. 8.] OS 

Cr«rry — Prom town fund, 911 40 

fbt-mcmy — ^From OKerseen of the poor, »...* 90 SS 

JtfiMo — From town fund 5 68 

Portland — From town fund, ' 35 48 

Skemum — ^Interest from town fund 39 

VUltmina — ^From overaeers of th« poor, 73 69 

«35< 16 


Bmihridgt — From goapsl and literature lands i398 1 1 

Colmmbna — ^From gospel and ichool lots, 08 94 

Owenlry— From school landa * * ■ ■ 80 IS 

Guf^oro — ^From goipel and school lots, 4S 13 

Oreena — ^From town lands, 98 00 

Macdomngk — From town agents, 105 S4 

Jfeio-Ber^ — From gospel and school fund, 114 75 

OUsAc— From school land, 80 71 

Oxford — From gospel and school fund, 46 60 

PiiarsaUa — ^From gospel and school lands, 78 53 

i>^iiunilA—FrcHn Uod agent, 85 88 

Pre$ton — ^From goepel and school funds, 54 71 

Skerbmme — Interest on bonds and mortgages, 108 31 

Sii^rraa— From school lands, 105 43 

•1,398 94 


CAoMp/om — ^Interest of poor fund, 968 88 

CAow— Prmn town fnnd, 19 70 

£Untfrii7;;A— From town fund, U 90 

Jtfooers— Prom town fund, •13.64; frwn school lot, 

|i2.50 as 04 

PlatUbvrgk—From town fund, > ^i 62 

•300 30 

G»ehuuUu» — From school lot, #87 06 

CortlatidvilU — From gospel and school lot ISl 87 

Freetown — From gospel and school lot, 10 90 

Homer — From gospel and school lot 184 00 

Marathon. — Prom gospel and school lot 48 88 

ifrft/B— From public lands, .-.. 118 66 

&oU~InlereBt of town fund 95 51 

&/(m— From public land 00 69 

THwtoM— Prom public lands, 341 65 

Tlf^Sri^ReBt of public lot...... 141 90 

$1,099 87 

.coy Google 

04 [Aw 


FrankSH — From orertaers of the poor, $S SO 


Buffalo — Interest on bond and mortgage, 931 55 

Owicord — ^Prom overseers of the poor, 20 28 

Collms— From poor fund 100 00 

Eden — Prom OTerseers of the poor, 7 59 

Holland — Excise money, 34 84 

Sardinia — ^From school fund, •.• 54 00 

•238 24 


Keene — From overseers of the poor, 430 16 

L«ma — From overseers of the poor, 90 86- 

JMiturtia — ^From overseers of the poor, 22 72 

•152 74 


DicMnton — ^From town fund, %. 921 85 

Duane — From various sources, 11 88 

Moira — ^From town fund, 56 08 


Bethany — From town fund, 923 27 

Btrgen — Poor money, , 40 00 

Java — Prom supervisor of Java, 33 89' 

Perry — Interest of school money, $l->74; from overseer 

of the poor, C4.34, 6 9S 

Wetkcrrfield — From town fund, 8 88 

•86 02 


Fairfield — From Hiram Knowlton, esq 46 41 

Frankfort — From town fund, 16 80 

Warren — Prom town fund, .< 14 78 

•87 04 

Broolcfield — From school lands, •937 85 

Eaton — From school lands, •78.80; from John Fai^ 

well, •4.09 83 89 

.coy Google 

No. S.] 95 

Owrgetovm — From gospel And school lands,..'. 974 88 

Hamitton — ^Prom school agents, 63 41 

Lebanon — Prom school landa 58 87 

JUadison — From gospel and school lands, 183 M 

JVe/ioR — From school agent, 104 64 

^mill^eld — From overseers of the poor 68 08 

•853 42 

L(Ae'PUasa»t — From town fund 96 99 


HartlanA — From town fund .'. 913 65 ' 

Loekport — From town fund 51 39 

Jfeut/ane — -Town moneys, 30 94 

Porter — FroKI town fund, i . . 30 !^ 

fPUsoR — From oTerseers of the poor, 50 00 

•178- 50 

Boomville — From town fund, t77 84 

Bridgewater — From town fund, 50 00 

Rttiuea — From town fund. 112 63 

Sarxgerfieid — From school Tands, 1 13 00 

Trmton — From town fund, 23 71 

•375 83 

Cictro — From gospel and school lots tl 18 98 

Clai/ — From gospel and school lots, 159 67 

FaHui — From gospel and school lot, *« 134 86 

La Fayette — From town fund, .,., 232 31 

Lytander — From public lot, 35 00 

Man&ttt — Prom town lot, 612 78 

Marcellvs — From town fund, 3)4 87 

OtUco — From gospel and school fund 153 87 

Powtpey — From town lot, 301 1 1 

SkanealeUt — From gospel and school lots,.. 318 86 

Spajford — From gospel aod school fund, 186 69 

Sahna — From gospel and school lots, 187 37 

TftUtf — From gospel aod school lots, 103 78 

•3,708 89 

Mimuink — From overseers of the poor, 975 86 

" ** I town fund, 36 00 

.coy Google 

90 [AcBaMBLy 

AVtofturgi— By vote of town, S»4 6© 

WafttW— Prom supervisor, 28 3tt 

•458 90 


Ri^eway — ^Frotn town fuod, 44& 14 


Oranby — From gospel and school lot, tl08 70 

Hannibal — From gospel and school lot, 151 00 

Otwego — From gospel lot, 175 88 

•435 58 


Edmeiton — From town fund, «..■ •340. 05 

Exeter — From school fund, 10 08 

#250 18 

Ojfiter Bay — From the sals or marsh grass 9359 64 


Day — From town fund, 915 00 

Edinburgh — From town'fand, 38 53 

Wattrford— By vote of town 76 74 

•180 37 


Covert — From town fond •365 95 

Fayette — Prom town fund, 401 87 

Junius — Prom bonds and mortgages, 30 30 

Lodi — From bonds and mortgages : 368 37 

Otitd—From town fund, 894 39 

Romulut — Prom town &nds '... 314 31 

Seneca-Falb — From gospel and school lot, 60 16 

t^/re — From gospel and school fund, 89 04 

rami— From town fund, 303 84 

•1,907 08 


Canton — From public lands, '. . •IBS 00 

i>e AaO— From public lands, 107 13 

Fowler — ^Prom poor fund, 83 63 

.coy Google 

^omvememr — ^Frem gotpd toi «chool lot, tlM M 

Simmnd — From town fiiod, ...., >..<.•.<■. SSIM 

Herman, — From •veneert of the poof, ....*,.......«. M tS 

AipintMi — From poor fund ,... ....».,... 11 .48 

Lawratce — From or^neers of the poor, ,^,^ 6 77 

JAthm — Ffwa towo fuodi...... ..,, ..--,.,,........ M 78 

Lunuttt Ule — F rom public Jands,...,. 3S to 

Jlfit^^-^rom puUto knd, •40.87; Aon school laai, 

•I7.S1, , 68 jB8 

Jtfi»mstowii'^rom-eveneenDftkepoor,|S5.89; fron 

■cbooi Iftod, 824.92, :.... SO 08 

JOnfiUt — From lupervisor and *diool fooA^ 81 1.14; 

from paUic land, 8&0.ft3. 01 87 

OnoflpoIeAie — ^From icbool land,...-**..... «.■•• 43 61 

Pou£im — From goapel and lot, 326 69 

JtoM»0 — From ichocJ fund, 8S tS 

JtaMcif— From school fund, ,...-. 46 S8 

Stocikolm — Fronachool fund, , 80 58 

•1,205 as 


3alJb— By voteoftowo,....>. ...^„ fWW 88 

ItaasvUk — ^From oreneen of the peor, 88 IS 

Jbyop^-From orerseors of the poor........... 36 68 


^allAnrgh — Poor money, 860 57 

Mtoekhmd—Vrom towa fand,., 34 18 

•84 T» 

CtofiUa — ^From oreneera of poor, .................. 836 08 

nigo — Fnaa overMers of poor,.... 18 68 

•48 86 


Ihifden — From goapeland school lot ^88 60 

JSa^eU — From gospel and school lot, ' S45 4T 

Oroto* — From public lands, 182 44 

Hector — From town fund, 706 17 

UJuuM — Fr«Bi gospel and school lot, 490 88 

itntring — From town fund, 417 44 

•8,765 51 

[Aiwm. No. 8.] IS 

.coy Google 


MSngttim — ^From receiTer of Middle District hnA, .... |1S 9S 

MtnletouM— From receiver of Middle Diatrict bank, . . 49 02 

Mechater — Fron reoeirer of BSiddle District bmk, .... 1 1 SS 


BoUon-^Trom oveneen of poor, 
Ckeater — From town fund, .... . 


Jhgfle — From Ute supervisor, 9S03 

OniMviiie — FrtNn supervisor ..*... 81 Bl 


Oalen — From gospel and school lot, 9193 50 

Stnamuih — Fromsebool fund, 93 43 


Allegany, »75 37 

Broome 848 71 

Cattaraugot, 78 84 

Cayuga 3,300 88 

Chautauque 353 16 

Chenango 1,308 94 

Clinton, 200 30 

Cortland, 1,090 87 

Delaware, 8 50 

Erie 388 34 

Essex, 03 74 

Fraoklio, 89 S3 

Genesee 06 03 

Herkimer, 87 04 

Madison 853 43 

Montgomery, 5 39 

Niagara, 170 50 

Oneida, 375 83 

Carried forward, • 

.coy Google 

Ma. 8.] 

Broaght forward, • 

OnoDdaga, a,TOS e» 

Onogp, 468 90 

Orleuu, 4S U 

Oswego...... 486 68 

Otaugo. 351 IS 

<lueeiM, 359 64 

Saratoga, 130 37 

Ssoeca, 1,907 08 

SL LawveMS, 1,306 83 

Steubeo, 809 71 

Sulbvait, * 84 73 

l^oga...... 48 86 

Tmnpluiu, 3,786 61 

Uliter, 78 16 

WarmB. 31 10 

WaahiagUm, 84 88 

WajTM^ 284 93 

•1%&S8 S« 

.coy Google 


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N«. S.} 

Akxandet't Oramiiutr ia used in one town in Franklin tod one 
in Wa8biagtoiia2. 

^nia-icon Hutoty is ased io one town in Otaego>»l. 

■AmHcss tint Clou Book is used in one town in Columbia and 
one in Esse^^ofl. 

Amxrieon batructmr is used in three towns in Rensselaer and one 
in ScbenectadjM^. 

Blok^a ChmiMtry ia used in one town in Montgomery-nl. 

The Bith is used in one town in Albany, two in Delaware, one 
in Franklin, one in Montgomery, one in Oneida, one in Orange, 
one in Queens, one in Steuben, and one in Tiosa*>sl0. 

Bentit^$ butntctor is used in one town in Aluany=l. 

BudePa Historji is used in one town in Chautauque— 1. 

BlatT^M Rhetmc is used in one town in Chenango, one in Clinton, 
one in Dutchen, one in Greene, one in Herkimer, one in Scfaenec- 
Uuly. and one in Wayne»7. 

BartUtt'i EngHih Reader is used in one town in Cortland and 
one in Lewises. 

BlaJufa Pkilotophy is used in one town in Dutchess, one in Eric, 
cme in Livingston, one in Putcam, and one in Saratnga=36. 

Blak^a DUtUmary is used in one town in £rie=i, 

B&wditck'$ JVavigaUoH is used in one town in Kings and one in 

BeHnefi Book-Keeping is used in one town in King»^]. 

Jtobcocft's .Srithmme is used in one town in Oneidai=l. 

JSoUiom's Primarif AitiOMtic is used in one town in Oraugeal. 

Burkan^ Mmenclature is used in one town in Qucenss=i, 

Bmrkan^ SpelSiig'Book is used in one town in Ul8ter=l. 

Bruf Beauu-ker is used in three towns in Columbia, one in Del- 
«ware, one in Greene, one in Livingston, one in Ontario, and one 
in Ulatep^^. 

BoHiufcastIi^$ MimMuratimt is used in one town in Kings^l. 

CkUtCi hutruetor is used in one town in Dutdiess and one in 

ChiUfs Oitide'n used in one town in Rensselaen^l, 

OoM*> Dictionary is used in one town in Chautauque, two in 
ChenanjFo, one in Cortland, ono in St. Lawrence, oue in Tioga, 
one iu Tompkins, and one in WayneBEg. 

Cobb's tSrithmetic ia used in two towns in Chenango and one in 

CMft Sequel is nsed in one town in Delaware and one in Tio- 

Cobb'e Reader is used in (me town in Queens, one in Tioga, four 
in Tompkins, one in Ulster, and one in Wayne=c=8. 

Clut^a Geography is used in one town in Kings=l: 

Oileman'a Mental Arithmetic is used in one town in Montgome- 

Ctbtmbian OnUor is used in one town in Franklin, one in Mont- 
gomery, MM in Orange, two io Rensselaer, one in Saiatoga, and 
one in Ulater^-T. 

.coy Google 

104 [Amsmmlt 

Omatocff PhUotoph/ u UMd in one town in Cbeaaogo, one id 
Allflganj, OH in Sttieea, aad one in Wtjagtm^. 

(hmttocVa Chemiatnf ia used in one town in ColdUfaU, one in 
Seneca, and one in Way of i g . 

Oomlof'g Ormnaiuir ii aMd in one town in Dutobeee aad «M in 

Comhif'a S^€^Mg-Bntk ia need in mm tmni in WailB hei t — I. 

ColutiMan Reader ia ased in one town in Nh gar —iil. 

Cummin^ M SpelUitg-Bock ia used in one town in Raaaaelner^l. 

Dmgkfi Oeograpky it uted tn one town in Seneca aad one in 
Bafibtk— 8. 

DowUng't Book-Keepmg ii uaed in one town io ffingi i 1 

Diheortk's •Sritkmetic ia mod in one town in Orange and two in 

Dabbit't .Sritkmetic ia used in one town in QneeB»>l. 

Eaton'i Pkilotopky is ined in one town in CohiMA i> »l. 

Emerson' t Arithmetic ii used in one town in Livingilon and one 
in SL Lawrenc»-^. 

EuclicTi Elements ia uaed in one town in Kinga^iil. 

Firat Book of lEttory ia uaed in one town in AlIegan]r>Hi. 

JYinf'* Surveying is nsed in one town in Coliunlna, one ia Dela- 
ware, one in Greene, one in Kings, one in Montgomery, and one ia 

O^ton't Surveying ia used in one town in Kings^l. 

QilUhrantPt Trigonometry is used in one town in Kingi^l. 

Ooodrick'i Oet^rapky is naed in one town in Chantawjue, one in 
Dutchess, one in Ontario, one in Rockland, one in St. Lawrence, 
and one in Steuben m-ig . 

Goodrich'! 8pelHng-Book is used in one town in Rarntnga—I 

CloHgk'i .Srithmeti£ is uaed in one town in Kiagv^l. 

Orikn't Qeography is used in two towns in Saratoga and mm id 

Hatcn's Spel&ng-Book ia uaed in one town in Cbaotanguei il. 

/fazBtt's Speller and Definer is used in eae town in Delaware, 
one in l.ewis, and one in Ooondaffa=S. 

Havme^t Menmration is used in one town ia Kingw il. 

Hard Qeography is used in one toini in Erie, foar in Honaroe, 
and one in Orteansv^t. 

HalPt Primer ia used in one town in MontgooMryMwI. 

Hiitory of South-^Smeriea and Mexico is osad in one lown in 

Hittory of the State of Ji^BK-York ia naed in oae towB in Or- 

Hi*larical Dictionary is osed in one town in Schobaiie>»l. 

Holbrookes Geometry is used in one town in Su^toga^xl. 

IngeriolFi Orammar is used in one town in Dutchess, one in 
Queens, and one in Saratoge~8. 

Jackion't Sook-Ke^ng is used in one town in KingSMsl. 

Jack Halyard is used in two towaa in Genesee} one in Niagara, 
one in Onondaga, and one i» Qo p en a — B. 

.coy Google 

No. 8.] 10S| 

JtfAnson'f Dietwnarjf is uud in one 4owa in Essex &nd one n 

.fime^ Chemutry ia used in one tonii in MoDlgotneryKsl. 

Jones' Jihiitral Phil»tophy is used in one town in Herkiiner=^I. 

Juvauie Expontoria usedio one town in WestchesterBl. 

JuvemiU SpeUij^-Botik is used in one town in Dutchess, one in 
Orange, three in Rockland, and one in Ul8ter=6. 

Juvenile PhUosopher is used in one town in LivinestonBl. 

Xtrkiaud'i Orammar is used is one town in Coruand=K 

Ijoria Survey ia used in one town in SuSblk=l. 

JIfalte Brun's Gtogra^hy is used in ooe town in Chautauque, on« 
ID Columbia, one in Ene, one ia Essex, one in Livingston, one at 
Montgomery* and one iu Oneidap— 7. 

Maclutfa A*dv^atiatt is used in one towa in Kings and one ia 

McCoys Boak-Kee^wg is used ia one town in KingB<»I, 

Moorea Geography is used in one town in Dutchess=™l. 

JUoare't J^Tavigatwn is used ia «ae lows ia Kings and one is 

Murrt^t Sequel ia used in ou« town in Cayuga, three in Put- 
nam, one in Schenectady, and ooe ia St. Lawrence=6. 

Mvrray't hUrodvction is used in one town in Lewis, one ui Ni- 
agara, one in Oneida, one in Orange, two iu Putnam, and ooe i« 

Jtlarrm^M Manual is used ia one town in Oawego=l. 

JVbttona/ Frecepior ia used in two towns in 6reene^=^. 

Jfaiimial Reader is used in one town in Monroe, one in Rensa«- 
laer, one in Seneca, one in St. I^wrence, one in Suffolk, and two 
in WoshingtOBs?. 

JVational Orator ia used in one town in Orleaos^l. 

^eu>-York Reader is used in one town in Ontario, one in Quesas, 
one in Ulster, and one in WestcheBter=4. 

Parker's .S^kmetic is used in ooe town in Delaware and one in 

Parker's ProgreMtve Exercises is used in one town in Sarato- 

Parker's^ Compoakion is used in one town in Schenectsdyssl. 

Patey^a Philosophy is used in one town in Chenango and one ia 

Parlays Stories ia used in one town in Erie, one in Franklin, 
one in Montgomery and one in OswegO'=4. 

Parley's Magaxine is used in one town in Reasaelae^=I. 

Perry^s Dictionary is used in one town in Washington=l. 

Pickett Class Book is used in one town in Kings, one in Orange, 
one in RookJand, and one in SuUivBn^=4. 

Pickets' ShpslUng-Book is used in two towns in Kings, three in 
Orange, ana ond m WeBtche8teT^=6. 

Pickett Grammar is used in three towns in Orange and on« in - 

Pickets' Juvenile Mentor is used in one town inOrange^l. 

[Aasem. No. 8.] 14 

Digitizecy Google 

Popuiiar Lenotu ii used in one town in Montgomery, threo h» 
Orange, one in Otsego, two in Ulster, and two in WestcheBter=g, 

Roman History is used in one town in C1inton<=l. 

Roo^s Arithmetic is used in one town in Delaware, one in Madi- 
soQ, and one in Steubcn=3. 

Scienlijlc Class Book is used in one town in CGntOD>=l. 

Scott's Lessons is used in one town in Bnex, one in Kings, one 
in Montgomery, and one in Orangea=4. 

Sears' Spelling-Book is used in two towns in LiviDgston, five in 
Monroe, one in Orleans, and one in Putnam=0. 

Severants' Reader is used in one town in Oneida, one in Onon- 
daga, one in Seneca, and two in 'W&yjie=&. 

Sever ants' American J^anuat ia used iu one towninOnondagarssI, 

Sequel to Easy Lessons is used in one town in Orleans=l. 

SmalVs Arithmetic is used in one town in ODtano=l. 

Smith's Grammar is used in two towns in Allegany, one in 
Dutchess, one in Essex, one in Herkimer, one in Oneida, one its 
Ontario, one in Saratoga, one in Steuben, three in Snffotk, one in 
Wayne, and one in WflstcheBter=>14. 

Smith's Arithmetie is used in one town in Cattaraagus, one in 
Cayuga, one in Chenango, two in Livingston, one in Ontario, one 
in Orange, one in Seneca, one in Ulster, one in Washhigton, and 
one in Westchester^-Ii. 

Tales from American History is oaed in one town in Otsegonl. 

Hie Young Reader is used in one town in Madison=I. 

Thompson s Arithmetic is used in one town in Essex, on'e id 
Franklin, and one in Washington=3^. 

Todtfs Qrammar u used in one town in Chaatauqoei=l . 

lytler's History is used in two towns in Chenango, one in Clii^ 
ton, two in Dutchess, one in Herkimer, one in Putnam, one in 
Queens, two in Saratoga, and one in SteubeD=lI. 

lira's Instructor is used in one town in Queens=B>l. 

Cmion felling-Book is used in one town in DelawaresnI. 

Universal Preceptor is used in one town in Saratoga»=I. 

Walker's Elementary is used in one town in Niagara-=I. 

Webster's Grammar is used in one town in Madisou=l. 

Webster^s American Selection is used in one town in Montgome- 

Whelple^s Campendis used in one town in Orange^I. 

William's Spelltng-Book is used in one town in Broome, two in 
Chenango, three in Madison, and three in Tioga=9. 

WilUam's Geography is used in one town in Yates=l. 

Willard's Geagrt^hy is used in one town in Chautanque and one 
in RensBelaer=2. 

Willett's Ortunmar is used in one town in DutchesF=l. 

Woodruff's Geography is used in one town in CortIancb=l. 

Woodberry's Geography is used in one town in Onondaga=I. 

Woodbridg^s Dictionary is used in one town in Steuben=l. 

.coy Google 

No. 8.] 

Th* fallowing tabh thtnu the total of the princ^al Booka used, om 
they appear in the r^wrti of the Supertnlendenl for 1827, 1880, 
1932, 1883, 1834, and 163&, from which the ijicreaie and decrtait 
of the towns nnitg the different books can be ascertained. 



English Reader, used in.... 

DaboU's Arithmetic, 

Murray's Grammar, 

Webiter'i Spelling-Book, . . . 


Woodbridge's Geography, . . 

Walker's Dictiooary, i 

Willet's Geography 

Horse's Geography, 

American Preceptor, 

Adams* Arithmetic, 

Pike's « 

Cununing's Geography, 

Olaey's " 

Marshall's Spelling-Book, . . . 


Crandal's " 

Greeoleafa Grammar, 

Iiring's CofumbuB, 

Americao Reader 

Benttey's Spelling-Book, 

Ostrander's Aritlunetic, .... 
History of the United Sutes, 
Willet^ Arithmetic 


Kirkham'a Grammar, . ■ . 

Leavitt's Easy Lessops, . 


.coy Google 

,oD,Googlc . 


No. 9. 


January 8, 1835. 


Of Hinm F. Randolph, Inspector of Sole Leatlter 
for the countj of Tompkins. 

To thm Bon. th« Legitlaiun of t]u State of Jifyw-Tark. 

EndoMd u my anoiul report of lole lemther inipected ivithiD 
tbe oonnty of Tompkiu, from Jaoaary lit, 1S84, to January tlw 
lit, 18S5. 





Side, good,...,.... 
do damaged, .... 
do bad,r. 






M,440 40 
789 IS 
87 00 

•91 00 
16 M 

a, 717 


»7,366 68 

108 68 





JHUm, Auary 1, 18W. 


,0, Google 

DigiiiLOD, Google 


No. 10. 


January S, IS35. 


Of Robert Barnes, Inspector of Hops in the city of 
New- York. 


Id confwinity with fonner practice on the subject of ioBpeo- 
tioa, I herewith transmit a statement of all the hops that have 
passed through my hands, as iDspector of the article, daring last 
twelve months, ending 12 mo. 31, 1834, including western and 
eastern growth; the latter, say eastern, exceeds in quantity about 
a third onorc than our western, the last two crops; Also, obtains 
a preference in the French market, which I should expect would 
■tir up more diligence in our western farmers, in point of culliva- 
Iton and management, acquiring at the same time a more scientific 
knowledge of the nature and properties of the vine. 

There is one part of the process in curing the hops not suffi- 
cienlly understood, or else very carelessly managed; I allude to 
drying the hops on the kiln, as some bales come to market too 
^htly dried, consequently liable to heat in the bale. The ef!cct 
however of drying too much on the kiln, is more to he guarded 
against, as it dissipates the juices and vitals of the hop, that in 
noving from the kiln and bagging, they are trod to pieces without 
ipplying the screws sufficiently, separating the outside leaves 
from the vitals of the pod, injuring its flavor and lessening its 
substance and weight, which it never recovers. 

No.. 10.] 1 

Digitizecy Google 


My having been a brewer upwardi of thirty years in tbit city, 
and since, seven more aa inspector, a sufficient time to complete a 
thorough knowledge of its necessary duties, and respectftdly soli- 
cits a continuance in office, which would confera lasting obligation 
on your friend. 

ROB. BARNES, bupector. 

4,235 bales of hops, containirg 610,360 lbs. at 18 cts. #129,056 00 
Inspectors fees at 10 cts. per 100 lbs 810 S5 

Amount of sales, ^128,845 65 

Inspector's fees, whole amount, $810 35 

Extra labor and other incidental expenses 255 00 

Inspectors nett fees, $554 45 

ROB. BARNES, hupector. 

The aforesaid Rob. Barnes, personally known to me, has af- 
firmed to the foregoing statement, as just and true. 


^Id. lith Ward. 
Mio-Ymrk,idJaniiarj/, 1686. 

.coy Google 


No> 11. 


Jannafyd, 1839. 


Of the onomittee <m privileges mJL elections, on the 
petition of David O. Seger. 

Mr. WOcoxfoa, fram the oommlttea od privilegei tad tleotioiii, 
10 -wham wu nfiured the petition tif Dsvid G. Soger, praying 
thtt ho tOKf be peittiUed to tak* hit M«t M • nombwr in tUs 



That your committee, before proceeding to the inveatigatioa of 
the claims o{ Mr. Seger to a seat as a member in thia Houie, 
caused a writteo noUce to be serred ob Henry Gr. Wheaton, whose 
seat is sought to be v&cated, apprising him of the time and place 
the committee would meet to determine the claim of Mr. Seger 
to a seat; to which Mr. Wheaton replied, ia writing, in substance 
as follows: 

That he, Mr. Wheatoa, wss satisfied that Mr. S^fer is entitled 
to a seat ia praforeaee to himself, as having received the greatest 
number <tf rotes; that he would be the last person to seek to hold 
that, or any other office, without being called to it by the free 
niffiiagefl of his fellow citizetu, and had nothing to say against 
Mr. Segei^s faking his seat. 

That the testiniony of James Gonrlay, MM of the inspeetort of 
electiOD in the Second Ward of the city of Albany St the last ge- 
neral eleelisn, hrid in said ward, on the third, fwirtb and fifth 

[Assem. No. It.] 1 

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1 [AfdUULT 

days of Norember last past, and the testimony of Josiah W. Ga- 
ry, clerk of said board, both of whom were sworn before your 
committee, established the following facts: 

That David G. Seger was a candidate for the office of Member 
of Assembly, at the election aforesaid, and that he received for 
that office, during that election, in the second ward of the city of 
Albany, four hundred and thirty-six votes. That the inspectors 
in said ward, in making out their certificates of the candidates 
voted for, and the number of votes ^vcn to each, inserted there- 
in, by mistake, the name of Daniel G. Seger for David G. Seger, 
and forwarded their certificate, (thus erroneous,) to the county 
canvassers; and also filed a duplicate thereof in the proper office; 
and that there was no such person as Daniel G. Seger voted for 
in said ward during said election. 

That upon examining the certificate of the inspectors aforesaid, 
exhibited lo your committee by the clerk of the county of Alba- 
ny, and proven by the oath of James Gourlay to be the certificate 
of said inspectors, it appears that Daniel G. Seger received, in 
said second ward, four hundred and thirty-six votes for the office 
of Member of Assembly, and David G. Seger none. 

That, upon examining the 'official canvass of the county canvass- 
ers, of the votes taken at the election aforesaid, in the several 
towns and wards in the city and county of Albany, produced and 
proven to your committee by the oath of Conrad A. Ten Eyck, 
clerk of the county of Albany aforesaid, it appears, that the whole 
number of votes given for Henry G. Wheaton, in the several 
wards and towns aforesaid, for the office of Member of Assembly, 
is four thousand eight hundred and eighty-two: for David G. Se- 
ger, for the same office, four thousand four hundred and eighty- 
five: and for Daniel G. Seger, for the same office, in the second 
ward of the city of Albany, four hundred and thirty-iix; and in 
the same ward for David G. Seger none. 

Your committee ere satisfied that the votes returned by the in- 
spectors of the second ward, as being given for Daniel 6. Seger, 
were so returned by mistake; that no such votes were given in 
said ward, but that they were given for the petiti(»ieT, David G. 
Seger, and that the same ought to have been canvassed, by the 
inspectors aforesaid, and by the county canvassers aforesaid, as 

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No. II.] S 

■o msR7 rotes given to David G. Soger; and that if bo canTaawd 
he would have had a majority over Mr. Wheaton of thirty-nine. 

YoQT coiDimttee therefore offer the following reaotntion: 

Reaobitd, That David G. Soger be permitted to take faia seat aa 
a Uember of the House of Asaenably, duly elected for the coonty 
of Albaoy, in the room of Henry G. Wheaton, the Member re- 
turned; and that the seat of the said Henry G. Wheaton be ra- 

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No. 12. 


January 8, 1835. 


Of the SupcTintendent and Inspector of Salt in (hion- 
daga County. 

Sauna, JANtJABr 2, 1835. ) 

The Hod. Stbaskr 

oj the ^ssemblg. 

Herewith I -send you the report of the SBperiDteodeDt and In- 
spector of amlt ia the county of Onondaga. 
. I am, with respect, 

Yoor obedient servant, 

Svperintejident of Onondaga Salt ^ning*. 

[Assem. No. IS.] 

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REPORT, &c. 

Tm obedience to tbe sisteeadi Mctioii of ebapter ninth, title ten, 
of the fint part of the Revised Statutes, the SupvrintendeDt of tbe 
Onondaga salt springs, and the Inspector of salt in the county of 

RxerucTTWLr Rbtokt^ 

That during the year 1834, there has been inspected in the tovn 
of Salina, l,1M3,252ff bushels of salt, of which the annexed table 
Bxfaibita the quantity inspected in eadi village in the several 
months daring said year. 

There has been expended in the engineer department during 
said year, $4,610. 4li; and there has been collected from that 
aonrce 98,886.10. 

Since the last annual report there has been a considerable ex- 
penditure in excavating a large reservoir on the high ground about 
midway between the villages of Salina and Liverpool, made to ac- 
coromodate the manufactories at the later place; also in searching 
for a better supply of salt water; and also in repairing the two ~ 
«ld pumps at the village of SaHna. 

One of these pumps failed in the month of September last, and 
was raptured (by making it mostly new,) and put in operation ear- 
ly in November after. Since the close of the canal navigation, 
the other one was examined and found so near worn out, that it 
was deemed advisable to repair it to prevent a failure at a season 
of tbe year when it would be inconvenient or impossible to supply 
the manufactories with salt water, without the efficient operation 
of all the pumps. This one has, therefore, also been repaired, and 
DOW all the public pumps are in good order. 

The number and extent of the salt manufactories, as exhibited 
in the annexed table, (shewing the present nnmber and capacity,) 
it will be seen, are enlarged and increased daring the year. 

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4 [AaaiMiLT 

Last spring, after the reduction of the datiei on the salt maiiD- 
factured in this State, the undersigned were admonished of the ne- 
cessity of procuring more brine of the best qDality, for the use of 
the manufacturers who receive their supp^ from the springs in the 
Tillage of Salina, than the one spring there .producing such brine 
will yield. For the purposfe of enabUng ns so to supply them, we 
commenced boring a new well, several rods northerly of the other 
wells in Salina village, and have penetrated the earth about one 
kindred and seventy-five feet, but have failed in procuring a good 
quality of brine, and have abaadoned that place. 

Some part of the last summer the best spring at Salina did not 
afford sufficient brine for the use of the several manufactoriev 
usually receiving their supply from that source. To remedy that 
deficiency aa far as we were able, ws were compelled to raise 
brine of an inferior fiuality, and mingfe with tbe best. And after 
adopting this course, there was still a deficiency, wfakh caused a 
suspension in the operation of nearly all the manufactories located 
in the village of Liverpool, for about one month in the best part of 
Ae auwMi. The manufacturers of that village formerly received 
their siqiply of brine ftoin a spring on the margin of the Onondaga 
lake, adjacent to their manufactories. But some time after that 
period, brine of a better quality was discovered in the village of 
Saliuaj after which the manufacturers of Liverpool found it im- 
possible to compete with their neighbours, while using salt water 
of an inferior quality. They abandoned their spring, and sought 
salt water from other places. They have, for the last three years, 
been supplied from Salina, except about one month last summer, as 
before stated. 

Tbe manufacturers at Liverpool manifest an anxiety to have a 
well bored near their old spring in that village, to the depth of 
those in the village of Salina, believing water of the same quality 
of that found at Salina, would be found there. The Superinten- 
dent has not acceeded to their request, inasmuch as there would 
be no water power there which he could use to raise the brine if 
discovered, as he is not invested with authority to take water from 
that level of the Oswego canal. To obviate this, we are informed 
the manufacturers of that village intend petitioning your honorable 
body to past a bill authorizing the Seperintendent to take the wa- 
ter from that level, as he now is authorized to take it from the Sa- 
lina level; and also making it the duty of the Canal Commiasion- 

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No. 12.] i 

en to take the Onondaga creek into said level, (if it shall be ascer- 
tained to be necessary,) to propel a pump to be erected there, in 
case good salt water shall be discovered. We think it reasonable 
^t their prayer should be granted. 

The present erections for manufacturing salt in the town of Sa- 
lioi, (vith a sufficient supply of brine,) in oar opinion, are capable 
(^producing three millions of bushels of salt. 

The springs at the village of Geddes have produced an abundant 
supply of salt water of the beat quality for the use of the manufac- 
turers of that place: And if like brine could be discovered in the 
villsges of Syracuse and Liverpool, and thereby relieve the springs 
at Salina from furnishing salt water for those two villages, a very 
desirable object would be attained. 


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Ilie Table accompanying the Annual Report for 1834. 














Sjrracnse, • 



do. - C.S 





Coarse Salt Companies' Vats. 

Onondaga Salt Company %... 618,000 

Synciue do do 668,488 

H. Gifford's do 118,808 

S.C.Brewster's do at Geddes, 67,198 

1,478,494 superficial feet 

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1,373 14 

678 08 

89 32 

43,670 48 

63,233 40 

64,876 19 

27,478 64 

47,811 30 

. 61,777 13 

57,654 18 

36,683 30 

5,782 48 






Oil 31 
609 42 
653 64 
087 49 
167 08 
916 16 
819 07 
361 41 
334 36 
957 30 
824 30 
188 52 


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582 48 
883 38 
822 S2 
(M6 08 
849 37 
218 44 
924 27 
496 45 
806 16 
246 80 
622 47 
863 10 


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No. 13. 


January 10, 1835. 


Of the select committee on the petition of the super- 
nsors of Rings county, relative to building a jail 
and clerk's office. 

Mr. Vhillips, from the select committee to which was referred 
tiie memorial of the eupervisors of Kings county, for permiasioQ to 
raise money to build a couaty jail and clerk's office in said county, 
and for other puiposea, 


The memorialists set forth in their memorial, that a court-house 
and jail, according to the proTisions of the act entitled *'An act for 
the erection of a court-house and jail in the county of Kings," 
passed April 35th, 1838, have not as yet heen erected: That since 
the passage of the said act, the situation of the'county has been 
Tery materially changed, in consequence of the town and village 
of Brooklyn having become a chartered city: That it is contem- 
plated by the common council of said city, to proceed forthwith to 
the erection of a city hall; and by a mutual arrangement between 
Ihem and the said board of supervisors, all the courts of the county 
ue to be held and accommodated in such hall, as soon as the same 
shall be completed; and that it is contemplated that the said jail, 
ud also a Sre-proof clerk's office, shall be county buildings sepa- 
rate and distinct from the city hall. The memorialists therefore 
•sk for authority to procure by purchase or otherwise, two suita- 
Ue separate sites in the said city of Brooklyn, the one for a county 
jail, and the other for a clerk's office, and to cause said buildings 

[Afsem. No. 13.] 1 

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S [Absbbiblt 

to be 'erected -tfrereon; and tor that pnrpose, they iA to be au- 
thorized to niie by loan, on a pledge of the credit of the county, 
and the taxes thereof, a sum not exceeding twenty-five thousand 
dollars, for such purpoaes-, asd to issue public stock for the same. 

The memorialists further represent, that the July term of the 
court of common pleas and general sessions operates peculiarly 
hard on the fanning interest of the county, as it takes place in the 
midst of the harvest season; and they therefore request that the 
said term may be altered to the second Tuesday of August 

The memorialists further state, that the county courts are now 
held at the Apprentices' Library in the city of Brooklyn; that the 
court room in that building is often found to be inconvenient, and 
is by some thought to be unsafe; and they therefore suggest the 
propriety erf" vesting a power in the judges of the court of common 
pleas, and supervisors of the county, or a majority of them, to de- 
signate from time to time sudi other place in the said city as they 
may think proper, for the better accommodation of the said courts, 
vntil the court rooms in the said city shall be completed. 

"the memorialists also represent, that the lot of land on which 
the court-house and jail at Flatbush, lately destroyed by fire, was 
situated, is now laying vacant; and pray for authority to sell and 
convey the said lot, and apply the proceeds thereof to the erection 
of a hospital on the county farm, for the use of the county. 

The committee having had the said memorial under considera- 
tion, and believing from the representations of the memorialists, as 
wall as frmn other sources of information to which they have had 
recourse, that the- interest of the said county of Kings will be pro- 
moted by gruiting the prayer of the said memorial, and not being 
aware that there is any (^position to the same from said county, 
are of the opinion that the prayer of the memorialists ought to be 
granted; and they have therefore instructed their chairman to ask 
leave to introdaca a bill for that purpose. 

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No. 14, 


January 10, 1835. 


Of die select committee on the memorial of the super- 
visors of the comity of Genesee. 

Mr. Tyrrell, from the select committee, to whom wu referred 
the memorial of the supervisors of the county of Genesee, praying 
for an act authorizing said county to relinquish certain lands in the 
village of Batavia, to the Holland Laud company, and for other 
purposes therein contained, 


That in taking the subject of the memorial under consideration, 
the committee find, by reference to an act of the Legislature, pass- 
ed 13th April, 1819, entitled, " An act relating to the court-house 
lands, and public buildings in the county of Genesee," it appears 
that certain propositions were made by the agent of the Holland 
Land company, to the county of Genesee, which were confirmed by 
said act. It also appears from the statement of the petitioners, 
that among said propositions now ratified, is a stipulation that the 
said Holland Land company should lay out and give a street called 
" Coart-street," east of the court-house in Batavia, six rods wide. 
Mr. Evans, the present local agent of the said company, has ani- 
ted bis name with that of the said supervisors, in staUng that said 
Court-Street ia unnecessarily wide, and also in praying for an act 
authorizing the county to relinquish a part of said street, to the 
HoIIsmd Land company, upon condition that the said company shall 
convey by deed, such portion of said street to the owners of lands 
[AMem. No. 14.] 1 

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3 [AasBMSLY 

adjoiDiDg its eaatern boundary. The object that appears sought for 
in the petition, is to enable the owners of lota adjoining said street, 
to erect their bntldings with square fronts. Court-street, as now 
located, runs in a diagonal direction from Main-street. But hj 
granting the prayer of the petitioners, it will be made to pass from 
Main-street at right angles. 

The committee are of opinion that the prayer of the petitioners 
ought to be granted, and hare accordingly instructed their chair- 
man to ask leave to introduce a bill accordingly. 

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No. 15. 


January 10, 1835. 


Of the select committee upon the petition of Nathan 
WiiliamB, one of the clerks of the Supreme Court, 
for an appropriation to complete the clerk's office 
at Geneva. 

Mr. M. H. Sibley, from the select committee, to whom -was re- 
ferred the petition of Nathan Williams, one of the clerks of the 
supreme covurt, for an appropriation of money to complete the 
elerk'a office at Geneva, 


That by an act passed March Slst, 1S31, the predecssor of th» 
petitioner was authorized to purchase a lot of ground in the vil- 
lage of Genera, in the county of Ontario, to erect a good and suf- 
ficient fire proof elerk'a office thereon, and to procure suitable pa- 
per cases for the safe keeping of the papers appertainiug to that 
ofice. For all these purposes a sum not exceeding twelve hun- 
dred dollars was appropriated. 

The petitioner now represents, (and personal observation has 
made known to one of your committee,) that the building erected 
b pursuance of the said act, is yet incomplete, being without win- 
dow-shutters, wood-shed or any other out-house, and the lot on 
whidi it is situated-uoinclosed. 

The petitioner also states that there ia no ground belonging to 
the State for a passage way on either side of the building, to con- 
[AsMm. 15.] 1 

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T [Ambmblt 

vey wood or laiy other articles into the back yard^ which is inac- 
eestible from the poblic street, except throu^ the office. 

This statement of the petiti(mer is corroborated by an inspec- 
tion of the deed of the said lot of ground ob file in the office of 
Ae Secretary of State. 

The cFerk entnuted witii tiM expenditare of the money appro- 
priated by the act of the 21st March, 1831, having rendered his 
accounts and produced vouchers for the tame to the Comptroller^ 
H appears that all the money drawn from the treasury under the 
said act has been expended^ and that it wai inadequate to com- 
plete the building. 

Your conunittee being of opinion tfiat the additions and im- 
provements suggested by the petitioner are necessary for the se- 
curity of this pubkc property, recommend that his prayer be 

The preservation uid appearance of the building nho require 
that it should be painted, which has never been done. To^void an- 
other appHcation to the Legislature for this purpose, your com- 
committee recommend an appropriation of a sum not exceeding 
four hundred dollars, which, in their opinion, will be sufficient to 
accomplish all the aforesaid objects. And they ask leave to intro- 
duce a bill for this purpose. 

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No. 16. 


January 10, 1835. 


Of the select committee on the petition of Justin Smith. 

Mr. Moore, from the select committee to whom wu referred 
the petition of Justin Smith, praying for an act to enable him to 
complete and protect from injury a certain aqueduct, in the vil- 
lage of Whitehall, 


That it appears, from the said petition, which is signed not only 
by the said Smith but by a number of highly respectable citizens 
of the Tillage and town of Whitehall, that the said Smith, for the 
purpose of supplying himself and others with pure and wholesome 
water, has, by means of certain pipes and aqueducts, conducted 
the water from certain fountains into the said village, and now 
discharges at a number of convenient places for the use of the in- 
habitants thereof: and it appears that an act of the Legislature is 
necesssary to enable tfie said Smith to complete the said works, 
and to protect them from injury. 

It also appears, from the Journal of the Assembly of 18S4, that 
a bill upon this subject went through the ordinary forms of Legis- 
lation, and was ordered to the Senate for concurrence. Under 
this state of facts the committee are of the opinion that the prayer 
of the petitioner ought to be granted; and have instructed their 
chairman to ask leave to present a bill accordingly. 

[AsMm. No. 16.] 1 

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No. 17. 


Januaiy 10, 1835. 

Standing Conunittees of the Ajnemb^. 


CimmitUe on Waya mtd Meant, 
Mr. DayRD, Mr. Shafet, 

Mr. Cuh. Mr. Kino. 

Mr. Vtttth, 

CiMuiuflBe-ra Xhimancei. 
Mr. AdviM, Mr. MtUoiy, 

Mr. Hough, Mr. Moore. 


CoBUHittee om 1*rioiUg€$ ttnd EkcHoiu. 
3fr. WilcoxsoD, Mr. J. Haskell, 

Mr. Anthony, Mr. McNeil. 

Mr. Sbepard, 

'CainmHUevnthe Judieiary. 
Mr. LiTiDgitoD, Mr. Krum, 

Mr. Roosevelt, Mr, Dayao. 

Mr. M. H. Sibley, 

•Qtmmlttee on Expiritig Lows. 
Mr. Stetson, Mr. A. Hascdl, 

Mr. Moseley., Mr, Kent. 

Mr. Warren, 

Comtrdtteeon Clmmt. 
Mr. M. H, Sibley, Mr. A. Woodworih* 

Mr. Buriians, Mr. Beniasiia. 

Mr. Coykeodall, 

(AMem. No. IT.] k 

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S [Asi 

Cvmmittee on Colleges, AeademieM and Common ScheoU. 
Mr. Wetmore, Mr. Van Bergen, 

Mr. Burke, Mr. F. W. Pmddock. 

Mr. Clinch, 

CommiUeo o* Engro$ied Bilb. 
Mr. Sofisni, Mr. Crowell, 

Mr. Feck, Mr. Niles; 

Mr. Plumb, 

Gnmnittee on the Erection and Dimsion of Towns and OnmtMr, 
Mr. Falmer, Mr. Ingenoll, 

Mr. Griswokt, Mr. W. Woodworth. 

Mr. Harrey, 

Committee on the huorporation of Citia and VitUiget. 
Mr. Jackson, Mr. Tomlioson, 

Mr. Ringgold, 4Ir. Wylie. 

Mr. Tillinghast, 

Committee on Jlgncultwe. 
Mr. Healy, Mr. Crary, 

Mr. Beecner, Mr. Horton. 

Mr. Conklio, 

Committee on tie huorporation of Ckaritdble and ReSgioug 
Mr. Thorn, Mr. T. Lewis, 

Mr. Coe, Mr. Bennet 

Mr. Wheeler, 

Committee or the Incorporation and Alteration of the Charteri of 
Banking €ind Intarance Companiei, 
Mr. Wilkinson, Mr. Van Benthuiien, 

- Mr. Adams, Mr. Denniston. 

Mr. Davis, 

Committee on the Petitions of AHen*. 
Mr. Patterson, Mr. Tyrrel, 

Mt. J. Clark, Mr. E. Strong. 

Mr. Philo, 

Committee on Canals and Internal Improvements. 
Mr. Wager, Mr. Crain, 

■ Mr. Baker, Mr. W. S. Paddock. 

Mr. A. CUirk, 

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No. 17.] « 

Committee on RmURoadt. 
Mr. Rooseyeh, Mr. EUnd, 

. Mr. Ogdon, Mr. Hutehiofon. 

Mr. PreBton, 

Committee on the EstabHahmejit and hnprmement of Road* and 
Bridget, and the Incorporation of Tumpiie Omipanwi. 
Mr, Anthony, Mr. Hicks, 

Mr. PhillipB, Mr. Blatchley. 

Mr. C. Strong, 

Committee art State Prieon*, and the Penitentiary Syttem. 
Mr. Stevens, Mr. Cadwell, 

Mr. Crosby, Mr. J. W. Lewis. 

Mr. Groom, 

Committee on the JUilitidand the Public D^ence. 
Mr. Lockwood, Mr. Stetson, 

Mr. Fisher, Mr. Wetmore. 

Mr. Craio, 

Commiitee on Indian jSffain. 
Mr. Moseley, Mr. Bamnoi, 

Mr. Lytle, Mr. M'Kie. 

Mr. Jones, 

Committee on the Manufacture of Salt. 
Mr. Parker, Mr. A. Brown, 

Mr. Soger, Mr. Hillyer. 

Mr. Barnes, 

Comtmttee on Medical Societiea and Collect. 
Mr. Judd, Mr. Murphy, 

Mr. Rice. Mr. Waldron. 

Mr. Willianifl, 

Comtidttee on JSeo-tAird £t/&. 
Mr. Gray, Mr. Suffem, 

Mt. Herttell. Mr. Wager. 

Mr. Burr, 

Committee on Public Land*, 
Mr. King, Mr. Powers, 

Mr. Woodbury, Mr. Hildrotb. 

Mr. Odell, 

Committee on TVade and Manufacture*. 
Mr. QuackenbosB, Mr. Woodward, 

Mr. Springer, Mr. McCluer. 

Mr. Hilie^ 

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Select Cofflmitteefl on the Governor'B Message. 

Committee on lo muck as relateM to State Prisons. 
Mr. Can, Mr. C. Clark, 

Mr. Burbans, Mr. Williams, 

Mr. Griswold, Mr. Wilkinson, 

Hr. Loomis, Mt. D. Sibley. 

Committee on to miuh a relate! to Poor-Roitses. 
Mr. Ostrom, Mr. Richmond, 

Hr. Sitntnona, Mr. Hendee. 

Mr. Farwell, 

Committee on so much ea rebf » to Insane Poor. 
Mr. Herttell, Hr. Tillincfaatt, 

Mr. Ogden, Mr. Woodbury, 

Mr. Van Bergen, Mr. Coe, 

Mr. Beecher, Mr. Plumb. 

Committee on so mmeh at reU^es to the BSntL 
Mr. Cwh, Mr. Gray, 

Hr. J. Haskell, Mr. Carpenter, 

Mr. Liringiton, Mr. CuyketMlaU> 

Hr. Moore, Mr. G. Brown. 

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No. 19. 


January 9, 1835. 


Of &e select ccmmuttee on. the petition of Nathaniel 

Mr. Jackfon, from the select committee to whom wai referred 
the petition of Nathaniel Paritb, collector of taxei in the tova of 
Bashwick, in Kioga county, 


The petitioner represents that in consequence of serioni illness, 
be has not been aUe to collect and make return of the taxes of 
nid town within the period limited by law for that purpose. 

The petitioner therefore prays that the time allowed for cdlect> 
ing and making return of such taxes, may be extended until the 
first day of March next 

The committee having full confidence in the reprefcntatioa of 
the petitioner, and also information received from other sonrcea, 
ire aatiafied that the petitioner was prevented from collecting the 
taxes and making his return in consequence of this providential 
vaitation; they are therefore of the opinion, that the prayer of 
Ihe petitioner is reasonable and ought to be granted: They have 
pie{wred a bill for that ptu-pose, and ask leave to introdnoa tha 

[Assem. No. 19.] 

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No, 20. 


January !2, 1835. 


Of the select committee oa the petition of the Bupef- 
Tisors of the county of Herkimer. 

Mr. Gray, from the nlect committeo to nbom wk* ralwrod tlw 
petition of the tnperviion of the county of PerkitqfTj 


That the committee have eiamincd the said petition, and fiod 
that by an act of the Legialature,^ passed March 5, 1833, a new 
jail was authorized to be built in the said county of Herkimer, and 
that the same act authorized a loan of 96,000 to be made upon the 
credit of the county, to defray the expense thereof: that pursuant 
to said act a new jail was erected, and the said sum of $0,000 ez- 
.pcndcd thereon: that beforo the completion of the said jail building 
it was ascertained that the appropriation provided by the euid act 
Was insufficient to complete the same: that on an application mado 
by the said board of supervisors to the Legislature, for a further 
loan oo account of said jail, the legislature passed an act at the last 
session, authorizing ihe Comptroller, out of the monies belonging to 
the capital of the Common School fund, to loan to the county of 
Herkimer, upon the credit of the said county, the sum of 92,800, 
to be applied in payment of the expenses of the said jnil and the 
purchase of the lot upon which the same is erected: llial sin<:e llie 
passags of the said last mentioned act the said jail building has been 
entirely completed; and it has been ascertained that a further loan 
of 92,100 will be required, to pay off the debts and interest ihere- 
va DOW remaining due and unpaid on account of the said jail and 
[Asaero. No; M.] 1 

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lot: tint to cniblo tba Mud couaty to discharge this debt the peti- 
tioncrt aak the pamge of a law authorizing them to borrow, upon 
the credit of the eonaty, this addiUooal lum of VZ,10a, and to re- 
pay the Mine l^ a tax tqwD the iahabitanta of the laid county. 

The eoimnittee would fuither state, that by the nid acts an- 
thorisi^ the said loans the said board of sopervisors are authoriz- 
ed, by 8 tax apon the cooDty, to rtfio annsally the iiyn of one 
thousand dollars, for the purpose of repaying these loans: that 
about eoe half of this sum is required to pay the iuterest on these 
loans, leaving but about UOa to be appKod aDDually in payment of 
the principal: that the hoard of supervisors are desirous to repay 
these loans moie speediry than they are now authorized, and ask 
that the said acts may be so amended as will authorize the said 
board to raise, by tax upon the said eounty, annually, and until 
the extinguishment of the said debt, such a sum as the said bosird 
may deem proper, not exceeding, however, the sum of 95,000 in 
any one year. 

- The oommiltee are of the opinion that the prayer of the peti- 
tioners ought to be granted; and hare directed their chairman to 
prepare a bill, and to ask leave to introduce the samos 

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No. 21. 


January 12, 1835. 


Of the select committee on the petition of sundry in- 
habitants of Yates comity. 

Hr. Hsllory, from the lelect committee, to vhich wu referred 
the petition of laodry inhabitanta of the county of Yates, to in- 
crease the number of commUsionen to superintepd the building of 
a eoortrhouie and jail in said eoonty, 


That on the Sth of May, 18S4, an act of the Legislature of this 
State was passed, authorizing and reqairing the supervisors of the 
GOQDty of Yates, to raise by tax, a sum not less than Sts thousand ' 
dollars, nor exceeding eight thousand, for the purpose of building 
a court-house and jail in said county: that John Sptcer and Joel 
Donnan, esquires, Tvere, by said act, appointed commissioners to 
■nperintend and contract for the building of said court-bouse and 
jtil. ■ 

Your committee have ascertained from said petition, tliat the 
said commissioners so appointed, have made considerable progreu 
ia the erection of a stone building for a jail in said county; but in 
anueqoence of a difference of opinion existing between said com- 
Busriooers, nothing has hitherto been done by them towards the 
erection of a court-house, of which said county stands greatly in 

[Aasem. 21.] 1 

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S [AsaBHBi.v 

The petitioners pray for the passage of a law appointing the 
Hon. Abel Feck, formerly one of the judges of said county, and 
DOW B resident thereoi^ an additional commissioner, with full pow- 
er to enable him to act with the said Spicer and Dorman, in the 
erection and completion of the buildings aforesaid. 

Your committee cm sea no reason why the prayer of the peti- 
tioners should not be granted, and have instructed their cbairmaa 
to prepare a bill, which they aak leave to introduce. 

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Wo. 22. 


January 10, 1835. 


From Uie Governor, transmitting a communicatiott 
from the Executive of the State of Maryland. 


Enclosed I trumnit to you the proceeding! of the Legiilatun 
of the State of Mftiyland, on the nsolatione and report of the 
Legiilatore of this State relative to the organization of the Mi* 

Mbtmjf, /on. 10, laas. 

[A««ni. No. M.] 

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Of the I/egislature of Maryland relative to tiie oi^* 
nization of the militia ot the several Statci of uia 


^nnmoUtj June 6, IBS4. 


Xo eonpUanc* with the nqueit o( the General Auembljr of thii 
State, I trumnit the foregoing copy of a Report of a committee 
«f the HooM of Delegates, and of Reaolutioni paued by the Ge- 
iwral Anenbly, whichi recpectfully remieit that your Excellency 
wUI lay before the Legiilature of New-York. 

With the bigheat coaiideration, 
I bare tbe honor to be 
Your ExeelleDcy'a ob't eervant, 

the Goreraor of New-Yorit. 


Manh 15, 1S84. ) • 

itr. Heard, Chaimuui of the eoaunittee on the MiUtia, deliTer- 
•d the foUowing report: — 

The committee on the Militia, to whom waa referred a comrau- 
tdeatioB from the Goreroor of New- York, tranemittiDf a report 
and reeidatioiu paawd by tho legislature of that ttaie, submit the 
following report: — 

Tfae Mibiect referred to in the report and reaolutioni above men* 
ticMwd, relatei to lome of the proviaioni of the law o( the United 
States, pawed on the 8th May, 1792, orgaoiziog the Militia of the 
United States, Under that law. all able bodied free white male 
dtizeni, between the ages of ei^tecn and forty-five, are to be eo* 
rolled for the public defence, and when so enrolled, they are re- 
quired to arm and equip themselves at their own expense. 

Your ooaomittee fully concur in the reasons set forth in the re- 
port referred to, shewing why so Urge an enrolment was necessa* 
rj at the time of the passage of that law, and alio concur in the 
reason contained in that report which goes to prove that so largo 
as enrolment of the militia is not necessary for tfae pablic defence 
at this time. Your committee are of optoioo, that an enrolment, 
emhrariij all able bodied white male dtiieiM, between the ages 
at tw«Bt7*eae and forty yeara, would embody a anmbar of aiaa 

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4 [Ambult 

fully competent to the defence of the netioo. The greet object of 
our militia aystein, being the efficient defence of thecoonlry, there 
is more to be apprehended from the want of proper organization 
and discipline, than from any deficiency of numbers. 

Exempting from enrobnent eif below the age of twenty-one, and 
abore the ^eeftor^ yea*. wW tkpf^ 'dot a l*|p number of 
citizens who can be well spared from militia serTice, and who 
^onld ^'tietter. eokpleyed in tlie peaeefal avocations o^lifej even 
m time of war it would be necessary to leave at home some able 
flowed citieeiw to take care of the ordinary eoncenit-of -fife, and 
none could be better selected than those who will come wjlhui the 
ages proposed to be exempted. Your committee therefore concur 
in the opinion contained in the report referre d to, that the enrol- 
menl of the militia should be conJincd, in future, to the able bo- 
died white male citizens between the ages of twenty-one «>d for- 
tyyears* . , 

But yonr committee cannot concur Tn the sentiment contained 
in the latter part of the sixth paragraph of the report referred to, 
which inovtcates the idea that the militia are only to be employed 
on sudden emergencies, and until a more permanent force can be 
provided. As it is contrary to the pcdicy of free governments to 
make offensive war, your committee are of opinion that a proper- 
ly organized and dioiplined militia would be adequate to the defence 
of the eouDUy^ and should be mainly relied upan as the only safe 
and efficient resort in the event of hostilities. 

It will be necessary for the general government to keep up a 
military force sufficient to garrison the fbrlificaUons erected by 
that government for the national defence^ but when the soil of our 
eoantry shall be invaded, the militia should be relied upon to de- 
fend it, and to expel such invaders. 

While the people retain the aword, tliey can control the desti- 
nies of their country, and it will be safe. We have the experience 
of nations gone before us to prove this position; so long as the ci- 
tizens of Greece and Rome defended dieir coontry in person, they 
were free, independent and powerful, and when that high and hi>- 
Dorable duty was devolved upon mercenaries, they lost their libera 
ties and became the slaves of those whom they hired to defend 
them- — let us avail onrselves of the sad experience of those nations, 
and endeavor to avoid those errors which brought upon them sneh 
signal misfortunes. There is no truth better substantiated by his- 
tory than that large standing armies are hostile to, and destruc- 
tive of free institutions. 

Your committee concur fully with the sentiment contained in 
the report referred to in relation to that provnion of the law of 
*92, which requires every militiaman to arm and equip himself at 
his own expense; the report says it is Wrong in principle and op- 
■prdBsive in practice. 

To carry into effect the foreeoing views, your committee re- 
commend the adoption of the following resolutions: 
' jkciotved by the General Assembly 0/ Maryland, That our S«- 
tntore in Congress be initrncted, and our Repreietitatives ba r*- 


Ho. St.] » 

qoMted, to um their exertiou to procure luch unondmenfai of the 
set of Coagren organizing the miHtia, u ab«U relieve the people, 
u fsr as practicable, from the burdens of the aystam without im- 
pairing its efficiency. 

Resolved, That bis Excellency the GoTemor, be requested to 
transmit copies of these resolutions and report to our Senators 
and Representatives in Congress, and also to the Governors of the 
several Slates, wilh a request that they may be laid before the 
Le^Iatures thereof. 

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3Vo. 33. 


January 13, 1835. 


Of the select committee on the petition of Samuel H. 
Newellj to change his name. 

tfr. Cut, from the telact cmnmittee to which wai referred tha 
petition of Sunoel H. Newell, to chuige bis name to John Stark, 


That ;oiir committee hare examined the aaid petition, and find 
the following to be the principal reaaoos: That the aaid Samuel 
H. Newel], of the city of New-York, ii a grandson of Major Caleb 
Stark, and a great-grands6n of General John Stark, both of the 
molatioDar; army;, that the sud. Caleb Starii haa no grandson 
beaiing the name of Stark; and that it is the wish and request of 
■be nid Caleb Stark, that yoar petitioner may take and bear the 
Mine of John Starit Yoor committee are tiaanimouily of opinion 
■hat the reasons set forth in the petition are reasonable and suffi- 
omt, and bare accordin^y prepared a lull, and directed their 
1 to ask leave to introduce the same. 

[Aseem. No. 99.] 

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Wo. 24. 


January 13» 1835. 


Of die select committee ob tbe petition oi Kumui 
Levy »nd Catharine B. Levy, to change their sur- 

Mr. UvingstoDi from the select conunittee to which was refer- 
nd the petition of Karmui Levy and Catharin« B> Levy^ hii wife, 
pnyiBg to be psraiittfid to change their auroame, 


That the petiticmen allege that they have been residents or the 
Qty of New- York for several yean past, during whleh time the 
ntd Kannan Levy has been engaged in basiness as a merchant: 
That they are the parents of a female child named Adelaide Levy, 
of about the age of five years, and that they make this application 
Irom considerations of a pecuniary character, deeply affecting 
Ibem and their said child, and from a conviction that the name 
borne by them and their said child is an impediment to an acquisi- 
tion of property, which they might acquire if such impediment 
Vis removed. 

The said Karman further alleges, that he has suffered and still 
continues to suffer serious inconveniences and embarrassments in 
bii basiness, owing to Uie names ao borne by himself end his wife 
nut child. 

The petitioners, for the reasons stated, pray that their 
may be changed to Perier. 
[Assem. No. 34.] . 1 

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Yonr committee bav* carefully considered the merits of thi* 
application, and find that the petitioners have not, in the opinioD 
of the committee, stated any definite reason urbicb should operate 
apoo the Legislature to induce tb«m to grant the prayer of the 


They urge in favor of their application that they are actoated 
in mailing it by considerations of a pecuniary character, and tay 
that tfie name of Levy, is an io^iediment to their acqoisitioa of 
property. But they do not state by what considerations of a pecu- 
niary nature they are actuated, nor do they slate in what manner 
or why their bearing the name of Levy forms an impediment to 
their acquisition of property. 

Such statements, it seems to yoor committee, are too loose and 
general in tbmr nature to form a proper ground woik for a Legia- 
lative act. 

And as several petitions for change of names have been referred 
toyour committee, they take this occasion to observe, that if great 
caution is not used by the Le^slature in requiring particular and 
strong and cogent reasons before granting such applications, iva 
shall probably, owing to the caprice of individuals, fill a conside- 
rable share of our statute book with legislative acts of this cha- 

Your committee recommend, for the reasooa above stated, that 
the prayer of the petitioners be denied. 

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No. 25. 

January 12, 1835. 


Of the select ccanmittee on the petition of James Bat- 
tle and others. 

Ur. LiTingstoa, from the select committee to which was refer* 
ted the petition of Jamei Battle and othen, praying for the pms- 
■age of an act to authorise theu to assume the surnune of Bat- 


That the only reason assigned for the proposed alteration, is 
that the petitioners are generally considered pugnacious, because 
tbeir surname is spelled Battle ; and they state that for that rea- 
lm they are desirous to be permitted to to alter the anthography 
of tbeir ramame to BtOteU. The change of name asked for is ve- 
>7 iliji^t, and is not, in the opinion of your committee, st^itported 
by any nifficient reason which sbonld induce legislative action in 
relititNi to it. 

Your coiDDiittee recommend that the prayer of the petitioners be 


No. U.] 

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No. 26^ 


January 13, 1835. 


Of the Commissioners of the Land-0£Bce on the pe- 
tition of Samuel S. Lu^. 

The Conuoianonen of the Land-Office, on the reference from 
the Auembljr, of the petition of Samuel S. Lush, of the city of 

Resfectpolly rbport AH follows: 

It appean by Uie boolu in the public offices, aa represented by 
the petitioner, that he purchased at a sale of lands, held by the Snr- 
Teyor-General, lot No. S12, of township No.ll, Old Military tract, 
in the county of Essex; and on the 11th day of December, ISOft, 
the petitioner paid into the treasury the sum of $68, having preW- 
otuly paid CIO on making the purchase, being a total of 073 paid 
for the lot On the 11th day of September, 1806, a patent was 
granted to him for the said lot No. 313, which lot was represent- 
ed in the patent, as containing, exclusive of water, 107 acres. — 
Two lots were granted to the petitioner in the same patent, viz: 
Numbers 286 and 812; on condition as set forth in the patent, 
" that within the term of seven years, to be computed from the 
finrtday of January next, ensuing the date hereof, (Sept. 11, 1806,) 
there shall be one actual settlement made on the hereby granted 
premises," otherwise the letters patent, and the estate thereby 
gtaated, become void. It is not known, whether or not, the peti- 
tioger complied with this condition m the grant; but it is supposed 
. No. 36.] 1 

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he did not, aod mibiequent )aw» were pnaaed, releaiiog these and 
other lands, front forfeitare. See, refereace to these laws, p. 847, 
Senate Journal of 1B3S. 

The lot in qaestion, No. S12, is represented in Thomas' surrey, 
made in 1604, as being partly corered with the waters of Placido 
lake; the number of acres thos covered, a* near at conM be ascer- 
tained from the original map, at the time of the sale, was fifty-three 
acres. In 1883, John Richards was employed to re-survey town- 
ship No. 11, and from the survey and map made by him, and filed 
in the Surveyor-General's office, it appears that lot No. 313 is co- 
vered with the waters of the Placide lake, "excepting about 90 acres, 
there being 77 acres less of land, than the quantity patented to the 
petitioner, and paid for by him. 

For this defieielicy, be presents a claim agaiost die State, of 
•63.53, for principal paid in 1606, and the interest on this sum at 
7 per cent, for twenty-nine years, making a total of •1&6.S2. 

Assuming that Thorn's map is erroneous, that Placide lake is not 
truly delineated upon it, and this is clearly shown by the new sur- 
vey of the township made in 1633, it would seem to be just, that 
the petitioner should have the 77 acres, which appear to be cover- 
ed with water, made up to him. This can be done, by giving him 
a grant of 77 acres out of lot No, 903, contiguous to the 30 acres 
now owned by him. Lot No. 392 is unpatented, and belongs to 
the School Fund; bat the Commissioners of the Land-Office might 
be autboriced to grant the lot, or a portion of it, to the petitioner, 
and the School Fund could be remunerated by a payment from the 
General Fund, of the appraised value of the land thus conveyed. 

If the Legislature should determine to remunerate the petilioaer, 
by a direct payment from the treasury, of the sum paid by hinn in 
1605, and the interest thereon to the present time, the amount 
would be as follows, viz: 

PkJd for 7? acres (at the rate of |78, for 107, acres,} Dec 

11, 1805, / csa GS 

latereii on the tame at per et. 30 y. to Dec. 11, 1834, 81 os 

Total amount of principal and intereit, . . . . C144 lo 
All which is respectfully submitted. 
^a«q^ Jan. 18, 1836. JOHN A DIX. 

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No. 27. 


January 12, 1835. 


Of Abraham A. Slover, Inspector of Lumber in the 
city of New- York. 


Agreeable to the Revised Laws, chapter 17, I, as an inspector 
of ttunber, make the following returns. From the Ist of January, 
18S4, to first of Janoary, 1886, I have inspected the foUowing par- 

15,825 feet aah plank, worth from tie to 22 per H. 

3,758 " oak plank " 23 to 3& " 

522,097 " pineboard " 12 to 18 " 

35,823 " white wood plank,... " 12 to 18 " 

31,290 " maple joist, " 15 to 18 " 

4,840 " cherry, " SO to 80 « 

604,600 " St Domingo and bay mahogany, 

bay from 10 to 7 cts. per foot 

St Domingo, <' 12 to 35 " 

42,617 " Spanish cedar, " 5 to 7 " 

Amonnt of earnings CljOOT 55 


XtVhYork, January 8, 1835. 

[Asiem. No. 27.] 1 

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No. 28. 


Januarys, 1835. 


FiDm the Governor, transmitting the Annual Report 
of the Commissary-General. 


I herewith tnuumit to you the Annual Report of the Com- 

^aaf, JEn. 7, ISW. 

[Amoid. No. M.] 

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REPORT, Jfcc. 


GammiMaary-Oenerart O^Ece. \ 

JV^to^FwJfc, December t\, 1884. 
WnAAAM L. Masct, Commander-in-Chief of the milida of the 
State of New- York: 


In compliance vith a provision of the Revised Statutes of 
this State, foand at section fifteen, of article second, of titie eight, 
of chapter tenth, relating to the militia and puUic defence, I re- 
spectfully submit the fotlowing statements, with the tables annex- 
ed, as Uie annual report of this ofGce to you and the Legislatare; 
the'wlBg in them, ai far as I am able from actual examination and 
information received, *'the actual situation and disposition of all 
die ordnance, arms, ammanition and other munitions of war, pro- 
perty and tfaingi, which in any wise appertain to, or respect the 
department confided to the keeping of the Commissary-General." 

The State property at forts Richmond and Tompkins, remain 
in the same condition ax when last reported,' which I must remark 
is also the case of the property in all the arsenals, except those at 
New-York and Albany. It had been my intention to overhaol the 
aracDals and their contents at Batavia, Elizabethtown, Water- 
lowD and Russell, during the last season, but my personal serrices 
and presence have been required at the New-York and Albany ar- 
aeoala, so constantly, that I have been obliged to defer the tabor 
which I had contemplated to have performed at those places. 
Another season may prove more propitious. 

One of the out-buildings of the arsenal at Battvia, bas, as I am 
informed, been bumed down. Of the circumstances of the case, 
I know nothing further than what is detailed in a letter received 
hj roe firom N. Pollett, esq., keeper of the anenal at that plaoe, 
which it anoexed. 

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4 [AaaBHBLT 

The 24 pouader, which had beeo lying on Rock&vay beach for 
many years, has been got out of its bed, and baa been removed 
from thence to the arsenal yard, New- York, by my directioos. 
This piece of ordnance is in a better state of preservation than 
has been supposed, but it will require some labor to remove the 
incrastatiOQS of sand and rust from it, and to fit it for service 
again, of which it is evidently susceptible. 

At the Albany arsenal, over twelve thousand muskets have been 
oiled, and much other labor haa been performed. The gable ends 
and roof of this bnilding have been repaired this seasoD* 

At the New-York arsenal, over twelve thousand cartridge-boxes 
have been oiled and varnished, together with as many bayonet 
scabbards and cross belts. The verdigris with which the brass 
mountings of the equipmeata was mostly covered, required them 
to be separated from their belts, in order to be cleaned separately 
in a proper manaer. The labor of scraping these -mountings has 
Deen found much greater and severer than was anticipated. They 
are now all cleaned. About twelve thousand belta remain to be 
oiled and varnished, the labor of which is proceediog, and when 
finished, the leather articlea of this arsenal will have received a 
thorough overhauling, cleaning, oiling and varnishing, such as, in 
my opinion, they have never before received, and which they 
stood so much in need of, that their utter loss would have proved 
a consequence of their further neglect, Qr delay to be taken in 

Many arms have had to be overhauled and cleaned several times, 
and the regular business of cleaning delayed, this season, in con-r 
sequence of occurrences of a public nature, at one of which, threp 
hundred muskets were forcibly seized and taken out of the arse-^ 
nal, none of which, after cleaning, have been restored to their 
racks again in as good condition as they were when taken from 
them. At another, during the riots of July last, arms and stores 
were issued to uniformed corps, on requisitions of the chief ma- 
gistrate of the city of New- York. I granted these issues with re- 
luctance, fully persuaded, that nothing but the extraordinary exi- 
gency of the case could warrant their being issued, and aware 
that there are no provisions of law to authorize them. Of these 
issues I will present a special statement to you. Owing to these 
circumstances, and the performance of other labor, there are se- 

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N«. 38.] 5 

Teral thousand muiketi, therefore, that have not yet been over- 
haaled and cleaned at this araenal. 

Much additional labor, and some expense, has been incurred by 
the department, from the loan to and use of the camp stores of 
the State, by parties for encampments during the season. And as 
the prospect of these excursions is increasing, and it appearing to 
me to be the business of Congress to provide camp stores for the 
militia, and not the State, I would respectfully recommend soma 
regulation on the suhject of loaning the few camp stores of this 
State which it now possesses. These camp stores are all at the 
New-York arsenal, except thirty-one wall tents; and, therefore, 
accommodatioDa to the corps in this city may be proportionally 
greater than to the other corps of the State, many of which, in 
the interior, seem desirous to share of the privilege, if the prac- 
tice is to be continued to loan these stores for encampments. 

I would also remark, that additional lahor has been bestowed 
for the cleaning of, and keeping in good repair, the ordnance and 
harness, in possession of artillery companies, an^ issued to tkem, 
bit housed at this arsenal; and in addition to this, say, that rather 
than see the public property, in the care of others, but under my 
eye, exlubited to the public in a condition which might shame the 
pride of ownership, I have caused the material frequently to leave 
the arsenal yard in a condition creditable to the State, while its 
brightened aspect, instead of awakening a sense of pride in the 
companies from the lesson, as intended, appears to have impressed 
the sense of the served with the hright idea only, that " it is the 
^uty of the Commissary-General to clean their guns V Some of 
tliese parties do not seem to comprehend the difference between 
iheir being in possession of the public ordnance, and bound for 
its good order, as sections of the State law of April 8th, 180B, 
ttiil in force, prescribe, and the ordnance which is in the State 
arsenals unappropriated, and under the special care of the Com* 
missai'y -General. 

Tbere are exceptions to these remarks in captains George W. 
Chapman, Thomas H. White and John G, Rohr, who have ex- 
pressed their willingness to comply with regulations on this head. 
Always ready and willing to render service where service is due, 
promptly and zealously, unfounded pretensions to gratuitous labor 
which has commenced, is increasing -and ought to be diminished, 
it appears to me should be opposed. 

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tf [A8SBIin,T 

Tbe iron 19 pouaden, 12 pouDd«rB and 9 pounders, aod the 
brass 12 pounders and 9 pounders, have been dismounted from their 
carriages during the summer, and placed on skids in the arsensl 
yard, to make room within the building for new pieces received 
from the United States, and for the 6 pounder brass ordnance, to 
which the sheds did not afford, in my opinion, as tke times were, 
sufficient safety and protection. The old carriages of the larger 
field piecea have been placed underjhe shed, and tbe siied roofs so 
repaired that protection from the elements is afforded to them. 

The carriages, implements and equipments of the two brass 18 
pounders, have been overhauled, repaired and painted, and percus- 
sion locks fixed on the guns this season. The carriages were built 
on the English system of the block trail carriage, but their lim- 
bers were not constructed in accordance with that system. Having 
the pole only, and no shafts aunezed at the sides of the pole, the 
weight of the limber, therefore, wider draught falls entirely on 
the necks of the pole horses, and the unsteadiness of the motion 
of tbe limber during transportation, at which no lashing chain can 
be applied to bear the weight of the pole, by means of a lashing ring 
at the trail of the gun carriage, arc causes which render the beat 
draught horses restive in drawing these guns, and those of heavy 
caliber mounted in a similar manner. The gearing will be changed 
by adding shafts at the sides of the pole, and by bearing chains to 
connect the pole and shafts across the horses backs. 

Tumbrel harness will be used in part for the double shafts 
thus constructed, instead of double pole harness as at present I 
presume that these alterations will obviate the difficulties existing 
in the movement of these large guns, and increase their active 
transportation and manoeuvre. These two 18 pounders have this 
fall been exchanged with the veteran corps for two brass 12 pond- 
ers, which they had in possession. 

Seventy iron 6 pounder pieces of field artillery, with carriages, 
implements and equipments for their service, and fifty percussion 
cannon locks, and twenty hand or stock locks, have been receiv- 
ed during the season from the War Department of the United 
States, under the "act of Congress of April, 1808, for arming 
tbe whole body of the militia." 

.coy Google 

No. 38.] 7 

Of this number, twenty-two new pieces hsve been issued, to- 
gether with twenty-two percussion caDuon locks, to artillery 
companies, others being promised. 

One of these new guns was exchanged for an old brasi 6 pound" 
er, with lieutenant Simon D. Paddock, of Amboy, Onondaga 
county, attached to the 29th artillery. - After he had receired the 
new gun, he gave information that the company had no gun house. 
The carriage of this old brass 6 pounder, with the implements re- 
turned, were found useless, and the piece itself worn out, and fit 
to be recast into a new gun only. This piece, I have no doubt, 
has been much exposed and neglected. Similar are the drcum- 
stsnces of a brass 6 pounder exchanged for'a new iron piece with 
captain John H. Martin of Catskill, attached to the 5th regiment 
of artillery. These pieces were cast in this country about the 
commencement of the revolutionary war, by James Bryars, and 
with the four and three pooaders now in possession of some artil- 
lery coBRfanie*, are ihe pieces referred to by ma in my last year's 
report, aa the pieces issued previous to 1836, which should be re- 
calledr to b« recast, if -deemed proper, to ihe end that the public 
weal, ahonld it require the ordnance of the State for actnai ser- 
vice, Doay find its material of ordnance in a serviceable, instead of 
a» unserviceable condition^ in which, io-my opinion, a large part 
of the Stale ordnance is at present; 

Thwe guns are £Boerally worn out for their caliber, and are 
ODcqual in thdr bore, though the metal of which they are com- 
posed may be «s good a« ever it was for cann<H). The unfitness 
for service of a piece of brass artillery of good casting, is made 
so by the eohrgement of the- diameter of the bore above its pro- 
per caliboTf caused by friction from use- I have thought, and still 
think, that alt pieces of this deseriptioa, when and wheresoever 
finuid, shonld be returned to the arsenala of the State. 

There is some difficulty in obtaining, at present, perfect brass 
ordoance of new castings. It is presumed that this is owing to a 
want of experience and encouragement of the foundries of our 
coaotry in this particulnr art. Time and the public wants, it is 
supposed, will improve the casting of brass guns, ao much prefer- 
red for appearance sake for field artillery, over the iron gun, which, 
however, is deemed the best for cannon ball practice. 

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« [Ai 

The iron guns which the State has received, are certunly a su- 
perior article, both as relates to the guos and Uteir carriages, which 
are of the best materials and workmaDship. 

There are now twenty-lwo pieces in the possession of artillery 
compaoies, equipped with fixed cannon locks, all applied to them 
during this season, viz: the pieces of the llth regiment, sixteen; 
independent veteran corps, two; 6th artillery, captun John F. 
Strain, two; 3&th artillery, captain James Darrow, one; and S3d 
regiment, colonel Hinman, for brass piece number 100, at Auburn, 
one. The patterns of these locks have been well tested, and ap- 
proved by lieutenant colonel Talcott of the United States ord- 
nance service, and the War Department, and their utility, econo- 
my and superiority over the old practice of firing field artillery, 
conceded and established. 

There are now about two hundred and fiAeen companies of ar* 
tillery in this State, having among them two htmdred and thirty- 
seven pieces of fiald artillery of difierent calibers, from 3 to 16 
pounders, besides the 3d, 8d, 9th and 3Tth regiments of artillery, 
which are at this timedoing duty with muskets as infantry. These 
are by law all entitled to ammunition stores for practice, fnun the 
State. Those having pieces are by law directed, that " the coin> 
maodants shall annually report to the Commissary-Generat, the 
situation and state of the pieces of ordnance, arms, implements 
. and accoutrements, the property of the Stat* entrusted to their 
charge respectively." Ot the two hundred and fifteen command- 
ants having pieces, one hundred have not reported to this office; of 
fifteen reported, the state of repair has not been mentioned; eigh- 
teen have been reported in want of repairs; and fifty-nine have 
been reported in good order. Twenty-two pieces have been re- 
paired in 1884, and twenty-three new issues and exchanges have 
been made, besides the two brass Id's exehanged with captain 
Chapman, of the veteran corps, for two 13 pounders. Twenty- 
two of the number issued are of the new iron guns, and one brass 
6 pounder, repaired at the Albany arssna]. The stores issued to 
these companies and regiments during the year, for practice, 
amount to three hundred and thirty-two and a half quarter caaks 
of powder, and twelve hundred and ninety cannon balls on requi- 
sitions, and by order of the Commander in Chief. The tables, it 
is presumed, will explain satisfactorily other detuls. 

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Kio. 98.] t 

I woald beg leave to offer s few remarks on the organization of 
' dte artillery, which I would respectfully refer to the commauder 
in chief uid the Legislature. 

The organizatioD of the artiUery of our State, both in relat)<m 
to its material and personal, require alterations and amendnients, 
ia mj opiBion; and should the improvemeDts of European powers 
in this arm of an army be considered worthy of attention, as ex- 
amples suggested by the experience of twenty years of war, it ap- 
pears to me we ought not to neglect the instruction till the hour 
«f war IS annoimced to as at our threshold. 

The British goverment had given a construction to their field 
artillery carriagea, which for mobility, or activity of service, was 
deemed superior to the French Gribeaural system, after which, 
onr carriages have of late years been modelled; but whether the 
carriages of the British system are so superior I am not prepared 
to say. The French have of late remodelled their system of cou- 
stnictioQ, and have adopted the English plan, as ' their basis for 
their field carriges; and while they have improved them and their 
ordnance, as they suppose, they have limited the ordnance to two 
caHbers of metal for field service for their cannon, and two for 
their howitzers. They have now brass 8 and 13 pounder cannon, 
«od and 8 inch howitzers. The wheels of the French carriages 
are all alike, and of the same heighth, or diameter, for the limber 
wheels, and ammunition wagon wheels, as for the gun carriage 
wheels. The ammnnition wagon limber is of the same model as 
the gun carriage limber, and may be used for either the wagon or 
field gun carriages. The 6 inch howitzer fits the gun carriage of 
the 8 pounder brass gun, and the 6* inch the 12 pounder gun car- 
riage. Their whole system is thereby simplified, and arranged in 
such complete order for service, that the greatest possible means 
of activity is secured to the system, and to such calibers of metal 
as will be of forcible effect, as the French ordonnance or law de- 
termines it 

We have all the calibers of S, 8, 4, 6, 9 and 18 pounders, attach- 
ed to di&rent companies of artillery, without order, or limitation as 
to weight of metal used, or position, and without any arrangement 
into batteries, as organized units for field service established by 
law. The various denominations of fixed ammunition required for 

[Auem. No. 38.] 3 

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10 [AMSMH.T 

to many calibera, would alont oonfuM a •ervioe, tad a Ion or a 
battle; nay, id critica] cum, liberty itself might be the ooD«eqoea- 
eesof misiiutructioD, misdirection or misundoratoadiogof the caliber 
of ammanition wanted for the guns in service at a particular posi- 
tion, from the use of so many different calibers of field ordnance. 

It appears to me that the 6 pounder -cannoo is the proper gun 
for our country, for ordinary field service, and to which and the 
6 inch howitzer we should limit our field batteries, having 12 
pounders and 8 inch howitzers however in reserve. The British 
use the 6 pounder. We have the most field guns of this oaltt>er, 
and it appears the best adapted to our service for activity or mo- 
bility. It is light enough to be handy, and not too heavy to be 
quick, and for field service belter than the heavy nine, nearly two 
shots for one — and as regards range and execution very little dif- 
ferent from the nine — and the killed with the 6 pounder will not 
complain that they have not been as well killed as if killed with a 
9 pounder, as general Allix, of the French service, pertinently re- 
marks in his critique on the new French system of artillery. 

In relation to the number of guns of the two calibers required, 
eircumstances must govern them. Disciplined infantry are sup- 
posed to require a force of artillery less large than bad or indif- 
ferent infantry. I believe the latest opinions of the Emperor Na- 
poleon gave to a corps d'armee of 40,000 men, ISO pieces of can- 
non, 18 of which were to be 13 pounders and 80 howitzers. Such 
a number of pieces would organize twenty batteries of 6 pieces 

In all services of Europe the number of cannon and howitzers 
intended to compose a battery of field artillery are limited to fixed 
numbers. The British and French have theirs of six, and the 
Russians theirs of eight. The pieces with an ammunition wagon 
or caisson attached to each piece, are, by the French, termed the 
material of the battery. To manoeuvre the battery and transport 
it is the business of the train of the battery, or an organized and 
disciplined corps of drivers and horses, and to these two parts are 
.added the personal of horsemen for horse artillery, or foot artille- 
rymen, in charge of whom, and under the direction of the chief of 
whom, the manoeuvres and duty of the field battery are executed. 

Battalions of the train* were introduced into the French ser- 
vice about the 8th year of the French Republic. Colonel Cotty. 

.coy Google 

N«. M.] 11 

in hit Bneyelopedia Hethodique, csUi their cMatiOD <*ah«ppy 
idM from which all adruitagM h«v« been derired tince their ori- 
gin." ' Spedal regulatieu ivere eitabli«hsd in that senriee for the 
** Train D'Artillerie." Id the now Preneh •yitem, the tmin is a 
eompooent part of the personal of the batteriei; the diitinction 
between the toldien of the train and those of the personal is mads 
by^ the terms of canoonier «u( for the matrus, and cannonier con- 
dmctor for the driver. The uniform of the soidien is the same, ex- 
cept a trifling distinction which denotes the train soldiers. I believe 
there h no analogous institation in the United States arm^ to the 
train corps of the artillery arm in Europe, at least I have not heard 
of mj soch. Withoot sacb corps in the artillery of the United 
States, and the militia artillery arm, it appears to me that, how great 
soever the intelligence of the personal of the field artillery may be, 
and good the material, the value of the arm for its capacity of 
motion, and celerity of execution, will be mnch lessened, if not in 
some eases paralyzed. An artillery with disdi^ined train corps 
demonstrates the truth of the deiideratnra of discipline of Marsbal 
Saxe, that '* the mystery of discipline lies in the legs," for without 
tho legs and mechanical action of a well disciplined train, annexed 
to OUT field artillery, our batteries wilt lack the necessary tout en- 
semble of action for efficiency in the field. I would, therefore, re- 
commend the institution of a unit force of the artillery arm in our 
militia volunteers', by the organization of hatteriet of field artillery, 
(instead of companies with one field piece, and regiments of four, 
ive, NX, seven or eight companies of artillery with as many pie- 
ces,) of At&r agklpiecet^ of denominated calibers' of cannon and 
hovritzert, having in view the territory and topographical locality 
«f the State where they are organized — the personal and train of 
batteries to be component parts of the same command, whether of 
hone or foot artillery — the train of the foot artillery to have all 
tite privUeges of horse artillery, and to receive the utmost limit of 
legislative enconrsgement, to induce the intelligent to take part 
in the establishment of an efficient artillery system, in the place of 
die nominal corps of that name, which are now prevalent, and of 
Title value as artillery or a system. 

CSoagnas has power to establi^ laws to organiia the nilitia, and 
" Botqect to soch laws, thfc Cootmandar-tn^hief may alter, divida^ 
awsnr and coosolUate the diviaioaa, brigades, regmients, batta- 
liona, squadrons, troops and companies in such manner as in his 
(pinion the proper oi^anizatton of the same shall require.'* Con- 

DigmzecDy Google 

13 [AasEiiM^r 

grew bu not autfaomod the hone artillery, ftnd train corpa hi the 
militia, it is true, nor in the regular army; bat the ana of botBe 
artillery has been establiahed, and is known to osr State laws; uaA 
" the proper organization" of our artillery, horse and foot, bov re- 
quires necessarily, train corps, as a component part of ovr artillery 
system, to give celerity of acticn and promptness of execntioa to 
the unit force of the field battery, when ordered to execute at a 
determined position. Congress acted on the militia law, and esta- 
blished a general outline.j>f organization on the eth May, 17&3, at 
which time, although the horse artillery had been introduced into 
the armies of Pruisia, by Frederic the 2d, and was perfected during 
the wars of the French Revolution, yet such corps were little or 
not known in the United States at that time. Train corps are a 
subsequent inititution, and their organization in the horse and foot 
artillery in France, added. a power to their disciplined infantry 
conjointly, which gave auperiority to the French arms in many of 
their most iplendld achievmeuts in the wars of the revolution and 

Should the proper organizatioD of the artillery of this State be 
thought to require tram corpt, I would respectfully again recom- 
mend to the Commander-in-Chief, and the LegiBlatura, to organize 
the field ordnance of this State, ofpropo" caliber* to be so arranged 
into field batteries of artillery, and the train corps for their ser- 
vice, to be attached to the companies of artillery, which will re- 
quire to be re-organized for the service of the field baltories. Un- 
der this change, legislative encouragement should certainly provide 
sufficient inducement to enlist an able train and personal, in order 
to make the organization efficient, and the New- York State artil- 
lery a volunteer corps of capacity and respectability, as a military 

Believing that the comfort and health of the soldier will be prcH 
moted by a well constructed knapsack, to contain his necessaries 
conveniently and securely, if made of materials impervious to wa- 
. ter, such a knapsack wiU be submitted to your examination during 
the present session of the Legislature, constructed of materials, and 
of a model, prepared by my directions, and will be sabmitted with 
aecompanying "observationB on the Hanovarian knapsack," of 
wUch the one to be presented is presumed to be a close pattern. 

.coy Google 

No. 38.] 13 

I would cloM tbe«e remarkt by annexiDg the following extract ' 
from the report of the lata Commisaary-Generai Muir, under date 
of January 20th, 1839: 

" The duties required of the CooimiBsary'-General, under the Re- 
vised Statutes, (by the orgaoization of artillery companies and 
corps, issues of ammunition, constant accession of arms, ordnance 
and other property,) have been so very much increased, that he 
submits, with great deference to his Excellency the Governor, and 
through him, to the Legislature, his claim to an increase of salary, 
adequate to the services required of him, and of his responsibilities 
in the amount of property entrusted to his keeping." 

Persuaded, from my own experience, that the representations in 
this extract are well grounded, I respectfully renew them through 
yon to the Legislature, and beg an indulgent consideration of the 
suggested proposition at this time. 

I have the honor to be, with the greatest respect. 
Your Excellency's ob't servant, 
Com. Gfea. 

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,0 D, Google 


( Note I. ) 

The new cannon of the French Bystem are nearly the model of the 
Gribeauval, adopted ia ITSIk But the neW howitzer differs essen- 
tislly from that of the Gribeauval 6 inch howitzer, which, in the 
bore, chamber included, are but 3 feet 41 lines, whilst the new, of 
'ix same caliber, have a length of bore of B feet 6 inches, 51 lines. 
The 6 inch Gribeauval howitzer weighs 650 lbs., the new, 1,800 

The lengthening of the howitzers now in use, has been adopted, 
lit To give greater range and more accuracy to this species of fire 
inns. 3d, Becsuac the same carriage serves at once for the can- 
non and correspondent howitzer. • 

The augmentation of the we^ht resulting from an increased 
length of bore, is not an inconvenience, because the howitzers do 
not weigh more than tho cannon with which they ought to forOi 
battery. Thus their respective weights are. 

For the IS pounder cannon, 1,808 lbs. 

Porth^ lengthened howitzer of 8 inches, 1,800 " 

Por the 8 pounder cannon, 1 , 1 88 " 

For the lengthened howitzer of 6 inches, 1,£00 " 

The chamber of the lengthened howitzer has the same diameter 
M (he bore of the cannon with which they are respectively placed 
in battery ; tha same sponge serves for both pieces, only that 
tbe rammer of the howitzer has its end hollow, in cup form, to re- 
ceive the fuze of the shell when loading the howitzer. 

The caliber of the cannon is 4 inches, 5 lines, 9 points for the 13 
pounder, and 3 inches, 1 1 lines for the 8 pounder, (French mea- 
■nre.) Their balls are one line less in diameter, which is termed 
llieir windage; the length of the bore of the cannon is seventeen di- 
uneters of the ball, and their weight 150 times that of the ball. — 
[Translated from a French work.] 

( Note II. ) 

The qualities signalized in the new French system of artillery, 
aad of which the mode of actual warfare au^ents the impor- 
tuce, imposed the obligation to simplify the organic forms of the 
penonal, and to introduce in its coostiiutioa modifications, which 

.coy Google 

16 [Amemklt 

might give tbe aeeeaaiy degree of activity, to profit adruita^ 

geously of the perfectiooB obtained. 

Under other coostderationB the necessity of important changes in 
the constitution of the persona] of the artillery, had been for a 
long time acknowledged. In the place of forming one and the 
same corps, animated by tbe same spirit, directed by identical in- 
terests, the persona] of the artillery was composed of two distinct 
parties, which had to be united at the moment of war, since their 
co-operation could alone perform the duties of the arm in the field. 
One of these parties was exclusively charged with the service du- 
ty of the piece; this was the artillery properly so called: the 
other, under the denomination of the train of artillery, was uni- 
formly appointed to conduct the pieces and the store*. These 
two classes of agents, almost strangers to each other in times of 
peace, were, in time of war, when their agreement became iodis- 
penaable, rather opposed than amalgamated, because each had its 
particular chief, a difierent organization, and a separate adnunis- 
tration. From thence grew interior coHisioos, which too often 
became hurtful to the service. 

The now organization has given a turn to these inconveniences, 
by admitting in principle — 

1. That every man who figures before the enemy, either as an 
artillery aid or a conductor of a field piece, is a party of one class 
of cannotiiers. Those who serve the pieces are the caiiiu»n'er> 
aidt, those who conduct the pieces are the cantumiert condMCtort. 
They have both the same rank, wear the same uniform, except 
some slight difierences which the special nature of Ha service re- 

2. In time of peace, as in time of war, the part of the personal 
attached to the duties of the piece, and those attached to conduct 
them, form only one and the same whole, designated under the 
name of battery. 

By thus effacing all disparity among the men doing duty in the 
same arm, where their concurrence is necessary, the new orga- 
nization has united interests up to that period divided. It hiss 
established unity in the command, concert in the manoeuvres, and 
has caused the difiBculties which presented themselves in a trnn- 
flition from peace to war to disappear. [Translated from the 
French, same work as Note No. I.] 

( Note III. ] 

Letter fixm JiTatkan FMet, Keeper of th« Arsenal at Batavia. 

Batatia, SlST Febbuart, I8S4. 

I have the anpleasant intelligence to announce to you that a 
fire broke out about 3 o'clock P. M. in the white house near the 
arsenal belonging to tbe State, which entirely consumed it in a few 

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minnles. The occapants barely had time to take the most of their 
effects out. The weather was very warm and pleasant, and how 
it could have caught tire from the small quantity of fire they must 
hare had at the time is imposible to say, with any degree of 
certainty. We had a very hard blow, or it amounted to almost a 
gale, a few days since: it unroofed a part of the wall on the north 
side of the arsenal ; and on the south the frame of the roof was 
fastened to the wall by hooks and staples, which held the frame; 
bat the wind came with such violence that it took off one length 
of the roof, and carried them against the gate with such force that 
broke it open and considerably injured it. At that time the chim- 
bies in the house must have been considerably racked by the wind, 
u it caused them to work back and forwards' some inches, and 
must have cracked them between the plastering and the chamber 
floor, as the fire was first discovered at that place; the soot must 
have taken fire and communicated through the chimney. I can 
not account for it in any other probable manner: the building burnt , 
■tood within 30 feet of the yard wall, and so near the arsenal that 
had the wind blown from the east it would have been hard work 
to have preserved it: by keeping the roof of the wall and red 
building wet we were able to save them. The wall roof should 
be replaced as soon as the weather will permit The other re- 
pairs you examined and understand, without any information from 
me on the subject. Yours, &c. 


TIm addttSond p*p«n ^eamfUijiBg ttJa Docummt w{U ba'priBtad mpmttij. 

[AMem. No.<38.] 

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DigmzecDy Google 

y«. as. 

JaaaaiyS, 1835. 


A.can»timjiMg tke Ueftl^&e Cinwmaniy. 

(Imm )(<>.'M.J 

DigiiiLOD, Google 

,0, Google 

DigiiiLOD, Google 

D, Google 

f the State of New- York, 


lag riflei. 
tf pistols. 

' eqaipments, abouL 

of 1,000 roundi each, of fixed inoiket 

of pifltol cartridges. [cartridges. 

I of fixed canister and strafed shot, for 

pr's. 9 pi's. 8 pr's. 4 pr's. and 8 ponodera. 

r and howitzer shells. 

n balls. 

^r casks of powder. 




,0, Google 

( C. ) 

A StatoBMBt ia detail of t^e Ordmnee, AnnB» Ammu- 
nition, and other Manitlons of War» the property c^ 
the State of New.TQrk. December ZUt, 1834. 

Jk FtrU Mklummd, Tmiplmx a»d. Oufiox, St a itm - U mmi. Mgm 
Wvt. D*Ua», Keeper, 

Oatrinn Qrdtuace. 

Iron S3 pounilen, mounted, (Port Richinofld,) 35 

34 " " » 

34 " (lismoUDled, (Fort HucUoD,)^ iS 

33 " *' (near the dock,) . > 1 

Ordnance &9res. 

GarriBon gon esriiaget, :..:..; 43. 

Pent-hottses,... ;.. .- '. i 43 

Rammen and spongek for S3 pouodtin, 38 

'*■ » 34 *' lOS 

Ladlea for S3 pounders, ST 

" «4 " IS 

Battery handspikes, I SO 

Iron orowbars, %,..,,..., W 

Ix^^rheads...... , ...... Q- 

Gun scrapers,..,,. 3 

Worms for JU pofuiderv, 38> 

34 " Sft 

Debet carriage. *....,..•.... ......' I 

Beds and qqoins. .., .: SO' 

Iron truck wtie^lq,. ...»*. 10 

Small truck carriage, .,...,... «.... l 

CaaaoD balls for 93 pounders, m 3S1T 

" 34 " 4133 

Wa<^ a lot 

Last reti^ dated January, 1834. 

Ordnarue aitd Ordnojue Sbtrei d^sited at- Oovemor's klamd. 

Iron 34 pounden, dismounted, ..-. 13 

Ordnance Stares. 

Garrison gun carriages for 34 pounders, .' 13 

DigmzecDy Google 

Field Oirttmamee, 

Iron 34 poandbn, (SHnoum), .'«*t-. .r».,r..,„ »» 

18 " •' 4 

« :: *' « 

Brm la poandwfc- diiipo«ni«ii^ ,«...*.,..., ft 

ff " * .„.......'. « 

♦ " - Boanled,...« -.. — .;.„.,,*., 4 

t ' **■ diuiomted, S 

* ** "■ NHwing, } 

Field arlillery carvitgM, ., ►...,.,, S4 

IV inch oMtnan, .».^..,. „„,«,,„.,... ,..,„.. „,, % 

«. ■' 1 

Si incheprouvette, ,..-.., , f 

yercuwion cmidoh locks, »....,»,.... ,, .,„,, 94 

StsckorlMod locks^ «.,.-. i» 

Mtef, ...„;......... 12 

/a tkepamttuomt^jarHUeiy Cawtfioiiew, houted M IM0 A-temaL 

Brm J8 pwHKlertr nxninted , a 

• ** " 1» 

• ** •* , -...«,„..„ » 

Wagoiu, >..,»*..„,..,. ,.,..„,....„.,, .^.. 1 

Caimon*, , .,., »,,,. ,...,„^,..,„, V 

Turabrifii, ..;,:,,.-, , 9 

Ckmioaiocis,.....*^.,.,... „ —.-...^ .„.„„„ 22 

Klflikettt in-«rd0iv, ...,,► ^.. .-..,. >]M» 

Old barsMts...... .,.......,- ,, 1^ 

Old ramredi, r.^, ...„., „,,.,, 1, 60 

Common riflei) ,.-.... «..„,,.,,, *„,,„,,..,.. 42 

Repeating riflaf , eomplat* „,. ..,; •.... ftSO 

North'a patent cM-biMr ...»......,,„,.;,, ' I 

Commoik Eaglitb " ••..••...»......,,,■ * 

Gsvah^ ewoKlii. ....,.,„,.,, .', | 

Tain of piatulflf •••••»• 4..».,.,...,.,, ,.,.., ,„„,.,,, )59 

ArtiRerjr awerds, ,...,,.,... „.,,,,, 9M 

CntUiMa,.... , '"" <^4 

Cartridge boMB, .., j^„^ 

• " Li ^^ IM*' 

BtyrmM •eabbanla^ 13909 

_ _,.\ fc«*<^ - 111. Mwr 

Sword beha, .^ j^ 

G4»«liqg^,, ",'.".".! 17W 

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NO.SM.] 41 

Kuptack^ (4fg 

uantecnt, ,^ 973t 

Old field artillery carrioget .,,.......*.! S 

Wagooi, , 

Canaont, ■ 

Tdmbrila, *". j 

TraTelliog forgea, i |., n 

SeU of harnera for traio, J09 

Incomplete seta, 4 

Driver! aaddlea, , 40 

Commander-iD-cbiera marquee, " i 

Utenailifor " eets, I 

Hospital leDlSv , , j 

Tent partitions, , , 51 

Wall tents, ....,;. IM 

Conimoo infantry tents 44S 

Camp stools, OO 

•* kettlea, '., 59 

Old and brolien camp kettles, a lot. 
Tent poles, a lot. 

" pins, " 

" " baga, , ,,,, 80 

Mallets, a lot 

Nationul colors, , , .,,.,., • 9 

Regimental " ,,,. 7 

CaTslrjr standards, . >•••••>••........'.......,....., 19 

Standard socket^' 9 

Bugles, 4 

Files, 197 

Snare drama, ,..,., ....•.,..,,..,, 99 

Bass ■* ^; ,,., tf 

Drnm sKncs, , ...,.,, 20 

" Slicks, M 

Medinoe chests, , "........,,..,,.,,, S 

Garrison hammocks, ,, 29& 

OW canvass caps,,...*. .,».......,,,„,. . I 

Budge barrels, .... .............. ...... .««...,,,,...( 9 

Sod cutlers, ,. ,,, 4 

Facine hooks, ...•......•(«.........•.,...,... 119 

Quoins, .,.,...,.,..,„, M> 

Kamniers and sponges,,..,, 164 

Ladles^ ,.................... ,.,,,., 41 

Worms,.., ....•.,,.,....,..•..,,....,.,,.„., 7ft 

Trail staves, ,. , ,..,....,, ,. 4ft 

Mortar handspikes,,,., .... 4 

" sponees, ...... . ,..,.,.,.,.,.,,,.,.,,,,...,.,. 4 

Battery han^ikes, ..., , , jeft 

Protunges, .,.......,,,,, ...... 4ft 

Garrison dr^-ropea,,,... !H> 

Seuof '* ,,.,. „.,,.., 411 

Spw* drag-n>pe baodlasi a lot. 

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BricoU^ old and new IW> 

SheH tcrapers, 1 

" hook», 4 

Shot carrien, 4 

Iron ladlet, • ..• ' • l 

Linstocki, . . . . •. i... * •' ;.... 7* 

Port-fire gtodts, 45 

Tar buckets, !8 

Sponge" old, *•*• 4 

Lead apron and straps, a lot. 
TompioDs and collars, " 
Spare impfement straps, '* 

Leather narersacks .- 83 

" pereaisioD lock caps,.. 15 

'* tobe boxes, 37 

Tin " 08 

Pnwder-'homs, - 83 

Tabe box straps, a lot. 

Guoner's bells, 81 

Powder-horn 'Straps, a lot. 

Port-fire cases, S7 

*' nippers, ' IS 

Gunner's hammers, 18 

" ghnleu, .' .' 3t 

*' pincers, 15 

Priming-wires for cannon, S9 

Thumbstalla 18 

Tarpawlings for cannon 4f) 

**■ tent floors 22 

Spare tompions, a lot. 

*' sponge heads, a lot. 

" rammer *' , '* ' 

" tomptoR coilara, *' 

Sponge corers, 60 

Ladle tompions, 25 

Whiffletrees; 38 

Gunner's quadrant; ..- ,.. I 

Spy-glass, 1 

Case of mathematical instruments, 1 

Brass caliber compass, 1 

" sot shut' gauges 1 

Wooden port-fire moulds, 1 

" shot gauges, : 10 

Copper syringe,.. i 

Poi t-fire formers, 9 

Cartridge '* 19 

Pilling tables, 1 

Tinder boxes, 1 

Parts of sets of Armorei^s tools, 2 

Lathe wheels 1 

Emery " 3 

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No. 98^ 4S 

SiDith's bellows, 9 

Small TJaei, » S 

Anvils, 1 

Musket scraper, .,... 1 

Boxes of guD-worma, 1 

•' Bcrew-diivers, 1 

Smith's tODgi, ....*.. 1 

Sets of bullet moulds, 1 

Small " ', W 

Filing boxes, l« 

Fieeea of port-fire^ JO 

Cnls of slow-match, ..■>>t SO 

Port-fire forms, • .**• StO 

Brands, .* 1 

Cannon searcher,... ... 1 

Iron crowbars, | 

Gins, ..? **'<« . - 1 

" condemned 4 

Jacks, 1 

Tackle blocks, * 4 

" falls... 4 

Wheelbarrow, ..•.....«,... i 

Iron truck carriage^ ..«»*' 1 

Wooden " • '...,., I 

Old wall candlesticks...... J.. m 

Steelyards, .] 

Wads, a lot 

Brace and bitts...... ,.... T 

Drawing Itnives, ..,..^.. I 

Hatchets, .... 1. ..^ ,., t 

Cross cut saws, S 

Hand " « 

Axes,..** F*.*« 1 

Broad axes, ■,*...-, ..^ 1 

Augurs ..*r**.t.. *»■*>:• 10 

Hammers^ ».• 1 

Oil itone 1 

Glue pot, ..*.. 1 

Wrenches, ,...«.. B 

Sledgehammers, •*.«»* ] 

Adze,.. ,^. *.*„..,.,.,«. 8 

Square, •■*.* 1 

ShaTing horsesj #.*^ 9 

Wlieelwrighf s iron vises, 3* 

Planes, ....<*...,...». ...^ Q 

GrindstCHies, 1 

HaHk, a-lot. 
Boards, •* 
l^aiber, " 

Sbeepsluos, .*..<«... 4...... .< • 



' 44 [A«SB1I>LT 

Ladaert,old, 3 

Cart, now, 1 

" hom, 1 

** hsnwM, 1 

Wagon,.. ^... ; 1 

" harooss, old 1 

Curry oomb aod br^, 1 

Iron ifaoTolt...... i,, 3 

Wooden ■coopt, 3 

Dusting bnunn, ;. 6 

Broomt, i ^. 6 

Whitewash bnubea, ^...'. 3 

Desks ;.; ; .■ 3 

Writingtables,^ ; 1 

Office dtairs, 

Coal pansi ..t...i..,j..,.,,,,; , ;., 1 

** scttttlet,i.:.ii «.-. i 

Pokers, ;;,,.; .; 8 

Arsenal bell, i : ; 1 

Btovei and grates, .,.....,..»..,. > 

SkoTols aiMtoiigs, t 3 

Oil oan, , ;; 1 

Watering pots, .i..;....^:....;.; ;...:.. 3 

Woodsaws^ ; .* 3 

Locks. 5 

Stone jugs,...;. 1 

Tin IsDthomet, 3 

Old thill shafts,..^ 36 

" firabaeheta,.,,.; 4 

Rakes, 3 

Hoes, ;.. .: 3 

8toT« fender, *. ,.; ; I 

Tio oartrMga diests, ; t 

Sperm ml, gallons, about 35 

Neafa fool oil, half a barrel. 
Harness TaniiBli, . *' 
Tar, » 

Iron tmok wheels, * 26 

Tambri) tops, 40 

Shackle cttffi,...., 73 

„ ",. '»'». « ;....,.. 17 

.Boarduig axes, 19 

Mnsket stamps, S. N. Y., 3 

SSpoonden, ,.„ 3t68 

84 « i.. • 

JJ ;; ..; 667 

" *' 386 

■ '; ^ 1646 

< SO 

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Spooaden,.,...... ....^«...... l«n 

s " » ao 

ftO inch ihellt, ..,.......».-.. »..,.. MT 

8 " - IIT 

8 iaeh howiUeri^elli, ...-....-. •...-..,-...■.. 7S 

Tn 4ke Xagaxtut, ^ew-Tork hJand. 

fixed ^Jiumumtion, 

« boxes eaoistm- shot, • pn. roaodt, ,<. ..,,-.. 174 

I 6 ■* twwppei « « ** , , .„, jgj 

1 ** cuiater '" 4 ** •....-......«,-....■.., IS 

I I " atru^d " '" " - „■.... IS 

14 *- ctauter ** S ^ ,...- ..i ,..., gat 

30 " ttnpped " " " ,...,....-.«, .^..,. S96 

14 ** e«nMt«r " • ** ^..,^..., ..,^ 144 

11 « fltfippsd ^ " " .,.,..... „-,. lOS 

»0 " cwiiflter "IS ^ , IN. 

t$ *• ttrapped " « ** , ,„ 18S 

I 135 boxes. ir<nd rowids, v 1497 

4 boxes-catri4ges,oB«oQ<l, IS pn,rouadsy.. ....... '..... 4B 

5 " caoister, not-fixed, > " ■,..■,■,-.-..,.,., M 

I tSfbexesomketcutridges, 18tolb.ieoeeach,.,.-...., SHWOO 

8 " « 18 " '* 800tt 

S9 " " 40 " -^ ftgooo 

SS " pistol ** MOau^ ; ISSOO 

8M boxes. ' TatMlnatiMt.. 


IB boxes of canister, 18prs.T0«nds, .................... IM 

I " « » « , 14 

18 " nnuket bidU. 
7 " buckshot. 


canister, S prs. roands,. . 

Boxes of fuiei for sfaelu, . 

" tubes for cannon, (worthless,) • 

Kegs of mealed powder, 

Port-fire moulds, brau,..-.. 

'* drifU, .....> 

Copper measures, >. 

** . fuBnels 1 

" eoopeyt tools, 

*' dredging box,.... , 

Powder sieves, 

Tin scmles, idd, 

[Aswm. No. 38.] 9 

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49 [A*«mst,l 

Setsof stnaU wsighte, 

Wooden scoops rr 

DiMtiog bruibes, ,... .r.. .... ............ 

Pairs of mocoasiat, ...... .... ..>..... 

Unfilled canisters for ISprs...... 

Paper bags for cartridges, a lot. 

Quarter 'casks of powder, tlSI 

At the Artenal nt the city ofAB>any. Fraiicia Costigan, Keeper. 

Field Ordnance. 

Iron 9 pounders, mountsd, 

•■ 6 " " * 

Brasae " " oM, ..;. '■ 

** powder pFoof,.... 

ih the fMteetion of A-tiUery Companiet, Mouud at thelA-eenoL 

Brass 6 pounders, moiuited ,... 4 

Ordnance Storet. 

Travelling forget, 1 

Tumbrils, \ 

Caissons, .- t 

Muskets, in order, SI84I 

Common rifles ^...,.......... ISlt ' 

Repeating rUles, I 

Cartridge boxes, 348S 

belts, 81M 

Bay<HMt scabbards 1949 

Gan tHngs, 419 

Canteens, a lot. 

Old artillery carriages, a loL 

Harness for train, sets, 9 ; 

Old arltllery harness, a lot. 

CAA and broken camp kettles, a lot. 

Tent poles, a lot. 

Begimental colors, , I 

Pairs of color tassels 87 

Standard sockets, $jt 

Bugles, '. 31 

Fifes, 10 

Suare dmms, 54 

Drum sltfigs, 139 

Boxes of drum-sticks, 1 

Barrels of soup basins, 3 

Budge barrels, 4 

Rammers aod sponges, old and new, 79 

Ladles, " 59 

Worms, '* 4S 

Trailstans, " S3 

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No, M.] <t 

ProloDBVt, 00 

Seta ofdrag-ropei, ^ 7 

Bricoles, old and new, 408 

Liostockfl, *' 67 

Fort-fire stocks, " ..>.• 88 

Sponge bucliets, '. S$ 

Lead aprons and straps, old and new, ....'..........,.,. 49 

Tompions and collars, " 46 

Implement straps,.... .■•>.. ' , SO 

Leather haversacks, old and new 11 L 

** tube boxes, with straps, 64 

Powder-horns, old and new, .; 44 

Gunner's belts, ** 46 

Smalt vises, ,' , 6 

Musket scraper, *. 1. 

Boxes of gua-wortns, 1 

" screw-drivers, • 1 

Sets of brass bullet moulds,.... 16 

Small " a lot. 

Sets of miners rods, , 1 

Cannon searcher, 1 

Iron crowbars, S 

Jackscrew, 1 

Tackle blocks, 1 

" fall I 

Musket stamps, S. N. Y., , 1 

Laroe iron vise, 1 

Smul timber, a lot 
Red cedar posts, " 
Old slate, " 

Old iron, " 

Sheepskins, ^ 1 

Old drum shells, 4 

" heads, 48 

Bass " 8» 

Drum cords 9 

Old burnt arms, a lot. 
Packing boxes, a lot. 

Old common blankets, 8 

Ladders, 1 

Desks 1 

Wrench, 1 

Hand brushes, 3 

Brooms, 2 

Percussion stock locks, I 

" lock caps, IS 

" cannon locks, 4 

Wall tents, 8 

Mallets, 6 

Tent pin bags, *. 8 

" a lot 

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m tAaaamwuv 

CEimp fltoob^ r.. >-.. .-^■,; *.».. .— . ...... 9 

Vort-fir«caNirOldudDewr .^ .r.»*«..> .*..,... 78> 

Mound Sh»C. 

Tor ISpOBbcfen^.... » ^^ ».^ ^... 467 

» " , 740 

« •* - Be* 

4 •• 126tt 

s " iwa 

Boiei of gtape ihot...... ^. „,. B 

" AuHetbills^ ^^., *.r... I 

( "^ b«ck thot „*r ,. & 

7oundf ** ,.......r .•....*. ScirU 

^zes ofnaiketflbitt, ^....*^.,. 1 

Jh the Mc^azate at ^JlMny. 

B bosM canister Hhet^ 8pr. regn^,.*..*. .*..» »....>.. S9 

S " ttrapped " " r >... 70 

0(7 ** fixed muaket csrtndges, 18 to lb, 1000 mdv ..• VHMW 

» ** " " W " ** .... MMft 

garter casks ol pavderr* .r.*.. 49 

Lut retnni dkted Nov. 35, 1834. 

■ft WkitthaS, remoMtHr tAere nmcs (Ac xof, a»d te/t m Mc eJtarge 
•/ f&e &ile JbJba Reid if Cot- 

Ronnd shot for IS potmden, I8S 

" 9 " m 

•♦ 6 « 864 

Jit Phtuburgk, retttmeifu in tie p<Mts»riom of a Mr, QiUtUmd. 

Oldmnakols,.. ....*.. IB 


Old tents, 5 

CarlridKe boxes and.belU^ ..........*"*.... 3 

Camp kettles , 9 

CantecDB^ ' &0 

At the Atenal at E&uiiethtotm. Asigiutu* C. Band, Keefer. 
^riM tatd Stores. 

Muskets, in order, I63I 

" out of order, 31 

Bayonets, 1383 

Ramrods, 1600 

Gun stocks and parts, I 

Rifles, ,.. SO 

Fairs of pistols, 28 

Swords, &0 

Cartridge boxes, 884 

" belts, 884 

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^ssion of Companies and Individuals, 














i' 15 




























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New- York, during the year 



























3000i l| 


Commiitanf' GmeraL 


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Ko. tt.] W 

Bayomt icabbtrdi, .'. M9 

« ..'.' '^'*^ • "8 

Sword belts, S9 

GuDtliBst, S60 

Koipneb, j53 

Canteens, 1^ 

Kegi of fired ■mmoDitioa, 25 

Reami of cartridgo paper, , jj 

S pounder that, , ,.., ,..,, IS 

Ola harnesi, r )ot 

CTaacs of inr^cat ioilniinentt, not fall, S 

Tourneqaeta, '. 

Lioen mtihwicIh, •••.* ...«..,. 20 

Irniorer*! tools, parti, ..,..,.,».,, a 

3mery wheeli, .*. 1 

>nntlh'i bellowi, 1 

'"i»e», 1 

toxes of port-fire, 2 

roaa cut mw, > 1 

^mcnM'hMd Mw, 1 

rindowgUw, pirtof box, •..- I 

b«k«, 1 

umbrik, 1 

■Fhe Arsenal at Malone, FranUin eouotjr, has no pn^rty la it 
im uoder the eare of Francis L. Harrison, ai keeper. 

^t the ^rtenal at Ru$$elL EHku Pkelpiy Keeper. 

, .Srmtand Slam. 

wket«, 4W 

nsrods* 4M 

/oneC*. ••••■•■• 48« 

tridge boxi^hh-- 18 

fon^t ■cabbard belts, , IS 

uoxcB fixed ammunitton, 1 000 rounds each, 19000 

tcff a. box of window glan, 1 

jgg /A« jSr$eitat at Watertomu Ja$an 'Ptarbanh, Keeper. 

■£rwu and Sftares. 

k»tM, ' '" 

in order, ' IT7D 

oot >■> order, 

muritct* and pieces,., 

'^'''^^d: ::::::::::::"::" :::::::z:::: si 

^^ seabb«nl>, 1«48 

H« ^ belts, 1648 

^g»* ' *" 

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KnapMck-. ...; ••. S»* 

Canteons 57 

Boxes of fixed anununilioo, 8 

Keg« " " •...: " •. I 

Reams of cartridge paper • 31 

Bound shot for 9 poandcrs, •••• 427 

Incomplete sets of harness, 3 ■ 

Linstocks, ■• •••» ...*.... 1 

Port-fire stocks, 1 

Grindstone • 1 

Old drum shells, 3 

Purs of snow shoes , f 

The Arsenal at Onondaga has no public property in it. It it 
ander the car* of Mr. George Hall. 

7%e ,Snenal €a Canandaigua. Holloaay Hayward, Kuper. I 
Ordnanct Store*. 

Iron 34 poander cannoD, 

Trarelltng carria^s for do. complete, 

pounder round shot, •■ ••>••••• •* 

S " " .^ 


Old " 

Tent poles, a lot. 

" pins, ." ( 

*' pin bags, " 

Rammers and sponges, 



Trail staves, .> > 

Sets of drag-ropes, 


Porl-firo stocks, 

Tar buckets, ^ 

Lead apron and straps, i | 

Tompions and collars 

Haversacks, ^ 

Tin tube boxes, 


Tube box straps 

Gunner's belts,.... ...• 

Tarpawlings, ..•> 

Old tin, a lot. 
Packing boxes, a lot 

£i tk* A-uual at Batmia. A*. FoOea, £itqwr. 
•Srmi^ Slort$. 

Uuakets, in order, 

" out of order, 

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No. «8.] II 

Bayonets, 1460 

Ramrodi, .....' J435 

Old muskfit biirrelB, ; IPO 

Gun stocks 35 

Cartridge boxes, '. .'. 1 X38 

Bayonet scabbards, 234 

" bells, 183 

Gun slings, 130 

Boxes of fixed musket cartridges, ,... 4 

Rounds of fixed canister for 13 pounders, 170 

Harness for train, sets, 6 

Driver's saddles 1 

Camp kettles, 303 

Tent poles, a lot 

Iron pots, S 

Emery wheel, ; 1 

Bars of lead, 4 

Pounds '* ». 60 

Musket scraper, 1 

TackJe blocks 1 

" falls, ;.... 1 

Drawiog-knife '.... 1 

Axes, >.-.. 9 

Saddler's horse, 1 

Barrels of old locks and parts, 1 

Oil kegs, a 

Old cartridge boxes, a lot 

Packing boxes, 10 

Oil can, 1 

£t jMssesiion of A^tUlery Companies^ 

Iron 9 pooodert, mounted, 4 

6 " " 79 

Brass 9 " " 3 

6 " " 95 

Field artillery carriages, 340 

Seta of implemoatfl. 
" equipments. 

Wagons for ammunitiOD, 1 


Musketa with bayonets, Ill 

Rifles, „ 7 

Bayonet belts and scabbards, 1S3 

Cartridge boxes and belts, 133 

Pairs of horsemen's pistols, 33 

ArtillerT swords, IIS 

Sword belts, 69 

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» [AMMObT 

Tuptwiiogi for eaanoo, 8S 

Drumt, 1 

Pifei, 8 

RiOe bullet mooldi, % 

Commoo iafaDlry tfloti, 20 

Wall tenti, with polei, pina, Ac, , A 

STATE OF NEW-YORK— Coini»*AKT-GBHeBAi.*« OrnoB, > 
.WVw-F«dt, Decemba- H. 1684. ( 



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Mo. 98.] 


Genfttal remorlu. 

A. Ganeral return. 

B. Recapilulation of Ordoance and Stor«f. 

C. Return io detail of property in the several Arwnalt. 

D. Return of Small Anna, kc of old isiuei. 

E. StatenMDt of OrdnaDce Stores received in 18S4. 

F. Statement of Ammunition issued to Artillery Compaoiei for 
|H«clice, in 18S4. 

G. Reporta from Commandants of Artillery Companies, 1SS4 
H. StateoMOt of Ordnance Stores, lie. issued in 1884. 

[Afsem. No. 38.] 

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No. 29. 


JanuaiyS, 1835. 


Of George R. Tanderlip, an Inspector of Lumber in 
the city of Albuiy. 


Georgt B. Vauderlip, one of the inspecton of lumber for the 
city end county of Albany, respectfully report* the undenigneil 
to be the quantity and quality of lumber measured and inspected 
for the year 18S4. 

Feet. fvrM. Falw. 

6r7,S86 pine lumber, 1st, 9d It ad qualities, at m dVI' «> 

I,SM,8»7 ■■ 4thquality 10 38,313 (W 

3S,496 old hickory 34 508 68 

71.603 chair plank, 10 3,148 00 

81,701 black walnut, 36 793 63 

387,080 -white wood 16 4,806 46 

87,606 oak 9« 760 10 

83,838 ash, 16 1,388 84 

88,461 maph) 11 978 07 

78.604 cherry, 38 1,70168 

3.837,466 868,468 68 

F^ss,.. 8884.83. 

GEORGE R. VANDERUP, iiupscler. 
[A«eem. No. 39.] I 

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No. 30. 


January 8, 1835. 


Of Isaac P. Hand» an Inspector of Lumber in the ci. 
ty of Albany. 

To the Lt^islature of tlu StaU of Jf em-York: 

In compliance with an act of this State, reguliUng tha inapec- 
tion of lumber, the subscriber, an inspector of lumber for the city 
and county of Albany, respectfully submits the following annual 
statement of quantity and quality, leather with the average pri- 
ces sold at, the same ending Slst December, 18S4. 

184,309 feet 1 at quality pine boards and plank, at 980 per M. 
244,647 " ad " *' " . 20 " 

230,7»a " 8d " " " . 16 " 

1,863,303 " 4th " " *' . 10 « 

28,102 ** 1st " white wood chair pnk*. 86 " 
47,688 " 2d " " " . 94 " 

278,066 " whitewood boards, 12 " 

2,690 " bass wood plank, 20 " 

90,211 " raaple boards, plank and joist,.... 18 " 

24,656 " oak boards and plank, 16 " 

47,957 " cherry boards and plank,.... 24 *' 

41,783 " ash boards and plank, 13 " 

90,094 '* bass wood boards 9 '* 

041,280 ** pine box boards, 9 " 

88,165 " beamtimber, : 9 " 

Fees,.. 41,172.68. 
Respectfully your ob't. aerrant, 

ISAAC P. HAND, buptcter. 
AOxtny, Janitary 1, 1886. 
^AMem. No. 80.] 1 

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No. 38, 


January 14, 1835. 


Of the aelect committee on the petition (^ Isaac 
Crabb, for an act authorizing mm to change his 

Hr. Ogden, from the wlect committu to which was rafflrred 
the petitioD of Isaac Crabb of the town of Phelpi, in the couatj 
of Ontario, for the pasaage of an act authorizing him to changa 
his name from that of Isaac Crabb to Iiaac Harriwn, 


The petitioner alleges, that several of his relatives have had 
their names changed by acts of the Legislature of this State, 
frofn Crabb4o Harrison: That there are unpleasant associations 
and prejudices attached to the name of Crabb, ffblch he now 
bears: That it gives an advantage to the malicious tongue of an 
enemy, and often serves to lessen the happiness of its possessor. 
A certificate of many respectable gentlemen accompanying the 
petition, sets forth, that Mr. Crabb has been for some time past a 
resident of the town of Phelps, in the county of Ontario, has sus- 
tained a good moral character since their acquaintance with him, 
and that be is a tingle mm. 

Your committee, on examination, find two several acts passed 
by former legislatures, authorizing different individuals of the 
Crabb family to change their name, to wit: An act passed April 
1st, 1834, authorizing Sidney Crabb to take upon himself the sur- 

[Assem. No. 82.] 1 


Z f Amimkblv 

WttBM of Hanitoa,- tad »a Mt p an od M»«h fift, 1M7, a a th p riri ng 
Hiram Crabb to assume, the name of Hiram Harrison. 

And deemug it proper that meMben of the same family should 
be permitted to bear the same name, and for other reasons set forth 
in Ihe prayer of the petitioner, as herein stated: And it being al- 
so intimated to your committee that the refusal on the part of the 
Legtslaturo to grant the pnyer ef the petiti<H)er, may seriously 
affect him in a very delicate and interesting relation in Ufe, and 
possibly blast tb« cooawnnation of his hopes of earthly bliss. 

They are moved to the conolusion that the prayer of the peti- 
tioner ought to be gruted, and ha*« p s ^p trad a bilt for tliat por^ 
pose which they beg leave to present 

All of whidt Is respectfully submitted. 

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No. 33. 


January 14, 1835. 


Of the Ctnnptroller on the petition of the supervisors 
of Herkimer county* rehitive to a loan from the 
School Fund. 

Tbe Cmnptroller, to whom wis referred, by the Anembly, a 
petition from tiie board of superrisora of tbe county of Hei^mer, 
and a bill for loaning money to said county, from the Common 
School Fund, regpectfuUy presents the following 

The petition of the board of supervison represents, that the 
mini appropriated by the several acts of the Legislature, in 1BS8 
and 1884, are inadequate to pay the expenses of erecting the court- 
bonse and jail in said county: and the prayer ofthe petition is, that a 
farther loan, of two thonsand and fifty dollars be authorized, which 
mm is to be repaid* by levying a tax upon the inhabitants of the 
county. Tbe bill provides for the repayment of this loan, in two 
eqaal annual payments, from the first day of March, 1838. 

There is money io the treasury, belonging to the capital of the 
School Fnnd, and, in the opinion of the Ccnaptroller, a better in- 
-veatment of it could not be made, for the lecurity and advantage 
of tbe School Fund, than the loan in question. 
Respectfully submitted. 

(Am«b. No. 88.] 1 

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January 14, IS35, 


Of John Preston and oAens rctstive to m unproved 
manner of teaching schools. 

Tthtie AinwroMe tie L^lalure of the SUte «/ JV«i9- Fori: 

TIm memorial and petition of Sunuel Steele, WiHiam A. Tw«ed 
Dale, Chariea Smith and others of the city and county of Albli- 
ny, in reference to the modes of teaching in eemmoB schoob, 


1, That aa to the mode of teadiing, we beg leave to reoMK 
mend <be monitorial plan; and adTise to haTe it georai^jr intrg;- 
duced through.the. State. The advantages arising fi-om this plan 
appear to yoar memoriftlists to be of high importance and worthy 
of being obtained. We are certain that three valuable objects 
may thereby be produced, viz: an expeditions mode of acquiring 
the nidimeota] parts of education; a saving of time; and, coDse- 
•qnently, a saving of money in the pursuit. 

3. Permit your memorialists to prescribe a mode of operation 
when teaching the knowledge of the alphabet and the rudiments. 
Id the Srst place, furnish every child with a slate and pencil; then 
let a class of children be shown the picture of an animal or some- 
(lung faniitiar and interesting, the name of which they may be 
tat^t to spefl by writing it in sand or on a slate; and, having 
4x>oe M repeatedly, the class should be taught to read the names 
witboat seeing the pictures. Let the pictures be only such, in the 

(Senate No. S4.] 1 

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pmral oue, or iutanea, u are nuned with a monotylUble; nieb 
M man, ox, pig, dog, cat, cap,, &c. ftc> 

8. If adioohi in country towni cannot be mpplied wiA fuetnre- 
bookl, let a child be taught mechimically; that it, let a mcHiitor 
teach the learner how to mark the shape of the lellen on lomt 
kind of mrface, such as ■ Uack bovd- c«Ter«d with white tand^ 
on thii they may mark with a finger, a quill, or a atkk^ and inu* 
tate ft copy autpended before their leati. 

4. Permit your memorialista to deacribe thia mode in teachings 
for your honorable body to- take into- comideration : We would be- 
gin with tho large letten of the Roman alphabet which can be 
moit easily formed, auch aa I, H, L, &c.; then progreM from theie 
of direct lines and right angles, to those of acute angles; then to 
those of ■ dreular formation;, and when a koowle^e of then 
■hall be obtainedt we woold teach how to form the small lettera 
and the italic alphabet, or written characters. 

6. These italic or written characters we use in writTng words of 
two, three, or more letters on a slate under the inspection (tf a 

t. We aiv well cooTinced that every pnpil ought to write liii 
or her lesson on a slate, or on paper, before the time of reciu- 
tioD. Thia mechanical performance £iea ideaa in tba mind more 
permanently, or in a manner mon laating than can be obtained bj 
the common mode of teaching. 

7. We feel ouraelves under an incambent duty to urge the mem- 
bers of every school district to comply with these iuggestioui- 
We also pray- your honorable body to pass a law for an encourage- 
ment of the same. 

8. If a child of five years old attend school several months with- 
out learning the alphabet, it is a sign of poor economy; we hum- 
bly conceive that something ought to be done to remedy this lou 
of time. 

9. The common mode of teaching a cbiM the names of the ]e^ 
ters four times a day, or even six times, is not a sufficient portii»i 
of teaching whereby we can pronounce that mode justifiable. 
Therefore your memorialists and petitioners pray for some amend* 

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No. M.] 8 

meat, or some •Iteration, ei your wiidom tn&y direct, to reoder 
equal jutUce to small children whea comotencing ttieir edacttion. 

10. Yoar petttiooera beg leave to remark further: By experi- 
ence we find that another amendment in teaching, among the lar- 
ger scholars, is necessary in order to render equal justice; tbatia: 
We find arithmetical classics and grammar classes requiring an 
unequal attenlioa of the teacher, whereby the small children do 
not receive ^eir just share of tuition; and to remedy this evil, 
your petitioners ask leave to advise that classes in arithmetic have 
books that will enable the scholars who have a small degree of 
knowledge in figures, to teach new beginners in that science; for 
we find that this measure relieves the teacher, so that all the school 
can receive nearly equal attention. 

11. As to parsing grammar and teaching the intricate rules in 
arithmetic, we beg leave to say, in our opinion, they ought to be 
separate from day schools in country towns, especially in the win- 
ter season. We ask liberty to suggest to your honorable body, 
that evening schools might be instituted for these branches of edu- 
cation; and, if a number of young people wish to become profi- 
cient in grammar, let them omployan it Inerant teacher, and obtain 
a thorough knowledge in that science. 

13. If your honorable body permit, let us remark that the teach- 
ing of grammar, geography, penmanship, reading and arithmetic, 
all in one short winter's day, creates a preposterous jargon, and 
fmstrales the benign intention when forming the instttntion. 

18. If the patience of your honond>le body permit, suffer ai to 
mention one thing more: The writingbenches and desks in school- 
houses are universally too slanting; they ought to be nearly or 
quite level, for the better ctmvenience of students. 

14. However trifling these suggestions may appear, your peti- 
tioners pray your honorable body to place a snpervisional power 
in the Superintendent of Common Schools, whereby he may law- 
fully make, amend, order and enforce rules and regulations for the 
advancement and improvement of common school education. And 
in duty bound will ever pray. 

January 10, 1S3&. 

Charles Smith, H. S. Van Ingen, 

Samuel Steele, Abm. Sickels, 

W. A. Tweed Dale, Albert Gallup. 

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Edward Small, F. HnBohnjr, 

Jaowi W. BUokflU, BuumI Brounlea, 

Naham P. Monroe, Spencer Stafford, 

Henry Mone, Ab. Van Veohtea, 

John Cbrittie, E. Corning, 

Harm's V. Huyser, John Wo^worth, 

John Preston, Jonathan Eighta, 

John Butterfield, John Townnnd, 

C. A. De PorMt, John S. WaJah, 

B. Fonyth, Chas. E. Dodley, 

Jaton Rodea, AuguituB Jamei. 

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No. 35. 


January 9) 1835. 


^f Robert Christie, Inspector of lumber in the city of 



A retort of the unount of lamber mflamred and irupected "hy 
me from April 34th, to December 10th, 1884. 

741,720 feet pine boards, face measure, ..> #6,6*75 46 

38,091 " pine pluik, board vneaaure 307 8U 

10,896 " pine boards and plank, first quality,. .. STB 98 

43,842 " '* <t second quality, 618 991 

64,283 " " " third " 618 81 

75,468 " " " fourth " 764 M 

118,078 " ash plank and boards, nerchantaUe}.. 1,800 161 

8,696 " " ■*' first quality^.... 177 90 

16,874 *' " *' second quality,.. 184 461 

103,163 " thin white wood, merchantable....... 3,406 101 

18,076 ^ Ihitiwhite wood plank, first quality,. 808 41) 

38,866 " " " aecond *' 388 66 
38,837 " white wood chair plank, face measure, 
31,610 " added to make board meafure, first 

quality,. 864 81 

38,383 " white wood chair plank, face measure, 
17,434 " added to m^e board measure, second 

quality, 464 64 

Carried forward.... • 
[Assem. No. 86.] 1 

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Brought forward,.... • 

SX,0S9 fiMt cherry plank and boardifOwrchaDtabler Mil &T 

I8,18» " black walnnt bmrda and ptaok^ 128 S7( 

4,1S9 ** bawwood boards, fint quality,.... ... 4136 

>8,8W " " secoad quality , 99 30 

34,61fr ** impfe fcaattfof, fint quality S44 61 

IlfOn ** <* Mcoad quaiityr 107 021 

15,718 " '* merchantable,. 188 611 

4,5S9 *• mkfta^tmknihomri*, fO 46 

8,573 ** hemlock timber, fint and aecond qnali- 

ty, 60 U 

4Sir " hemlock boards, 8 60 

8,804 ** ipruca timber, 36 04 

4,624 " oak timber, cubic measurer' ......... 786 08 

176 ** piM timber, ** 98 H 

10,785 ** oak plaokr first and aecOBd qoaKty, ... 314 70 

3,B0t "- oak scantling, first and second quaKty, 47 83 

1,516 ** Butternut phok and boards, . I« OSf 

>3,990 *^ pine flooring ttmbefr > 358 80 

t,6e0,702 nd,579 OS 

ReceWed feea'for inapeclioar •488.871. 


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N o. 36. 


January 14» 1839. 


Of Francv Peekwell, In^pector-Geneml of IMavM 
and Heading in ih^ fity of Nev-Tork. 

Jk iJu JOomoMbU tkt L^laiure of tht State ^JfhihToi^ te S^ 
note m»d .iSMtegUtly eo^vtmtd. 

Annual raport of the Siupector-G«nend vX iUtm jmmI b«icliaf 
for tbfl city ud coantf of New- York, ttatiug the nuvbor of itavev 
and hemdmg cnllsd in the city apd county ef New^YeilE, from the 
fint <ay of January, 1884, to ^e first iky of Jawvy, 1835; 4»- 
geftar with ^le arer^;e price an4 the probable Talue tberei^ tad 
the faat and «Boliinianta ha derive* frov his officf: made in paE> 
ntBWB and in *ooor<l«niw vith Matutea i* laeh caaea made wd 

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No. 37. 


January 15, 1835. 


Of tike committee on grierancei, on the petition of 
Jftcob I. Timmerman, for relief. 

Mr. Adanw, from the oommittee on grieTtnem, to wUeh vu 
referred the petition of Jacob I. Timmermtn, for the puMge cf a 
law enabUng him to obtain fiill and adequate relief from an incum- 
brance upon a lot of land eold by miatake for quit rent, 


That your committee haTe had under eoniideration the matten 
embraced in the said petition, and hare examined all the factt con* 
nected therewith; and have also examined the report of a coo- 
' mittee of the lait Houee of Anembly, which had the charge of thia 
matter; which report your committee are eatiiBed, upon a full 
examination of the tubjeet, contains a correct and just statement of 
all the facts connected with the prayer of the said petitioner; for 
which said report, see Assembly Documents of 1884, No. 138, and 
npMi which report a bill then passed the Home of Assembly. 

Yomr committee are therefore satisfied that the relief sought for 
it doe to the petitioner, and have aoeordingly directed their chair- 
man to ask leaTe to introduce a bill. 

lAssen No. IT.] 

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No. 38. 


January 16, 1835. 


Of the select ccunmittee on the bill authoruiiig Wil- 
liam Woods to erect a dam across the Ganisteo riTer. 

BCr. Healy, from the lelect committee to whom wu nfenvd th* 
bill aathoriiiDg William Woods to erect a dam aerow tba Cania- 


That from the peraonal knowledge of «w of your committee, 
tbey are of the opinion that the constnictioD and keeping in re- 
pair of. dams across the Caneiteo river are necessary for the pur- 
pose of carrying on the ordinary lambering operations on that ri- 
ver. Your committee have also ascertained, that daring times of 
kigk water the Canisteo is used for the purpose of transporting 
lumber in rafts, arks and other craft Your committee, therefore, 
ae« no ol^tion to authorising the constnicti<Hi of the dam named 
in said bill, provided it shall not in any manner or under any dr- 
ctunstanoes interfere with the rights of tbe public in navigating the 

[Asaem. No. S«.] 

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No. ^, 


January 16, 1S35. 


Of Ae c(»iiimttee on privileges and electioiu, on the 
petition of sundry inhabitents of the town of Lan- 
sing, in the county of Tompkins. 

lb. Wileoxfoo, from the cotDmittee on priTilegei and cl«ctimM, 
to which VM Toferrod the petitioa of taairy infaabituti of th« 
town of LanuDg, in the cotmtjr of Tompkim, for a iptcial law 
•othoriniig a apecial towiMneeting, fin- the •laotioD of « juUe* of 
the peace to fill a racancy, 


The pefitioneri reprewot that a vacancy has occurred in the 
office of juitice of the peace in the town of Laniing, by the death 
of one of iti incumbents, and pray, for the reasons auigned in said 
petition, for a special set for the holding of a special town-meet- 
ing to supply soeh vacancy. 

The first amendment to the Constitntion directs that the pet^Ie 
of this State, in their sereral towns, shall, at their aonaal elec- 
tion, and in such manner as the Legislature shall direct, elect by 
ballot their justices of the peace: that when so elected in any town 
they shall meet together, and in the pr^once of the officers named 
in aaid amendment, be divided by lot into four classes, of one in 
each class, and be numbered one, two, three and four; and that 
the offiee number one shall expire at the expiration of the first 
year, number two at the expiration of tlie second, number three 
at the expiration of the third, and number four at the expiration 

[Assembly No. 99.] 1 

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• [An 

of tbe fourth yetr, in order that one jaitice ma^ thenafler be ao' 

Bually elected. 

Th» mnendmeDt of tlie CbnititutioD m«ic« no prarUioii for the 
filling of any racuicies which m&y occur dnring the term for which 
aoj justice wts elected. Hence the qiieittoa meiy arise whether 
tiie LegJBlature poness tht legitimftte vid eomtitatioMil power of 
aathonrii^ thff Rppoitotmeot in any manDer, or tha election of jus- 
tices to fill vacancies which exist in the onexpued term of any jus- 
tice who haa haen deoted, and whose office has beeome vacant T 
It will be perceived, by referrmg to the several act* which have 
been passed by the L qjiah i u w ragelating- itn manner of ehoesing' 
these officers, a provision for supplying afl vacancies listing prior 
to any annual town-meeting at aoch annnal town-meeting. It fol- 
lows condusively, therefore, that if the Legistaturo do not possess 
dur power, that ril the bwawhoch have been passed opoa this 
lobiMt tre OBOomtitUtidaal and void;^ that the acts of the offieers 
acting under these appcHBtmenta are tdao rmd, and tfaey ^eaaelves 
trespassers. Your ccHnmittee, bowererr are of opinion that the 
Legialatkr* may prsseribe any mode for the ^pmntaient or eleo- 
lim (f jottiQaa to fifl vaeanciea which aiay seen- in the office of 
aay^ one dnring the term for which he- waa elected. Yoor ooin- 
Baittefe lefer to this sabject in consequence of having it saggestcd 
to them by a namber of the members ot tfaia House, since lbs 
above mentioned petition was referred to them^ that it involved a 
eonititottoaal question. If there BhoaM be any doubts in the 
ninds of any, of the correctness of the conclusion to which your 
committee hove arrived, year committee would beg leave to refer 
them to the report cf the Attomey-Ganer^ made in answer to a 
resolotion adopted by the Asaembly in the year tSSS^ presenting 
this very question. Vide Assembly DoeafaentB of XWX, veL 4tb, 
No. SOO. 

PrevioDS to the p«ssage of a law in 1833, which will be found in 
the Session Laws of that year, page SOS, it woald oftea occor, 
Awing to the principle of clarifying idl the justices who might be 
elected at an annual town meeting; that the person re-elected 
wootd draw for the iriiorteBt term. This law waa passed with • 
viaw to correct this evil, and also to en^e the electors to deter- 
mine by their votes which officer elected (when none was reject- 
ed,) shoald hold for the longest term. Accordit^ to the present 
provisions of the law, in all cases where more then two josticesare 
to be elected at an annnal town nteeting, it is not in the power of 

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NcM.] * 

the electon to detannine which (me of their juiticea shall hold for 
the longest or which for the ahorteat period of time; it muat be 
determined hy lot Your committee are uoanimouily of the o[a- 
oioD that thete difficoltiea may be avoided in almost every instance 
by authorising die holding of special town meetings to fill racan- 
des when and ai often as they oecnr. The Attorney-General, in 
the report above alludftd to, remarks, " whether a person appoint- 
ed or elected at a special town meeting to supply a vacancy in the 
office of justice of the peace should be authorized to hold for the 
whole of the aoexpired term, or only until the next annual town 
meeting, is a question of expediency." Your committee are of 
opinion that it is roost expedient to authorize an election for the 
whole of the unexpired term. It wilt at all times enable the voters 
of the town, if they proceed immediately to fill the vacancy as it 
occurs, to select the individual whom they are most desirous should 
fill the vacancy. It will also do away the necessity of classifying 
or making the designations in the ballot now required by law. It is 
believed that the towns will generally supply the vacancies at once, 
and as they occur, and the case will therefore seldom if ever hap- 
pen when more than one justice is to be elected at an annual town 
meeting, and thus the electors in the exercise of Uieir right of suf- 
frage, will be brought back to the strict letter of the Constitution, 
as prescribed in the amendment thereof. 

Your committee would further beg leave to remark, that the 
office of justice of the peace is justly regarded by community as 
one most important; that the number of justices authorized to be 
elected is not greater than the wants and convenience of the peo- 
ple require, and that it is very desirable therefore, that the office 
should not be vacant for want of competent authority to fill it. 

With reference to the particular application referred to your 
committee, it does not appear in the petition or otherwise, what ia 
the length of the unexpired term of the vacancy which they pro- 
pose to fill. Your conunittee are not therefore sufficiently advis- 
ed of the merits of their claim; but as they have come to the con- 
cluuoD to recommend the passage of a general law to supply all va- 
ean<Me8 which may happen in the office of justice of the peace, 
your c<Mnmittee do not deem it necessary to express an opinion 
upon this particular case, satisfied if the Legislature would grant 
the prayer of the petitioners upon good causes shown, that it will 
make a general provision embracing the case in question, and thus 
avoid constant applications for similar objects. Your committee 
have therefore prepared a bill, which they ask leave to introduce. 

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No. 40. 


Januaiy 14, 1835. 


Of Jacob Lockman. an Inspector of Lumber in the 
city of New- York. 


RetaniB of lumber inapected and meunred, from the Irt Jann- 
•ry, 1884, to the 1st Janaary, 1885, by Jacob Lockman, otM of 
the inspeetora for the city and county of Nov- York. 

[Aanm. No. 4a] 

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No. 41. 


January 16, 1834. 


Of the Select Committee on the petition of inhabi- 
tants of the town of Qranvllle. 

Mr. Hoore, from the committee to whom wu referred the pc> 
titioo of sundry inhabitanta of the town of GrBDvills, praying fyr 
an act to raise money to defray certain expenses in said town, 


That it appears to your cpmmittee, that in the month of May, 
I83S, the streams and rivers in the town of Granville, in the 
county of Washington, were, in consequence of long and excessive 
rains, swplten much above tbeir usual height, and that by the force 
of their waters and the rapidity of their currents, many of the 
most expensive and costly bridges in the said town were carried 
away, and others greatly injured : it further appears, that at a spe- 
dal town-meeting held on the 37th day of May, 1688, a vote was 
passed Authorising the commissioners of highways of the said town 
to borrow the sum of one thousand five hundred dollars, and'ap- 
ply it to making and repairing bridges — which sum, it appears, 
vas borrowed and so applied. Your committee, in order to pre* 
KQt all the facts that appear to be material in this case, and for 
Ihe purpose of accounting for this late application for an act to 
raise money to discharge debts contracted in 1833, do further re- 
port, that a bill for this purpose passed the House of Assembly in 
[Assem. No. 41.] 1 

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S {AammMMLv 

Ae MMiOB of 18M, tad was kft with the anfinUhed bosinen of 
the hononbla the ScoBte. 

Your committee hare dierefore come to tlw conclnnoa that the 
prayer of the petitioDera ought to be granted, and hare inBtrocted 
their chainoan to praaaat a bill accordingly. 

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No. 42. 


January 16, 1835. 


I*rom the Secretary of State, relatire to the publica- 
tion of a ** proposed amendment to the Constitu- 
tion," previoua to the general election of 1834. 

Sbcrbtaby's Ofpiob. J 

^B>emy, lethjkn. 18S6. 


The Secretary of State has the honor to report, that the duty 
«D]oined oo him by the coocurreat resolutioo adopted by the Le- 
gislature on the 5th of May last, relative to a proposed aniendment 
to the Constitution, has been performed in the manner herein ex- 

On the 1st day of July last, the following circular was addresa- 
ed to the editor of one newspaper in every county in the State, 
excepting the county of Putnam, in which none is printed. 

" Sbc>bta»t's Opfiob. J 

" Sir — You will please publish in your paper the proposed 
amendment to the Constitution, hereunto annexed, for three calen- 
dar months preceding the Sd day of November next The first 

[AMem. No. 42.] 1 

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pobTieatiMi mmf ba on fome day between the 371h JoTy aod the 3d 
ef Augoil neit, and it muat be inwrted oact a week nnlil the three 
month* have faily expired. Tou wiH be allowed the *wn or ten 
dollarb for mriimg the pubKcation in tfn mode abore tpceified, and 
your accoMt will be paid by die Comptroller on it< pretentation Ur 
hiva. For the purpoae of MttUog the account, as well at to ena- 
ble nn 10 report to the Legislature that the pablioation has been 
regularly made, you will please send me by mail, as soon after the 
election as pvaetieable, an affidsmt, setting forth the 6n« and lai( 
days on which it was made, and that it was inserted once a week 
during the intermediate time. 

** Respectfully yoart, 


•* Secretary of StataJ^ 
** To the editor of tbv 



•* H Jluemify, Mttf Ut, 18S4, 
" Haohied, That the following amendment to the CoastitDtiov 
of this State be proposed and referred to the Legislatnre next to be 
chosen; and that the Secretary of State cause the same to be pub* 
li^ed in one newspaper in each of the counties of this State, if 
there be one printed therein, for three months previous to the next 
annual electini, b pursuance of the prorisionsof the first section 
of the eighth article of the said CoostitutioD, a majority of all tbr 
members elected to the Assembly voting in favor thereof. 

" ' Whenever a sufficient amount of money ahalF be collecled 
and safely invested for the reimbursement of sucJi part as may then 
be unpaid of the money borrowed for the construction of the Erie 
and Champlain canals, the tenth section ef the seventh article of the 
Constitution of this State, so far as it relates to the amount of do- 
ties on the manu&cture of salt, and the amount of duties on goods 
sold at auction, shall cease and determine; and thereafter the du- 
ties on goods sold at auction, excepting therefrom the sum of thirty- 
three thouswid five hundred dollars, otherwise appropriated by the 
act of the fifteenth of April, one thousand eight hundred and ae- 

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N«.4a.] 3 

venteen, and the dutiei on tbe muiufactare of tilt, shall be ff«rtoi^ 
<d to tho general AuuL' 

" By order, 

" WM. BAKER, fi^eoier. 
■" Attait, P. RBFifOLSs JiiD^ Oeri." 

" 7k Senate, Ma/ &, 18S4. . 
'** Retohed, That.tlie Senate do concur id the foregoing resoIu> 
lion, a majority of all the membert elected to the Senate rotiog in 
(aror theveeC ' 

■" By order, 

« JOHN TRACY, frendtmt. 
■" Attest, JoHK F. Bacoit, Clerk." 

*' Seobetabt's Office. ^ 

" I have compared the preceding with an 
original concnrrent retolution of the Legiileture of thii State, and 
do certify that it is a true copy thereof 

** JOHN A. DIX, 
" Secretary of State. 
" ^Oxtny, 1st July, 1834." 

On the 24th day of December ult, the affidarits of pubUcation 
required in the foregoing circular not having been received, a se- 
cond circular was addressed to the editors of sixteen newspapers, 
from which the requisite evidence was wanting. 

On the 9th instant, a third circular was addressed to the editors 
ef two newspapers, from which no answers had been received. 

The deficiencies are now all sup[^ied; and it appears by affida- 
vits of the editors or publishers, (or the foremen in their offices) of 
newspapers in the several counties, that the publication of the 
amendment to the Constitution accompanying the circular above 
pven, has been made once in each week in the following newspa- 
pers during the time specified, viz: 

Albany county, Albany Argus, from the S8th July to the 30tb 
Octt^r, 1831. 

Allegany county, Angelica Republican, from 18th July to 80th 
October, 1884. 

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4 [Ai 

Broome coaaty, BnxnM Comty Coorier, from S4tb Jaly to SOtb 
October, 1884. 

CattsntDgm cooDtjr, BlUeottville RepuUican, front lat Augiut 
to lit NoTembtr, 1884. 

Cayuj^a county, Cayuga Patriot, threemoBths, oonmeacittg SOtfi 
July, 1834. 

Cbautaoqoe eosnty, Fredonia Cenaor, from 23d July to 20tb 
October, 1884. 

Chenango county, Norwich Joomal, fourteen tnceeanve weeb 
preceding the general election in November, 1884. 

Clinton county, PlaltBburgb Republican, three months, cchD' 
moncing the S6th July, 1834. 

Cortland county, Cortland Advocate, tbrea montba, commeficiDg 
24th July, 1834. 

Columbia county, Hudson Gazette, from 20th July to 4th Nov., 

Delaware county, Delaware Gazette, from 80th July to fitb 
Nov. 1684. 

DutcheiB county, Poughkeepsie Journal, three mtmlha, eom- 
mencing 80th July, 1S34. 

Erie county, Bufialo Republican, from Sftth July to lit Novem- 
ber, 1834. 

Essex connty, Essex County Times, from 80th July to 8tb Oct., 
1834, and then in the Essex County Whig, till 20lh Oct. 1884. 

Franklin county, Northern Spectator, from 17tb July to 30th 
Oct. 1884. 

Genesee county, Spirit of the Tiroes, from S2d July to 4th Nov. 

Greene connty, Catskill Recorder, three months, commencing 
8Ist July, 1634. 

Herkimer county, Mohawk Courier, three nwnths previous to 
5th Nov. 1834. 

Jefferson county, Watertown Eagle, three months itnnediately 
preceding the 8d Nov. 1884. 

Kings county, Brooklyn Advocate, three DMrnths, commendi^ 
81st July. 1884. 

Lewis county, Lewis County Republican, three months sncce^ 

Livingston county, Livingston Journal, from 30th July to 39th 
Oct. 1834. 

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No. «.} t 

Madiion coDOty, ChittenaDgo Herald, from 23d July to S6th 
Oct. 1884. 

Monroe ooonty, Rochester Repoblicas, foorteeo weeks, com- 
mcDcing S9th July, 1834. 

MoDtgotnery cooaty, Johnitown Herald, from S3d July to 4th 
Nov. 1834. 

New- York county, EreDing Post, thirteen weeks, from 28th Ju- 
ly, 1834. 

Niagara county, Lockport Balance, three months neit preceding 
the general election in November, 1834. 

Oneida county, Utica Observer, from S9th July to Sd Novem- 
ber, 1834. 

Onondaga county, Onondaga Standard, three months from 30th 
July, 1834. 

Ontario county, Ontario Meuenger, thirteen weeks, commenc- 
ing 2Sd July, 1834. 

Orange county, Independent Republican, from 28th July to Sd 
Nov. 1834. 

Orleans county, Orleans Republican, from 30th July to 20th 
Oct. 1834. 

Otsegb county, Freeman's Journal, from 21st July to 8d Not. 

Oswego county, Oswego Palladium, three months, ctMnmondng 
1st Aug. 1834. 

Queens county, Long Island Farmer, fourteen weeks, commenc- 
ing 80th July, 1834. 

Rensselaer county, Troy Budget, three months from 38tb July, 

Richmond county. Free Press, sixteen weeks, commencing 13th 
July, 1834. 

Rockland county, Rockland Advertiser, from 10th July to SOth 
Oct. 1634. 

Saratoga county, Saratoga Sentinel, three months preceding the 
3d November, 1634. 

St Lawrence county, St. Lawrence Republican, from 29th July 
to 3d Nov. 1684. 

Schenectady county, Schenectady Whig, three months, com- 
mencing S9th July, 1834. 

Schoharie county, Schoharie Republican, three months, com- 
meocing 29th July, 1834. 

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• [Aai 

Seneo coanty, Seneo Obaerrtr, fonrtesB wotki, eoaaaenang 
tOlh July, 1884. 

Steuben coanty, Fanner** Advocate, from SOth July to SOth 
Oct 1834. 

Suffolk county, BepuUicaa Watdunao, from Sd Aag. to Sd Nov. 

Sullivan coanty, Repablican Watchman, from Slat July to Mth 
Nov. 1884. 

Tompkini coanty, Ithaca Joonial, frmn Mb Jnly to 6th Nov. 

Tioga county, Owegn Gazette, from Ilth July to Slst October, 

Ulster county, Ulster Repul^can, from SOth July to 6th Nov. 

Warren county, Warren Hewenger, tht«e montht, commenein; 
lit Aug. 1884. 

Washington coanty, Sandy-Hill Herald, three months next pre- 
ceding 1st Monday in Nov. 1834. 

Wayne county, Western Argui, three months from 38d July, 

Westchester county, Westchester Spy, three months, commeBc- 
ing 39th Jnly, 1S34. 

Yates coanty, Penn-Yan Democrat, three months bnmedi&tely 
previous to 1st Nov. 1834. 

The affidavits of publication are herewith transmitted. 

It -will be perceived by reference to the affidavit of the publish- 
er of the Lewis County Republican, that there is an error in slating 
the day, on which it commenced. As the affidavit was received 
at a late day, and as there was in the Secretary's office a copy of 
the newspaper, showing the time when the proposed amendment 
was first inserted, the affidavit was not returned for correction. 
The paper referred to, is herewith transmitted, bearing date the 
26lh of August, and numbered 224. By referring to the amend- 
ment as published, it will be perceived that it was first inserted in 
No. 220, which most have been issued on Tuesday, the 29th day 
of July preceding, the paper being published on Tuesday of each 
week. - 

In the communication of the Secretary of State to the Senate in 
1883, relative to proposed amendments to the Constitution, pub- 

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No. 48.] 7 

HibediDthatyetr, (aee Senate Docam«nu,188S, No. 14,) it will ap- 
pear that wveral aflSdaritt of pablicatioo were wanting, and the 
evidence thereof in many eaiei reated altogether upoo a copy of 
the oewspapera in which the amendmeoti were inaerted. 
Befpectfolly robmitted, 


Secrttary of State. 

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No. 43. 


January 17, 1835. 


Of the select committee on the petition of inluibU 
tants of the town of Florence, in the county of 

Mr. A. Woodworth, from the select committee to which was 
referred the petition of sundry inhabitants of the town of Flo* 
Fence, in the county of Oneida, praying for the pasuge of a law 
anthorizing the payment of a bonoty for the killing of bean, 


That the town of Florence is situate on the south side of and 
adjoining an extensive forest uninhabited except by beasts of prey: 
That the inhabitants of said town have, for a number of years, 
been greatly annoyed with bears from said forest, which have fre* 
qnently killed their sheep and hogs, and committed extensive de* 
predations upon their corn-fields. That at the season of the year 
when these depredations are most frequent and annoying to the 
inhabitants of said town, the skin and fiesh of the bear are nearly 
valueless, and afford no sufficient inducements to the sportsman to 
hunt and trap them. The petitioners pray for the passage of a 
law authorising a tax to be levied on the real and personal proper* 
ty in said town, to pay a bounty of five dollars on each bear killed 
therein. Your committee consider the prayer of the petitioners 
reasonable, and that the same ought to be granted, and have in' 
stmcted their chairman to prepare a bill, which they now ask 
leave to introduce. 

[Assem. No. 48.] 1 


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No. 44. 


January 14, 1835. 


Of Asa Fassett, an Inapector of Lumber in the city 
of Albany. 


The rabKriber, on? of the inspeeton of lamber of the city of 
Allmny, agreeable to the requirementa of the Revised Statntea, 
- leapectfuUy aubmita the following report for the year 1884. 

86,670 feet oak plank and boarda, at*15 per M.... •l.SOO 00 


" cherry plank and boards,. 14 " 

2,854 03 


•' ash " " . 13 « 

2,012 24 


" maple joiala, ......■•••. 13 " 

1,038 22 
3,068 00 

" whitewood boards, 11 " 


" " chair plank, 25 " 

834 05 


" ^hemiocktimber apd " 9 " 

584 16 


" latqoal. pinebd'aandpl'k, SO " 

1,508 6S 


.. ad " " ■' 20 ■' 

1,209 28 


" 8d 15 " 

886 46 


" 4th " " " 10 " 

8,058 58 

887,130 .__ .. ._. 

" box boarda 10 " 

8,871 86 
3,921 16 

18,a78 cubic feet oak timber, S3 eta. per ft. 

Total value, 424,578 II 
Amonntof feet received,.. •81S.40. 

ASA FASSETT, hupector. 
jSOmuu/, Mtwary ISfA, 18S5. 

[A«Min, No. 44.] 1 

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No. 45. 


January 17, 1835. 


Of the cranmittee on the petitionB of tliens, on the pe- 
tion <^ Ann Hoop and others. 

Hr. Fattenoa, firom the committee on the petitions of «lieiu, to 
n^ch wu referred the petition of Ann Hoop, Janwi Hoop ud 
William Hoop, of Punelis in the county of Jefierson, 


That the petitioner! represent that the said Ann Hoop ii the 
iridow of John Hoop, deceased, and that James Hoop and Wil- 
liam Hoc^ are the cbtldren of the said John Hoop. 

That the petitiooera further represent that the said John Hoop 
was a native of Ireland, and emigrated from there to the coonty 
of Jefierson in this State; and that on the 39th day of November, 
1831, the said John Hoop filed a notice of his intention to apply 
for a certificate of naturalization, for himself and your petitioners 
among others, in the office of the clerk of the county of Jefierson, 
a certified copy of which is annexed to the petition; and that the 
said John Hoop died in the month of March, 1839, without havhig 
obtained a certificate of naturaliution for himself and family. 

The petitioners further represent that the said John Hoop died 
seiaed, by deed, of about seventy-fire acres of land, in the said 
town of Pamelia; and was also in possession of about sixty-seven 
aersB of land, which was under a contract of purchase; and that 
the purchase money has all been paid, before and since the death 

[Attem. No. 46.] 1 

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of the Mud Joho Hoop, except on about twenty-fire aercf, wbick 
tt Bot yet due. 

The petitioners further represent that the mid John Hoop, pre- 
TioQi to bis death, published his last wilt and testament, vberebr 
he devised all his real estate to the said Ann Hoop daring her life, 
and to the said James Hoop and- William Ho<^ after the death of 
the said Ann Hoop, in fee; and that it it, and always has been 
the intentioa of tiM petitiMiers to become citizens of the United 

The petition n verified by Uie oath of Moef the petitioners, 
before Fekg Burchard, ckrk of the said county of Jefferson, and 
accompanied by a certificate of the said Burchard, that bs be- 
lieves the statement contained in the petition to be tme. 

Your committee M« therefore unanimously of the opinion, that 
the prayer of the petitiooers ought to be granted, and have di- 
rected their diairmaa to aak leave to iatroduoe a bilL 

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Wo. 46. 


Janaary 14, 1835. 


Of R. C. Theall, an Inspector of Oil in the city of 


Retunia of liver oil, commooly called cod oil, gtoged and in- 
■pected for the year 1884, commencing the 1st of Januaty, 1884, 
sod ending the lit dajr of January, 183&, aa follows, viz: 

Number of barrels or casks, 3,247, coDtainiog 66,249 gallons; 
sediment, 1,6531 gallons. Value in market, tlO.76 per barrel, 

Amount of my fees for inspecting 2,347 bbls. at 20 cla.,. 9449 40 
Deduct expenses, 44 96 

$404 46 

The above is respectfully sabmitted by your ob't servant, 

R. C. THEAL, bapator. 
A'ate-Forft, January 9, 1836. 

[Asaem. No. 48.] 

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No. 47. 


January 17, 1835. 


Of the committee on the judiciarr^ on the petition of 
Samuel W. Spencer, surrogate, of the coua^ of li- 

Mr. LiTingBtoii, from the committe« on the judidary, to which 
waa referred the petition of Samuel W. Speocer, surrogate of the 
conaty of Liviogiton, 


That the petition seti forth that Fliay Watnn bte of the town 
of York, in aaid county, died intestate, on the rixtk dm/ of Julg 
188C. That at the time oT hia deoeaae he was in possession of a 
certain lot of land in said cooaty, containing about twenly-three 
acres of land; and that he held a contract for said lot firoin Enodi 
Weller, for which, at the time of his said deeaaae, he had folly 
paid the porchase mcmey, and was entillet^ acrarding to law, to a 
groMt m fee for the said lot: that on the l(t(A dag of Jvbf, 188S, 
the said surr<^te granted letters of administration to Geoiige W. 
Patterson of said county, upon the estate of the said Pliny Wat- 
son: that the said Patterson, on the ninth day of August, 1832, 
procured a grant in fee of the said lot of land from raid Weller 
to Sylvester Watson, Levina Watson and Edwin Watson, chil- 
dren and heirs at law of said Pliny Watson, deceased, preserving 
in said grant to the said Rhoda Watson, the widow of the said 
Pliny Watson, deceased, her right of dower in said lot. 

[AiMm. No. 47.] 1 

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3 [At 

Tfaaf tli« said children of the said Pliny were then, and nov are 
miaon: that taid deed waa duly acknowledged and recorded; Ihal 
the said Pattenon on the eighth day of October, 1833, as auch ad- 
miniatrator as aforesaid, did report to the petitioner that he had 
exhsoated the peraonal property of the said PKay in the paymeot 
of the debts of aaid estate, and that there were several debts itili 
remaining due and Dopaid from said eatatt, anounting in (he ag- 
gregate to the sam of one thousand and twenty-four dollars and 
twenty-Dine ceiitl: that said report was verified by the oath of 
said Patterson: that with said report a petition was presented to 
said surrogate, for permission to lease, mortgage or sell the laid 
lot of tandr or so much thereof as might be necessary to pay the 
residue of the debts of the said intestate: that the said surrogate 
granted the prayer of the said petition, and made an order re- 
quiring all persons interested in the estate of said Pliny to ^ow 
caotfe why authority should not be given to said Patterson, such 
■dminiatrator as aforesaid, to mortg^e, lease or sell so mnch of 
said lot as mi^t be necessary to liquidate the debts of the said 
Pliny: that the said surrogate caused a notice of said order to be 
published, in accordance with the provisions of the Revised Sta- 
ttttes. That OD the said fourteenth day of November, 1833, no 
cause being shown to the contrary, the said surrogate made a 
further order authorising the said Patterson to sell the said lot of 
land for the payment of the debts of the said intestate: that the 
aaid Patterson, as tnch adminittr«tor, did sell the said lot on the 
twentieth day of December, 1884, at public auction, to Peter Fish 
and BbenezBr A. Cristey, for the sum of one thousand five htm- 
dred and fifty dollan. That aaid, sam was a fair eompeosation for 
said lot: that since said sale the petitioner has become satisfied 
that he, as such surrogate as aforesaid, had not competent power 
and authority to order said aaler that said Rhoda Watson is the 
guardian duly ^>pointed of the said Sylvester Watson, Levins 
Watson and Bdwin Watson. 

The petitions, for the reasons above assigned, prays that a law 
may be passed by the Le^lature confirming in all things his pro* 
ceedings in the premises, and the making valid the purchase made 
by the said Fish and Crissey; and if said request should be denied^ 
that then the said Patterson mi^t be empowered to sell so much 
of the said lot as will be sufficient to pay the debts of the aaid in- 
testate, and further authorizing the said Patterson, as such admi- 
nistrator as aforesud, to make and execute a good and suffideDt 

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No. 47.] 8 

grain of said lot of land to the purchasers thareoC To which said 
petition is appended the following certificate: " I admit that I have 
been shown the above memorial of Samuel W. Spencer, Esq. sur- 
rogate of the county of Livingston, and unite with him in asking 
the passage of a law authorizing George W. Patterson to sell so 
tmuch of the real estate above mentioned as may be necessary to 
pay the debts of the deceased. RHODA WATSON, 

" Oaardian of the said Syheiter ffalson, 
Levma Watum and Bdwia Watton." 

Tour cotntnittee have endeavored fully to understand the pre- ' 
miaes stated in the petition referred to them, and have hoard the 
suggestions which could be ni^ed in favor of granting the appli- 

But after mature deliberation, your committee have come to a 
conclusion adverse to the prayer of the petition, and for so doing 
they refer to the foregoing and following statement, and the rea- 
sons which shall hereafter be stated. 

Fir$t, The said Fliny Watson died intestate, on the sixth day 
of July, 1888, and at the time of his death was postessed of, by 
virtue of said contract, and had paid for said lot of land. 

Second, On the ninth day of August, 1832, Patterson, the ad- 
ministrator of said intestate, procured a grant in fee of the said 
lot of land from the contractor to the heirs at law and widow of 
the intestate. 

The question presented is, had the said surrogate power to au- 
thorize the said lot of land to be sold for the payment of the debts 
of the deceased^ 

The Revised Statutes, page III, and from section 66 to section 
75, relative to the power of surrogates to order sales of the pro- 
perty of an intestate, have some application to the matter submit- 
ted. It seems however, to your committee, that the supposed 
difficulty may be solved, by proper comments upon the 66th sec- 
tion above mentioned, and which is now quoted: "If the deceas- 
ed, at the time of his death, was possessed of a contract for the 
purchase of land, his interest in such land and under such 'con- 
tract, may be sold on the application of his executor or adminis- 
trator, or of any creditor, in the same cases and in the same man- 
ner, as if he had died seised of audi land ; and the same proceed- 

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4 [Amimblt 

ings may be had for that purpose, as are prescribed in this title 
in respect to lands of which he died leised, except as hereinafter 

It is the opinion of your ooBunlttce, wiAoat acain goiag into a 
dotailed sUtement of ibe factSi or VBlngiag thereoa by way of 
argontest, that the ecth section of the statute abore quoted Bait 
govern the qnestion presented, as the power granted by said sec- 
tion to surrogates would be ineflectnal if it did not commence iu 
operation upon the estate of the said Fliny Watson at the time of 
' bis decease. It seoma to your committae, that the surrogate woald 
DWMt undoubtedly have posscHed the power to have ordered the 
■ale of the said lot of land, if the said Weller had not, after the 
death of ibe said Watson, made the said grant of said lot to ibe 
widow and heirs at law of the said Fliny Watson. Could the pow- 
er conferred on the surrogate by the said Mth section be divested, 
by the said grant of the said Weller, to the widow and heirt at 
law of the laid Watson t Our answer is, that it could not; be- 
cause, at the time of the death of the said Watson, the power of 
the surrogate to sell the said lot, as betweea the creditors on the 
one band and the widow and beirs at law on the oAher, woe vest- 
ed in the surrogate, by virtue of ^ said Mth oactioa. 

The power which the petitioner admits was vested in him a> 
surrogate, at the time of the death of Watson, for the benefit or 
his creditors, certainly cannot be defeated by the acta of the widow 
and heirs at law of the deceased. But the act done in this case, 
if it has any effect, is in aid of the power conferred on the surro- 
gate by the statute, and not in derivation of it. 

For the reasons stated, your committee are of opinion, that Ibe 
petitioner can find a remedy for his grievaoces in our courts, and 
that, therefore, his prayer for legislative aid ought to be denied. 

All which is respectfully submitted. 

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No. 48. 


January 17, 1835. 


Of the committee on the petitions of aliens, on the 
petition of Antonio Alexander Boler. 

Mr. Fattenon, from the atandiog committae oa the petitios of 
alieiu, to which wu referred the petition of Antonio Alexander 
Boler, an alien, 


The petitioner represents that he ii a native of Canton, and a 
mbject of the Swiss cantons; that he is now a resident of this 
State, and if desiroos of holding real estate therein. 

From the statements contained in the petition, your committee are 
Dot aware that the petitioner ever inten<fai to becopie a naturalized 
* citizen of the United States, and it would, in the opinion of your 
committee, be departing from a well estaUished and salutary rule 
of legislation, to allow an alien to take and bold real estate, with- 
in this State, where such alien does not manifest a desire or inten- 
tion to become a citizen tbereo£ 

And your committee are further of opinion, that if the said Bo> 
ler intends to become a citizen of the United States, that ample 
proriaion is now made by the Revised Statutes to enable him, as 
a rendent alien, to purchase, take and hold real estate, on his com- 
plying with the provisiona contained in article second, chapter 
first, of the second part of the said Revised Statutes. 

[Assem No. 48.] I 

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Yoar coountttae mn tberafon QDUuniofHlj cf tba opinioti, that 
the prayer of tfao petitioner ought not to be granled, and h*ye di- 
■eeted their ebainnan to offer for tiie oouideiatiMi of the Houee 
the IbUowiag ivtolatuHi: 

S»$oh)edt Thst the petitioner have Imtb to withdraw hit petJK 

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No. 49. 


January 17, 1835. 


■Of the committee on the judiciary, on the preamble 
and resolution relative to an amendment of the Con- 
stitution of this State, so iar as respects the dutj on 
salt and on sales at auction. 

Mr. Rooeevelt, from the committee on the judiciary, to whom 
was referred the preamble and reiolution submitted to the Houie 
in relation to an amendment of the Constitntion of this State, to 
far as respects the duty on salt and on aales at auction, 


That the amendment set forth in the said resolution vas propo- 
sed in the Assembly at the last session of the Legislature, and hav- 
ing been agreed to by a majority of the members elected to each 
of the two houses, was entered on their journals, with the yeas 
and nays taken thereon, and referred to the Legislature then next 
to be chosen. That the said amendment, as appears by the evi- 
dence in the office of the Secretary of State, was also published 
for three months previous to the time of choosing the present Le- 
gislatQFe. All the constitutional requirements, therefore, having 
been complied with, the committee perceive no objection to the 
adoption of the preamble and resolution referred to them. 

[Assem. No. «9.] 1 

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Wo. 50. 


January 14, 1835. 


Of Benjunin C. Capron, an Inspector of Lumber for 
the city of Albany. 


The following ia a return of lamber mearand and inipected by 
me, a< one of the inipeeton of the city of Albany. 


3S1,666 feet white wood, average price CIS 

83,231 " maple, " 

718,613 " cherry, " " 18 

1,096,748 " pine, " 

39,8117 " hemlock, 

71,134 " beach, " 

43,041 " tycamora,' '* 


The amount of feea, . . #713.36. 

BENJAMIN C. CAPRON, hipecliir. 

[.4jMni. No. 60.] 

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No. 51. 


January 17, 1835. 


Of the Comimssioners of the Land-Office, on the pe- 
tition of Curtis Peck. 


Th« CiKiuiusHODen of Um Luid'Office, to whom wu refarrtd 
the petition of Curtis Peck, praying for perminioa to build a suitt- 
ble wharf or dock, for the binding of passengen and freight from 
the ttecun-boati, in which he it concerned, in the town of Rye, in- 
Wettebeiter county, have Uie honor to 


That similar grant! bare been frequently made by the Legisla- 
ture, for the purpose of promoting the commercial intercourse of 
the inhabitants of the State. In such cases^ however, they beliere 
that the potitioaer has usually been required to show that the 
grant would contribute to the public convenience. On the 16th 
April, 1830, (see Laws of 1830, chapter 324,) an act was passed au- 
thorizing Joslab Le Count to erect a dock in the town of New- 
Rochelle, Westchester county; and by the report of the commit- 
tee, (see Assembly Journal of 1830, page 288,] it appears that they 
were satisfied, from the facts stated in the petition, " and from 
othersonrces of information, on which the committee" placed "the 
greatest conBdence, that the public would be essentially benefitted 
by the conatmction of said dock." There appears to be no such 
evidence accompanying the petition in this case, unless the L^is- 

[Assem. No. 51.] 1 

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t [A«sunx,T 

latara ihould infer, from tiia number of penoni who have nniled 
in the prayer of the petition, that the public convenience would 
be promoted by \he grant. The pelilioDeT will, nndoabledly, have 
it in hifl power to furnish direct testimony on this point, if the ob- 
ject of the grant is such at is alleged. 

The Commissioners of the Land-Office have power to make 
grants of land under the waters of navigable rivers and lakes; 
bat their authority does not extend to the waters of the Sound. — 
In ail applications to them, the following documents are required: 

" I. Affidavit of the publication of the notice for nx weeks ano 
eeisively, in a newspaper printed in the county where the land ap- 
plied for is situate; and if no newspaper is printed in such county, 
then in the nearest county to such land in which a paper is pub- 
fished. Also an affidavit, that a copy of the said notice had beeo 
pot op on the door of the court-house, as required by the act afore- 

" 2. Affidavit of the applicant, that he intends forthvrith to ap- 
propriate the land applied for to the purposes of commerce, bj 
erecting^ thereon a dock or docks. 

" 8. Affidavit of the first judge of the county, or the supervi- 
sor and town clerk, or two of the assessors of the town in which 
the land applied for is situate^ stating that the said land is net 
more than what is necessary for the purposea of commerce, and 
that the person or persons making such affidavit believe that it is. 
the bona fide intention of the applicant to appropriate the said land 
to the purposes of commerce. 

" 4. An accurate map and survey of the land under water ap- 
pfied for, and also of the adjoining land owned by the applicant, 
to be sworn to by a competent surveyor. A correct descriptioa 
in writing to be given of the land under water, for which the ap- 
plication is made, the exact' courses and dtstMices to be given in 
words at fall length. 

"6. A regular deduction of title from the State, or proof by 
affidavit of some disinterested person or persons, of a possessioB 
of twenty years or more next preceding the time of application, 
with claim of ownership by the applicant himself, or by himself 
uid those upder whom he claims. All title deeds which can be 
procured, or authentic copies thereof, to be produced." 

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NO.M.] 8 

Whether, in applications to the Legislature, any or all of them 
docnmenis shall be dispensed with, is- not a question for the deter- 
mination of the Commissioners. It is due to the occasion, how- 
ever, to add, that grants have been frequently made by the Legis- 
lature in cases similar to this, upon simple proof of the public uti- 
lity- of the proposed object 

Respectfully submitted. 

JJbmj/, Jaituary 17, 1S86, 

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^No. 52. / . 


Jantitti7l9, 18S5. 


Of Kobert Dingee. an In^ctor of Green Hides and 
SUnti in the city and coun^ of New- York. 


The undenigDed, inspector of gre«D hidei uid calf ikini ia tha 
titf «f IMr-TetV !a tonplUoM with the 13th uetioa of the act 
of SOth April, 18S0, respectfully tobttuW tkw ftDtfttfaj^ r^drt; 

That firom the lit Janoary, 18M, to tfm iUi DMKffittftrlnt; fal 
ctHdve, ttem iteu Ib^Mewd hy Um mkI Mi depuUM, of 

GmeBHidM,.^..* *-.<.^ ..,.,.,.(,..» 48,SU 

CaUikini, ,. 9!^3« 

Haking, of ludet aod ikiiis inipected, an a^i^gate of.... 70^411 

That the feea for the oi^tiaii cl4»jU& Udei^ at 4 1 

eenti each, amooDta to #l>Vn 071 

On 83,478 calfskins, at It cts. amounU to 487 17 

Making the aggregate of fees received, t^464 34) 

The amount paid to two deputy inspectors, 
^^inted and employed during the tioM 
above mentioned, is n^WM 00 

Amount carried forward,... M.SOO 00 «l,404 M> 

[AMtm. No. sa.] 1 

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AmeoBt brov^ fennrd, . . •1,300 60 •»,«< Ml 

The ■mount paid dnring the mna time for 
extra hbor, nnd other ooatingeiit ox- 
peneea, ia 387 60 

Making the aggregate of expeniaa, — ■• ■ - •1,4ST 60 

Leaving a balance of. •1,030 641 

As the compentatfon to the omJeiffgneJ for tbe time expemled, 
attention beatowed, and respoBsibility incurred by him in the dia- 
eharge of fail dttlM VMbr tbe I«Wi daring the time eoabraoed ia 
thia report. 

Tbe arerage valae of tbe h»bi i napeele d daring tbe abore pe- 
riod, aa nearly aa the aame could be aeeertaioed, ia ^.S6 each, 
and of calf akina, 06 eeota eaeb. 

Making the total valoe of hides ioapeeted, <. |19J,11T as 

" " calf akina, inqiected, . . . 30,204 64 

Making total valne of bidea and akina, •331,881 79 

All which ia reqwctfnUy aobmitted. 

Jfyu-Teri, IMk Jnutary, 188S. , 

Otty tmd CbtuUy »/ J^hp-Tori, m. 

Robert Dingee, being duly awon, doth depoaa and M17, 
that the beta stated and aet forth in tbe foTegoing report are true, 
according to faia beat knoivledge, jadgment and belief, and farther 
aaith not - ■ . 

Sworn before me thia I6th day of 
Janoary, 16S&. 

C. W. L*WB>Ho% Abyar. 

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No. g3. 


January 16, 1835. 


Of WUliun P. Lansing, an Inspector <^ Lumber in 
the county of Alliany. 


Araoimt of lumber OMif ored and inipected in ths ctmaty of At- 
banjr bjr WUliun P. Luuing io 18S4. 

S9,05A eobic feet oek ud pine timber, from IS to 33 cte per ft 


SB&,318 feet lumber, face meeinre ; 913 

8,194 *■ *- lit quality 31 

31,471 " " 3d " 33 

7»,»41 " " Sd ■< IT 

«>r,7iT " " 4Ul '■ „ 10 

Feea,.. OM.TS. 

WM. p. LANSING, H^pxltr. 

IJUfm. No. a.} 

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No. 54. 


Jatinary 19, 1835. 


Of the «nBinittee on t3ie jttdidai7, on « rescdtitiDB r«> 
ferred to them relstire to the compen8ati<ai dT mem- 
bers of the Legislature. 

Hr. hiy'mgtim, from the comnttoc on the judidarr^ to ffhicA 
wu Tsforrad « motstioB dueetiitg them to inqnire mA nport tt 
to the expedioBey of repeiJiag a part of ■ cortun eeetioH of the 
Revtwd StaiMta roluiTe to the compeoaatioa of meodwra of iJit 


That they have given to the qaeition lUlKnitted to them a caro* 
fill examinatioD. The Mctioa of the act which the aaid reaolatioD 
refer* to, may be fooad ia the lat volume of the R. S, p. 161, § 4, 
and it u foUowB: " § 4. If any member of the Senate or Amoo^ 
bJy aballt afier Ati anioal at the ytast of metiing t^ eUAer hmut, 
or on All wojf thereto, be ]H«Tei)ted, by indiiponti(»i, from attend* 
ing either of the said homes, he shall be entitted to the like eook* 
pensation for every day he shall be ao prevented." The expedi- 
ency of strilcing oat of die section above quoted the following 
words, " after Ais arrival at the place of meeting of either home, or 
on his way thereto," is the question referred. If this amendment 
of the Statutes shonld bo asseoted'to, it appears to yourconunittee 
that then a wide docH* would be thrown open to applications for 
paying such members of the Legislature as might refrain from at- 
tending to their appropriate duties, either from real or imaginary 

[AfMm. No. M-i 1 

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< [Ambmblt 

eCOMi of indupoution. The limitatiou which It is lu^eited by 
fha resolatioD any properly be diipeosed with, hare, in the opinion 
of your comniltee, be«a fonrnd wiie utd wholetome ia their prao' 
ticBl eSecL 

We we BO reuoQ why a member who hu been detaned at hur 
fcoma by iiMliq>oeitioo< aoA who, therefore, hu readered no lerricv 
to the State, iboald be reeorapenaed fin- tervieee not performed. 

If Ibe afflendment raeationed ihoold be adopted, worid it not 
give colour to many ttojast and nnfomded appUcationi T 

It teemi to ni that eodi reeidte oa^ V"^ ** ^ af^rebended 
by a pmdent foreiij^t That appUcationt of thia diaracter will 
be addreased to the sympathies of fellow members, on^t to be 
boroe ia mind. Many members, under socb circumstances, would 
gladly avail tbemaeWea of the discreet and prudent dwlter a&«d- 
ed for their votes by the Sutute as it now stands. The Tery 
fact of our assenting to amend the section as proposed, would, ia 
the opinion of your eonunittee, sanction the idea, that we inteDd- 
«d, by doii^ away wHh the Hmitaiions in said section, to bold it 
^rth, as our judgment, that members ought to be paid who do 
not attend in their places, and who incur no expense by eeot 
attempting so to do. The very significant expression by the 
House last week, upon a question out of which the resolotioD re- 
ferred to your committee very probably sprung, encourages them 
to believe that the committee will act cwrrectiy, if they shall ad- 
vise the House not to alter the existing law upon this subjecL 

If the words in question sbouM be stricken out, tfien every 
member of the Senate or Assembly, who mij^t be prevented Ay 
tadtijMMtrioa from attending the meeting of either branch of the 
Legislature, would be entitled to the same pay a* if hie had attend- 
ed. That is, if sufficient evidence of such indisposition should be 

What would be legal or proper evidence of such indispositiai, 
will, if the amendment alluded to should be made, probably come 
before some future judiciary committee of the House. 

Wbat sort or kind of indupatititm the member applying for pay 
ought to be afflicted with, to bring him within the purview and 
meaning of the section, if it should be amended as proposed, might 

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No. M.] S 

be a quettimi aboot trhich tbe dooton on Mine Ibtare medictl com- 
mittee of the House might poMtibly diMigree. 

Your committee are anxioiu to avoid nicb qoeitiou aa haT« 
been above allnded to, and which might hereafter take ap much 
time and troable to iettle. In concWon, we obierve, that we 
daem the preaent Statota preieribai a wiw and eqnituable rait, 
and OD^t not to be altered. 

It comprehend!, it wema to m, all caaei in which a member 
elected to the Legiilature ought to hare or to recent compeoaa- 

Yoar committee, upon the facts above stated, and for tbe reasons 
assigned by them, report, that in their opinion it is inexpedient to 
change ibe provitioni of the existing law in relation to the eom- 
penaation of members of tbe Senate and Assnnbljr. 

All which is respectfully submitted. 

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No. g6. 


January 19, 1835. 


Of Nathan Roberta, an Inspector of Lumber in the 
city of New-York. 


Agreeable 10 Reriied Statutes, chapter 17th, I, la aa iiupector 
•f lumber, beg leave to pieieot to your honorable body the follow- 
ing return of lamber inspected by me from 1st January, 1884, to 
1st January, 1836, mads out in cubic feet, superficial feet, inches 


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Uluantitjf and qriaHty of lumbtr tntpected. 

guaBHe., wiz.- 





White pine timber,... < 

Yellow " 

Oak timber, 




































*0 13 


Live oak timber,..., . 

Locust timber, 

Cedar timber, 

ChesDUt timber, 

White wood timber,.. 


Oak ship plank, . . roperi 
White pine >hip plank, 
Yellow pine " . 
While pine b'dB&plTt, 



37 00 
35 00 
85 00 

Oak boards anct plank,. 
Maple boards and joist. 

Spruce beams 

White pine bewrw,... 
Oak kneei 



22 00 
18 OS 
12 00 
14 00 

Spruce span, 

white pnie spar«,.w> 

A* togn 



1 50 


4 OO 

Yeloe bt Ihe above at pticcs CiU7«at, atxnrt ^,000. 

Feee, »1,857.67. 

MwTort, Jmnury lit, 1836. 

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No. 57. 


January 17, 1835. 


Of Richard B. Fosdick, an Inspector of Flax-Seed in 
the city and county of New-York. 


Tho inspector of flox-ieed respectfully reports, tbet he his inspect- 
ed 19,47ft tierces, ind 777 half-tierces of flax-seed from the Ist 
Jsuiaary, 18S4, to 1st January, 18S5. 

The value of which is,.... •807,884.35 

Fees for inspecting 19,475 tierces, at 6 cents, is |978 76 
" *< 777 I tierces, at 8 cts. is 38 81 

*997 oe 
Expeaies for deputy 868 00 

(890 0« 

[AssmUy No. 57.] 

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No. 58. 


January 21, 1835. 


SVoiB the Clu^ Justice of the Supreme Cooit in an- 
swer to a. resolution friHn the Assembly. 

-.mam/, January 20, 188ft. 
To 4he Hod. Ch&sus Huhphrbt, 

i^peaker of -the ,3$ttmi>hf. 

1 4iKve the lienor to eocloBe a Toport in anawer to the reao- 
liUioa of the honorable the AsBembly, of the 14t)i inttast, calling 
for informatioB in relation to the Supreme Court. 
I have ihe bcwor to be, 

With great respect. 

Your ob't lerv*!, 


No. 56. J 

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REPORT, &c. 

TV the Hdm»rahU the AMmbfy 0/ the SlaU 4^ Mw-York, 

The Chief Justice of the Sapreme^ Coart, who, together with 
the ChaDceHor, by a resoludon of the honorahle the Ajuembly, ^ 
the 14th isat., was requested to iDform the house ofthepreseDt state 
ot buslitess in their respective courts, and whether there is just 
gromd of complaint as to delajrs in those courts io the heating and 
^eciaioo of cuisea; And if so, to report such a judicial system as 
wiH, io their opinion, be adequate to perform with despatch, the 
bosinesa which will probably have to be transacted before the nid 
iodidal tribunals, 


- That he can answer in relation to the Supreme Court enly. 

The infonnatioB desired, aeems to require an answer nodar three 
distinct heads: 

1. The present state of the bauness: 

S. The delay, if any, and the causes of such delay: 

9. The proper remedy. 

I. T%e Bunnets vf tkt CemrU 
Thb mass of causes commenced in this conn, prog^ren without 
delay, from their oommeocement, to judgment WImo pleas are 
interposed, the causes are brought speedily to trial; a circuit for 
the trial of issues of fact, is twice held in each year in each conn* 
ty, and every cause ready foij trial is usually disposed of In a 
great nii4<^'7 *^ cu»t tried at the circuit, jodgments are entered 
nt the succeeding term, and the prevailing parties obtain the fruits 
of their judgments. 

It is only in causes in which qaestioos of law arise, and when 
one of the parties is dissatisfied with the decision of the circuit 
judge, that any delay becomes necessary. 

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4 fAiii 

In ffodi COM, tbe queatiooB ariaio; ftt the ctrcnft, are bnMigfat be- 
fore the Supreme Courtr by « case or IhU of exceptions, for dieir 
decision. It a the proper business of the Judges of the Sapreme 
Court to hear sod decide these cajes, as weD 88'altwrit»<rfeiTor 
and of certiorari^ tO'inrcrioFCOurtSrUi both civil and cnninalcaaetr 
and queatieoa arising a^oa demwrtr* 

To grve to the Atsenibly ao adequate idea: of the bnaineas of (he 
eourt, it ispyoper to atate, that these cauaea. wbea noticed for v- 
gumentr are entered by tbe cUrt upon a cafendar, acearding to 
priority; and in that order generally they are argued. Tbe «ily 
exceptioRSr are eauaea ia which the feople are m party, and sucb 
a« have preference by statute. The causes thua entered apoa tbe 
calendaVr coaslitute what ia called the enumerated buaineas of the 

The mm-enmnerated bnahiesff of the court eonaiata oftfie special 
notiona which arise in the progress of causes, and also of motions 
for the 'writs of mandamus, prohibition, and eettiorwi, and aocne 
•^er special applicatiopa authorised by statutes. 

These motions are much more nameroaa thatt Ibe cnamerated 
motions; are entitled to preforente; and widi but few excepltoiia 
are heard and decided in vacation. 

The nmnber of causes upon the calendar at the present term, ia 
331, including some issues of 1833, And coating down to a very 
recent date. 

For aererd yeara paat, the average iHimber of caoaea has been 
about 800. About one-third of this number has nsuallybeec dis- - 
posed of at each term, either by argument, aubmiawoa or default. 

The nwnber of jodgmenrts entered in tbe clerk'a office in this 
eity daring tfie last year, ia 8,139; and taking this number as an 
average of the other three offices, the whole nmaber will be 13,504. 
Of this number, about 400 have passed under tbe immediate anper- 
vinon of thia court, mad have been decided upon argomeot, eiilier 
fat open court or in writing. 

The nuipber of special motions, all of which have been heard 
and decided in open court, and some discussed at great length, is 
1,810. Tbe 831 causes now on tbe calendar, and upon which the 
oourtia DOW engaged, ia composed of the following daaaea, to wit: 

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No. 58.] 5 

Writ! of error from inferior courts,.... 110 

Motions for oew- trials on cases made in causes tried at the 

circuits, 60 

The like on bills of exceptions, „ 27 

Cases upoD demurrer, 56 

MotioDs to set aside reports of referee?, 86 

The like to set aside iaquesU, 3 

Cases on certiorari 6 

Motions in arrest of judgment, 3 

Case on special verdict, 1 

Mandamus 1 


Having thus stated to the Assembly the present stale of the bu- 
siness, the undersigned proceeds to state, 

II. 7%e delay in hearing tjnd deciding Causes, and the cauiea of 
svck delay. 
That there is, and must be some delay in the decision of causes 
placed upOD the calendar, is well known. Many of them present 
questions of importance and difficulty; they are elaborately ni- 
gued by counsel, and must be caretuUy examined by the court, 
and an opinion written, containing the reasons of the court for the 
decision which they make. It has been found impracticable for 
the judges to hear, examine and decide these causes as fast as Ihey 
are put upon the calendar, coining from 55 circuits, held twice in 
a year, 56 courts of common pleas, including the superior court of 
the city New-York, besides demurrjers, and some other miscella- 
neous buskiess, and hence the delay. 

It will be recollected that under the old Constitution, the terms 
and circuits were held by the same judges. At the organization 
of our government, the number of judges of the Supreme Court 
was the same as at present, three. There were four terms of this 
court of two weeks each. In 1785, the October and April terms 
nrere extended to three weeks each; and the reason then assigned 
for extending them, was, that the terms of two weeks were '* attend- 
ed with great delay of justice."— Session 8, chap. 61. When this 
extension of the terms took place, the population of the State did 
not exceed 300,000. The business of the court increased with the 
increasing population and commercial traiuactioiM of the State. 

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6 [AnuuLT 

Id 1793, it became Deceisary to add one judge, and in 1794, anoth- 
er, making the Dumber fire. At that time the population did not 
exceed B<M,O00. Five judges remained upon the bench until the 
adoption of -the new Conititution. During thii period, it wu 
found that the laoie canieB which produced the necesaity for more 
judges, and longer tenng, continued to operate. The Stale con- 
tinued to increase in peculation, which, at the adoption of the new 
Constitution, exceeded 1,S00,000. Business of all kinds became 
more and more extended; contracts were multiplied, and litigation 
succeeded. The Legislature, previous to that period, did not think 
proper to increase the number of judges; and those in office found 
themselves unable to perform the business with despatch. For 
several years previous to 18S8, the court, composedof men of dis- 
tinguished talent and industry, could not dispose of the causes 
upCHi their calendar; nor were they able to try all the issues at 
the circuits. An accumulation of causes up<Hi the calendar of the 
Supreme Court, and of the circuits in those counties where the 
most business arose, was the necessary consequence. 

Such was the state of business when the adoption of the new 
Constitution introduced a new judicial system. The labors of 
the term and the circuit were now divided; as under the old Con- 
stitution, the principal difficulty was supposed to arise from delay 
in the trial of issues at the circuits, the new system provided for 
that evil a suQcient remedy. Eight judges were commissioned to 
hold the circuits, while only three were assigned to the higher and 
more responsible duty, not only of deciding all questions of law 
arising at the circuit and upon demurrer, but of supervising all in- 
ferior jurisdictions within the State, and ihe more delicate doty 
of sitting in judgment upon the constitutionality of the acts of 
the Legislature itself. 

At first blush, this system seems to be not properly balanced; 
and so it has proved in practice.— -While the circuit judges have 
not business to occupy half their time as circuit judges, the judges 
of the Supreme Court are expected to perfonn nearly or quite 
double the business which ought to be required of them. 

When the new bench commenced their labors in May, 1833, 
they found a heavy calendar of old causes. The last calendar of 
the court under the old Constitution in January, 1833, contained 
SB8 causes. The calendars at New- York and Utica in May and 

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No. 58.] -7 

Augmt followiog, were largo, and in October at Albany, the num- 
ber was 463. As yet, but part of the cauiei from the circcutB 
held under the new Conititution, had reached the calendar. The 
ntunber of old caoseB could not be ascertained with perfect accu- 
racy, but there were probably from foor to five hundred. At the 
January term, 18S4, a flood of cases coming from the recent cir- 
cuits, the accumulation of'previous years, poured in upon the court, 
and nearly overwhelmed it. The number was 648. 

With the number of trials at the circuits, the number of special 
motions increased, and a large proportion of each term was neoes- 
sarily consumed in hearing and deciding them. Up to this time, 
the calendar exhibited a greater number of causes, than there 
were in point of fact; nearly half of them were noticed on both 
sides, and entered separately upon both notices. 

In 1S36, the judges, by great exertion, and doubling Uieir hours 
of sitting in court, (an experiment which will not bear repeating,) 
were enabled to go through their calendar for three or four terms in 
saccession. The labor was too severe and could not be continued. 

In April, 1835, the honorable the Senate, in consequence of me- 
morials presented to them, by resolution called upon the Chancel- 
lor, Judges of the Supreme Court, and the ciicuit Judges, to re- 
port to the Senate at their next oimual session, what alterations, 
if any in their opinion were necessary, in the Constitution and laws 
of this State, to improve the judiciary system. On the 16th Jan., 
1S36, a report was presented to the Senate in answer to that reso- 
lution. To that' report the undersigned begs leave to refer; it is 
found in the Journals of the Senate of that year, at page 66. It 
was then distinctly stated, that it was to be apprehended from the 
disproportionate organization of the court, that causes in the Su- 
preme Court would continue to accumulate; and that such a result 
mig^t be considered certain, by recurring to the increasing popu- 
lation of the State. 

hi that report several measures were recommended as calculated 
to afford at least temporary relief, and such as were within the 
power of the Legislature, without an alteration of the Constitu- 
tion; but nothing was done. Some of the measures then recom- 
mended have since been adopted, and with decided soccess; but 
the principal expedient has never been adopted. It was to com- 
■pti suitors to litigate causes, when the matter in dilute was be- 

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» • [A. 

low $100, ID the coorti of conmon pleu. The efficienoy of 
nicb a menuTe has been fully tested by the orgsnization of the 
superior court io the cit]r,of New-York. But for the ability and 
iodnstry of that c»urt and the court of common pleas of that city, 
no doubt is entertained Uimt the calendar of the supreme ooort 
would hare been muoh larger than it now is. 

The present judiciary system has been in operation nearly twelve 
years. Within that period several circumstances have occurred 
calculated to enbanoe the buiineis of the court beyond its ordina- 
ry amoanL - 

1. The adoption of a new Constitution haa been the occasion of 
calling forth the labors of the bar and the court, in giving a con- 
struction to some of its provisions. 

3. The adoption of a new code of laws, " The Revised Sta- 
tutes." The Legislature, in the revision of I8S0, departed from 
their former practice. Instead of merely revising the statutes, 
they made an entire new code; altered the phraseology of old 
statutes, which had received a judicial construction; and intro- 
duced a vast number of entirely new provisions, varying in prin- 
ciple from the old laws. Some of them have already received a 
judicial construction, but much remains for the future labors of 
the court. 

3. Within the period referred to, about one millitHi of souls has 
been added to the population of the State, which cannot now be 
less than S,SOO,000; a consequent increase of business transac- 
tions has further increased the amount of litigation. 

The judges of the supreme court have, with patience and per- 
severance, pursued their labors, in the hope that the Legislature 
would ultimately afford the necessary relief. 

Of the value of those labors it does not become the undersigned 
to speak. They are principally, but not wholly, before the pnUic 
in twenty volumes of reports, conttuning the principal cases deci- 
ded during eleven years. 

The judges hold, annually, four terms of four weeks each, 
though Uiey abridge these terms whenever they have suffident bu- 
siness on hand to occupy them during the ensuing vacation, Tbcy 
singly and alternately hol^ sixteen special terms, which coninme 
usually one week eadi in hearing and deciding special motioDS; 

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Ifo. &S.] 

and ihey wrrit from six to eigbt 'Weeks in the court ior thu oo> 
xection of errors. The residue of their time is spent in exanain- 
lag cases and -writing opinions. They insist, therefore, that the de- 
lay which does exist is not properly imputable to their want of in- 

That some delay exists is notorious. At preseot the period be- 
tween the trial of causes in which there is delfiy and their final deci- 
sion, is about two years, as will be seen by the reported cases. That 
4lelay exists, however, in a very smdl proportion of the causes tried 
■at the circuit, as will be seen by comparing the number of judg- 
ments with the number of cases on the present calendar, which have 
come from the circuits. That is not, it is admitted, an entirely 
accurate lest, because many judgments are entered by default; but . 
stilt this comparison will shew in what proportion of causes brought 
in the court delay exists at all. While th^ whole number of judg- 
ments entered in a year amounts to 13,504, as above estimated, 
the whole number delayed, as shown upon the present calendar, 
including cases, bills of exceptions and demurrers, and all other 
motions in causes originating in this court, does not exceed 204. 

This calendar does not show aTl the causes delayed; but it it 
tielieved to contain a large proportion of them ; and more than one- 
third of the causes on the calendar originate in other courts. No 
cause can be delayed, unless an order is obtained for that purpose. 
If there is no just cause for granting the order, the party delayed 
may move at a special term to vacate such order, and thus remove 
the cause of delay, if it is frivolous. So also when a demurrer is 
interposed for delay, it may be moved as irivolous, and if found so, 
judgment final is given immediately. Very few causes, therefore, 
can be delayed, unless there is a serious question arising, wUch re- 
quires discnssioD and examination. 

. With respect to the delay between the argument and decision of 
causes, it is to be remarked, that it has been the intention of the 
court to decid'e the causes at the term ensuing the argument; and as 
toa majority of the cases, such is the fact; butastosomeof theca- 
ses, a decision has been delayed by reason of several causes. Two 
of the vacations are about half consumed by attendance upon the 
Court for the Correction of Errors; and some decisions have been 
delayed I^ a re-ezamination, rendered necessary hy a <lifierenca 
[Assam. No. 68.] < 

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10 [AS8EMBZ.T 

oropfhion between tlie judges. The great cause of delay niidoabt- 
edlyia, that more labor is req.uired from the jodgea, thui any-tiiree 
men eao perform. 

Having thus stated to the Assembly, as accnrately as poaoible, 
fhe bunnesB of the court r the delays whicb occufr and (fee cwiset: 
of auch delay, the undersigned proceeds to lay before tfie Aaaeiu- 
My some suggestions as to 

III. The pnpernmedyf 
The andersigaed is of opinion, that no permanent relief can be 
afforded with«ul an amendment to ^e CoBstitution. A greater 
number of judges to sit at bar woald enable the court to decide 
with more despatch. The same time would be consumed in the 
arguments at bar, whether the cause be heard by three or five 
judges; but as a great part of the labor of the judges consists in 
examining the namerous authorities cited by counsel, and writing 
out the reasons for their decisions, it is manifest that when there 
is no difference of opinion among the members of the court, the 
labor of writing may be divided; and then the greater the num- 
ber the less wit) be the fabor of each. There should be at least 
five judges to sit at bar. The eight circuit judges, if discharged 
from their present equity duties, in addition to holding the eircoits, 
might be formed into two courts of four judges each, to bald two 
terms in each year, and sit in review up<Hi the decisions of each 
other, reserving to parties the right of appeaF to the supreme court 
on giving security or obtaining an order to stay proceedings. 
Shonkl this project meet the favorable conuderation of the Legis- 
lature, the only alteration necessary in the Constitution would be 
the authority to appoint two additional judges of the supreme 
court; and, to remove any doubts as to the power of the Legisla- 
ture to organize the circuit judges into such courts, a declaration 
of such power may be made fn an amendment to ttie Constitution. 

Another project has been suggested by severai members oi the 
bar, and is submitted to the consideration of the Legislature. 
Abolish the court as at present organized, and appoint nine judges 
who shall be alt justices of the supreme court. The chief justice 
to remain always at bar; the other eight to perform bar and cir 
cuit .duties alternately; four being always on the bench with tbe 
chief justice. There are at present fifly-five counties in which 
circuits are held. It is believed that four judges are sufficient to 

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No. 58.] 1 1 

hold thorn, if, in the mean time, relieved from all other duties. 
If, however, that number should be found too small, more should 
be appointed; and the Constitution should leave the number in the 
discretion of the Legislature, to be increased if necessary. Pire 
should hold the terms, and compose part of the court for the cor- 
rection of errors. 

Should the Legislature, however, think it inexpedient to pro- 
pose an amendment to the Constitution, the undersigned can 
suggest no measure so likely to relieve the court as to prohibit the 
recovery of costs by plaintiffs in all suits in the supreme court (in 
which the title to land does not come in question, and those in 
which the people are not a party,) wherein the recovery shall not 
exceed 9250; and also prohibit costs to plaintiffs upon the reversal 
of iudgmentB from the county courie. Give the plaintiffs in such 
cases their disbursements, but nothing more. This would induce 
plaintifis to prosecute such causes in the courts of common pleas, 
and discourage writs of error, which it is believed are sometimes 
brought for costs. Those courts, in many of the counties, have 
, among their members counsellors of high standing; several oC 
whom are competent to sit on any bench. Should these courts 
err, their errors may be corrected in the higher courts; but upon 
principle, no reason is perceived why one party should pay the 
costs arising from the error of the court more than the other. It 
has not always been the policy of our law to give costs upon re- 
versal; and it is believed that in England, at the present day, 
plaintiSs in error do not recover costs. So, too, if costs were 
limited upon special motions, the number would be diminished and 
the papers would be less voluminous. 

Many causes originate in justices' courts; they may be carried 
by appeal or certiorari, according to circumstances, before the 
courts of common pleas, and from thence by writ of error to this 
court. It is believed that one-fourth of the cases upon the ca- 
lender of the supreme court are cases of this description. In such 
cases the costs must far exceed the amount in controversy. It is 
certainly competent, perhaps it would be wise, to discourage ap- 
peals, certioraris and Writs of error, in those cases, by giving to 
the plaintiff in error, when successful, disbursements only. 

Temporary relief may be partially obtained by legislation only. 
This is suggested, but it is not recommended. It is believed to be 
the part of wisdom to propose, at once, an amendment to the Con- 

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13 [A««EifBtv 

slitution, Qmbracing one or the other of the projects abore stated, 
or a better ooa to be devised by the wisdom of the Legislature. 
The populati<Hi aod bosioess of the State are rapidly increasing, 
and will continue to increase for many yean to come; provisioD 
should be made in season to meet our future as welt as present 

All which is respeetAiUy sabmitted. 

January 20, 183&. 

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Jfo. 59. 


January 22, 1835. 


I^esented by Mr. Roosevelt on the 7th instant, and 
referred to the committee on the judiciary; and 
repwted by the committee on the judiciary on the ' 
17th instant, and committed to a committee of the 

Whereas tbe Legislature at its last session, (a majority of all 
the members elected t6 each of the two houses agreeing thereto,) 
did resolve, that the following amendment to the Conititution of 
this State, be proposed and referred to the Legislature then next 
to be chosen: And whereas the said proposed amendment has 
been published for three months previous to the time of making 
such choice: 

Resolved, That this Assembly, (two-thirds of all the members 
elected voting in the affirmative,) do agree to the said proposed 
amendment in the words following, to wit: 

" Whenever a sufficient amount oi money ihall be cc^lected and 
' safely invested for the reimbursement of such part as may then be 
unpaid of the money borrowed for the construction of the Erie 
and Champlain canals, the tenth eectioo of the seventh article of 
the Constitution of this State, so far as it relates to the amount of 
duties on the ipanufacture of salt, and the amount of duties on 
goods sold A auction, shall cease and determine; and thereafter 
the duties on goods sold at auction, excepting therefrom the sum 
of thirty-three thousand five hundred dollars otherwise appropria- 
ted by the act of the 15th of April, 1817, and the duties on the 
manufacture of salt, shall be restored to the General Fund. 

[Aasem. No. S9.] 1 

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No. 60. 


January 22, 1835. 


Introduced by Mr. M. H. Sibley on the 22d instant, 
■nd <ndered to be laid upon the table. 

Baohtdf That hii Excellency the GoTemor be requeited to 
eonunanicate to thii House any information be may poMoai, in 
relation to the practices " of some of oar banks" *' of buying or 
wiling drafts for the purpose of taking usury with impunity, or aa 
a pretext for extortion," aa stated in bis message at the opening 
of the present session; and specifying, as far as be may be able, 
the particalar banks against which " the public have just grounds 
of complaint;" to the end that aach institutions as are not culpable 
maybe exonerated from the suspicion thus thrown upon the whole; 
and that this House may be enabled the better and more promptiy 
to diachatge its duty, by complying with the recommendation of 
his Excellency to correct the 'practices so justiy censored by him, 
and "all other practices inconsistent with fair dealings on the part 
of these institations towards the public." 

[Aaaan. N«. SO.] 

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No. 61. 


January 2% 1933* 


Of a majority of the committee on the judiciary, on the 
e^tediency of changing the time of the annual meet- 
ing of the Legislature. 

Mr. Roonvelt, from « mKJorily of the committee on the judi- 
«iary, to whom it was referred to inquire into the eipediency of 
chtogiag the time of the annual meeting of the Legiilature to the 
fint Tueaday of December, in each year, 


By the fourteenth lectioD of the fint Article of the preient Con- 
ftitutton of the State it it provided that the political year ihall be* - 
gin OB the fint day of January; and that the Itegislature ahall, 
every year, auemble on the fint TSieMday of January, unleii a dit 
ferent day ahall be appointed by law. The year, therefore, for 
which the memben of Anerobly are choaen, commencing on the 
fint day of Janaary, as fixed by the Constitution, can not termi- 
nate befera tile last day of December following. And as two sets 
of legislator!, although elected, can not be in ofiSce at one and the 
same time, it necessarily follows that the Legislature chosen for 
any particular year, although it may by law be eouTened at a 
later, can not by law be convened at an earlier period than the 
fint day of Janaary of the year next ensuing that in which it was 
dioeen. To accothplish, therefore, the object contemplated by 
the resolution, an amendment of the Conititotion wilt become ne- 
otoaary. Such an amendment the committee have aoeordingjy 
prepared and herewith submit to the House. 
. No. 81.] 1 

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Aetohed, That the following amendmeDt to the Constitutiw of 
this State be proposed and referred to the Legiilature next to be 
chosen: and that the Secretary of State cause the same to be 
published in one newspaper printed in each of the Senate districts 
of this State, for three months pVevious to the next aannal elec- 
tion, in pursuance of the provisions of the first sectioa of the 
eighth Article of the said Constitation; a maj<Hity of all the mem-. 
bers elected to the Assembly rotiog in favor thereof. 

"The political year shall commence on the first day. of Decem- 
ber, on which day the Senators and members next preriouilj 
chosen, shall be entitled to the eiercise <^ ^eir respective offices, 
in'virtue of such election. The Legislature shall every year as- 
semble on the first Tuesday of December, unless a difierent tioe, 
after the first day of said month, shall be appointed by law," 

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No. 62. 


January 22, 1835. 


Of the committee on the judiciary, relatiTe to amend- 
ing the thirty-eighth rule of the House of AsRembly. 

Mr. Dayui, from the committee on the judiciary, to which wu 
referred the reiolutioD of the Houie, initnicting them to inqture 
into the expediency of so amending the thirty-eighth rule of tbii 
Houfe u to prohibit all amendmenta to the report of the commit- 
tee which were not ofiered in the committee of the whole Houte, 


That they have had the said reiolution under coniideration, and 
h^Te directed their chairman to report the following resolution: 

RcMohed, That the thirty-eighth rale of this House be amendedt 
by adding to the end of the said role the following words: 

" And sot^ amendments only shall be in order as were offered 
in oommittee of the wliole Houie." 

lAwmm. No. OS.] 

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Wo. 63. 


JftBnary21, 1835. 


Of £he comsuttee <m colleges, academies and cdramoD 
scboolgf on the peUtion of Joha Preston, and 

Mr. Borke, from the committee on edlegei, ac«demiei and com- 
non Mhoola, to wttich wu referred the petition of Jotio Pretton, 
«nd othen, relative to «d improved Rwoner of teachiog fehoola, 


That they have given the sal^ect referred to them, all the atten- 
tioQ which its importance, and the high character of the petitiooen, 
would teem to require. The petition, after propoaing many uieful 
aaggeitioDi in refereace to the instniction and government of our 
comm<m schoola, conclndea with a pra^r, " that a tupervinonal 
power may be placed in the Superintendent of Common Schoola, 
whereby he may make, amend, order and enforce rulei and regu- 
lations for the advancement and imfwuvement of common acbool 

By reference to the exiiting taws in regard to the powers and 
duties of the Superintendent of Common Schools, it will be per- 
ceived thai sinular powers to those sought to be ^vnted, are al- 
ready conferred upon that officer. By the fint section of the act 
concerning the powers and duties of the Superintendent of Com- ■ 
mon Schools, he it required in his annual report to the Legislature, 
to prepare and submit plans for the improvement and management 
of the Common Scboi^ Fund, and for tke better orgtauxatum of 

[Assem. No. 6S.] 1 

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commo* tehMU. By the 0th lecUoD of the wme set, tha Soperin- 
teadeat is repaired, among other tfaiogSf " to traniimt such intlruc- 
tioDi a* ha ihall deem aecesMry rad proper for the better o^Biii- 
xation and government of common schools, to the officers require! 
to ezecnte the proTisions of the said acL" 

Your committee do not perceiTe the aecessity of enlargiiig the 
powers thus conferred, and believing that onr present common 
school system reflects the highest credit upon tho wisdom of our 
predecessors, as does its superintoDctence upon the officer at ths 
head of that system, your rr-mmittra retpeotfiilly ask leare to in- 
trodace the following resolution: 

JUtohed, That the petitioners have leave to withdraw their pe- 
tition» and that your committee be diacharged from the fnitbtr eosr 
sideration of the same. 

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No. 64. 


Januaiy 22, 1835. 


Of the cfMiunittee on the judiciary on the petition of 

Charles Waggoner. 

Hr. Krntn, from the committee on the judiciary, to iriiich wu 
referred the petition of Charles Wagoner, of the town of Pala- 
tine, in the eonnty of Montgomery, praying for an act aathoriz- 
ing him to take the oath and hold the office of juitice of the peace, 


That your petitioner repreients, that at tlie last town meeting, 
in March, heid in the town of Palatine, in the county of Montgo> 
awry, yonr pijtitioiier wu dniy elected a jostice of the peace; 
that through misappreheniion of the law, he did not qnalify with- 
in the time limited hy the itatute. 

Your committee, on a carefol examination of the matter, are 
of (q>inion, that yonr petitioner having violated to important a 
tnut conferred on him by hia conititoents, in not taking the oath 
of office pnnuant to atatnte, no act of the Legiilature ought to be 
granted, vetting him with the office of joatice of the peace, and 
that the {mayer of yoor petitioner onght not to be granted. 

[AfMm. No. «4.] 

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No. 65. 


January 23, 1835. 


Of the select committee on so much of the Ooremof'g 
message as relates to the enumeration of the inhabi- 
tants of this State. 

Hr. AtvBM, from tha Klect committte to whioh vu nfem4 
•0 BMich of the Goveroor'i inwng* u reUtu to tlw eauiiMratioB 
«f the inlubitutj of thie Sute, 


That jova committee hare bestowed all proper attentioD, not 
«nly ^KKi tbe nibject embraced is, the aaid reference, bnt aleo 
upoa the readuttim of the Houte of the Idth iutaot, reqairing 
them to inquire into the eipediency of providing for ascertainiog 
tbe amount expended for the relief of paupen ia each of the coqd* 
tiea. And alw tbe amount paid by tax in each of the cooDtiea for 
defraying the chargee of ooarts of ipeual Boaiiona. 

Yoor committee, in examimog the tubject embraced in the aaid 
reeoIntioB, hare latiified themseWei that tbe inquiry proposed by 
the aaid reaolution, which relatei to the amount expended for the 
relief of paupera, is, by the existing regulations fully provided for: 
that a report of all such expenses is annually made by the super- 
intendents of the poor to the Secretary of State; and that they 
are infenn«d diat the said Secretary it now prtpariiig, ami will 

[Aasem. No. 6&.] i 

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S [Ajmikvlt 

aooa lay before the Legiilature, a leport which wiR embnu» a 
itatenoeat of all su^ expenses 

On the lubject of that branch of the laid retolutioa rebUog t» 
the expediency of ascertaining the imount paid by tax for de(ray- 
ii^ the charges of courts of special sessions, your <»inniiltee, in 
reasoning upon the subject, and calculating apoa the profits sad 
loss, have come to the cooclusion that the infoimation to be deriv- 
ed through the agency of the several marshals to be appointed and 
charged with the duties of enomeraUDg the inhabitants, mast be 
entirely imperfect and unsatisfactory, arising from the great con- 
fusion, as your committee believe, in which this whole matter 
roust be involved: that the duties of such courts, with other offi- 
cial duties in furthering the public peace and good order^ are per^ 
formed by a numerous class of public officers, whose accounts ve 
supposed to be kept with no great degree of accuracy; and when 
they have been audited, which ordinarily is done at each snaoal 
meeting of the board of supervisors, they will be the less prepared 
to give any satisfactory information of their respective charges for 
services in courts of spedal sessioiu. 

Your committee are, therefore, of <^inion that to change, the 
form of the blank retarns prescribed in title sixth, chapter third, 
part first of the Revised Statutes, and impose upon the reqiective 
marshals such additional duties, is inexpedient, believing, as your 
committee does, that the information to be derived by such alte- 
ration must, at best, be very imperfect and unsatisfactory. 

YoUr committee find, on examining the subject referred to in 
the Governor's message, that provision is made by the Revised 
Statutes, in the title above referred to, for the enumeratitHi of 
the inhabitants of this State: that such enumeration is to be taken 
during the present year; and the form of the blanks is provided in 
the said title, copies of which the Secretary of Slats is requirad 
by said title to furnish to each town and ward in this State; 
which said blank, so provided by law, your ctmunittee befieve to 
be sufficiently extensive for all useful purposes, with this excep- 
tion; the unfortunate blind inhabitants have no place in the blank, 
while the equally unfortunate deaf and dumb, idiots and lunaties, 
have a place provided for their enumeration. 

Year committae are, therefore, of the c^iiition that the Secre- 
tary of State should bt required by law so to aztaod die blanks, 

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No. 6&.] S 

to be by him fmniiahed u afin-esaid, u to eauM the blind inhabi- 
tuils of thii State to be enumerated; which may be accomplitb- 
ed by a very slight eztension of the blank now provided by law: 
and for the aecomplitfament of which desirable object your com- 
mittee hare ioitmcted their chairman to aak leave to introduce a 

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No. 66. 


JaniiaiyS3, 1835. 


Of the comiiuttee on clums, on the petition of Joseph 
A. Norton for relief, 

Hr. Burhan% from the committee on claims, to which wu re> 
(erred the petition of Joseph A. Norton, praying compeasation for 
hit services and disbursements in pursaing and apprehending cer- 
fugitives from justice. 

That upon referring to the Journals and Documents erf* this 
House, of the year 18S3, it appears that the petitioner applied to. 
the Legislature of that year for compensation and relief^ 

That his petition was referred to the committee on claims, who 
made a fall report on the same, detailing the facts, and introdaced 
a bill for bis relief; but no further action was had thereon. 

For the report above referred to, see Assembly Docoments of 
1883, No. 136. 

It also appears, from the Jonmals of 18S4, that the petitioner 
renewed his said application to the Legislature of that year. The 
committee on claims, to whom his petition was referred, reported 
by bill for his relief, which bill was committed to a committee of 
the whole House, and no further action had thereon. 

Your committee are satisfied, from the facts set forUi in the affi- 
davits accompanying the petition, and the report herein before re- 
ferred to, that the claim is just and equitable, and recommend 
the passage of a bill which they have prepared and ask leave to 

[A«m.N,.66.] 1 „,,„„,Google 

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yo. 67. 


January 21, 1835. 


Of the Commissioiiers of the Land-Office, under the 
act concerning escheats. 

Albant, January 19, 1BS&. 
Tbs CommiaiioDen of the Lud-Office, in porsoatuM of the Slit 
Baetion of the act entitled " An act concerning eicheats," passed 
April 30, 188S, submit herewith a statement of all the releases 
granted under that act and the act amending the same, the names 
of the persons to whom they were granted, the quantity and Taloe 
of the lands released, and the moneys paid into the treasury, or 
secured to the people of this Sute, on acecHmt of such releases. 
Respectfully nilnaitted. 

JOHN A. DIX, Stt?ry of State. 
A. C. FI^GG, CoK^tnUer. 

[AnUB. No. ST.] 

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, . .. je persons to whom 

aoneyg j 

tlK m—uii- 

«eS5 00 




SI «7 

n, in the v 

10 oo 


30 00 


60 00 


» m 

n, town of 



i6 00 

and 100 m 

.he county 


2 and 38, c 

40 00 

, Orange a 

10 00 

Orange CO 

12 M 

n, county « 

10 31 

ties 03 


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No. 68. 


January 21, 1835. 


Of William Dumont, an Inspector of Pot and Pearl 
Ashes in the city and county of New-York. 

To the BoturabU the L^Iatwe of the State ofJflgwTork. 

Report of pot aad pearl uhes iaspected in the city and county 
of New-York, from the 34th day of March, 1884, (the day of 
taking poBsefwion of office,) to the 31it day of December, in the 
same year: the average price of which, and the probable value 
thereof, as near mm I have been able to ascertain the same, if set 
opposite the respective qualities and quantities hereinafter men- 
tioned and expresied. 

[Anem. No. es.] 

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• New-Yor 

ible to ascf^i^f mentioned 


. •488,688 68 

40, Ml 04 

4,l>87 54 


S,470 U 

, 186,861 M 

18,117 n 

498 46 

88 68 

•648,048 18 


d etMMtg of Mho-York. 

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No. 6£^^ 


JanuArj 32, 1835. 


Of John I. Morris, an Inspector of Lumber in the ci- 
ty of New- York. 

The Hon. Cbaklbs HiniPBitBT, 

Speaker of the House of ^nembly. 

In punuancc (A the several acts of the Legislature of this State, 
I have the h<mor of transmitting to you, for the use of the Legis- 
lature, a report, shewing the quantity, quality and value of lumber 
inspected and measured by me, as one of the inspectors of lum- 
ber in and for the city and county of New-York, for the year 1S34, 
together with the amount of fees and emoluments derived from 
the same. 

Yours respectfully, 

JWio-ForJ:, January 9tk, 1886. 

Schedule, shewing the quantity, quality and value of lumber in< 
apected by John I. Morris, one of the inspectors of lumber in and 
for the city and county of New- York, from the Ist of January, 
to the 81st of December, 1884, together with his fees for inspect- 
ing the same. 

Q)tantity. Q)tality, Value. 

1,004,&60 feet clear boards and plank, 925perM. 

1,253,677 " box boards, 11 " 

3,358,687 carried forward. 
[Assam. No. 69.] 

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9 [AMnobT 

3,368,587 brought forward. 

84,330 feet piae timber, •14petH. 

31,888 " homlock timber, 10 " 

30,606 '* aah plank, '. 15 " 

18,039 " Georgia pioe 15 " 

79,692 " hemlock boards 10 " 

81,224 " maple jtHst, 18 " 

61,840 ." white wood boards...... 15 ** 

6,390 " cherry boards, 15 " 

0,404 " black walnut, .... 40 *' 


The amount of fees for inspecting the same,. .. 9777. M. 
JOHN I. VLOKBIS, Bupttter. 

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No, 70, 


January 19, 1835. 


Of Peter Conrey , an Inspector of Lumber for the ci- 
ty and county of New- York. 


Rstunu of lumber inipected and measured by Peter Conrey 
from the lit of January, 1834, to the Ist of January, 1836. 

1,000,891 feet Mahogany, Bold from 6 to 60 ct8 |1000 08 

110,011 " Spanish and red cedar, from 5 to 7 cts.. HO 01 

100,038 " pine and spruce timber, for ^12 per M. 35 00 

8,580 " pine boards, 2 13 

16,286 *' cedar boards, from 932 to (25 per M. . . 6 08 

985 " white holly, for 8 cents per foot, 1 00 

752 " chesnut scantling, at 917 per M 30 

1,502 " black walnut, 56 

18,496 " pine boards, measured only, 844 

454 *' maple plank, 0S5 

2,408 " oak plank, 2 cents per foot, 90 

1,154,854 Total, 91,140 75 

PETER CONREY, hupector. 
M'ew'Vork, January ISfA, 1S35. 

[Assembly No. 70.] l 


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or THE 






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No. 71. 


January 24, 1835. 


Of Gilbert Oakley, Inspector of Beef and Pork in and 
for the county of Westchester. 


I, the undenigned, intpector of beef and poi^ for the coilUty d( 
Wettcbeatar, in confonnity to the Statute ia relation to the regu- 
lation of trade in oertain cases, do report: 

That the quantity and quality of boef aud poilt inspected by me 
daring the year ending on the 1st day <^ lanuary, instant, is at 
follows, to wit: Two barrels of mess beef, and fire barrels of 
prime beei^ and sixty-one barrels of mess pork, and fifteen barrels 
of prime porkj and that the fees for inspection, during the year 
emUng on the first day of January, instant, amounts to twelve 
doHan and forty-five cents, and that the probable value of the pro- 
Tiiions inspected hy me during the said year, is nine hundred and 
thirty-foar doHars. 

All which is ia. respectfully -submitted. 

GILBERT OAKLEY, hupeetm-. 
tfkkfPtaau, Jm. 14(&, 1685. 

(Aasem. No. 71.] 

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No. 72. 


January 33, 1835. 


Of I. IngersoU, Inspector of Beef and Pork for tlie 
connty of Madison. 


Id eompKaDCS with the law relative to tBe iaipectioD of beef 
and pork, I herewith tnuieroit mj retnrn of beef and pork ioipect- 
edbyoM in the county of Hadiion, tor the fear ending SlstDeeem. 
bor, 1SS4. 

471 barreb men pork at (IS, WiTM 

I.IHS " prime pork at >, 12,114 

9 " loftpork,. at 7, 68 


Feeeoii the abore, 9468. SO 

] certify the aboTe to be a comet acconnt of the oomber of 
barrel! and tbe amonnt of beef and pork inapected by me in the 
coonty of Madino, for the year ending the Slat of December. 

I. IN6ER80LL, H^itctm: 
CsMNoeio, Jmtuaiy 18, 18S6. 

fAaiem. No. 71.] 1 

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No. 73. 


January 23, 183d. 


Of George Charles, an Inspector of Leather in the 
citj of Albany. 


The amount of leather inspected hy George Charles during the 
year 1884. 

The undersigned lias inspected 16,187 sides, vtiich, at an aTe* 
rage of 30a., amounts to 940,467.50. 

16,187 sides of sole leatlier, at 4 cents, $647 48 

Deduct for labor, 80 08 

Jtbaitgf January lit, 1 

[Asaem Ko. 7a.] 

|M6 66 
GEORGE CHARLES, Jiii]iecliir. 

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No. 74: 


January 22, 1835. 


Of the Bank Commissionera. 

•aHuxih Jm. 33, ISW. 
To tlie Hon. Chahu HimrMftBr, 

SIpeaker 6f Hu ^hnmbfy. 

Wa have the hoaor to seiul herewith, the timtial report n- 
^nitod from us by lev, and are very respectfully. 
Your obedieDt servaota, 


Baitk CNwmffimerf. 

{Aaaem. No. 74.] 

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REPORT, &c. 

7b the Honorable the Legislature oftke SUOe ofMw-York: 

The Bank Commiasionen, puTBoaat to law, reipectfully nibinit 
the following 


Id presenting the annexed full statemeat of the coixtition of the 
seTeral banks subject to our viaitation, we feel gratified in being 
able to say, that it presents a more satisfactory view of their con- 
dition than they have ever before exhibited. And it is probably 
not too much to say, that it exhibits the condition of a large nuni' 
ber of at sound and active monied institutioas,- as can be found 
any where. 

Their number is now WTenty-six, exclusive of two branches. 
The Farmers' and Manufacturers' Bank of Poughkeepsie, which 
was chartered at the last session, has not yet gone into operation. 
The capital of the institutions subject to our visitation, is now 
•20,231,460. That of the other banks of the State, is •5,175,000, 
. making the entire banking capital of the State, exclusive of that 
employed by the branches of the United Sutes Bank, •31,406,460. 

For the purpose of showing the ability of the country banks to 
meet their engagements, one line in the tabular statement annexed, 
will show the amount of their funds on deposite in the cities of 
New- York and Albany, separate from other bank balances due 
them. These funds are moneys actually deposited in the cities, 
payable at sight Some of the more distant banks, however, keep 
no account in the cities, but deposit with some neighboring institu- 
tion situated on the direct line of ccHnmunication, which redeems 
their paper. Such deposits are not included in the line referred 
to, but appear as balances due from other banks. The Cfaautau- 
que County Bank, which redeems at Bufiklo, is an instance of 
that kind. 

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4 [Ambhilt 

The line of Emus and diBCOtrntSr inelodes ereiy debt doe the buk 
npoa paper of any description^ whether discounted notes, domes- 
tic exchanger bond and mortage-, or teioporavy toaos spon stock, 
or other ■eeorities. 

It is difficult, by ny tahuhr stateraent, to exhibit the exact abi- 
Kty of the banks to meet a sudden pressure upon tbem; sod parti- 
cularly to wiA respect to the city banks- Their available means 
eonsist of specie; b^ancei due from other banks; temporary loans 
secored in soch way as to be commanded at any moment; and of 
their discounted debt daily falliDg due, wliidi tAcre can be calenla- 
tedupon wiA almost absolute certainty. 

The statement umexed has been very careiiiHy compiled from the 
returns made to us on the 1st instant, and an exanunation of it, we 
tiiink wit) fully justify the opinion above expressed, of the soood- 
ness and strength of our monied institutions. It exbilHts the fol- 
lowing view of their aggregate Uabiltiies to the public, ^td resour- 
ces to meet them; 


Loans and disconots, •63,868,680 arculatioo, ^XA^^M^ioax 

RealMtate. t,S00,4I7 Dividends, aS0,S5I 

Stocks,.... 651,698 Canal Fund, ... . S^7,S6» 

Specie, 6,661,745 Loans 955,310 

Bank notes of other Deposits I4,S84,3S9 

banks,... t 6,745,S20 Banks, 14,267,343 

Cash items «70,se3 

City banks, 4,044,877 $48,087,98 1 

Other banks» 6,616,847 ■ 


The Bank Fund now amounts to sometbiog more than •400,00(L 
The income derived from it by tbe first of April next, will have 
extingairiied the amount of revenue heretofore anticipated, after 
which date, if no losses occur to diminish tbe fnnd, a oett revenue 
will be accruing to be divided among the buika, and the capital 
wjU be increased by further contributions, until it shall amount to 
about •800,000. There is at present no reason to expect any 
draft upon the fund, but every reason for the belief that it will con- 
tinue to accnmulate until it reaches the limited amount. 

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No. 74.] 6 

The eventa of the put y«ar ag connected with the binking in- 
terest, have been unuinally interesting. Overtaken hy a severe 
pressure in the money market at a time of unusaal prosperity ia 
oil the great branches of national indmtry, we have witnessed the 
lingular anomaly — the existence of a deep and extensive pecunia- 
ry suffering, while aurroanded with an abundance of the produc- 
tions of the country, possessing an unusual supply of the precious 
metals, and standing creditor in accouat with the c<Hnmeroial world. 
Pecuniary distress was nevertheless a reality, which by men of 
business was felt, but could not be accounted for by any rational 
deduction from cause to effect 

The removal of the deposites, bank curtailments, cash duties, 
overtrading and excessive bank issues, were each and all of them 
assigned as causes legitimately operating to produce the effect; and 
the destructioQ of commercial confidence was produced more, it is 
believed, by exaggerated accounts of the extent of these canses, 
and gloomy predictions of their continuance, than by any actual 
operation of the causes themselves. 

A panic may easily be raised sufficient to disturb a system of 
credit as extensive and diversified as ours; And now that it is 
over, when we look back at the grossly exaggerated statements of 
actual distress, the misrepresentation of facts unimpoTtont in them- 
selves, the solemn and confident predictions of impending ruin 
which proceeded not only from high authority, but which literally fil- 
led many of the public papers and reached the eye of every business 
man in the community, we can be at no loss to discover the cause 
to which it was chiefly attributable, nor in assigning to it the cha- 
racter of a political rather than a commercial panic. It was less 
apparent Men, because time had not developed the extent and op- 
eration of all the alleged causes of the pressure. An uncertainty 
pervaded the public mind, and that is ever the prolific source of 
timidity and distrust. 

The banks of this State were the special objects of attack botii 
from abroad and at home. Their credit was assailed in almost 
every possible shape, by repeated insinuations, and sometimes by 
direct charges of insolvency — ^by appeals to the people to save 
themselves by demanding specie for their paper, and by bold pre- 
dictions that the Safety Fund system was crumbling to ruin. 

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The cottntry banlu, which hsd as yet felt none or the preuitre, 
were asBailed on accoant of the imall aioount of ^tecie possened 
by them; and some of them particularly singled ont and held np 
to the public notice as nnworthy of confidence. The city is far 
more interested than any other part of the State in sastaioing the 
credit of solrent country banks, yet it was in some of the city pa- 
pers that most of these foul slanders originated, the tendency of 
which was to cut off the usual remittances from the country, de- 
stroy the means of collecting mercantile paper, and paralyze busi- 
ness in the city by withholding from its customers the means of 
. getting to market 

It is well known to all, who are at all conversant with the ban- 
nesB of this State, that the banks in the interior do not depend up- 
on the specie in their vaults as a means of redeeming their paper. 
The paper naturally finds its way to the cities, but as the bank ia 
the country is under no obligation to redeem it there, it must ne- 
cessarily be sent home to the counter for redemption. When so 
sent home, it ia redeemed by a draft upon funds kept in Ute city for 
that purpose, because such a mode of redemption is most conveni- 
ent for both parties; the expense of transporting specie is saved, 
and the draft is actually worth more than specie by the cost of 

Money is always worth most, at the point to which, by the course 
of trade, it tends. Exchange, therefore, is always in favor of the 
city, and country bank notes in that^market, a triile below par, 
and for that reason it would be unwise for the banks in the cono- 
try when they acquire funds in the city by means of the sales of 
produce, to transport those funds home in specie for the purpose 
of redeeming their paper, when the same funds left tn the city are 
worth more than specie in the country to the holders of that pa- 
per. The uniform course, therefore, has been for the country to 
leave in the city the funds raised by the sales of produce, and 
draw upon those funds for the redemption of its notes as occa- 
sion mav require; and probably of the country bank paper re- 
deemed in this State, not one dollar of five hundred is required to 
be redeemed in specie. 

Our banks not being permitted by law to purchase their own 
paper at a discount, as many of the eastern banks do in the New- 
York market, the country paper collected in the cities has for se- 

.cy Google 

No. 74.] 1 

veral years been purchased and aeot home for redemption by the 
banks in Albany upon their own Recount and risk. 

During the prevalence of the panic in February last, a tempo- 
rary interruption of the arrangement for purchasing (he country 
notes in New- York created considerable sensation there, and gave 
rise to a aeries of fresh publications colculated to effect injurious- 
ly the country institutions. In reality they were perfectly able to 
redeem their paper as usual, and did actually reduce their circula- 
tion by the redemption of about two millions within sixty days. 
It is no part of their business to make arrangements for taking up 
their paper in the cities, but sufficient for them to be able to re- 
deem it when sent home, and the derangement of the means by 
which it had usually been taken up and sent home, furnished 
therefore no just cause of suspicion against them: But yet for a 
few days their paper was so discredited in the market as to be of- 
fered at an unusual discount, and in some instances at a rate de- 
noting great hazard of ultimate redemption. It was but a few 
days, however, before the usual arrangement was again in opera- 
tion, the paper was purchased and sent home as before, although 
the rate of discount continued higher for some time in consequence 
of the scarcity of money. 

Notwithstanding all the destruction of confidence, by whatever 
means, during the existence of this extraordinary panic, the public 
confidence in the banks was at no time generally or extensively 
impaired. It is true that some specie was drawn from the city 
banks in small sums by individuals, but not by that class of persons 
-which would indicate any serious alarm in the public mind. The 
deposits remained throughout the whole of the pressure as large 
or larger than usual. In the country, scarcely the slightest ap- - 
proach was made towards creating alarm for the safety of the 
banks; and we think it may be affirmed, that the confidence of the 
great body of the people in the banking system, in a great mea- 
sure protected the banks against the injurious effects of the excite- 
ment. We do not believe they were in a condition to have been 
compelled to stop payment, as some institutions elsewhere have 
been; but considering the delicate nature of bank credit, and the 
means used and circumstances combining to impair it, it might have 
been expected, that without that additional confidence, which our 
law is calculated to inspire, the consequences would have been far 
more injurious, both to the banks and the community, than they 
actually proved to be. 

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The city wu anentially reliflTod by the ioereued meant of ao> 
CfMniQodatioa afforded by the public depoaitei, which were Kbe- 
rally dispeiued by the depoiita baoki, and nearly all the local inati- 
tatioDB there, kept up their line of dMconnts throng the whole of 
the pressure. The cartailmeDt of aeeommodatioos by the country 
banks, althoogh not large, began to be felt by the weaker class of 
debtors, and was productire of a more rigid icmtiny into the cir- 
' camstancea of others, under which many hare fallen since the mo- 
ney market became easy, not on account of any difficulty in raising 
money, other than a want of sufficient credit. 

An unusual number of such failures have occurred in the coun- 
try during the past season, a great proportion of which were among 
those most extensively engaged in buBiness, although tlie business 
of the season since the restoration of public confidence, has been 
active and preiperoui. That restoration, we have no doubt, was 
much accelerated by the prompt and efficient measure adopted by 
the Legislature for that purpose, although the necessity for carry- 
ing it into execution never occurred. 

The general efiects produced by the panic of last winter have, 
on the whole, probably been rather salutary than otherwise. It is 
true, great Bacrificei have been sustained by individuals, and mndi 
individual suffering has grown oat of it; but yet the storm has pu- 
rified the commerdal atmosphere, and a more healthful state of bu- 
nness has undoubtedly succeeded it The revulsion which his 
overthrown so many extensive establishments both in city and 
country, would in all probability have occurred at a later period, 
and with increased severity. 

The abundance and prosperity which have distinguished the lut 
few years, naturally induced overaction in trade, which has pro- 
bably been too much stimulated by the focilities which the increase 
of bank capital has afforded. Had these causes continued to ope- 
rate unchecked, until the winding up of the United States Bank, 
with the public deposites in its bands, and placed in the condition 
otherwise, that it might easily have been, a revulsion might then 
have been anticipated, of much greater severity and extent, if not 
sufficient to shake the credit of the country. 

Banks have jnstly been esteemed as among the most useful and 
powerful agents, in developing the resources and stimulating the 
industry of the country. They may be conndered one of the pria- 

.coy Google 

No. 74.] 9 

ctpal leven in t'faat complicated machinery of credit, by whicli the 
imnienBe business openttioni of the world arc chiefly moved.- Ac- 
toal capital could not hare spread half the canvass which now whi- 
tens the ocean, or given motion to half the Bpindlea which are now 
in n[ff ration. But credit, as a substitute for caprul, has been found 
to answer the purposes of labor-saving machinery to manufactur- 
ing industry.; and it is to the increased use of credit in its various 
«hapes during the iastlialf century, that the world is mostly in- 
debted for the astonishing rapidity with which manufacturing, com- 
mercial and even agncultural improvements have advanced. It ii 
little more than halfa century since the present stupendous system 
sf mercantile credit begun to be reared in England. It is less than 
half a century since banks of issue to any considerable extent have 
beco broi^ht into tise as parts of this great system of credit, and 
ought we not to attribute to their influence, some portton of the 
•mifeing impulse imparted to business during this period, so dia- 
proportioned to the advancement of any previous half century 1 

In oar owd country, particularly, where capital at the close of 
the revohitiou was exceedingly limited, and is yet comparatively 
so, we must look upon the use of our credit (and we have usad it 
with a freedom beyon^ kH example,) as the prindpal means of ren- 
dering onr industry and enterprize so productive. We are proba' 
bly halfa century in advance of improvements which the actual capt. 
tal and industry of the country would have efl!ected, without the aid 
of an extensive system of credit. Our cities have risen to a degree 
of opulence and activity; the country has attained a degree of 
wealth and improvement; internal improvements have multiplied; 
oar commerce and manufactures have grown, and the settlement 
of the country lias progressed to an extent which might have been 
witnessed by the next generation, but which existing now, is be- 
yond all parallel. The axe of the settler penetrates the forest as 
far in one year now, as ten years since, it did in five, and the pro- 
gress of improvement in every respect defies all calculation. It is 
believed to be impossible to account for the rapid augmentation of 
wealth which is daily witnessed, upon any other hypothesis, than 
that the use which has been made of credit in this country has been 
exceedingly produc.tive. 

The industry and enterprize of oor citiBens, it is true, are un- 
bounded; but withoDt capital, both must always be comparatively 
[Assembly No. 74.] 3 

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Iff [Ai 

tnproductiTe. Bat oombiiied iridi 0DI7 •■ madevate c«f»tal, stcfr^ 
dily increuiug by iti own accamnlstioit, and olao b; profits deriv- 
ed from a much' larger Bramwt of credit actiTc^ enployed, «*•- 
tonitlMng rewilts we produced. 

Individoar credit ia thi» country may be said to be sustained io 
a great measure by the banksi, They fumisb their own capital and 
credit in aid of mdividnal entorprize; they fumi^ the means of 
exchanging all the Truits of todnslry, and what is of far more im- 
portance in this respect, tbey give confidence to indiridoals ii> 
making their contracts. 

Mercantile credit is baaed not only npoa the capita wfaicfa is 
supposed to eosuFC ultimate payment, but upon other circamstan- 
ees whidi aSbrd the proiiHie of pnncluality ;: and probAly men 
importance is generally attached to those circumstances wbtck in- 
spire a confidence ef punctuality in payment, than to those mans 
which may render psymeni ultimately certmn. 

The facilities which banks afibrd are certainly rery ii 
tal, if not indispensable, towards inspiriag- confidence of puetuali- 
•y in the fulfilment of engagemeBts;. and withont that eeofidence, 
BO system' of credit can ever be broi^t iqto extenatre or aotire 
(^ration. Rigid poacteality ef payment rarriy exiats, bnt wiihio 
the inltoeDce of banks. 

It was estimated last spring by a respectable committee of prac- 
tical men in the city of New- York, that the mercantile payments 
daily made in that city amounted' to five millions of dollarv. If so, 
taking sixty days as the average term of credit, (and it is beliered 
to be more) there must be constantly afloat in that city three hun- 
dred miltioDs of mercantile p^)er. Confidence in the psompt pay- 
ment at maturity of this immense amount of paper, has brought it 
into existence, sustaios it in circulation, and tn a great measure 
gives it value. How important, then, is the influence which the 
banks exert in contributing to this confidence! It is not to be in- 
ferred that half these payments are made by means of bank ac- 
commodationa; but their ability to aflbrd such accommodations to 
a giren amount in case of necessity, inspires confidence in mercan- 
tile paper to twice or thrice that amount, in the same noanner si 
the specie in theu" vaults does to the much larger amount of their 
own paper in circulaUon. Besides, banks being ofmveaieBt places 
for making payments, arri naed as offices for the settlement of ac- 

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T^o. TV.] It 

-connts between debtor and creditor, where, by a simple operatios,' 
«0Ter»l debts are eancelted by a afngle pkynent; aqd becomiog 
Abas the «oUecton of the debts of individual!, punctuality it eiK 
forced by the same penaltiei of ditoredh whic^ ate found lO effi- 
<<Mcbus in respect to banii debts, iodeed, ihe Decessity of strict 
-puootualHy i« feh by all, inasmuch as one eredilor depends upon 
hb debtor, he «poa a third, and so on through die series, and aU 
Are dealing through an insiitntioa which depeada for its existence 
tqton the law aS punctuality, 

Notwitbatandiog Iwifks, "by thetr operations, may sometimes en- 
•ctHlrage overtrading, which leads to consequeirt changes of pro- 
party and fluctuations in its value, and notwitbitanding the eom- 
»uniiy have sufibred some small losses fay their mitmansgement, 
whoever duly appreciates the benefits derived from them in this 
State, in sustaining the credit of the govemnent and furnishing 
the means of defending our frontiers during the late war — in the 
prosecution of our extensive works of internal improvement — and, 
^wve aU, in the support which they give to that system of credit 
which 'to a great extent has served aa capital to build up our mag- 
AJficent cities and towns — to despatdi our 300,000 tons of tonnaga 
abroad — to rear our numerous and flourishing manufatories — to 
^ve activity to our immeuse internal trade, and to subdue our fo- 
rests and improve the cultivation oTour fams, can be at no loss to 
«stimate 4heir usefulness and importance. 

It is impossible now to tell to what extent fhe vast resources tX 
this country might have been developed, or to what point we 
tnigfat have attained, in the accumulation of wealth and in the im* 
provemeot of our natural advantages, without the use of banks and 
« currency ef paper; but it is not difficult now to see that banks 
are so iatinoately connected with all fhe operations of trade and in- 
^stry as to be indispensably necessary to their prosecution. &o 
interwoven is this connection in Hbe wtu4e texture of our business 
operatioua, that we have always found business of every kind 
active and prosperous when the banks were so, and depressed 
when they were embarrassed. An enUre specie currency would 
andoubtedly have exposed us to fower fluctuations, as the en- 
tire disuse of individual credit would diminish the cases of 
embarrassment and bankruptcy. But who would proscribe the 
ose of individual credit? The aggregate wealth of the coun- 
try i» but tittle affected by those revulsions in business wlueh 

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n [Ai 

ti« inoidcDt to ft sylten of credit. Propwly is not deaboy> 
ed, ilthougb it chingcS' ewnen. B«t the contributioaa made 
to the wealth of the country by the increased productireoesi 
of labor, when coiabkied with ctfita^ or credit aa its substitute^ 
are iDcalcolable. }f aa account could be stated with the banks 
Qpon this principle, and an estimate made of the benefits deiived 
from them by the community on the one hand, and of the losses 
suffered by then, whether by their rafluence upon trade, or theit 
insolvencies, on the other, we have no doubt the balance would be 
fband to be decidedly and largely in their favor. 

It is troe iha ^atem of credit, as well generally as connected 
with the CHfreocy, may be extended too far, and sacb is the ten- 
dency of it; but yet it would be exceeiUngly unwise to condemn 
the use of a machine whoso power was capable of the most useful 
service, merely because it m^t sometimes require regulation. 

We have long entertained the opinionr and frequently suggested 
it to the Legislature, that the proportion of specie in nur currency 
was too smalJ. Recent discussions, growing out of the question of 
re-chartering the Bank of the United States, seem 1o have render- 
ed that opinion somewhat general ; and, as is perfectly natarai, af- 
ter the termination of a controvery which has produced ao much 
agitationj some are disposed to push the • arguments which have 
been used too far, «id to transfer the odium which became at- 
tached to a particalar institution to all others of a similar kind, 
without carefully discriminating between tbem. Thus some would 
prohibit bank notes of one denomination and some of another, 
while others will urge an entire metallic currency, and denounce 
all banks as odious and injurious monopoHei, ' 

■ Banking, in one sense, is a monopoly, because tbe restraining law 
prohibits individuals from issaing paper for circulation as money. 
But it is not a monopoly in the odious sense usually attached to 
the term. It is not so much of a monopoly now as it .would be 
were the restraining law repealed. For the business wouM then 
be confined to the wealthy and the few; whereas, now it is open 
and free to any one who can invest a very moderate sum in a 
share of slock; and its profits aro shared, to a great extent, by the 
middle classes of society, by females and in&Dts, incapable of en- 
gaging in active employments. 

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No. 74.] 1» 

Our batiks are not monopolies ia the sense that the United States 
Bank is, for the State, reserves, and exercises freely, the rig^t to 
increase the number and capacity of competitors; but the United 
States stipulated to grant no other charter during the existence of 
the present Besides the great power of that institution, as com- 
pared with any of the State banks, gives it the character of a mo* 
nopoly, a power which none of our banks, as among themselves, can 

Banks do indeed possess exclusive privileges, if those may be 
termeil exclusive which are shared by so many rivals, and which 
may be conferred upon a thousand more at the pleasure of the go- 
vernment; bat yet they are privileges not enjoyed by individuals, 
and for the simple reason that it was deemed necessary to with- 
hold themf in order to secure a safe system of banking. It is pre- 
aaoied that no one would advocate the policy of allowing every 
individual to issue as much of his own paper for circulation as 
money as his credit could be made to sustain, without the require- 
ment of some qualification, or the imposition of some sort of re- 
striction. And unless the government should thus abandon all con- 
trol over the subject, any system of private banking would confrr 
upoa the individuals possessing the qualifications, or submitting i.i 
the restrictions required, a privilege as much exclusive as that norir 
enjoyed by the banks.' 

Folly believing, not only in the utility, bat the necessity of 
banks; that no better system of banking (for this country at least] 
can be devised, than that of joint stock companies, property re- 
stricted and regulated by law, and that the safeguards thrown 
nround our banking system are more efficient and salutary than 
any which have been previously or elsewhere adopted, we trust 
they will not be regarded by the Legislature with disfavor. 

We ^ould certainly, on the one hand, neither be blind to such 
improvements in the law as experience may have pointed out, nor 
on the other hand, be so astute In our search for improvements up- 
on a system which has thus far ful6lled the expectation of the pub- 
lic, as to destroy or endanger it by too much innovation. 

In respect to the increase of banks, it most be borne in mind that 
within the last few years, oar bank capital has been augmented 
with groat r^dity. More than tbirt«ea millions have b«en added 

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to it within the lut five yen*, and the number of baoka more thu 
doubled. We do not doubt, however, that more banks will very 
soon become neceassry, and perhaps 8 very few more now wodM 
be nsefa), if properly located; yet, conaidering the impulse gives 
to the business daring the last few years, pmdenee wonid seem to 
inculcate a cantlous procedure at present, in the moltipUcatioa of 

The system of credit may be disturbed as well by the applica- 
tion of too much stimalas in bringing new tanks into operation, ai 
by the opposite treatment, in paralytiAg those already in existence. 
Either extreme deranges the monied conoerna of the conntry, and 
causes injurious fluctuations It more bank capital is deemed ne- 
cessary, we wnuld, as a general rule, recommend the enlargement 
of existing capitals, in preference to the creation of new banks, for 
the reasons which we have before had the honor to submit to the 

The subject of restricting the existing banks being already be- 
fore ^e Legislature, tt may not be improper, and perhaps may 
be expected that we should express an opinion ia relation to it. 

The restraints proposed, we understand to be first, to prohibit 
the issue and circatation of bank notes of the smaller denomina- 
tions; lecand, to limit the amount of circulation to the amount of 
capital; and third, to limit the amount of loans and discounta to 
twice the amount of capita). 

It is impossible that any system of credit should ever be placed 
beyond all possibility of hazard; and we have always supposed that 
the principal, of not only hazards, attending our banking system, 
were those which are inseparable from any system of banking, and 
in a great measure beyond the scope and power of legislation.— 
They arise out of those (^rations of commerce which, at times, 
require large shipments of specie from the country, and some- 
times to an extent which may compel the banks to suspend afeae 
payments. For the purpose of guarding against any snch contia- 
gency, the most obvious course would seem to be, to infuse a grea- 
ter proportion of specie into the circulating medium of the country- 
Then a less extraction of the circulation (which usually takei 
fdftce at such tiBMs) would bring in the requisite amount of specie, 
and the ability of the country to aseat a demand for apaoia at all 
times would be increased. 

.coy Google 

No. 74.] - . ' 15 

In point of convenience small bank cotes readily convertible io< 
to specie, are preferable to coin as a circulating medium; and for 
the purpose of remittance ill small sums they answer a purpose to 
which coin is not applicable: And so far as the public security 
against loss is concerned, we should think there could in this State 
be no sufficient reason for resorting to a specie circulation. 

The security againat ultimate loss which the peculiar provisions 
of our law afibrds, has the effect also in a great measure, of pre- 
vanting those miu upon the banks by the small bill holders which 
are usually amoog the greatest evils of a panic We have seen 
Uie effect of this public confidence remarkably exemplified during 
the late panic. It is believed that if the same efibrts and the 
same combination of circumstances which operated to impair the 
public confidence in our banks last spring, had been brought to 
bear against the monied iastiluttons of any of our neighboring 
States, they would have produced a run upon the banks by the 
bill holders, if not in some instances at least a suspension of spe- 
cie paymeaL 

Indeed such was the case with some of the banks st the south, 
which were perfectly solvent and have since resumed their usual 
operations. Here, however^ it was found that the confidence of 
the people In the security of the banking system was not to be 
shaken, and the banks were but little, if at all, disturbed by those 
demands from small bill holders and depositors which usually ag- 
gravate and increase a panic 

Notwithstanding the convenience of small bills is ah argument 
in their favor, yet it is deemed a consideration of minor im^rt- 
ance when contrasted with the great object of providing a specie 
resource to meet the demands of commerce and prevent the possi- 
bility of a suspension of specie payments by the banks. 

The demaod upon the whole Union for specie to export, is' 
chiefly oonfined in the first instance to the city of New-York, and 
eonaequeatly tliat is the point at which most specie ia wanted. In 
tbi« State very little is wanted elsewhere: And if any meant 
conid be devised of boarding a quantity of coin in that city tuffi> 
cient to answer the exigencies of commerce, and which could be 
commanded at the proper time for that purpose, Ae object would 
be effected: But we know of no means by which such a provi- 
non conld be made, nor any other efieetoal means of increasing 

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11 [Amiehili 

the qukntify of ipecie to be ntained in the coaatry, bat by nw- 
kTng it in greater proportion a oeceswy psrt of the circulating 

The city banks will undoubtedly continue, as they bare done, 
to keep snch an amount aa they may consider necesury for their 
own protection; and their interest is' not to keep more; but as the 
export demand is governed entirely by the wiints of trade, they 
are unable in all cases to estimate correctly the extent of it, and 
are therefore liable to misjudge as to their own secnrity. The 
difficulty is, that the extent and efiect of commercial operaiioju 
cannot possibly be foreseen with certainty ; and the danger is, that 
in the present state of the currency, a demand for specie may oc- 
cur beyond the ability of the banks, and they be unable to call it 
in from the community in consequence of the small amoant in cir- 
eulation. If a sufficiency can be held in circalation by the com- 
munity, it can always be commanded either by the banks or by the 
individuals requiring it For these reasons ws should think it 
very desirable to have the circulation of small bank' notes sup- 
pressed and their place supplied by a specie medium: But the 
means of effecting this object deserves serious coosideiation. 

The amount of bank notes in circulation under five dollars ap- 
pears to be about four millions of dollars, and its magnitude, we 
should think, would be sufficient to shew the entire impnicticabili* 
ty of extending the prohibition beyond notes of those deoomioa- 
tioDS. If not, the very large amount of five dollar notes in circth 
lation would seem to be conclusive. Of the four millions of ap- 
parent circulation, it may be estimated that about one million is in 
Uie hands of other banks, and in the coarse of transmission home 
for redemptioo-— a use not applicable to specie, and therefore for 
that amount specie would not bo required. Probably the place of 
another million would be supplied by issues of five dollar notes, 
more of the small notes being now issued than are absolutely neces- 
sary for change, in consequence of the prevailing opinion that they 
enjoy a better circulation. The suppression of the small notes 
would then produce a vacuum in the circulation of about two mil- 
lions, to be supplied by coin. 

The amotmt is not such, in the present abundance of specie in 
the country, as to present any serious obstacle to the measure, 
but the chief difficulty, it is apprehended, will be found io the 

.coy Google 

J»o. 74-1 1* 

<Aiaracter of the specie currency as established by the lst« Itfw of 
the United States. That law, although regarded u imnensely 
important to the country, and indispensably necessary, io order to 
ftimiah a carrency of gold, is yet probably defective in establish- 
ing the legal value of that coin too high in proportion to the legal 
value of silver. If 8U<A is the fact it will be very difficult to keep 
silver in circulation for the same reason that formerly excluded 
gold. For the law oF circulation is uoWersal, that of two mediums 
of equal i^al value, that of the least real value will constitute the 
urculating medium. It is impossible that a portion of tbe curren> 
cy which is worth a premium in market can ever be forced into 
circulation to any great extent, and circulate freely with that por> 
tioa which is merely st par. The over valuation of gold ii indi- 
cated by the premium which dollars now command, and which it 
is feared half dollars would command belore gold would be taken 
for exportation. At present the only gold coin upon which we 
can rely to supply the place of small bills is the quarter eagle, and 
of these the amouul, ai yet, is very limited. An increase of coin- 
age of this description, and also the coinage of gold dollars are es- 
teemed exceedingly important, if not necessary to Ihe succetsfiil 
execution of the measure of withdrawing small bills. Looking at 
the necessity of being enabled lo supply the place of Uie small 
bank notes with specie, and anticipating the dlfficuties that may 
possibly arise, it most be qnite apparent that whatever is done 
npoa the subject should be done very gradually, with • view of 
making the change as easy as possible; and for the porpose of 
drawing silver from the banks, in order to fill the vacuum, we 
should think it advisable to prohibit the issues by the banks of each 
denomination of notes at a period considerably anterior to that fix- 
«d for the suppression of their circulation among the ctmimunity. 
This would oblige the banks to be paying out silver in small snmi 
instead of small bills, while the tails at the same time would be 
gradually returning in the ordinary course of business. The spe- 
cie is not to be drawn from the banks in the redemption of the 
•mall notes Ihemselves, for they will be mostly returned in the or> 
dinary modes by way of paypients at the counter, and for redemp* 
tiott from the cities. But as the small bills are withdrawn the 
pnUic will call upon the banks for the specie necessary to make 
change, aad it will be drawn upon such notes as may happen to 
be at hand, whether of the larger or smaller denominations. The 
small IhUs will undoubtedly be issued, and circulate freely as long 
[Assem. No. 74.] 8 

DigmzecDy Google 

18 [Ai 

SB perrnitted by hvt, nad the bwiks will not commence paying out 
apecie in their stead ntiF compelled to do w in making ehaage; 
wd, therefore, if Ibo iisun by thv brafci bd<I the drculfttioo in div 
community were both to be stopped at the same period, a sudden 
eleficieney in the mean* of making small paymeota would be oc- 
casioned, which woeM be very emb ar na wn g. 

It is not perceived that a gradual withdrawal of the smaTT notes 
would necessarily cause any contraction of the carrency, nor is it 
believed thnt the bankawoufd, in any degrbe, save themaclves from 
this demand for specie', by attempting to contract their circulatioD> 
Neither is. it supposed that this demand upon aaj particular bank 
will be at all proportioned to the amount of small bills which such 
bank m^ hare in circulation. The demand will be to supply the 
change necessary to transact the business of the comnronity in 
their respective neighborhoods > and its extent win depend opon 
tiie wants of that community, without reference to the amount of 
small bills which the particular bank may have circulated abroad. 
No greater iBoanvenience would probably result from prohibiting 
the isauen of one dollar notes, to take eSect immediately, than at 
. any subsequent period. The issues of two's we shonht suppose 
might be stopped in six months, and of three's in twelve months; 
and the drcuhlum of the one's prohibited after six months, of 
two's after twelve months, and of three's after eighteen months. 

Anotfier all important measare, without whkh the experiment 
must fail entirely, is (he soppressioa of the circulation of the small 
bank notes of other Stales. Unless this can be done efieclually, it 
will not only be found impossible to brii^ the ^cie intp circnia- 
lien, but we shall have a currency of small notes less known to 
the public, and, as we think, less secare than Uist which we are 
attempting to Suppress. The present law, prohibiting their circu- 
lation, is now but little regarded in the city of New-York or on the 
northern frontier. The small bank notes of the neighboring States 
and of Canada, are found circulating there qnite as freely as those 
of our own banks. Probably one defect in the law consists in im- 
posing the penalty upon both the persons pasnng and receiving the 
note, thereby making it the interest of both to conceal the fact, 
and another may be in the small amount of the penalty. A larger 
penalty ituched to the offence, and that cast upon the leceiver 
only, wo should think would render the law more efficacious, bot 
whether soffici^nUy to to eOect the object may still be questiona. 

.coy Google 

No. 74.] rt 

tile. Tfaa effectual mode would be by the co-operatioB of the 
oeigbbM'iDg State* in prohibiting tho iisuee by their banks, and it 
ougtM to be, and perhapi may be expeoted, that the example of 
thii St«te wosld have a tendency to prodaoe Mck (»-«peratioD. 

On the whe^e, althoagh it cannot be doubted that there may be 
some difficulties attending the successrul execution of the plan, we 
are in favor of making the experiment, particularty aa aome cii^ 
cuiBstances are now deddedly favorable. One is, the very large 
amount of specie which the conotry now fortanately possesses, aod 
another is ^e faromble inpretsion with r^ard to it io dte public 
mind. FoUic opinion will probaUy do mach towards the suppres- 
sion of small foreign bank notes when our own shall have beea 
suppressed ; and for the purpose of securing its aid more efiectoal- 
ly, as well as the co-operation of the adjoioioff States, the policy 
<rf extending the prohibition of forciga notes bayond that of our 
own may be soiaewhat questionable. 

The subject of withdrawing the small notes, as well as the pro- 
positions to limit the circulation of e»eh bank to its amount of ca- 
pital, and its loans and discounts to twice that amount, are impoi^ 
taut oIm, as having a direct bearing upon the profits of the banks^ 
and, thua incidentally afiecting the appIScalions for more, which 
have heretofore been so numerous. 

Nothing can be more certain than that we mast have good banks 
for the stockholders, or we cannot have safe and useful banks for 
the puUic. Banking is carried on for the profits it yields, and it 
wotdd be preposterous to expect that capable and responsible mea 
will continue fo own stock in and devote themselves to the ma- 
nagement of unprofitable institutions. Wlienever the business fur- 
nishes no sufiicient Inducement for such men to engage in it, the 
banks must be wound up, or what is far more probable, wiU foil in> 
to the hands of irresponsible and diihonost men, determined to pro- 
fit themselves at the expense of the institution and the publico 
The preservation of the banking system, and indeed the existence 
of sound banks under any system, essentially depends upon having 
the business such as to yield equal profits with other investments 
of capital, making suitable allowance for any difference of hazard. 
The bare interest which capital will command upon unqoestionabla 
security, such as bonds and mortgages or public stocks, is not sup- 
posed to be a sufficient »}mpensation for the use and hazard of ca- 
pital employed in banking. The business cannot be conducted to 

DigmzecDy Google 

W [Annncr 

As paUie adrtatag* without ineumBg more or ten kuard be- 
7<Kid tbo ordinmry riskt attached to mortgage MCoritiea or pnMic 
ftocki. The flactoatiooi of boHiien will prodace Iomm against 
which BO degree of caution can powiUy guard, and KXBe instanoea 
have receotly oocorred which will profaiAIy reiok in lonei of from 
fifteen to twenty per cent of capitcf. 

Believii^ that the profit* of banking have generally been over^ 
rated by lookwg at aoine ioatancca of large diridenda, without ea- 
timating the whole in ctHnpaiiuD with capttal^ we have eom{Hled 
the following italement of the divideodt of the aeveial clasaea of 
ioatitutioni for the last four years, by which the average profits re- 
alised by the stockholders in these institutions will be readily seen. 

Tha average drridends of all the banks for the last three years 
has been TjVr pv m"*- 

Amount of Ral 

9 country banks, capitals of 

•100,000, and under, . . . 
9 do capitals over $100,000, and 

and not over $300,000, . 

10 do capitals over $300,000,. .. 

If country banks, lit class, as 

11 do 3delass 

11 do Sdclan, 

1 S New- York city banks, 



10 oonotry banks, Itl claaa, . . . . 
14 do Sd class, 

11 do Sd elan 

Id New-York city banks, 

30 country banks, 1st class, . . 
SI do 3d class, . . 

IS do Sd class,.. 

IS New-York city banks, . . . 









•30,875,600 •1,608,403 



Total •33,780,800 

•80,600 9.14 



695, 165 









49!^ 8.97 


.coy Google 

No. 74,] SI 

Tbe dividendi takeD for a tarieB of yew are suppoied to afibrd 
a fair teit of the actual profit! realized. la ihe foregoing table, all 
the extra, ai well a< ordinary diTidenda are included, the fwmer in 
some instances being very large, and the accumulation of several 
years; and we believe, from our knowledge of the condition of the 
banks, that the dividends of these four years are about equal to tbe 
profits aetoally made, and as much or more than they would pro- 
bably be able to divide in future, if left unrestrained by any new 
provision of law. During this period, bniioess has been uouBually 
active; the increase of banks has given an impetus to banking bu- 
siness, which, in tbe country especially, has brought in a lai^ 
amount of untried paper, upon which losses must occur that are 
not now discerneble. 

The contributions to the Bank Fund, so long as that fund re- 
mains unimpaired, are not charged as a tax upon the profits of the 
institution. Had these payments been considered as losses, the 
annoal dividends must have been a half per cent less; and should 
the fund hereafter be made liable for lasses, the amount of such 
losses will lall upon the di&rent banks in proportion to tbe amount 
of their contributions, and of course affect their dividends. 

It is the country banks whose profiu will be most affected by tbe 
snppresiion of small notes, and those of the least capital most seri- 
ously. Their profits are now the largest, and the measure would - 
therefore tend to equalize the profits of baoking in tbe State. Up- 
on the supposition that two millions of bank paper would be dis- 
placed by specie, the diminution of profits would be equivalent to 
the interest of (hat amount, ortl40,000. This sum divided smong 
the country banks, whose capitals ambnnt to about twelve millions, 
would be something over one per cent, and its effect upon the 
small banks would probably be equival^t to a diminution of near 
two per Mnt of tiieir profits. 

The limitation of issues to the amount of capital, would still fur- 
ther affect the profits of the small institutions, and those only. — 
Their circulation at this time is unusually low, that of the •100,000 
capitals averaging only about •138,000. It has formerly been, 
at this season of the year, coasiderably more. In 1831, it was 
•148,000; in 1832, •160.000; in 188«, •160,000; and in 1684, 
•154,000. On the 1st of July last, it was only 113,000. 

.coy Google- 

Looking at their prewnt condition, it wonM •eem that after the 
withdrawal of ima)! bills, their circulation woald of itself aink to 
about the amount of capital; and taking the avarage of rbe year, 
. it probably mi^t; bat the eflbct oi limiting the maximum at tliat, 
would be t0 sink the ararage considerably lower. The power of 
expansion, to some cooiidenble extent, as Uie wants of busineai 
may require, ia one of the most raloabla to the community, which 
the banks possess. Their legitimate use is to furnish money- for 
short business operations, which M«y nan do at a pro6t, by ex- 
panding their circulation, while indiridusU cannot aSbrd to keep 
money on hand for such ocasional and temporary purposes. 

Limiting the circulation of a bank, therefore, to an amoont 
which it can at all times sustain, has a tendency to drive from it 
some of its most legitimate buiineu, and to impair its naefulDeas 
to the public. The tendency of It also, instead of discouraging 
the application for more banks, woold be to furnish an additional 
argument for their increase. If the measure should be adopted, 
it would be advisable, in our opinion, to permit all the banks o{ a 
less capital than (200,000, to increase their capitals to that amoont, 
and even then 4re should doubt the ezpedieacy of fixing the limi- 
tation at less than once and a half the amount of cafHUl, as was 
done in the charters granted at the last session of the Legisla- 

The efiect of limiting the loans and discounts to twice the 
amount of capital, would probably be to causa something of a 
contraction and pressure. Last year in the aggregate they ex- 
ceeded that limit a trifle, and this year they stand very near that 

The contraction would be produced by the euttailment of those 
banks whose debts should be above the limited amount, and the 
pressure would be but little diminished by those accommodstioDS 
which it would be convenient to obtain at o^er banks, except in 
the cities, and even there some agitation would probably be caused 
before the equalization could be eflected. 

So far as the interest of stockholders would be e/Tected, the eA 
feet would not be very important, and to them we should think it 
would bo, rather a matter of indifference, for in most of the cases 
•where the debt now exceeds twice the amount of capital, it it by 
the use of funds upon which they ate paying interest. Certaioly 
they would have no reason to complain of the limitation if the 

.coy Google 

No. 74.] as 

bank upon its own reiourcei ibo'uld be Me to luataiD a deftt of 
twice the amouot of its capital. 

The banks now have upwards of •3,800,000 belonging to the 
Canal Fund, upon which they-are paying interest. They can only 
afford to pay this interest by being enabled to reloan the money, and 
those which conid keep up their debt to the limit without the aid 
of such funds, would of course return them. The State has an 
interest in the productive as well as safe investment of this fund, 
and possibly, should the limitation be adopted, it may be deemed 
advisable to make an exception in favor of those banks having 
loans from that fund, to the amount of such loans. A similar ex- 
ception may also be regarded as proper in respect to the public 
depositea in the deposite banks. 

It is with regret wc have to state that the practice referred to 
by the Governor in his annual message, of discounting paper pay- 
able in the cities, and charging the premium of exchange upon its 
renewal, has prevailed to a considerable extent among some of 
the banks in the western part of the State. It is denied by the 
officers of the banks alluded to, that such operations have been 
made in pursuance of any previous understanding to that effect, 
with the borrowers: But whether done in pursuance of such an 
express understanding, or socooimonly, as to be generally under- 
stood as a rule of the institution, and a course of business courted 
and favored by it, wc esteem the practice equally reprehensible, 
and have ao treated it. 

Paper payable in the cities being preferable to that made paya- 
ble at home, it is perfectly fair for the banks in the country to give 
it the preference in their discounts, when actually bated upon bu- 
siness operations, but to compel or encourage the making of such 
paper, for the mere purpose of being able to exact a premium 
when there are no funds provided, or expected to be provided in 
the city for its payment, can be nothing less than an evasion of 
the law, and in many cases, grossly oppressive upon the borrow- 
ers. In that section of the State money has generally been worth 
more than the legal rate of interest, and when that is the case, 
borrowers as well as lenders will often resort to devices to evade 
the provisions of law: And the instances are not unfrequent, tm 
we have been informed by the officers of banks where, knowing 
the preference given to city paper, accommodation paper of that 

.coy Google 

34 (AssltHBLr 

detcriptioD hu been discounted, and drafti purchased to take it 
up, while to the bank the whole transactiw appeared to be one of 
a itrictly bmiDen character. The sale of drafts at a fur prenu- 
um ia not of itself obaecUooable, but the banka owe it to the com- 
mmuDitjr to furnish those faeitities for the transmission of funds, 
at as low a rate as possible. It is not a business which should be 
undertaken as a matter of profit, much less shoold it be connected 
with the business of discounting paper, and made the means of ex- 
acting exorbitant interest. It is true that the practice is not one 
which involves a forfeiture of charter by legal proceeding, or would 
be the proper snbject of judicial investigation at our instance; but 
the Legislature have ample power of correcting any such abuse* 
by repealing the charter of the offending institution, and re- 
suming the franchise granted for quite difierent purposes. The 
efficacy of that remedy as a preventive of further miscondnct, 
cannot be doubted; and should the practice be persisted in, we 
should not regret to see it applied. No new legislation, in our 
opinion, is necessary to prevent the evil in future, and ne bare 
reason to believe that the practice is now stopped, and we coDfi* 
dendly trust that it will not be resumed. If it should, however, 
we shall deem it our duty to apprize the Legislature. 

Of the bank capital paid in during the last year, we have found 
that more than usual has been borrowed by the holders of stock, 
and in some instances, afterwards secured by pledges of the stock 
itself. Although there can be no objection to the loan of mode- 
rate amounts in anticipation of lunds not immediately available, by 
persons who are able and intending to hold the stock, there is al- 
ways danger when the persons having the control of a bank, are 
indebted for the stock which gives them that control, because ia 
cases of pressure upon them, they naturally resort to the instito- 
tion itself for accommodation loans, and the operation then be- 
comes equivalent to a withdrawal of so much capital by the sab- 
stitotion of notes. Wo have always been jealous and watchfal 
upon this subject, and do not believe, that as yet, the practice bti 
become a serious evil; but in order to do away entirely the rail- 
ing of money upon the stock itself, we would respectfully suggeit 
the propriety, should any new banks be chartered, of prohibiting 
the hypothecation of their stocks for a certain time; perhaps antil 
the bank shall have been in operation one year would be sufficient 
And we incline to the opinion, that if ^very bank were prohibited 

.coy Google 

"No. 74.3 S» 

-from rec«mng a pledge of the stock of every tftber 'bank in the 
State, ai they are now of their own, the proviflioo would be pro- 
-<luctive of more beoeficial than injuTlous efiecta. 

The public safety and iotereet are belt promoted by having stocks 
-of erery kind held by persons able to hold tbem as inveBtmeots. 
The capital is more secure, and slock less fluctuating. But the 
facility of bypotbecating them, 'feeds the appetite-for stock-jobbing, 
and ofteo enables persons to accumulate large amounts-ofthisluDd 
-of property, who would otherwise be unable to hold it, and who, 
ly means of it, may possess a coatrcA over the insthuticm, which 
they could not crtherwise acquire. 

The provisions of the Revised Statutes, prohibiting voting upo> 
stocks hypothecated, hare done much to destroy the inducement 
4o this species of eteok-bolding, but those provisions in «ene cases 
oaay be evaded. 

fieqwdtftdly sdbmittea, 


Sank CommUnoneri. 

{Assam. No. T4.] 

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Banks not subject to the Bank Funcl Law. 


ManhstUn Company,.... •3,(WO,000 

Fullon bank, 600,000 

North Rirer Bank, , 500,000 

Delaware and Hudsoo Canal Company 500,000 

Chemical Manufacturing Company, 400,000 

Dry Dock Company, 260.0DO 

Long-Iiland Bank, 300,000 

Dutchess County Bank 150,000 

Commercial Bonk 300,000 

Bank of Rochester 250,000 

Amount of capital brought down, S6,2S1.480 

Total capital State banks, '. $31,461,4S0 

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No. 75. 


January 24, 1835. 


Of the select committee on ihe petition of Holbrook 
Anderson for reUef. 

Mr. Houghf from the select committee to which was referred, 
the petition of Holbrook Aodenon, praying that John Johnion, aii 
Indian of the Brothertown tribe of Indiana, may be authorized 
hy law to convey to him a ceitain lot of land therein mentioned, 


That the petitioner, Holbnx^ Andenon, aeta forth in hia peti- 
tion^ that he wai the owner and in posseBsioa of sixty-five acres 
of land, being part of lot No. 73, in the first allotment of New-Fe- 
tenbnrgh, in the town of Smithfield, Madison county, under aeon- 
tract from Peter Smith for the purchase of the same, and for which 
there waa a portion of the purchase money still due said Smith: 
That on the 15th day ofFeK 16S3, he assigned said contract to one 
John Johnson for the consideration of tliSOO, to be paid by said 
Johnson for the same: That on or about the 28th day of April, 
1833, sud Johnson paid the sum of •393.19 to said Smith, that 
being the balance of the purchase money then due said Smith up- 
on sud contract, and also paid the petitioner ^107. 81; making in 
all paid by said Johnson, the sum of tSOO. That by mutual agree* 
ment between all the parties, the said Peter Smith, by Gerrit 
Smith as his attorney, at the same time conveyed the premises by 
deed to said Johnson ; and that said Johnson, at the aame time, for 
securing the payment of the remaining |600 of the purchase 
price for said premises, executed a bond to the petitioner, and a 

[Asaem. No. 7ft.} 1 

DigmzecDy Google 

S [AMnntT 

mortgage upon md preratwt. That aaid JohuoB hai not paid 
any portion of nid $M0, and jefnaea to pay the mne, bat is vil- 
Gi^ to convey dw premiae* to the petitioaer on beii^ repaid that 
portion of the porchaaa SMney paid by him; and that laid Johnson 
ii an Indian, betongii^ to the Bnthertown tribe of Indiani. And 
die said petition concloda by praying for the pawage of an 
act, authmridng and empowering the laid John Johnaon to oonrey 
the premisea by deed to the petitioner. 

All the facts aet forth in the petition are verified by die affida- 
Tit of the petitioner^ and the payment of tbe balance (rf the por- 
chaae money then due to said Smith, and the conveyance of tht 
premises to said Johnson, is a^so verified l^ the certificate of said 
Gerrit Smith. And from information given to yovr commiltee, 
they are satisfied, that at the time of die conveyance of said pre- 
mises to said Johnson, aod of the execntion of said bead and mort- 
gage, the petitioner was not aware that said Johnson was an Indian, 
or that said bond and mortgage were void and anavainng. Ywr 
commit too are, therefore, of opinion, that the prayer of tbe petition- 
er is reasonable and ought to be granted, and they have prepared a 
bill accordingly, and diiected their cbairmaa to ask leave to iutio- 

Digitizecy Google 


Wo. 76. 


January 24, 1835. 


Of John P.- Haff and Benjamin Coop&r, two of the In- 
spectora of 3L«Bther in the city of New-York. 


In coinpliuioe with the Revised Statutes, puwd December the 
third, 1837, chspter I7tb, title the second, artirJe the ISth, seclios 
185th, we, the UDdenigned, two of the impecton of sole leather 
for the city and county of New^York, uk leave to report the 
number of sides of sole leather by us inspected, from the first 
day of Jannary, 1834, to the Slst day of December, 1884, and as 
nearly as may be, the value of the same, together with the fees 
or emoluments arising from said office. 

104,888 sides inspected, of which were stamped 
good and best, 155,491, averaging in weight IS 
pounds the side, 2,832,385; average price, 16 cts. 

the pound, makipg •978,178 40 

The number stamped bad and damaged, 88,697, ave- 
ra^ng in weight 16 pounds the side, 588,465 
pounds, averaging in price 13 cents, making 70,014 60 

Total valuaof good, best, damaged and bad, 9448,798 00 

[Assem. No. 76.] 1 

Digitizecy Google 

r [Ai 

Tfee unoont of f&ei for faiiq>ectliig lM,a88 ridM tt S 

cenU the tide, will be •8,887 79 

From UuB amooot «« hkTe piid fmr Um Um of labor, SOS 51 

LeaTing a balance of ftSjSM 2& 

Thii balance divided between na two, will leave the 
amoanl of feoa for ewih, #1>W3 131 

Tlw abova ii re^ieetfiilly mbmitted. 
JVew-Forft, JoNiMry IT, lUft. 



, No. 77. 


January 24, 1835. 


Of the select ctmunittee on the bill relating to the 
court of c<»nmon pleas in the city and countj of 

Mr. Wetmore, from tha select committae, to whom wu refer- 
red the bill uithoriziiig the clerk of the city «nd county of New- 
York to procure a book of record, and to traiucribe jadgmentf 


That a repreae&tatioti has been made to them by the mayor, 
fint judge, recorder and clerk of the dty and county of New- 
York, stating that " the docket book of jodgments for the conrt of 
comnon pleas for the city and county of New-York, comprising 
the years 1830 to 1836, inclusive, requires to be transcribed, as its 
dil^ndated state, from constant use, will soon render it entirely 

The OMnmittee are satitBed that necessity exists for legislative 
action on this subject, and therefore respectfully recommend the 
passage of the bill. 

[Assam. No. 77.] 

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yo. 78. 


January 34, 1835. 


Of Eldridge Havens, Inspector of Beef and Pork for 
the county of Wayne. 


DoriDgths yeusndingonthe first dajr of Janmry, 168S, I bare 

fl68 baneb or pTisae pork, worth 98 per tmrrel,..-" •5,604 00 

BIT " mess pork, worth 19 " 7,404 00 

M " shooMers, 7 " 183 00 

II " ehope, • " MOO 

AmooDt, 912, 056 00 

SI baneb of prime beef, worth |T per barrel, 9147 00 

10 '■ messbeef, 10 " IM 00 

•337 00 

Amount of my fees daring said time, is.... 9846.50. 

Pabm/rOf Januay SO, 1686. 

[Assam. No. 78.] > 

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No. 79. 


January 24, 1835. 


Of Isaac Sherwood, an Inspector of Sole Leather for 
the city and county of New- York. 


Isaac Sberwood, one of the ioBpectors of sols leather for tho 
city and county of New-York, does very respectfully report, as 
required by the Xiegislature, that he has inspected, during the year 
1834, 160,313 sides of sole leather, of the average weight, valuQ 
and quality as follows: 

188,206 sides of good aod best stamp, averagiog 16 
pounds, value 16 ceots, the number of 

pounds, 3,088,090, amount to 9334,004 40 

21,107 sides of damaged and bad stamp, averaging 
14 pounds, value 12 cents, the number of 
pounds, 295,498, amount to 35,459 76 

160,313 sides. Value, ^9,554 16 

The whole amount of weight, 3,383,588 pounds. 

Amount of fees for inspecting 160,313 sides at 2 cents, 93,206 36 
Amount of cash paid for labor, 627 54 

Being deducted, leaves the amount of •3,378 73 

All which is respectfally submitted. 

JiTeuhYori, 1st mo. SOlA, 1835. 
[Assem. No. 70.] 1 

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No. 80. 


January 26, 1835. 


Of tlie dHmmttee oa frays and meauB, tm the bill to 
incorporate the Young Men*8 Association. 

Mr. Cash, from the committee oa wayi and meaai, to whom 
WRfl referred the bill flotitled " An aci to iDcorporale the Young 
Men'f Auociation for Mutual lesfoxivemeDt, ia the dty of Alha- 


That the otrject of the bill, ii the incorporation of an anoda- 
of young men, in the city of Albany, for mntna] improvement, 
with the privilege of holding, by purchase, devise, or otherwise, 
real and personal property to the amount of fifty thousand dollan. 

This bill was introduced into the Senate, at the last session of 
the Legislature, by the committee on literature, on the memorial 
of the Young Hen's Association of the city of Albany, which sub- 
sequently passed that body unanimously. (See Senate Journal, 
1884, page S48.} 

Its failure io the House at that time, in the opinion of one of 
the members of your committee, who has a very distinct recollec- 
tion of the circumstance, was owing to a thin bouse — nearly all 
the members present voting in favor thereof (See Assembly 
Journal, 18S4, page 984.) 

Yoar. committee have carefolly examined the object, tendency, 
bearing and provisions of this bill, and can discover no possible 
[Assem. No. 80.] I 

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nMMi wiy the nme maj not beeoma a law. Tbay, therefore, 
awniimoiuly recommend iti paauge, with u additional sectioii, 
which they hare annexed, empowering the Legiitatare al any 
time 10 alter, modify or repeal th; eame. 

AH iriiidi ii reqfieetfnlly lobnutted. 

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No. 81. 


January 34, 1835. 


Of Daniel Dieterich, an Inspector of Sole Leather 
in the city and county of New- York. 


Daniel IKetericb, <me of the lospecton of sole leather for the 
city and county of New- York, herewith presents hia annual ac- 
count of inspection; the number of sides of sole leather inspected 
during the year 1884, their average quality, weight and value, viz: 

33,849 sides of good and best stamp, averaging IB 
pounds, the number of pounds, 492,735, 

valued at IS cents, $78,887 SO 

3,840 sides of damaged and bad stamp, averaging 14 
pounds, the number of potmds, 80,760, va- 
lued at IS cents 4,771 30 

35,089 ndes. Value, $83,008 80 

The whole amount of weight ,. 683,406 pounds. 

Amount of fees for inspecting 86,689 aides at 2 cents, . . . 0t\S 78 
Paid labor hire, 178 44 

Being deducted, leaves the amount of i.. •685 84. 

All which is respectfully submitted. 

DANL. DIETERICH, Inspector. 
A^te-Forft, January 90th, 1836. 
[AHem. No. 81.] 1 

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Wo. 82. 

January 24, 1835. 


Of George W. Ounn, an Inspector of Beef and Pork 
for the county of Cayuga. 


The nndenignml would respectfully report, that he hu, for the 
you esdiog the fint of January, instant, inspected one handled 
and ninety .one barrels of beef, viz: 

13S barrels mess beef, value per barrel, #7 00 

OS " prime beef, '* 4 SO 

Also inspected eighteen barrels of pork, via: 

10 barrels mess pork, value per barrel, 913 00 

8 " primepork, " .< 00 

Fees, MO. 00. 

GEO. W. GUNN, huftoar. 
KtKgM Arry, Osyi^ CO. Jantuay aOM, 18S0. 

[Assam. No. ta.} 

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D, Google 

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No. 92. 


January 39, 1835. 


Of the select committee on ike petition of inhabitants 
of the county of Je^erson, reladve to the inspection 
of fish in said county. 

Mr. Farwell, from iba select committee, to whom was referred 
the petitioo of tuodry inhabitant! of the coanty of Jefierson, pray- 
ing for a repeal of the law relative to the inspection of fish in said 


That the petitioners set forth in their memorial, that nine^tentlH 
of the fish caught in said county are herring': That the average 
price at which the same are sold, is two dollars per barrel: That 
they are generally, and almost entirely, put up in the month of 
November, for winter use only, in that county and the counties 
'ConUguouB thereto: That these fish are very tender, and the 
mode (adopted and sanctioned by the present inspector,) in which 
they are put up, renders it impossibte to repack and overhaul 
them for inspecUon without materially injuring them: That the 
inspectors, knowing the use for which they are intended, have per- 
mitted the owners and occupants of fishing grounds to pack the 
fish OS caught from time to time, leaving the barrel open. These 
fish require immediate packing when caught; and the extent of 
territory over which the fishing grounds are stretched, and the un- 
certainty of success rendering the presence of the inspectors im> 
practicable at the owners grounds, necessarily demand that the fish 
shoald be packed, in most cases, in the absence of the inspector. 

[Assam. No. 93.] 1 

DigmzecDy Google 

He therefore visits the difiereat p)ac«fl of fishing u oftea u he- 
Jeems neeessRry, and makes such examinatioa as circnmstaDcev 
will admit. This, of course, c&n bo but of a partial and limited 
aature, the situation and character of the fi«h being auch, that nn 
overhaaliog and re-packing, which alone vould ensure an ample' 
inspection, would materially injure them. After such examination, 
he puts his mark en the barrel, which iS' deemed a permit to bead 
them up, and at some future time the brand is added. 

The petitioners also allege, that the mode of inapection above 
mentioned, which is the only one practicable under these circum- 
stances, is of DO benefit either to the vender or consumer, in as 
much as it afibrds no guarantee against imposition, wbiTe it sub- 
jects the owners to a burdensome tax,- wholly disproportionate to 
the value of the article. They also assert, that this mode of in- 
spection is so geaeraUy known, that the inspector's brand is not 
cooaidered as an evidenee of the- good quality of the fish. 

They consider such inspection entirely useless, and diat it is ne- 
cessary, at all times, for the vender of Uie fish to guarantee the 
quality of the same, which, in their opinion, supersedes the ne- 
cessity of inspection. They express great confidence, that indivi- 
dual competition will be more likely to correct any abuses than a 
mere compliance with the letter of the present statute, or any oth- 
er requiring inspection (and which is all that the circumstances 
above detailed will permit,) without fulfilling its spirit; they there- 
fore ask for a repcarof the laws in relation to the inspection of 
fisbj so fiir as regards the county of Jefferson. 

Your committee have attentively examined the fticta stated in 
the said petition. Their general knowledge of the (acts referred 
to, and their acquaintance with many of the petitioners, among 
whom they find the name of one of the inspectors, satisfy them that 
the inspection of fish as now practised in said county, is the only one 
practicable under the circumstances: That such inspection is of 
no use, being no guarantee of the quaFity of the article, and that 
the present law imposes a heavy burden on ihe citizens of that 
county, without producing any benefit 

Your committee are, therefore, of opinion, that the prayer of 
the petitioners ought to be granted, and have directed their chair- 
man to introduce a hill accordingly. 

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JVo. 9S. 


January 30, 1835. 


Fnm the Chancellor hi smwer ta a reaolation of the 

7!> au ^fhr •/ Its Jaiembfy:: 

I bava Um hoaor to endota a raport io auwer to <1m raaa* 
latioa af tlw Houm of tba 14th initaat 
Youn TeipectiaUy* 

-lOaay, JaaaaijfOI, leu. 

{Aaiam. Na 8».j 

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REPORT, &c. 


In pvrwanoe of tbe reaolntioH of the 14th of Jftnoary iniUnt, 
vequettiRg ihe Chancellor mad Chief Jtutice of the Soprema Court 
<o inform the Houe of the present state of bwinest in their re- 
spective court*, and whether, in their OfMnion, there i* juit groundi 
for oompkiftt as to extraordinary .delays in i^pect to the hearing 
and expediting the ^teciaion of causes; and if so, to report to the 
honorable the Assembly such a judicial system as wiU be adequate 
to perform with despatch, Ihe business which will probably have 
to be transacted before the judicial tribunals, the QiaocaHor r»> 


That lie was absent at his residence at Saratoga Springs, en* 
gaged in the examination and decision of causes in the court <^ 
chancery, at the time of the adoption of the above mentioned re> 
solution, and did not receive the same until his return to this city, 
to hold court, about a week afterwards. This fact, and tbe time 
which was necessarily consumed in obtaining information as to 
the state of the business in the court of chancery, as required 
by the resolution, will account for the apparent delay of the nn- 
deniigned in answering that resolution. 

For die information relative to the present state of the business 
in the supreme court, the undersigned begs leave to refer to the 
report of the Chief Justice, which has already been made pursu- 
mnt to the resection of the House. It may be proper, however, 
to remark, that from the manner is which the entries of causes 
are kept, both in the supreme court and in the court of chancery, 
it is impossible to ascertain with any degree of certainty the nam- 
ber of suits actually pending at any particular period of time, ai 
the diacoDtinoance at a soit is seldom entered upon the books ^ 

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4 [A*«BHBE.T 

Ute emrti npon (Is being tettled or eompnMiMed between the par- 
tiei. It ftleo •ften bappent, eipeeialty io the eonrt of ehaacery, 
that miti are revived nd proeeedad ia bj tbe origioai partiei, or 
their ropreKntatives, after the Mma have lain dormaat for many 
^ears. The andert^ed Nat, tberafere, eadeavored to ceevey to 
the honorable the Assembly, Ibe required iofbrmatioa as to die 
present state of busineas in Ao eonrt of ebancery, in ike only 
practkabte siodo' within hh power, by statiitg the aomber of tails 
filed, the Ramber of patitions, motions and other special applica- 
tions made and presented, the namber of appeals from the Vice- 
Chaaeellors, and tbe number of decrees, decretal orden and other 
■peeiat order* and deeitioos m»je by the CbaoceUor and Vice-C%aO' 
eellors dnring the past year, and the BBraber ef causes remaining 
•n the calendars at the last stated tenna,-whidi wereaot bean) in 
eonseqaencs of their not being reached by the ChanceHor and 
Tice-ChanceKora, m dm coarse, upon their aevenU cdendara of 
causes set down at ready for argument. 

Tbe whole nmnber of bills in chancery filed during tbe year 
16S4, was 1,983; of which 430 were filed before the Chancellor, 
and the residoe before tbe several Vice-Chaneellora : ^d the 
anmber of appeals to the Chancellor frann the decisions of Tica- 
ChanceUors, was 88. Tbe namber of appeals to the Chancellor 
from the decrees and sentences of surrogates, the nndenigaed has 
not ascertained; but he thinks the number must be much less id 
proportion. The number of special motions, original and inlerlo- 
eutory, petilioni and other special applications, many of which 
involve novel and very important qncslions of law and a large 
amount of property, and which somcttmea occupy the tinw of tbe 
court for several days, was 2,417. And the whole number of de- 
crees, decretal orders and other special orders and decisions, nude 
during the same period, exclusive of the orders of course which 
are entered with the registers and clerks without an actual hearing 
of the motion before the Chancellor or Vice-Chancellor, but in- 
cluding decrees in calendar causes and upon appc^s, was 3,S&0. 
The number of causes not heard at tbe last staled terms, ia coo- 
sequence of their not being reached upon the caleodars, was 1S4; 
of which, 61 were causes set down for bearing before tbe Chancellor. 
It is probable, however, that many causes were in readiness for 
hearing, which were not placed on the calendars; ami that oiben 
were passed without argument, because Jhe counsel were not in 
attendance when tbe causes were reached in course. But it ii abi> 

.coy Google 

No. 9fi.] i 

proper to obMrve, that ao causes of the fourth clasi were heard at 
the last term of the Chancellor: The argument of one cause be- 
longing to the third class, however, occupied the court between 
three and four weeks. Very few causes of the fourth class are 
set dowA for bearing before the Chancellor, except appeal causes; 
and the argument of such causes usually occupies the court from 
one to three days. The number of causes of this description now 
in readiness for hearing, is probably not far short of 100, including 
appeals from surrogates. There were, at the commencement of 
the present term of the court of chancery, 49 causes which had 
been heretofore argued or submitted, and which remained unde- 
cided before the Chancellor; and 23 t^ses before the Vice-Chan- 
cellor of the first circuit. . It is probable, also, that several causes 
which have been argued, remain undecided before the other Yice- 
Chancetlbrs. A certain portion of the causes which are heard in 
the court of chancery, involve only two or three questions of law 
or fact, and can therefore be ^amined and disposed of by devoting 
a few hours to the examination of the case, and the preparation of 
the substance of the decree to be entelvd thereon; while the ex- 
amination of others, and the writing out the reasons for the de> 
cree when necessary, frequently occupies the Chancellcu- or Vice- 
chancellor two or three days, and sometimes a week. For the 
purpose, therefore, of producing inconvenience or injury to the 
least possible number of suitors, by the unavoidable delay in the 
examination and decision of causes, those liascs which require 
comparatively little time, are generally taken up and decided as 
soon as possible after the argument; leaving those which involve 
a great variety of questions, or which for any other cause will 
require a long time for their examination, to be taken up after- 
wards in the order in which they were heard. The causes now 
remsining undecided, are mostly of the latter class. And if the 
other duties of his office would enable the Chancellor to devote 
twelve hours in a day to the examination and decision of the causes 
now remaining before him undecided, they could probably be dis- 
posed of in about sixteen weeks; that is, allowing two days to 
each. But as he is engaged about half of the time in holding court, 
and must devote a considerable portion of the residue of his time 
to the examination and decision of lighter causes, and'other special 
duties imposed on him by law, it is hardly probable that these 49 
cases can all be disposed of within a year; and some of them bare 
already been on hand for a long time. 

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Iha report of the Chief Jnstioe sbowB that a portion of the 
canw* pending io that coart are naeenarily delayed, for similu 
reaiont, or from the want of time to bear the argument thereof. 
The undenigned therefore hat no faeaitation in sayiog, in answer 
to that part of the resolution of the Hooorahle the Assembly, ihit 
some of the suiton in both courts have just ground of complaint that 
the hearing and decision of their causes is unreasonably delayed. 
But at thei same time he is bound, in justice lo himself and to the 
judges of the supreme courts to insist that no part of such delay ii 
justly attributable to his or their neglect. The present Chancellor 
has held his office nearly seven years; and during the whole of 
that period, has not been absent from his office seven vreeks, except 
when he was engaged in holding court, or in travelling to andfroo 
the places where the courts were held, or in the actual discharge 
of some other official duly: And when in bis office, he has been 
constantly employed in the examination of causes, and in writing 
out the reasons for his decisions in some of the cases, from ei^l 
to sixteen hours in each day. The result of a part of such labor 
out of court, appears in eleven largo folio volumes of written <^- 
nions; five hundred of which opinions have been deemed of snffi- 
cient importance lo the public to be published in the chancery re- 
ports, exclusive of the opinions delivered by him in the court for 
the correction of errors. An examination of the printed reports of 
the supreme court during the same period, and the knowledge of 
those members of the House who have been in the habit of attend- 
ing the' stated and special terms of that court, will be sufficieut to 
satisfy the Honorable the Assembly, that the Chief Justice and his 
associates on the bench have been as diligently and faithfully em- 
ployed. The Vice-Chancellor of the first circuit has been equally 
devoted to the duties of his office since his appointment; and il is 
also believed that some of the circuit judges, in connect ion. with tbcir 
duties as vice^^ancellors, have been obliged to devote their whole 
time to the discharge of tbeir official trusts. Of the value of his 
own services to the public, it does not become the undersigned to 
speak; but in justice to those who are dependent upon him for sup- 
port and protection, he has a right to say, that at no time since he 
has occupied a seat upon the bench, has the amount of his compen- 
sation been sufficient to meet his current expenses, including house 
rent and t^e education of his children; and he has been compelled 
to expend a portion of the earnings of his former professional life, 
which should have been permitted to accumulate for his support in 


No. 96.] ? 

old «ge. He has good r«B«on« alio for believing that luch ia the 
fact Id relation to the justices of the supreme court. 

The real cause of the complaiot of unreaaonable delay in our 
higher jadicial tribunals, unquestionably arises from the fact, that ' 
the judicial establishment of the State is wholly inadequate to the 
examination and decision of the numerous and important legal 
questions which »>n8tantly arise: And that our judicial officers are 
required to perform a greater amount of labor by far, than is ioH 
posed upon any other judicial officers in the Vnioif; and as the 
undersigned believes, greater than can be performed by them with- 
out destroying their healths. 

For the purpose of showing that the duties imposed upon our 
hi^er judicial officers are unreasonably great, it is only necessary 
to compare our judicial establishment with those of our sister States. 
It will readily be admitted, by every one who is acquainted with the 
subject, that, owing to an extended commerce and diversified in- 
terests, the amount of litigation in this State is equal to, if not 
greater, than that of any other State in the Union, in proportion 
to our population. The whole number of our judicial officers who 
receive salaries from the State, including the circuit judges and 
the vice-chancellor of the first circuit, is only thirteen; the ag- 
gregate amount of their compensations is aboot #31,000, exclu- 
sive of the small amount of fees which are received by the circuit 
judges, and paid by the suitors. By referring to Boweo's Ameri* 
can Almanac and Repository of Useful Knowledge, for ISS5, it 
will be seen that this is less by one half than the judicial establi^- 
ments of Pennsylvania or Virginia, although those States have but 
about two-thirds of our population; and is about the same as that 
of Kentucky, while our population is nearly three times as great 

Pennsylvania, exclusive of the three judges of the superior court 
in Philadelphia, correspiHiding with our superior court for the city 
of New-York, has twenty-five judges of the supreme and district 
courts and presiding or circuit judges, the aggregate of whose sa- 
laries, besides fees and a per diem allowance of four dollars to the 
judges of the supreme court while holding circuits, is •48,4M. 

Virginia has twenty'-five judges of the superior courts of law 
and equity, whose salaries amount to Ma,?^, exclnsive of an al- 
lowance of twenty-five cents per mile for travel. 

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Ohio, vith a populttion less than one half of ojirt, hu nztcen 
judges, whote salaries amount to VlOiSOO. 

Nortb-Carolioa hai nina jodgei, whose salariea amount to 

Kentucky has nineteen judges and circuit judges, whose salaries 
stDOont to the sum of tiO,bOO. 

And Tennessee has twelve judges, including the chancellor and 
circuit judges, whose salaries are #16,600. 

It will also be found, by reference to the laws of those Statei; 
that most of their judges receive fees and other perquisites in ad- 
dition to their salaries. 

It will thus be seen that the six largest of our sister States, the 
aggregate of whose population is about twice and a half that of 
New- York, hare 109 superior and circuit judges, who receive sa- 
laries, the gross amount of which is •167,&86. And if the judi- 
cial establishment .of this Slate was put upon an equal footing, in 
proportion to our population, it would give to us 87 superior and 
circuit judges, and authorize an annual expenditure for their tup- 
port of #57,300. If our establishment is compared with those of 
the six smallest of our sister States the disproportion appears to 
be still greater. For those States, with a population which is 
only about three-sevenths of ours, have 44 superior judges, whose 
salaries, exclusive of fees and other perquisites, amount to 973,950. 
With these facts before him, the undersigned can not doubt that 
the people of this State will readily sanction such an increase of 
the judicial officers as will bear some just proportion to the num- 
ber of judges in other States; so as to enable our superior tribo- 
nals to dispose of the litigation whidi must necessarily come be- 
fore them. He also believes a judicial force may be organise^ 
which, with a proper degree of diligent^ on the part of the judges, 
will be competent to do all the business, and still leave the nnm- 
ber of judges and the expense of the establishment at least one- 
third below those of our sister States. 

As to the manner o4;,;Pirganizing the judicial force of the State 
so as to do the greatest amount of business whh the leaat ioeoo- 
venience to the public, great dilTerenees of opinion must neeessa- 

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Ife. 06.] « 

rily exisL "So conatitutioniil amendment can, tharefore, obtajn 
the sanction of two successive Legislatures and the people, unless 
it is very simple in its provisions] leaving the details of the sys- 
tem to future legislation. If ihc State was divided into two dis*. 
tricti, and four of the circuit judges in each were organized into 
a court for tTie review, 'in the first instance, of their several deci- 
«ions at the circuit, and two more judges were added to tlic su- 
preme court, the undersigned is inclined to think those tribunals 
vrould be able to dispose of the common law business which would 
-come faelbrc them, c»xifini«g suits for sums under a certain amount 
to the locAl courts. This organization could be cflected by a sim* 
pie amendment of the Constitution, authorizing the Legislature to 
increase the uumbcr of justices of the supreme court; and, if ne> 
'Cenary to remove any constitutional doubts as to the present pow- 
er of the Legislature, declaring in express terms that the Legisla- 
ture may organize the circuit judges, or any part of them, into 
«uch ourts of original jurisdiction, or otherwise, as may be deem* 
ed for the public interest 

The undersigned believes an effirient organization of the court 
■of chancery can 'be made by legislation merely, without an amcnd- 
tnent of the Constitution. The organization which he would re- 
commend to the honorable the Assembly, is the same as that 
reported by their judiciary committee at the last session, with 
perhaps some slight modification as to the arrangement of tho 
circuits in reference to the amount of business in different parts 
of tho State. This plan is to divide the State into four chancery , 
circuits; the first comprising that part of the Stale which lies be- 
low the Highlands, the second, the northern and eastern part of tlw 
Sute, and extending west to the counties of Montgomery and Otse- 
go; the third, extending west to Cayuga county or the Seneca lake, 
and the fourth embracing the residue of the State. That in each 
circuit except the first, an efficient Vico-Chancellor be appointed 
with an adequate salary, who shall hold his courts at one place, 
and devote his whole lime to chancery business; and that the cir- 
cuit judges be relieved from the performance of equity duties, to 
«iiaUe them to devote their whole time to the decision of common 
law suits. 

The undersigned acawmpanies this report with the draft of a 
bill drawn in conformity with the above suggestions, whidi if 

(Absent. No. 05.] t 


Mfqpted f^ Ibo ^-pgiftatorR, win ctirry ipch iww ch^peery PTftem 
into fflect without oliering the practice of the court froiQ t^ 
which oow exist* uader the provisions of the Revised Statute 

Air which is respectfully submitted. 

Jaafwn ^^ IMS. 

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To reorganize the chancery circuits, and to provide 
for ihe appointment of additional Vice-Chancel- 

7%e l/'et^ie 0/ Me Slate 0/ Jfiw- Tm-i, r^jtretentul m iSknaU dkA 

S I* For iM ^rpoH of administn'ing jmtke in tbs court of 
dMoeef jr, the ctste u divided into four cfaaneery circoitv, u fot^ 

The flrtt cireait td cdrttpriae the cooirtie* of Soflfotk, Quoen^ 
KIngi, Riducnia4, New-York, Westchester md RocUand; 

The second cireait to comprise the counties of Petnam, Dutch* 
4M, Ornige, Ulster, SuMivkn, Dclewarev Cojumbia, GreeAe, Alba* 
iiy, Riansvelaeri Schoharie, Schenectady, Saratoga, Woriiington, 
Warrcni, E!«mx, Clinton and Franklin. 

The third circuit to comprise the' countiei of Hloritgbinei^, 
Hamilton, St Lawrence, Jefferson, Os'wcgb, Le'wis, Oneidn, tier- 
lUMcr^ Onoadtgi, Marion, Oaegov (SiettMgDy Cortlnod lind 

And the fourth circuit to comprise the couDties of Tioga, S^Wtt- 
ben, Tompkiaf, Seneca, Ontaio, Ytrtet^ Wajme,- LivmgiYoo, 
Monnxt, OeaeeeVf Oriedni, Ni^gara^ Erie, A41e8imy, Cattaraogu* 
and Chautauque. 

S. fK ciltch' CHU1C617 eireuif there ihatl be an officer of ditf 
court of chancery, who shall reside within the circuit, and be do* 
OMnioated the vice-chancellor of such circuit He shall be of the 
depee of counsellor in the court of chancery; shall be appointed 
in the lame manner, and hold his office by the same tenure, as tlM 
cireait judges. 

2 8. The present vice-chancellor of the first circuit, residing in 
the oity of New-Vork, ihall be vice-chancellor of the first cbtn* 
eery drcoit, daring bis contioutnce" in pace. 

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S 4. Th« Tice-channellor of the first diancery circuit ■hall re* 

rSivc "he salary i)o\v allowed by law to the present vice-chancel- 
lor of tini first circuit; and the vice-chancellor of each of the 
other chancery circuits shall receive the same salary as is or may 
be allowed by law to the cinwit judges, and to be paid in the sanie 

S 5. From and after the first day of June next, the vice-chaa- 
eetlora of the several chancery circuits, shall, within their respec- 
tive circuits, have and exercise the jurisdiction and poWCn, and 
perform the duties which, by the Revised Statutes or otherwise, 
are conferred upon, or required to be performed by, the circait 
judges as vice-chancellors, oc officers of the court of chancery; 
and as to such jurisdiction, powers and duties, shall be aubstitnted 
in the place of the circuit judges within their rospective chancery 
-circuits: And all the provisions of law which are applicabli 
to the said circuit judges as vice-chanceltora or officers of tbo 
court of chancery, shall be considered as applying to the vice- 
chancellort of tho several chancery circuits. 

^ 0. All causes and matters in equky which shall be pendiag ia 
the court of chancery before any of the circuit judges af vice- 
chancellors, or officers of the court of chancery, on the first day 
of June next, shall be transferred to the vice-chancellors of the 
several chancery circuits, as follows: 

Those pending before the circuit judges of the second, third 
and fourth circuiu, to the vice-chancellor of the second chancery 

Those pending before the circuit judges of the fifth and sixlh 
circuits, to tlie vice-chancellor of the third chancery circuit: 

And those pending before the circuit judges of the seventh and 
eighth circuits, to the vice-chanccller of tho fourth chancery cir- 

j$ 7. Such causes and matt^i in equity may be proceeded in be- 
fore the vice-chancellor to whom they are transferred, in the same 
manner as if they had been originally instituted or commeDced 
before him. 

S 6. The vice-chancellors of the several chancery circuits shall 
hold four stated terms ia each year, at such times as they shall re* 

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NO.M.] IS 

tpectively appoint, and w aany ipecisi t«nna «■ tbey shall deem 
proper; which stated terms when to appointed, shall remain unal- 
tered for two years. 

S 9. The stated terms of the vice^aneellor of the first chan- 
cery circuit, shall be held at the city of New- York; those of the 
vice-chancellor of the second, at the city of Albany; those of the 
third, at the city of Utica, and those of the fourth at such place 
within the circuit as the vice-chancellor of such circuit shall ap- 
point; which place when so appointed, shall remain unaltered for 
two years. 

S 10. The register of the court of chancery shall attend every 
court held by the vice-chancellor of the second chancery circuit, 
and shall be the clerk thereof; and the assistant register shall at- 
tend every court held by the viccchancellor of the first chancery 
circuit, and shall be the clerk thoreofl In the third chancery cir- 
cuit there shall be a clerk of the court of chancery, who shall re- 
side at the city Of ITHca* shall attend every court held by the vice- 
chancellor of such circuit, and shall be the clerk thereof; and in 
the fourth chancery circuit there shall be a clerk of the court of 
chancery, who shall attend every court held by the vice-chancel- 
lor of such circuit, and shall be the clerk thereof; and shall keep 
an office at such place as such vice-chancellor dial] direct 

II. WttbiD ten days after the first day of June next, the clerks 
in chancery who arc not continued in office, shall deliv er the seals 
of the court, and the books, papers, moneys and securities in their 
hands as such clerks, as follows: Those living in the second chan- 
cery circuit, to the register, as clerk of that circuit; and those 
living within the third and fourth chancery circuits, to the clerks 
of such circuits respectively: And the register or clerk in chance- 
ry lo whom SDch securities are directed to be delivered, may • 
maintain atiiu thereon as successor to such former clerk. 

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No. 96. 


January 27, 1835. 


AddresBed to the Presidents, Cashiers, ud other offi- 
cers of the seTeral Banks under Uie Safety Fund 

In Assbhblt, Jan. 37, 1835. { 
JteMAred, That tho standing committee ob the incorporation and 
•Iterattoa of the charters of banking and insurance companies be 
instructed to address interrogatories to the presidents and cash- 
ien, or other officers, of the several banks under the Safety Fund, 
(except those in the city of New-York,) requiring immediate an- 
fwert in writing, to such interrogatories, under oath, touching the 
practice peferred to in the Governor's message, of exacting pre- 
miama on drafts as connected with the business of discounting, 
mod alto touching the practice, if any such exist, of causing their 
cuatomers when applying for loans, to make the notes offered for 
discount payable at a distant place on which such banks mny be 
in the habit of selling drafts at a premium, and also touching any 
other practices inconsistent with fair dealings on the part of these 
institutions towards the public 

And it is further resolved, That the said committee have power 
(•faoald they find it necessary) to send for persons and papers, and 
that they report to this House the result of their investigations 
with all convenient speed. 

By order, 

P. REYNOLDS, Jr. Clerk. 
[Amtm. No. M.] l 

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To be addretted to the prendenU, eaahiera, or the other oficen •/ 
the $eiierat banki in this State under the Safety FumJ, {except 
those in the eity of- Ji'ev-York,) under the resolution upon that 
tvbject adopted by the .SuetrAh/, January 27, 1835. 

IbL Hbs the bank of which yoa are ao officer, when applied to 
for the chscouDt of paper, compelled, required, encouraged, or re- 
commended, directly or indirectly, the person so applying, to make 
his paper payable at places on which yonr bank was in the habit 
of selling draAs at i premiuinT 

2d. Has yoar bank refused to make discoontt aolcn tke paper 
■o offered was made payable at Atbany or New- York t 

8d. Has yonr bank disconnted paper payable at either Albany 
or New-York; the officers of the bank, or any of them; knowing 
or having reason to believe, that the person properly liable for the 
payment of such paper, would not have ftinds at its ooaturity, at 
the place of payment T 

4th. Has yonr bank disconnted snch paper, payable at Albany 
or New-York, the ofEcers of the bank, or any of them; knowing 
or having reason, to believe, or expect that the person obtaining 
the discount, would, previous to, or at the maturity of his paper, 
purchase of your institution 4 draft to be used in the payment of 
■uch paper so discounted by you t 

6th. Has your bank disconnted such paper, payable at either 
Albany or New- York, under an express understanding or arrai^e- 
ment with the person obtaining the discount, that he or any other 
person, should, at the maturity ot the paper, purchase of your 
bank a draft on the place at which his paper was so payable 1 

eth. Has your bank discounted a draft or note, the officers of 
the bank, or any of thorn, knowing or having reason to believe 
that the proceeds of such draft or note would bo applied to the 
purchase of adrafi from your institution at a premium; to be used 
for the purpose of taking up a previously discounted draft or note 
belonging to your institution 1 

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No. M.) 9 

'ftti. Hm yo«r bank sold adimft or drafts, the officers of tbe 
bank, or any of them, knowing or having reason to believe that 
' tile draft or drafts so sotd, were to be used or applied to tbe pay- 
ment of any note or draf% due to yow bank, and payable at Alba-, 
ny or New-Yoit ! 

8ik. What amount has been received by yoar bank fM* preini- 
ums on drafts sold by yon during the last year ? 

9th. What proportion of the drafts sold by your bank, during 
tbe last year, has been applied as payment upon debts, notes or 
drafts due to your bank 1 

lOth. In how many instances has your bank, during tbe last 
year, sold drafts to be used by tbe purchaser in paying notes, 
drafts or debts due to your bank t . • 

11th. Has your bank ever discounted paper, the officers of the 
bank, or any of them, expecting, or having reason to believe that 
your bank would be enabled to sell to the person obtaining the 
discount, a draft at a premium, (o be used by him ia tbe payntant 
«f his discounted paper J 

12th. Has your bank, in all instances, sent or remitted the pa- 
per discounted by it, to the place of payment I 

18th. In any instance when you have not so sent the discounted 
paper to tbe place at which it was payable, has your bank or any 
of its (^cera required or received the premium on a draft or drafts 
«p(n tbe place where such paper was payable T 

141b. Has your bank, when such discounted paper has not been 
«ent to Ae platte of payment, required or received tbe payment of 
•aiy charges for postage, protest or other disborsements, aa con> 
neeted (ottft, or claimed, as accruing upo* such discoantad paper 1 

l&th. How long has your bank pursued tbe business of requir- 
ing the paper of your customers, or a portion of them, to be made 
payable &t Albany or New-York, and of selling dhifts to pay such 

16th. If you have danated from this kind of bosinass, when did 

you so desist t 

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[7tA. Hsre yoa, as an officer of the bankr beeik admMwhed or 
advised, that the btuioeaa of requiriog paper payable at a distant 
place, for the purpose of enabling the bank to sell a di^t to takv 
up such paper, was improper, and should be diacoDttaaed 1 

18th. Have yoa used the funds of your bonk, or procured money 
from your back, with which you have, (or you private beaeGt, pur- 
chased paper at a discount beyond the legal rate I 

19th. How many note* or drafts has your bank received or dit' 
counted within the ninety days next preceding January 1st, 18SS, 

which are payable at Albany or New-York T 

20th. Has your bank appointed, authorized, or in any maoDer 
employed an agent or agents, for the purpose of procuring, recon>- 
mcnding, or receiving po^r for discount, with the nndcrslaDdinf( 
on the part of the bank, or^oy of its officers, that such agent shoald 
charge to, or receive from the person applying for, or obtaining 
the discount, any commission or compensation for the services of 
such agent; and if so, at what rate 1 

Slst. Is your bank in the practice, directly or- Indfrecdy, (rf* re- 
quiring those who obtain discounts from it, to make their payment* 
in the notes of banks other than your own; and if to^ for what 

reason t 

32d. Has any paper been presented at your bank for d 
been declined or refused, and the same subsequently preaenled by 
a broker or any other person, and discounted; and has any officer 
of your bank participated, directly or indirectly, in the pn^li of 
the endorsement or brokerage of any such foxier, or any other 
paper presented at your bank for discount 1 

S8d. Have any loans been made by diacounta or otbervriae, to 
uiy broker for the business of exchange or brokerage, in whkk 
any officer of your hank was interested, directly or indirectly; aol 
if so, what is the amount of such loans for the ninety days next 
preceding January 1, 1885 1 

24tb. Has your bank employed any broker or broken or olber 
person or persons in the city of New- York or elsewhere^ and foi> 
Dished him or them with funds for the purchase, at a dlacoont, of 
the bills of yoar bank with the view to gaini 

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No. M.] 6 

ftStb. Hu the baok, of which you are an officer, or any of its 
officers made it a condition, directly, iodirectly or impliedly, of 
the ditcountiDg of any note, draft or other evidence of debt, that 
the borrower ihould receive therefor, the notes or bills of other 
bank or banks, at par — which notes were not at the time current 
or of par value at your bank; or the notes or bills of banks out of 
the United Slates, or out of this State, which' 'were not at the 
time current and bankable at yonr institution t If yea, have such 
depreciated notes or bills been received or taken by such borrower 
of your bank, or any officer or officers thereof, at par, in pursu- 
ance of such Qnderslanding or condition 1 What amount of such 
depreciated paper has been so paid out by your bank or any of its offi- 
cers or agents on behalf, or for the benefit of the bank \ What was 
the current value of such paper at the counter of your bank at the 
time it was so paid out T What was the current value of it at the 
town, city or village where it was bo paid outT And was the same 
received or taken by your bank, or any of its officers, or agents, on 
behalf or for the benefit of your bank, At less than par; and if so^ 
at what per cent discount t 

3dth. Has yonr bank, by any of the practices alluded to in the 
foregoing interrogatories, or by any other means, (and if so, by 
what means,) adopted a course of business, with the intention on 
the part of its officers, or any of them, of receiving mora than the 
legaL rate on paper discounted by you ^ ■ . 

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No. 97. 


January 30, 1835. 


Of the committee on the judiciary on the petition of 
inhahitants of the town of Whitestown, for the ap- 
pointment of a master in chancery, to he located ^t 
Whiteshoro', Oneida county. 

Mr. Krum, from the committee on the judiciary, to which irai 
referred the petition of lundry inhabitants of the town of Whites- 
town, in the county of Oneida, for the passage ot a'law authoris- 
ing the appointment of a master in chancery, to tw located at 


That the petitioners represent, that there is, at present, one mas* 
ter in chancery in tho village of Veroon, and two in the city of 

From a knowledge of the feet, that the village of Whitesboro' 
is but four miles from the city of Utica, the committee are of opi* 
Dion, that no serious inconvenience can result from refusing the 
prayer of the petitioners, and that it would be imprudent, and 
against good policy, to mulliplr those offices, unless in very special 
cases. Your committee are, therefore, of opinion, that the pray> 
er of the petitioners ought not to be granted. 

[Assem. No. 97.] 

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No. 99. 


January 31, 1835. 


m Hxe cmnimttee od the petition of aliens on the pe- 
tition (^ Mary Johnson. 

Mr. Paltenon, from the committee on the petition of aliam, to 
which wu referred the petition of Mary JohiutoD of FranUiuville. 
in the county of Cattaraugat, 


That the petitioner repreienla, that she is in poiseuion of a lot 
of land in theaaid town of FranklinTilIe, that waacnnveyed to one 
John Johnston and your petitioner by the Holland Lani rnmi'nny: 
That the leid John Johnston died without becoming a naturalized 
<dtizen of the United States, leaving five childreo, the fniili of his 
former marriage, viz: James Johnston, John Johnston, William 
Johnston, Margaret Johnston and Bobert Johnston; and that it wai 
the undflrstanding between your petitioner and the said John John* 
atoD, that the part ot raid land belonging to said John Johnston 
abould desoend to, and belong to his said children above mention- 

The petitioner asks that a law may be passed releasing the right 
of the State to the abovfe mentioned land to her, and to the above 
mentioned children of the said John Johnston, deceased. 

The petition is signed by the petitioner, and verified by oath be* 
fore Jamea Burt, a justice of the peace. 

(Assem. No. W.] 1 

- DigitizecyGOOgk- 

. Yoor eoramitlw an of ojnirfoii, that m the abare f t J oaed pn- i 
BMm wers eonvayed to the petitioner and the nid John JohsstM, , 
and at the petituMwr U oow in fo tw iop of aaid preatiaea, then 
can be do well ruDoded objectioa to gna^ag the releaae aaked for; 
and they have prepared a bill, with auch previaioiu aa aeeaaed pn- 
- par to your eommittee, and haYa direetad thair "firnmrr to ad 
laara to intredoea Iha tuw. 

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No. 100. 


January 31, 1835. 


Of the committee on the petitions of aliens* on the pe. 
tition of Elizabeth Favie, and others. 

Mr. E. Strong, from the committee oq the petitioai of alteoa, to 
whom wu referred the petition of Elizabeth Favie, Jaqoe Favie, 
Elizabeth Saiaetmeme, Piere Favie and Margaret Botfrout, aliens, 


The' petitiooen represent, thai they are the widow and children 
of Piere Favie, late of the town of Le Ray, in the county of Jef' 
ferson ; that the said Piere Favie was a native of France, and 
had removed to the place aforesaid with a view of becoming a citi- 
zen of the United States; that he purchased a farm situate in the 
town and county aforesaid, containing fifty acres, and ninety-seven 
hundredths of an acre of land, of one William Phelps, and took a 
deed duly executed and acknowledged for the same, the considera- 
tion having been fully paid, which deed is dated the ISth day of 
July, 1S80, and is recorded in the office of the clerk of the eounty 
aforesaid, August the 0th, ISSO, in book E 3d, i^ deeds, at page 
45S; that the said Piere Favie died at the place aforesaid, on the 
17tb day of Angust, 1888, leaving the petitioners, his widow and 

The petitioners pray for a law to be passed,- releasing ail the es- 
tate, right, title and interest of the people of Uiis State, of, in and 
[AsMm. No. 100.] 1 

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to the above d«tcribed premisM aforeMu), to the laid petiticMwn, 
vMtingthe nma io them, tbeir bein and aaajgni. 

Yonr committee are moved to the coaclanoa, that the prayer of 
the petitiooera ought to be granted, and have prepared a bill for 
that purpoae, which they beg leave to preaent 

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No. 108. 


January 29, 1835. 


Of the select committee on the petitim of George 
Ohll, to change his name. 

Mr. Rooaevalt from the lelect committee, to whom wai referred 
the petition of George Ohil to change his name, 


That the petitioner represents (and his representations are dnly 
▼erified by affidavits) that he was born in Philadelphia. His father 
died when he the petitioner was very young, upon which his mother 
married again, to one Ernest Kass, of the city of New- York, baker, 
he, the petitioner, being at the time about nine years old. The 
petitioner was brought up by his said step-father, and has always 
from the time of his mother's second marriage, been called by the 
name of Kass, and by that name he transacts business in the city 
of New- York. He has a wife, and four (Children under age, who 
have always been called and known by the name of Kass. The 
petitioner further represents that he is desirous of purchasing real 
estate, and of taking the title in the name by which he is univer- 
sally known, and therefore prays the Legislature to pass an act, 
to change the name of himself, his wife and cbitdren, from Ohll to 

Your committee, considering that the petitioner and his family ■ 
have, from the circumstance of the second marriage of his mother 
during his infancy, been always called by the surname of his 

[Afsem. No. 103.] 1 

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■top-father, *nd that tho Dame thni acquired, and loog contimiod 
by usage, may with great propriety be established by law, have 
ioitructed their chairman to ask leave to iatroduce a bill for thai 

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No. 103. 


January 29, 1835. 


Of the select committee on the petition of Curtis 

Mr. Lockwood, from tha lelefit committee to which trat refer- 
red the petitlop of Cortis Peck, praying for permiuioh to build a 
■uitable vhuf or dock for landing pasMngen and freight from 
fleam-boats, in which he ii concerned, in the town of Rye in the 
county Wettchatter, , 


That umilar granta hare been frequently made by the Legiala- 
tore of thi« State, for the purpose of promotbg the commercial in- 
tereoniM of the inhabitanti and fadlitating the trantportation of 

The committee are enabled to stale the following facts, to wit: 
1. The said Curtis Peck now owns the land adjacent to the place 
where it ia proposed to build the said dock or wharf, 

a. That there is at present near the same place a sort of bridge, 
dock or wharf, which has been used for several years for the pur- 
pose of landing paisengen, goods, &c, and which is at all times 
•itrefoely inconvenient and sometimes dangerous. 

The committee have, Uierefore, unanimously come to the coo- 
dnsion that the prayer of the petitioner ought to be granted. 
They have prepared a bill, and directed their chairman to a^ 
^ leave to introduce the same. 
[AsMm. No. loa.] 1 

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JVo. 104. 


January 31, 1835. 


Of the ctnnmittee on claims on the petition of Chaon- 
cy Persons for relief. 

Mr. M. H. Sibley, from the committee on cUimi, to whom VM 
referred the petitioD of Chauocy Persons for relief^ 


The petitioner represents that, in December, 1828, he ivas one 
of the guard of the Slate prison at Auburn. That on lhc.4tli dny 
of thatmoDth, he discharged his musket on the wall of tliu prison 
yard at the close of prison hours, in obedience to orders, »nd in 
pursuance of the established regulations. That the musicet wliidi 
was placed in his hands for the performance of such duty, and 
which belonged to the State, was bursted by such discliarge, and ho 
thereby so severely wounded, as to render the amputation of his left 
arm necessary, which was soon after done. That severe and pro* 
tracted sickness followed such injury; and in consequence of the 
ihock which his whole person received by suchexplosion, hcis much 
enfeebled, and rendered incompetent to earn his support. That he 
if 28 yean of age; ignorant of any mechanic art, having been ac- 
customed to common labor only, and is now in a needy and dis- 
tretied condition, destitute of any means of livelihood. 

These statements are corroborated by the concurring and favo- 
rable representations of more than thirty of -the most respectable . 
citizens of the village of Auburn, who bear witness to the ch'a* 
racier of. the petitioner, and unite in his prayer for relief. 

[Anem. No. 104.] 1 

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S [Ambmbli 

The petitiooer further Btatei, and verifies by affidftvit, that the 
bunting of themusket which caused the injury, was not occasioD- 
ed by his Begligeuce or want of care, but by a flaw or other de- 
fect io the piece; and in this, he is supported by die representa- 
tions of the agent of that prison, made personally to yonr com- 
mittee. The agent does not know, however, from actaal inspec- 
tion, or otfaerwiaCr that such was the cause of die accident Tbe 
proof upon this point, although not aa full and satisfactory as de> 
ured, leavea little donbt, in the minds of the oommittfte, that tbe 
present destitute and diBtressed situation of the petitioner is to Iw 
imputed to a defective mualiet belonging to the State, put into hii 
hands for the purpose of performing a specific duty, and an injury 
sustained thereby, while in tbe service of tbe State, wiihoat iodif> 
cretion or culpable negligence on bis part 

Under diese circumstanoes, your committee are of ephiion, d»t 
be has claims upon the justice of tbe people of the State; and 
have directed their chairman to ask leave to bring in a bill for his 


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No. 105. 


January 29, 1835. 


Of the select committee on the petition of inhabitants 
of Qreat Valley, in the county of Cattaraugus, to 
extend the time for the collection of taxes in said 

Mr. Burke, from the select committee, to whom wu referred 
the petition of aaqdry inhabitants of the Iovd of Great Valley, 
in the county of Cattaraugui, 


That the pelitionensct forth in their petition, that in comeqaenca 
of the anavoidable absence of the supervisor of said town from 
iho State since the first of December last, the corrected assessment 
roIT for the said town has not been delivered to the f»llector thore- 
ot, agreeahle to the requisitions of the. statute; and that, therefore, 
the collection of taxes is not in progress in said town. 

Your committee do not doubt the existence of the facts set 
forth in the petition, and, therefore, are of the opinion that the 
prayer of the petitioners ought to be granted. They have there* 
fore instructed their chairman to uk leave to intrednca a bilL 

[Atiem. No. lOS.] I 

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No. 106. 


January 30, 1835. 


- Of the Attornej-General, in obedience to a reaolution 
of tlie Aflsembly* requesting his opinion in relation 
to contracts for the labor of convicts in the State 

jnhay, Jan. IS, ISSB. j 

7b the Bftaktr of the Aumbfy. 


la obedience to ■ reaolatioo of the AMembly, I rabmit here, 
with a report in relation to coatraetf for the labor of eoiiTieti in 
the Sute Priaoiu. 

I am, reapectfally, 

Your obedient eervant, 


[Aaaera. No. 106.] 

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REPORT, &c. 

Thfl Attorney-General, id obedieace to a resolution of the Ai- 
sembly, requesting "his opinion on the queslioa whether the leve- 
ral eontracta for the labor of convicts in the State Friioni oiay be 
legally modified or annulled," respectfully submits the following 


The Attorney-General haa ascertained that the agents of the 
two prisons have severally made contracts for the labor of con- 
victs, which will expire by their own limitation within about five 
years. But two of the contracts, which terminate in the year 
1688, severally contain a clause giving Uie contractor a right of 
renewal for five years, and may consequently extend to the year 
1648. The right is not reserved to the State or its officers to put 
an end to the agreements. * 

The law has confided to the agents a discretion almost without li- 
mit, in relation to contracts of this description; and if there has been 
no fraud, and there are no facts other than such as have come to 
the knowledge of the Attorney-General, he is of opinion thatthese 
agreements are obligatory on the State. S Rev. Stat. 788, sec. 38. 

If the contracts are valid, they can not be " legally modified or 
annulled," without the consent of both parties. 

Although no one can have a legal x^t to annul his own con- 
tract without the concurrence of the other party, yet there may 
be cases in which the refusal of an individual to perform an exe- 
cutory agrennent would not be deemed morally wrong, if his re- 
fusal were accompanied with a tender of ample amends to the other 
party. And if the State, acting on some gftat principle of public 
policy, should refuse to proceed with the contracts in question, 
making provision at the same time for a full indemnity to the other 
parties, it could not properly be regarded as a breach of the public 

Respectfully sulnnitted. 

Albani/, January 29, 19S6. 

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No. 110. 


February 2, 1835. 


Of the committee on colleges, academies and common 
schools, on a resolution of ^e Assembly, of the 81st 

Mr. Wetmore, from the committed on collcgei, academies and 
- common schools, viho were iostruclcd by a rosolutJoo of this 
House, adopted on the Slst ult, to inquire into the expediency of 
amending the law in relation to the time of making reports by the 
cominii8i<mers of common schools and coanty clerks, 


That by the existing proTisioni of the Rovised Statutes, it is 
made the duty of the commissiooers of common schools in each 
town, between the first day of July and the first day of October, 
in each year, to make and transmit to the county clerk, a report 
in writing, bearing date the first day of July, on subjects connect- 
ed with their official duties. In case the commissioners in any 
town shall neglect to perform the duties enjoined upon them, the 
clerk of the couuty is required to give notice of the omission to 
the clerk of such town, who shall, immediately after the expira- 
tion of the time specified, assemble the commissioners for the pur- 
pose of making their report. It is also made the duty of each 
county clerk, between the first of October and the first of Decem- 
ber, in every year, to make and'transmit a report to tlie Supeitn- 
tendent of Common Schools. 

[Assetn. No. 110.] I 

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fl ^ [AaasMBLT 

Tbe proposition submitted to the coDsideration of tbe committee 
is, to require that the commipsiODers shall transmit their reports to 
the county clerk by the first day of August, and tliat the clerks of 
counties shall fulfil their portion of the duty by the first day of 
October in each year. The object sought to be accomplished by 
the alteration is, to afford the Superintendent of Common Schools 
more adequate time ibr tbe preparation of bis annual r^Mrt to the 

Upon a careful examination of the subject referred to them, the 
committee are of t^ioton, that no disativantage can result from 
tbe proposed amendment, bat, on the contrary, that the duties of 
the Superintendent will be much facilitated by the change, and the 
public convenience thereby promoted. 

The committee h^ve, therefore, uistruct«4 thieir cb^i^an to a^ 
If9r9 to 4trodu$^ f feiy* 

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No. in. 


February 2, 1835. 


Of tlie select committee on the petition of Isaac Peck 
and Elijah Peck. 

Hr. Jackson, from the select committee, to vhom was referred 
the petition of Isaac Peck and Elijah Pack, asking for pcrmiision 
to erect a dock, 


The petitioners represent, that they are desirous to erect and 
maintain a dock adjacent to their lands in the village of PJushing, 
in Queens county, lying on Flushing creek, for the landing of paa- 
sengers and frieght from steam-boats in which they are concerned, 
and for other commercial purposes. 

Your committee, on a careful examination of this application, 
is well satisfied, and some of them from their own personal know- 
ledge, as well as from the recommendation of ■ large number of 
respectable inh^itants of that village who have united in the 
prayer of the petitioner, that a good and substantial dock at that 
place is much wanted. 

The committee are of the opinion, that this application, if grant- 
ed, will not interfere with the navigation of said creek, but, on the 
contrary, will enable vessels to load and unload their cargoes with 
more ease and greater facility. They have, therefore, prepared 
a bill, which they ask leave to introduce. 

[Assem. No. 111.] 1 

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No. 112. 


February 3, 1835. 


Of the committee on the militia a^d the public defence 
on the petition of officers and members of the firat 
regiment of horse artillery. 

Mr. Lockwood, from the committee on the miliUa and the pubhc 
defence, to whom was referred the petition of the officers and 
memben of the first regiment of horse artillery, 


That it appears from the represeotatioD of the petitioners, as 
well as from information communicated to your committee, that 
much difficulty exists in keeping up the organization of the corps of 
horse artillery. The great expense attendant upon the equipment 
of members, and the arduous duty which often devolves upon 
them, have operated to deter individuals from enlisting in these 
corps. Occasions are of frequent occurrence in the city of the 
New-York, when the services of mounted troops are deemed ne- 
cessary by the constituted authorities. The committee may refer 
to the ciVcumstances connected with the riots in that city during 
the past summer, and to the valuable services rendered at that 
time by the horse artillery in aid of the civil authority, as offering 
a sufficieot reason for extending legislative aid in maintaining the 
character and efficiency of this important branch of the public de- 
fence. . 

[Assem. No. 112.]' 1 


The pnyer of the petitionen extendc ne fulher than for ex- 
wnptioD from jury daty, ifter a faithful aervice of aeven yean; 
ttd your committefl mo no reaaos why it aboald not be granted. 
Thfl committee bave^ therefore, initructed their chaizman to ift- 
Uodnce atulL 

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Februaiy 2, 1835. 


Of the committee on colleges, academies and common 
schools on the petition of the trustees of School 
district No. 7, in the town of Skaneateles, Ononda- 
ga county^. 

Mr. Wetmore, from the committee on coliege*, academieB and 
common schools, to whom was referred th« petition of the truE- 
tees of school district No. 7, ia the towo of Skaneateles, in the 
COUDty of Onondaga, praying (or legal aothority to kII a Bchool- 
house and lot, and to make dispotiton of the proceeds thereof: 


That under the present law, the trustees of school districts are 
without authority, in certain cases where the site of a schoo]>hoase 
has been changed, to dispose of the lot and building formerly oc- 
cupied. The necessity of an amendment of existing laws to pro- 
vide for such cases, will be apparent. With the view, therefore, 
to a£brd relief in the instance presented to them, as well as to fui^ 
niah a remedy for an obvious deficiency in the system, and there- 
by render nmilar applications for legislative interposition unneces- 
sary, the committee have prepared a bill, and instmcted their 
chairman to ask leave to introduce the same. 

[AMem. No. US.] 1 

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No. 114. 


January 31, 1835. 


0( the committee oq the judiciary on the petition of 
the board of Bupervisors of Dutchess county. 

Mr. LiringstoD, from the eommittee on the judicitu-y, to which 
was referred the petition of the board of supervisora of the coun- 
ty of Dutchess relative to the compeDsatioa of the district attor- 
ney of said county for his lerTices, 


That they have examined the tariff of feea allowed to diitrict at- 
tomies, and that they find the fees allowed by law are no more than 
a juit compensation for the services which district attomies are - 
compelled to perform. The supervisors qf Dutchess county ask 
that the district attorney of their county shall receive a stated sa- 
lary of one thousand dollars per annum, in lieu of the compensa- 
tion now permitted and authorized. The supervisors do not stale 
any reason why the prayer of their petition should be adopted. It 
would, perhaps, be considered as invidious in the committee to sug- 
gest, that the supervisors of Dutchess county might find an ample 
remedy in applying for a relaxation of the bill of cost presented 
by the district attorney of their county. But as your committee 
are not informed of any improper charges made fay the said dis- 
trict attorney, they therefore reeommend that the prayer of the 
petition be denied. 

All which is respectfully submitted^ 
[Assem. No. 1 U.] ' 1 

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No. 115. 


February 2, 1835. 


Of tiie committee on grievuiceii on the petition of 
Nerum Abbott 

Mr. Adams, from the committee on grisTances, to which wh 
referred the petition of Nernm Abbott, praying for compensation 
for damage! sustained by the overflowing of his lands, occasioned 
by the breaking away of the banks of the Chemung canal, submit- 
ted die foHowiog 


The petitioner alleges in his petition, that in 18S3, he resided in 
the town of Elmira, in the county of Tioga, on a iot of ground on 
which be had erected a dwelling house and a large blacksmith 
shop, about 15 or ao rods west of the Chemui^ canal; that he was 
carrying on the blacksmith business; and that by the eitraordina- 
ry rains and consequent unprecedented flood which hai^ned in 
July last, the embankment of the Chemung canal gave way above 
the premises of the petitioner, and the flood and water bursting 
therefrom, came down alofig the premises of the petitioner; that 
the water soon dug a channel of some 36 rods in length, from SO 
to 40 feet in width, and 7 or 8 feet in depth; that such channel 
was on the west side of bis buildings, and encroached upon and 
cot oflT several feet of his lot, injured and threw down part of hil 
cellar wall, and rondered it necessary to remove his family and fur- 
niture in boats; that hts property was injured in removing it; that 
three ^r four bondrad bushels of coal were injured, tod tome ear* 

[Aesem. No. 116.] I 

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rie^ nrajr; AaC lie wh interraptod i6 hit iMBJaen, and tlurt ia al^ 
be nutaiiwd a low of aot ten thui WOO. 

In entoring vpoB the dntiBS atrigned to- year eoBHniRec, Ihef 
find that the principal caaws of comptainf hi^rto preseated aad 
nferred to dmm, ara alleged to hare arisen from brcache* in the 
eanali, and from accidenta occarring oa. the line of narigatien. 

It ia deemed t« be a matter ol great iiiq>ortaiiee, aa wcU for the 
intemlt of the State as in dohig antfonn justice to the claims of 
its citixBDs, that there should be some imiibrm rale of legislatioo 
■pon chums of this characterr If aa onifonnity of rale be sot ob- 
■erred, it is easy to perceive that injustice may aed wilt oftea be 
done; in some mstances, money may be drawn from the State by 
management, false TcpresentstioBS ami fraud, by the interested ap- 
ylicaat, while other ctaims, founded i^kkt the r^reseotationa of n 
honest appUcant, may be rejected. 

What leadiag principles for the geaerd rale ef action hf jour 
ctHnmittee, and by wUch they wonld test the vanoos matters of 
this class coming ander tbeir eonsideratioi^ has been ibe sabyset oi 
due deliberation. 

It will be foand, m tooUiig into past reports of the Canal Bowd 
and the Canal CommisnoBers, that an uniform rale of actimi npon 
the subject of the rights and liabilities of the Sute and iadividoals 
has not been observed. 

The Canal Board, in the report npbn the petition of Charlea Ba- 
ker, for compensation for injuries alleged to have been snstaiaed 
by a breach ia the Champlain canal, take the ground, that if Uie 
canals had been constructed by an incorporated company, in the 
manner the State has constructed them, and tho bask of the canal 
was carried away by a fredtet, and the waten thereby let oat op- 
on the adjoining fields, a claim for damages arising from such 
breach could not be sustained either inr law or equity ; diat when 
no want of attention nor any neglect ia imputed to the superinten- 
dent, or any other agent of the State baring ehnrga of the canal, 
whatever injury may be sustained by a providential oeeumnce, 
most be endured by the person sustaining the injury. This npcal 
may be found in Uie Assembly Documents at 1830, No. 107. 

In the same volume, Doe. No. 197, the Caaal Comaaisaiaaefs in 
A«r report npon the petition ef John Brown, the owaar of a hMl 

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Nfl^ III.] a 

l<M4ed with barley, and otTigating the Erie canal, the boat in da- 
aceoding a lock aettled upon the hick-horn of an anvil lying io the 
bottmn, whereby a hole waa thrust into the bottom of his boat^ - 
and hifl boat and loading injured, uem to take ground entirely dif- 
ferent from the grounds taken in the report fint above referred to. 
In this last report the broad ground is taken, that the State ii in no 
event to be liable for an injury, though it be the result of the most 
palpable negligence of its agent or agents. They say in the re- 
port, that there is no law which makes the State an insurer against 
the damages and risks which may happen to boats and their load* 
ing on the canal; that if those who are engaged in the navigation, 
wished to be insured against the perils of the canal, they might 
doubtless find those who, for a premium would insure. Or if any 
lock-tender or auperinteodent should be guilty of gross negligence 
in the discharge of his duly, by whicb boat* or property on the 
canal should bo lost or damaged, there rxiuM be oo doubt but that 
the party injured could maintain an action at law against swA 
stich lock-tender or superintendent, to recover the damage. 

With the positions taken io this last report, your cominittee fael 
constrained to differ. An individual who navigates the canal is 
bound to pay the rattf of toll prescribed by the Stale, for the privi- 
lege of navigating, and he is not, nor should he be compelled to 
pay an insurance premium in addition to the payment of such tolls, 
to protect himself against accidents, in nowise chargeable to his 
own conduct. But should he incur the additional expense of paying 
such premium, and effecting such insurance, and should sustain a 
loss, the cause of which could bo clearly traced to the oagligence 
of the State agents, it is believed that the State would be liable 
to the insurer for the damage sustained through the negligence of 
the State agenL Nor do your commillee deem it to be law or 
justice, that an individual in the lawful exercise of his rights in 
navigating the canal, who is damaged by running upon secreted 
i^tacles, carelessly dropped and negligently prenaitted to remaia m 
the canal by the State agents, not chargeable with any negligeac* 
on his part, should be turned over to the <»ly remedy — of an ae- 
lion on the case against such State agent or lock-tender. The io- 
jured party could not be compelled to take this only and doubtful 
remedy, did the public works belong to an individual or oorpM*> 
tion; in such ease, the well settled principles of the common law 
would hold the prineipal accountable for the negligenoa of hii 

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« • [Xmbmblt 

tigeitt. And your committee do not bolioTe that s difleient rule, 
as againit the State for the negligence of its agent, does or augfat 
to exist, tt is true that the injured person might maintain an ac- 
tion against such agent for injuries resulting from his negligence. 
So could the State for any damages incurred by it from the ocgli- 
gencc of such agent And it would be but right that the State it- 
self, should make its offending agent account for his negligence. 

Your committee, therefore, in furtherance of the important ob- 
ject of uniformity of legislative action upon the subjects above 
mentioned, adopt the rule as laid down in the report of the Canal 
Board upon the petition of Charles Baker, first above referred (o, 
and are of the opinion that in cues where damages are sustained 
by persons navigating, or owning property on the line of the canals, 
resulting from the negligent acts of the State agents, the State 
should be compelled to remunerate the suflerer for his loss, in the 
same manner as on individual, or corporation would be held an- 
swerable by law for the damages resulting from the negligent acts 
of their agents. Requiring in all cases, the like proof lo charge the 
Stato as would be required at law to charge such individosl or cor- 

The claim for relief upon the petition under consideration, retts 
upon the statements in the petition as above mentioned, and is in 
no other way sustained. But if the petition be regarded as Iroe, 
the petitioner is not entitled to any relief from the Sute; it dearly 
appearing from the petition that the loss or damage complained of 
was, in the language of the petition, occasioned by an unprecedent- 
ed flood, against which no human means could guard, and there- 
fore in nowise chargeable upon the State or its agents. Your 
committee have therefore directod their chairman to ask leave to 
submit the following resolution: 

Resolved, That the committee be discharged from the further 
consideration of the above mentioned petition, and that the peti- 
tioner have leave to withdraw his petition. 

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February 3, 193$. 


Of the Canal Conunisfiioneni on the petltliA olF <IoIa 

The Canal C^miainionen, to whom was le&rred, Itjr the At* 
«embly, Iho petiUoD of John H«rJiimer, 


The petitioner alleges that he is the owner, and in peuenion of 
several lots of land in Danube, in the county of Herkimer, tlirough 
which the Erie canat passes: that about three acres of one of said 
lots arc separated from the reiidnu thereof by ihe canai, and that 
fie has no bridge to pass on it fur cultivation: that soon after tlic 
canal was oomplcicd, he made application to the Canal Commie* 
sioncrs for remuneration for the damage done to hra properly, 
which they refused or neglected to make, and that they also refti* 
sed to build a bridge for his accommodaiion, whereby he has lost 
the use of said three acres of land. Ho also states that he has oth- 
er tou which have, for a Dumber of years, been jnundotcd by wa- 
ter issuing out of llie canal, insomuch that he is unable to raisu any 
crops thereon. Ho stales rtial he was out of the State during tho 
exutence of the acts of April 30, 1635, and April 14, 1M7, extend- 
ing the time for presenting claims for damage from the canals, 
and was consequently unable to avail himself of the benefits in- 
tended hy them, and prays for relief. 

In the Comptroller's office, among the appraisals, made by Wil- 
liam C. Bouck and Henry Seymour, and certified by them, of the 
[Assam. No. lie.] 1 

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dnmn^ to t*)o pmprieton of Innd tituato in German-Flats ati 
Daniiliu, by the onslruclion of tlie Eric canal, over atitl above 
the bencfiln thcrerrom, the dnmagc of John Hurkimcr ia appraiKd. 
in oni: chlry, ot two hundred nn<I Iwcnty-cigiht dollars, and in an- 
other entry, at fifty dollarx. Among the roachuri in support of the 
account of ihc acinig commtiaioncr ia the receipt of John HcrLi- 
Rier, of which the fullowing ii a copy: 

" Rec'd, Wastiinglon, Jon'y Mh 1834, from Henry Scymoiir. 
Eaq. Cannl Cinn. of the Erio canal, the sum of two hondrcd aod 
•cveniy-eighl dolUra, being the amount awarded to me for daou- 
gof liono by reason of said canal passing through my Linds. 

(Signed.) JOHN HERKIMER.'' 

It ifl rctpoetfullr submitted, that these appraisata and the receipt, 
and the payment of tliem after the cannl had been several yean 
fully in operation on this port of the line, is a satisfactory answer 
to tho petitioner's claim. 

Janumj, 9Ut, ISSft. 

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No. 117. 


February 3, 1835. 


Of the committee on colleges, academies and common 
schools, on the petition of the trustees of school dis- 
trict No. 2, in the city of Rochester. 

Mr. Wetmore, from the committee oq collegei, academiei and 
common ichooli, to whom wu referred the petition of the tnu* 
teet of ichool dittrict No. 2, in the city of Rochester, 


That the petitiooen pray for the pasiage of an act to eitablish 
■od render pennanent the existing boundaries of their district. 

From representation! made to the committee, it appears that 
the location of the school'booi^ is central in the city of Rochea. 
ter, and that the district property is Talued at about two thousand 
dollars. The tmsteefl are dettroni of erecting a new and costly 
edifice of such description as shall be an ornament of the city. It 
is slated that the taxable inhabitants are unanimously in favor 
of the contemplated improvement, provided they can be aasurod 
of the permanency of the district limits. 

By the provisions of the Revised Statntea in relation to common 
schools, the commissioners are specially chaiged with the duty of 
establishing, regulating and altering the limits of school districts. 
This power seems to the committee to have been lodged ia tba 
proper hands, and, under ordinary cireumftanees, they would ooft- 

[ Assam. No. 117.] 9 

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sider IcgitUtivs interference -at onoeeenafy ind inexpedient. Ib 
the preeent inittnce, howcrer, and in view of the objecu act fonh 
in ibe petilioo, it is believed that tufficient reaiou exist to justirr t 
de|>artare from the genera) role. The committee hare, therefore, 
inttmctod their ehairmao to atk leare to intioifaioe a bilL 

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No. 119. 


February ^ 1535. 


Of file committee on privileges and elections, on (he 
petition of sundry inhabitants of the towB of Avon, 
Livingston cmintj. 

Mr. Wilcoxson, from the committoo on privileges and ctctilinnB^ 
to whi h was rcfurrcd ilie petition of sundry inhabitants of the 
town of Avon, in the county of Livingston, praying thnl the law 
regulating "elections, othc^ than for militia and town ofliccrs," 
may be so modified as to secure ihc citizen, in his person, against 
a wanton abuse of power on the part of the inspcclorsj'and when 
committed to custody by them, an opportunity of having a fair 
and impartial trial, before soatenco and condemnation, 


The facts, on whieh tho petitioners baw their application, ire 
contained in a printed paper attached to their petition, pui^rting 
10 be an aflMavit of Horatio Pearson, in which, among other 
things, the said Horatio dejioseth, in substance, as follows: that 
. on the last day of the last general election, Iteld at Knccland'« ion, 
in the town of Avon, while standing in the enlry contigaous to the 
room in which the board of inspectors were sitting, and there 
peaceably aqd quietly reading an electioneering handbill, Alfred 
B. Field, one of the electors, and there actively engaged as a 
challenger on the part of the whig party, in passing deponent to- 
wards the inspectors' room snatched the paper in the hands of depo- 
nent and tore offa part of it, accompaoying his act with some buty 

[Assem. No. 119.] I 

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expivnion, which deponent thinks was *'pve that to me:" tliat 

deponent repelled ihis iniulr, by a lKra«t of his open hand against 
the tide of FKild'tf fnc«, and somewhat ciuickcned Field's move- 
ment into the room where the hoard of inspectors were silling; 
■nyiitg to Field, at the same time, I will not lake thai from you, 
you impudent pHppy, or words to ihnt effect; that (here was no 
commotion or cxcilement whnicvcr produced; nor did the- tnins- 
anlioiv i» ih« slightest degree disturb the harmony of the assembly, 
or at all disturb th« board of inspectors, or any of the electors 
then present, except the said Alfred Field: that Field made com- 
plaint to the board, who, after takiug their duiner. and after the 
lapse of an hour, and nfter considering llie subject, matic out a 
warrant commiriing the dGpoaent to the county jail ten days, by 
virtue of which deponent was committed to the connty jail, on and 
from the eleventh to and ineludiog the twentieth of November, 
then instant. 

The law which Iho petitionort pmy may be modified will be 
found in 1st vol. Kcvited Statutes, page 137, sections 36 and 87. 

By these sections the board of inspectors are authorized to main- 
tain regularity and order, and enforce obedience to their lawful 
commands during the election, and during the canvass and csli- 
ipnic of tlic votes after the dosing of the poll: and if any person 
refuses to obey their lawful commands, or by disorderly conduct 
i^ the presence or hearing of ttie board interrupts or disturbs their 
proceedings, by an order in writing to commit the person so of- 
fending to the eounty jail of the county, for a period not exceed- 
ing thirty days. 

By a law passed in the year IBOl, a similar provisk»i was made, 
conferring equaV if not more arbitrary power on inspccton of elec- 
tions, which remained In fon^ until the adoption of the law above 
cited. What the law was prior to th:^t year your committee have 
not thought it necessary to ascertain. They arc not aware ibit 
during this lung pcMod of time, (during which there has been n 
careful revision of our statutes,) any serious complaints have been 
made against inspectora of elections, for exercising ihia power ia 
a wanton, cruel or oppressive manner, or without cause. 

The petitioners themselves regard the case referred to by them 
important only " as shewing, (as they allege,) that in one case the 
graotod power haa been grossly abused." Your committee do not 

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No. 110.] * 

foci cnllcd upon to eitpren an opinion approving or disapproving 
or ihc conduct of the inspectors in this particular case: but tUcjr 
arc satisfied, from their own knowledge — knowledge derived from 
experience nud observation; the necessity of clothing inspectors 
of r.lcctions with discretionary power, and summary process lo 
mninlnin order nnd regularity, and enforce obedience to their law- 
ful commands; a power, ihc character of which, in its exercise, 
must Kirike dread in the mind of any one who feels disposed to 
make disturbance, or refuses to oboy the legal requirements of (he 
inspectors. The exercise of it must bo positive in its effects, and 
summary in its execution. WeK it not so, the objects for which 
it is given would be entirely frustrated. 

The object of lh« taw is to secure to each and every elector 
the privilege of voting, without molestation; to enable the clerks 
of tlie board to keep a correct poll list of the voters; to secure Ihc 
ballots deposited from being destroyed, and the board from being 
tinlruded upon or their proceedings interrupted. These objects 
arc of the first magnitude and of the greatest importance, and con- 
sidering the numbers who crowd around the polls, their excited 
feelings; iheir personal abuse of each other; their readiness to re- 
sent and give insults; and the desperate strife for mastery; show 
most satittfaclorily that no ordinary power ia the hands of the in- 
spectors would be snffieieni to guard, protect and secure these ob- 
jects. But the petitioners urge and press upon our consideration 
the great danger of its being abused, by incompetent and biased 
minds, charged with its execution, and regard all the power con- 
ferred, beyond what is necessary for the present protection of the 
board, as unnecessary, and an infringement of the rights of the 
citizen. - That it may be abused will not be denied; but that this 
is a sufficient reason for a repeal or modificalion of the law can 
not bo conceded. All delegated power is liable to abuse. Yet, in ' 
many instances, the law bos conferred upon individuals much 
greater and more arbitrary power than it has upon inspectors of 
elections, and that too, when there would seem to be less danger 
in withholding it. Judges of courts of record may commit for 
contempts, such as disorderly, contemptuous or insolent behavior, 
committed during the sitting of the court, in immediate view and 
presence, and directly tending to interrupt its proceedings, or to 
impair the respect due to its authority. This is doubtless a high 
and arbitrary power, and may be exercised by a capriciouo, prc- 

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4 [AsaBMBLT 

judiRcd and vindictive judge: and wc hare reason to bdicvc tbal 
it has been ro fFcqucnlly exercised. Yet the high object to he ai- 
lained renders this law necessary. Nay, vrc go further, and de- 
clare the persons of the judges inviolable, a'nd throw around them 
the impenetrable shield of the law, and wi|[ not permit ihcm to be 
excepted to, or challenged, even for corraption, except by indict- 
ment, or impeachment. Is the respect due to a jud^e on the 
bench of more importance than the security of the persons of the 
inspectors presiding at an election 1 Is the preservation of order in 
a court of record of more importance than the preservation of the 
ballot box containing the evidence of a freeman's willt It would 
seem so, for we go further to protect the judge than we do the 
inspector; the former we declare inviolable, while we make the 
latter reipoosible for misbehavior in his office, and responsible in 
damages for a wanton, malicious or capricious exercise of power. 
He may also be indicted and punished criminally. So long, there- 
fore, OS we hold these officers respousible, (as we do nl! other offi- 
cers possessing a special and limited jurisdiction,} for their good 
behavior, and subject them to punishment for misbehavior, roar 
committee are of opinion that the citizen has all the pioteciion at 
forded him which the nature and exigency of the cue will permil; 
and that the prayer of the petitioners ought not, thercr..>re, to be 

All which is respectfully submitted. 

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^ . • — , 

■ No. 120, 


Pebraary 3; 1835. 


Of tbe CuhI Cmmnsflioiiera on the petition of Joha 
W. Wiaaer. 

Tb« Canml. Commluioaen, to wImm wMraTenml bj Aa /km v » 
Uy, tJw pgtition <rf Jebo W. Wuner, tubout tbt feUowiag. 


"fhe petitioner itatei that in 1831 he engaged aa a nib-eontrac< 
tor to /acob Westlaka, to eonttruct a lock at the juncltod nf the 
Chemung canal with the river; that tlie lock wat located between 
two buildings, which were *o near each other, that the unual slope 
to the banki could not be given, without removing the buildingH. 
He itatei farther, that he appriied the contractor, and Mr. Hutch*, 
iosoa the engineer, that unless the usual slope was given to the 
banks, they would cave into the pit; that the enginoer replied that 
it would b« expensive to renwve the buildings, and tlyt if the banks 
slipped in, tbo builder would be paid tho espenae of the work. 

The petitioner farther slates, that under the expeetatiott' of hav- 
ing hifl expenses paid, he commenced exeavatins the pit, and iu its 
prosecution encountered great difficulties from the sidn caving in, 
and the quantity of water proceeding from springs, which he was 
under the necessity of bailing; and also, that the floods from the 
river twice inundated his work. 

Her ffatas that as soon as be had excarated the pit, be eallod 
Mr. Wright, the assiataat Mginoar, lo cstiuuita thft expanM of tlw 
«nra,work; that Mr. Wright eatimMcd tin aspoMa M MU^ ami 
I. Wi. 180.] 1 


; ; C [Ausui.* 

assured the petitioner that it should be paid as soon aa the Canal 
Bftard met. Hu states farther, that al two sessions of the Board 
«r Cai>al CtNninissioncrs, he apfilJcd fnr tlic- payment of this estt- 
mi)le. hut that the same has never been allowed him; and alsn, 
that Col. Wcstlnke h»s told him. ho had also laid his claim before 
the Board of Canal Commissioners, and that the Mtmct nor no part 
thereof had been aVowed. 

Thff.petUioncr estimates hit domagea at f 1,300, sod prays the 
Legislature to remunerate him. 

Wcstlnke and jVbiCooiwl w«re the eontraflton for construct- 
ing ih(! lock in question. By tlic turms of their conlracl they were 
to rccinve a sli|>ulittcd prico for the lock, and a price per cubic 
yard for the masonry. These prices were to include the expense 
of excavating the pit, piUting down the foundatioii, and pcrrormiaf 
every kind of work necessary to complete the lock, except the fur- 
nishing. of iron, and the paddlc-gatcs; and these prices were also 
to o9ver all conllogeocies which nright arise io the execution oC 
the work. 

The excavation of the pit consisted of about one and a half feet 
in depth below the bottom of the canal, fur the reception of^the 
lioltom of the lock. '1 his luck was located as the petitioner repre- 
sents, between two buildings, and near the Chemung rtvcr. The 
excavation for the canal at lliis pincc was twulvc or fourteen feet 
deep, and the space so contracted, that the usual slope could not 
lic given to the banks, without removing the buildings. 

The Co'.nmlsstoncr who had charge of the work did not sec it 
while the petitioner was excavating the pit, and patting down the 
lock foundntidh; but he understood at that time, and there is no 
doubt of the fact, that the banks caved into the pit, that the water 
was troublesome, and Ihataltogcthcr, it was an expensive job. 

The allegation of the petitioner ihat Mr. Hutchinson directed * 
him to incur the extra expense, and that lie should be paid; Uiat 
Mr. Wright estimated the extra expense at «550, and promised 
that it should be paid as soon as the Canal Bonrd mcl m.iy be true, 
but is not as well sustained as it shoulil be. If this was as the pe- 
titioner atarcs, it h a little singular that he did not obtain ihc ccr- 
tiAeatatif tho cngimwr; evidcoce indispensably necessary to su^ 
taMlu&clai«i.-..l£ tfa* enginoara hwl made these alleged osgage- 

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Ho. ISO.] > 

ments, it would have been their dutjr to have roporled them to the 
Cnmmissioncrtt at is cuttomary in such cases. Such a report has 
not been made, and the Comntissioners are inclined to the opinion, 
that there is tome misapprehension on the part of llio petitioner, 
in regard to what passed between him and the engineers. 

The law authorizing the construction of tliit canal, " provided 
that on duo notice being given," the Contmisaioners "shall receive 
proposals accompanied with good sureties to construct and com 
picte said canal and feeder, for a sum which in the aggregate shall 
not exceed $300,000." 

To comply witti this act, it became oecesaary to stipulate in the 
contracts that the prices for the items of the work named, should 
cover all contingeacios which might arise in the execution of the 

This provision is not ordinarily incorporated in canal contracts, 
but under tho law in question, it became indispeninbly necessary, 
in order to form an estimate of the aggregrate cost of this canal. 

In 1833, application was made to the Canal Board by several 
contractors on this canal, for allowances; but the Canal Board de- 
cided that the conditions of these contracts excluded these claims 
from the operation of the statute, authorizing the Board to moke 

After this decision the claimants applied to the Legislature for 
relief, and a law was passed extending the provisions of the Re- 
vised Statutes to the contracts on this canal; thereby rendering 
inclTcctuat that condition, which imposed on the contractor the 
risque of contingencies. 

Wcstlakc and McConnel who were contraclors for section num- 
ber 13, and for seven locks, made application to the Canal Board 
in 1S34 for extra allowaneot on the work they had executed; and 
in their account for cxirat, they claim an allowance on the lock 
pit in question of $650. for excavating quick sand, slides from the 
lace of the banks, and for expense of bailing water. 

* On this item of their claim they were allowed and paid fSOO. 
JONAS EARLL, Junior.' 
Fthruary 3i, 183S. 

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No. 123. 


February 5, 1835. 


Of the Belect committee on the petition of inhabitants 
of the tovn of Gates, Monroe county. 

Mr. D. Sibley, from the Bolect committee, (o whom referred the 
petiUon of the inhabitaots of the-town of Gates, 


That it is set forth in said petition, and known to your commit- 
tee to bo true, that by the set of the last session of the Legisla- 
ture incorporating the city of Rochester, a portion of the former 
town of Gates is taken from said town, and made a part of the 
territory embraced in the limits of the said city. That almost all 
the town officers, and all the inspectors of election but one, reside 
in what is now the city of Rochester, and that the place appoint- 
ed for holding the next town meeting is also in 'said city. Your 
committee, therefore, deem the prayer of the petition to be rea- 
sonable, and have accordingly prepared a bill, fixing the time and 
place for holding the next town meeting, and naming three inspec- 
tors of election to preside at the same, and respectfully ask leave 
to introduce the same. 

[Aasem. No. 138.] 

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No. 124. 


February 5, 1835. 


Of the cooiuaittee on clainis on the petition of Lucas 

Mr. M. H. Sib]«y, from the eommitlee on clnims, to which wtt 
referred the petition of Lucaa Elniendorf, for s law authorizing 
the Comptroller to execute deedt to hitn of two lots of land told 
for taxea, 


Th«t, St the Comptroller's sale in 1880, Arnold Nelson purchas- 
ed 450 acres of lot SB in great lot SO, in the Hardenburgh patent, 
in the county of Delaware, for taxes of 1822 to 1826, inclusive. 
That the enid lot vas returned to the Comptroller's office as con- 
taining 650 acres, and was assessed to Lucas Elmendorf, the pe- 
titioner; that upon the payment into the treasury of the purchase 
money on such sale by the said purchaser, a certificate in the usual 
form was delivered to him by the Comptroller; that the land so 
sold remained unredeemed until the I2lh April, 1832, when the 
petitioner handed to a clerk in the Comptroller's offinc a list of his 
lands which had been sold for taxes, (embracing quite a number 
of lots and parcels of land,) with written memoranda set opposite 
to each piece, indicating the petitioner's wishes in relation to the 
redemptiod or non-redeni[>tioii of the same; that against the said 
lot 86 was writicn "not to be redeemed." That at ihe lime this 
list was so handed in, the said office was nauch thronged with per- 

[Assem. No. 124.] 1 

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•ont engaj^ in the tninsaction of businesi, and the petitioner left 
tho list with the clerk, requeiting him lo make out the amount of 
taxes on the land marked for redemption, and advise the petition- 
er of the gross amount of the same, when he sboaM call agam: 
that the petitioner on returning to the oiSce again found the offi- 
cers mnch engaged, but was furcsenled with the antount of money 
required to redeem the lands, for which cenificates of redemption 
wore then pi^pared and handed him, which he paid without 
exomiaation, being then in great haste to leave the city, which he 
soon after did; that upan returning home and examining his pa- 
pers, he.found that the tax, &c. on lot 68 ha<t been included-in the 
amount of money which he hnd so paid, and that a certificate of 
the redemption of the said Jnt had been delivered to him; that he 
retiirncd to ihc Comptroller's office, explained the mistake, which 
wns made obvious to the Comptroller, but he declined to rectify 
it, because be had not the power to do so, and informed the 
petitioner that his only relief was by application to the Legisla- 

It further appears, that it was not his intention to redeem the 
said land; because he had purchased (lie aforesaid certificate of 
Arnold Nelson, the purchaser at the sale, and taken aa as^ign- 
' meot of tho same. 

Under these circumstances, the petitioner asks for the passage 
of a law authorizing the Comptroller to cancel such erroneoys re- 
demption, and requiring htm to execute a deed of the said 450 
acres of said lot 66 to the petiti<mcr, as the owner or assignee of 
the said certificate of sale; and also that, the Comptroller be re- 
quired to refund to him the money so paid by mistake oo such le- 

The committee has found some difficulty in recommendiilg t&e 
passage of such a law, from the fact that it is obvious from (he 
transaction, and indeed is expressly admitted in the petition, that 
the object of the petitioner in omitting to perform his reasonable 
duty to the government, by the prompt payment of his taxes, and 
putting the public authorities to trouble and expense incident to a 
fate, was with tho view of buying in under such sale, for the pur- 
pose of avoiding (he burthen of establishing, if it should become 
necessary, a long and complicated chain of proofs, upon which 
his titlQ depends. And if the granting of the prayer of the peti- 

te .yGoOgIc 

No. 184.] S 

tioner necenarily involTed legiilfttiva Banction of luch an employ- 
tnent o( the tax law, your committee would be conitraincd to ob- 
ject lo it. But when it U considered that the money, which waa 
paid by the petitioner under the miaapprebension before explained, 
belongs to the petitioner and not to the treasury, which had al- 
ready received all that was due to it from this land, by the pay- 
ment by Mr. Nelson of the purchase money on the tax sale; that 
the repayment of the money so erroneously received from the pe- 
titioner would Tirtnally cancel and revoke the supposed redemp- 
tion and leave the Comptroller liable to be called on to execute a 
deed to the petitioner in virtue of the certificate of sale so assign- 
ed to him, your committee have concluded that it will better 
comport with consistent legislation,' and relieve that officer from 
all embarrassment on the subject, to recommend the passage of 
a law, directing the repayment of the said redemption money, 
the cancelling of the redemption, and the execution of a deed to 
the petitioner, as the holder of the said certificate. 

It is suggested by the Comptroller in his report made to the As- 
sembly on this subject on the 16th January, 18S3, which will be 
found in document No. 37 of that year, as an objection, (and the 
only objection which occurred to that officer,) to granting the re- 
lief asked for in this case; " that there might be conflicting claims 
to the title of this land," — " that it is impossible to say that the 
tales-book showing such lot to have been redeemed on the ISth 
April last," (1833,) " was not examined by individuals interested, 
or claiming to be interested in such lot, between that period and 
the &th day of May after, being the expimlion of the lime allow- 
ed for redemption, and upon such cxaminalinn finding such lot to 
have been ledeemed, had left the office satisfied that their interest 
in this lot, so far as such sale was concerned, was not jeopar- 

It is possible indeed that there may be conflicting claims to this 
land, and that a deed to the pctiti <ner under the tax sale, may 
prejudice the rights of others; but there is not the slightest evi- 
dence before your committee of the existence of any such claims; 
on the contrary, it appears that the petitioner has held the land 
iever since 179*2; that in an actinn of ejectment he has established 
his titk to adjoining lands held under the same title as this land; 
that he has paid the taxes on this land for a series of years, and 
that the taxes for which it was sold were assessed lo him. Yet 

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oat of abondant caution yoor committee hare proTided in the bill, 
frhich they ask leare to ititrodiice, for the protection of the rights 
of nnk^wn claimants. 

The same petition alio aaks for the passage of a law directing 
the Comptroller to execute a deed to him of two hundred and se- 
venty acres of land, described as the south-east quarter of great 
lot No. 29, in the Hardenburgh patent, in the county of Sullivan, 
bounded north by Robert Hope's farm, east by Abraliam Roose's 
land, south by great lot No. 28, and west by lands of Lucas £1- 
mendorfl (except 40 acres in the southeast comer thereof,) which 
above described premises, the petitioner states he purchased at a 
tax sale ip April, 1830. received a certificate in due form of sudi 
purchase, which he has lost, and beeause he cannot therefore pro- 
duce it to the Comptroller, that office doubts hisauttiority^ under 
the existing law, to execute a deed. 

The facts upon which this application of the petitioner is found- 
ed, are so fully presented in the report of the committee on claims 
in 1833, which will be found in No. 201 of the Assembly Doco* 
ments of that year; in the report of the same committee in 1S3^ 
which wilt be found at No. 30 of the Assembly Documents of that 
year, and in the report of the Comptroller before referred to, that 
your committee forbear to burthen the journal by a repetition c^ 

The right of the petitioner to relief, upon this branch of his 
case, is clear; and the only quci^tion has been, whether the Comp- 
troller was not vested with power to grant the relief. He is 
of opinion that he is not. The committee of 1833 thought he 
was, while the committee of 1834 concurred with the Cwnptrol- 

These various opinions certainly show that there are well 
founded doubts of the present powers of the Comptroller over 
the subject; and as similar cases will be occurring, your commit- 
tee have concluded to recommend that the petitioner be reliev- 
ed by a general law, declaring the Comptroller vested with pow- 
er to execute deeds to any owner of a lost certificate, upon 
production of the affidavit of the owner of such loss, and such 
other evidence of loss and ownership, as may be reasonable. 

Your committtee, have directed their chairman to ask leave 
to introduce bills in conformity with the foregoing views. 

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No. 125. 


February 2, 1835. 


Of the Comptroller in -relation to payments to the 
Court of Errors. 

Conptiollbb's Omos, ) 
^IhttMy, Feb, % 1SS&. { 


The Comptrollor, in answer to a rcsolulion or the Atsembljr of 
the 29th January, which it in tho foUowiog words, .viz: 

" Bemlred, That the Comptroller be requcitcd to report to this 
House the expenses incarred and paid out of the treasury for, or 
«n account of the Court of Errors, since 4he last »cnion of tho 
Legislature, with the specific sums, items and amount paid to each . 
member, officer and servant thereof respectively, distinguishing 
the sum paid to each, and to whom and for what services, atten- 
dances, travel fees, expenses and charges, whatsoever the same 
may be:" ^ 

Respectfully submits the annexed statement, which shews the 
sums paid to the several members and officers of the Court of 
Errors since the last session of the Legislature. Two sessions of 
the eourt have been held since the adjournment of tho Legislature 
—oitM in the city of New- York, and the other in the city of Al- 
bany.- The sums paid to the several members at each senion, art 
given separately. 

[Aasem. No. ISS.] I 

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-Ttm ooBtlDgeat CTpeawi of the Court of Errortr tiDoe the list 
neetinft of tbe LegtiUture, cannot be ucertained in thii office, 
•eparate from the total amount of the cootiogeot expensei of tbe 
Senate and Court of Erron for the year ending on tike 80th of 
September, I8S4. 

ReepeetiiiUy aubnittod- 

A. a FLAG& 

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Shewing the sums paid from the State treasury to the 
members and ofiGcersof the Court of Errors* between 
the close of the session of the Legislature in 18S4^ 
and the 1st of January, 1835. 









li 00 
12 00 
IS 00 
12 OO 
12 00 
12 00 
12 00 
12 00 
12 00 
12 00 
12 00 
12 00 
12 00 
12 00 
IS 00 
12 00 
12 00 
12 00 
12 00 
IS 00 
12 00 
3 00 
S 00 
IS 00 


12 00 
12 00 

12 00 

13 00 
12 00 

SS 80 
24 00 
82 20 
75 0« 
94 80 
49 20 
08 40 
81 00 
148 60 

90 00 
78 00 
ISS 00 
112 60 
40 80 


86 60 
103 80 
M 00 
46 00 
90 00 
64 30 
66 80 
04 80 
46 00 
46 00 
46 00 
46 00 

at 80 

Bbemzer Mack, 

94 SO 
87 OO 

John G. McDowell 

Allan MacdoDald 

Charlei W. Lynde, 

loe 80 

66 20 
110 40 

93 00 
100 60 

12 OO 
102 00 

Myodert Vao Schaick, 

Jonah Fiik. 

Henry A. Foiter, 

John Griffin, 

Jebiei H. Halsey, 

1B4 60 
68 80 
13 00 
48 80 
18 00 
m SO 

116 80 
39 00 
48 00 

JohnC. Kemble 

Charlei L. Livingiton, 

Herman B. Cropsey, 

SamoelL. EdwanU, 

Thomai Armstrong, 

John W. Edmond^ 

John F. Hubbard 

Francii Seger 

Renben a^alworth 

64 30 
68 80 
76 60 
67 00 

Jacob Sntherluid, 

JohaF. Bacon, 

Janea UTiogatmi, 

67 00 

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Bennan B. Cropwy,. . 
John G. McDowell,.... 

John Griffin 

Jon«. S. Cooklin, 

Trumbull Gary, 

Peler Gansevoort, . . . . . 
John F. Hubbard, . . . . . 
Hyndcrt Van Schaick, 

H. I. Quackenbofls 

Jotiah Fiak 

ChariM W. Lynde,...< 
David M.Wettcott,.... 

Wm. H; Seward, 

Robert Lanaing, 

Sam'l. L.Edwardt,.... 

Frtncii Seger, 

John Sudani, ■ 


Allan Macdonald, 

Thomat Annitrong, . . 

Leonard Maison, 

John G. Slower, 

Jehiel H. Halaej, 

Alberi H. Tracy, 

John W. Edmondi, . . . . 

Henry A. Foster, 

John F. Hubbard, 

William 1. Dodge, 

John C. Kembls, 

Reuben H. Walworth, . 

Jacob Sutherland 

John SaTage, 

Joho F. Buon 

Junet LiviogttoD, 

Jamei D. Wanon, . . . . 

Itaae W. Biihop, 

Samuel Nelaoo, 

168 00 
141 00 
163 00 
163 00 
117 00 
loa 00 
144 00 
147 00 
141 00 
163 00 
163 00 
141 00 

138 00 
163 00 
111 OO 
163 00 
ISO 00 
158 00 
163 00 
163 00 
150 00 
153 00 
158 00 

169 00 

139 00 
136 00 

90 00 
163 00 
13S 00 
163 00 
163 00 
16S 00 
163 00 
163 00 
163 00 
133 00 
163 00 

51 00 
S3 60 
111 00 
61 00 
78 00 

45 00 

45 00 

46 00 
40 80 
S6 00 
60 40 
64 SO 
40 80 

48 60 
IS 90 

49 50 
63 40 
68 80 
34 00 
S« 00 
70 50 
06 60 

S 00 
33 00 
46 00 
48 00 

1 80 
11 40 

19 30 
19 80 

0,315 00 

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No. 12^ 


February 5, 1835. 


Of the committee on claims, on the petition of Gilbert 
D. Dillon for relief. 

Mr. M. H. Sibley, from the committee on claims, to which waj 
Inferred the petition of Gilbert. D. Dillon for relief, 

(That the peUUoner if an inhabitant of Kingaton, in Ulater coun- 
ty: that while enfaged a> firat lieutenant of the Ulster artillety 
and in obedience to ordeta from the AdjnlaDt.General, in payinj 
military honors ti) the memory of the late Goremor, DoWitt 
Clinton, then recently deceased, the accidental diachar^ of a can- 
non wounded hun so seirerely as to confine him to his room for 
many months: and that after a long and painful sickness, attended 
with bunhensome eipease and pecuniary loas, he was tnally left 
with an impaired constitution, with his right arm stiff and his ri(fal 
hand almost useless. For this injury, received while engaged in 
the perionnancc of a public duty, «ijoined upon him by lawfd 
command and, so far as appear., without culpable negligence on 
hia part, he asks relief "^ 

.s '^r^TJ"" ""^ " "^ ^"^ "• <»'™l»~l«t. by 
the aSdanu of Henry Tappen and J»»b K. Trumpbour, to whiii 
the committee refer. r , wi 

Assuming the case to be correctly sUled, uhI the committe. 
have no donbt it is aubetantially so, it ptnenu one of p«ai|i„ 
hardship on the part of the petiUoner, ind baa .pp..M rt™^, 

[Assem. No. 187.] ■ r>™- •■™«jiy 

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to their sympathies. Finding that the petitioner wasremedileis an- 
der any eziiting law, your committee have sought to bring his case 
within some safe general princii}le which would justify its favo- 
rable consideration by the Legislature. Your committee are all 
of opinion that the application is founded in justice; and some of 
them have not been able to distinguish Dillon's case, so far as bis 
claim to relief ia ooscen)«d> in point of principle, from the cases 
of revolutionary, invalid, or other pensioners, or from the claims 
of other citizens reeetving lojtiry to person or property, while en- 
gaged in the public service, and as the unquestionable consequence 
of being so engaged. It is thought, that the justice and validity 
of claims of this nature do not depend so much on the character 
or importance of the occasion in whioh they originate, as on the 
fact of employment in the public service, pursuant to the requisi- 
tion of lawful authority, and the actual execution of duty with 
reasonable care and discretion at the moment of receiving; the in- 
jury. In this view, and under all the circumstances of the caie, 
the committee have concluded to recommend his case to the favo- 
- rable consideration of the House, -and have instructed their cbur- 
man to ask leave to introduce a bill for his relief. 

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IVo. 128. 


January 23, 1835. 


Of fionr inspected bj John Lane, late Flour Inspector 
of the city of New -York and county of Kings. 

Report of John Lane, late inspector of flour in the city of New- 
York and in the county of Kings, from 33d February to lit No- 
vember, 1884. 

Htpteted tn JVt K. At. vaL per bbt. tSmount. 

SIT bbls. extra superfine flour, 95 50 41,198 60 

35 J '* " " 8 00 , 75 00 

833,888 " superfine flour, ... . 6131 4,319,581631 

30,351 1 " " .... 3 8U 86,080 03) 

15,370 " fine flour 4 871 74,485 181 

78 1 " " " 3 681 309 631 

11,935 " bad " 4 60 68,662 50 

831" " " 3 50 -307 50 

8,330 " fine middlings, 4 00 33,880 00 

6^549 " middlings, 8 60 33,921 60 

6,372 " ship ituffil, 3 75 17,523 00 

14,639 " rye, 3 85 49,040 65 

4,778 bhds. Indian meal, 15 50' 74,069 00 

18,190 bbls. " 8 50 68,665 00 

10 " buckwheat, 6 35 63 60 

101 " " . 2 871 38 76 

Tout. •4.894,666 311 

[Atsem. No. 138.] 1 



811,696 bbla. wheat flow; feM 1 eeal per bbL,.... WtTie K 

M>,4ST 1 " *• "I " 3M 37 

14,6»9 "rye, "1 •' .... 146 W 

10 " bockwbeat, " 1 ■* 10 

10 i " *♦ "I " .... 10 

4,T78 hhd>. Iitdiaa nefel. •* 8 ** Uid. ... . 143 84 

18,100 bblf. *• "1 '• bbl 181 00 

Weighing 14 bUi. tight, tt«ceb1i, 84 

Whole unount of feei, •0.49S 99 

DitbunenMDti for inapeciioo B,01S S9 

•4,480 60 

loipected in Kingi coonty <)uriog the yetr 1834, 4,S3S tkbb. of 
flour; fees for inipection, & eeati per bbl. ; received by Mi. Tboa. 
Cftrpenter, depaty iiupector for that eotuty, for hu emm^eonijitt. 
AnwHiot of fsM, •90.84. 

A detailed statement of diibunementi by the floor inipector of 
the city of New- York, from the S3d of Febraary to the lat ol No- 
Tenbor, I8M, tjb: 

C. p. Tappao, deputy ioijieetor, 81 monlhi, at •104.10 

permo. •8<0 90 

Daniel Brinkerhnfl; " 81 " at*104.18 " ft4ft 80 

James B. Oakley, for one month's services as inspector, SO 00 
John Marshall, from 33d March to Ist Nov. at •SO per 

month, 413 SO 

P. T. Chamberlin, SI months services as deputy, at^CO 

per month, ST& 00 

Charles J. F. T. Hendry, clerk firom March 1 to Not. 1, 

at 921 per month, ...'. 168 00 

For seven laborers employed at ^a week, 1,168 99 

William Cox, for charcoal frmn I Otfi March to SYth Aug. 67 S7 

Job Haskell, for charcoal from Oth Sept. to 36tb Oct . . S8 50 
Peter J. Nevins Ic Son, for 6 month* rent fi>r office, at 

•176 per year, 87 St 

SunoelWiUetlBfcCo. " "•60" S» 00 

' Westerrelt ABi^rt, " " VSO '> 36 00 

Carried lorward, • 

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N«. 1S8.] 3 

Brought forward, • 

JameiN. Oobb, ) ton Peach Orchard coal, Aprils,.... S 33 

Samuel B. Reevei, 1 ton ** " Sept 29, . . 6 00 

Martin fc Booth'i bill, for branda, gimleta, augurs, kc., 

from 23d Feb. to Ist Not., 306 81 

G. Higgini, grates for furnaces, from 36tb April to SSd 

July, incluaive 3 00 

Cartage, saw filing, saw files, &c., IS 01 

Stationary, one large leger, 918.50; paper, day book, 

cash book, &c., St 19 

Amonntpaid to R. McCarty for cedar bolts, plugs, patent 
balances, flour and com neai augurs, gimlets, brands, 
scratching irons, furnace kettles, splitting knires, saws 
and bucks, desk, table, chairs for office; offices, 17 
South, S53 Front and 88 D«y-streeta, with the priri- 
lege attached to them from SSd Feb. to lat Hay, fcc, 750 00 

•5,015 M 

I certify that I believe the above statement to be correot 

Aupecfor of JNotw, tfc. 
Jiita-rork,Jt»uaiy, lUft. 


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No. 129. 


January 23, 1835. 


Of C. P. Tappan, Inspector of Flour in the city of 

Report of flour inipected in the city of New- York, from No- 
Tetnber 1, 1884, to JaDUsry, 1835. 

Inipected in JV*. f. tSv, vai. per hbl. Amount. 

817,425 bbli. niperfine flour, 06 131 •1,626,S08 18) 

11,6411" " 3 811 88,740 81 i 

4,844 " fioe, 4 87) 20,689 50 

1,719 " bad, 4 50 7,785 50 ' 

49 1" " 8 50 182 50 

3,888 " fine middlings, 4 50 12,748 60 

3,803 " middlings, 4 00 0,813 00 

1,763 " ihip-stufi, 3 75 4,830 75 

8,565 " rye, 8 35 8,598 75 

1,715 bhdi. Indian meal, 15 50 36,583 50 

4,373 bbli. " .; 8 50 14,952 00 

39 " budtwheat, 6 36 804 75 

80 4" " 8 87J ■ 57 60 

Total, «l,76&,3ei 681 

830,377 bblf. wbeat flour; fees for inspection, 1 cent, •3,803 77 

11,600 J " " . " 1 >' 118 gQ 

Carried forward, •3,410 67 

[Assem. No. 139.] 1 

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4 {AmtmrnmuT 

Brought forwanl, •8,419 07 

3,989 bbtt. rye floor; foet for iQq>ectioB, 1 ceotr 35 S5 

I,71S hhds. iDdUn meal. ** S '« 51 45 

4,872 bbli. " " I " 42 78 

SO "■ buckwheat, '^ I " 99 

30 i " " *' I " 20 

Total amoont, *>a540 08 

3,355 53 

A detailed statemeDt of diabaraeaMiits hy the floor inspector of 
the city of New-York, from the Itt of NoTember, 1 884, to the lit 
of January, 1889, viz: 

D. Brinkerhoff^ ai depoty, fbr two months Nrvices, #1,384 55 

P. T. ChamberliD, " '* at 950^ 100 00 

Joho Marshall, " " " 100 00 

Charles J. P. T. Hendry, cleA, " at $21, 42 00 

Martin k. Booth's UH, for brands, gimteta, fcc 10 25 

G. Hif^ns* hill for grates for fomace kettles, 3 75 

V, J. Nerios's bill for two monthi oflSce rent, at •ITS 

per year, •• 17 

Sanoel Willetts & Co. " " at tSO " 8 88 

Wcsterrelt k Bogert, " " " •» e S3 

Stationary, 8 84 

Job Haskell for six loads charcoal, at #8.50 par load, 31 00 

Tbos. Conor, for one " .... 4 85 

N. SdioreoiBn, for 305 cedar bolta, at 25 cents eadt, 51 S5 

Filei^ filing saws, cartage, &c. 14 W 

Laborers for deputies and lawiog plug stufb 874 H 

Paid Thomas Laoe, administrator for tha estate of 
John Lane, late flonr impector, deceased, for toob 
for carrying on the buiiness of flour inspector, viz: 
plugs, oedar, bolts, brands, augurt, gimlett, fomaoe 

kettles, plug and coal baskals, fce. kc 150 37 

•2.395 53 


DigitizecyGOOglC 1 

No. IM.] S 

City and CotniTT or Albamt, bs. ) 

C. P. Tappan, of the city of 
New-York, being tworn, layi, that the wilhin ia a true and cor- 
rect report of the fioar inapected by him from November 1, 1694, 
to January 1, 1836i 

Sworn to thii 15th day of) 
January, 18S&, before me. { 

Hburt P. tfvamm, 

Commiuumer of Deeds. 

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No. 130. 


February 5, 1835. 


Of the committee on the petition of aliens on the peti* 
tioD of Patrick Rooney. 

Mr. Patteraon, from the committee on the petition of aliem, to 
which wu referred the petition of Patrick Rooaey, <^ the citj of 



That the petiUoner represents, that on the SSd day of Septem- 
ber, 18S4, he parchased of one Mary Moore, alioa Mary Murphy, 
one equal nodirided half of two certain lots of land in the first 
ward of the city of Albany, and paid her five hundred dollan 
thereibr: That the said Mary Moore, alias Mary Murphy, died 
in October last, intestate, leaving do lawful issue whatever. 

The petitioner further represents, that at the time he made the 
purchase above mentioned, he supposed the said Mary Moore, aliaa 
Mary Murphy, had a perfect right to sell and convey the said land 
above mentioned, but he has since learned that she was an alien, 
not naturalized. 

The petitioner, therefore, aika that a law may be passed releas* 
ing the right of the State to the said lands to him, the said Patrick 

The statements contained in the petition are verified by the oath 
of the petitioner before Anthony Oould, a commissioner of deeds. 
[Asswn. No. 180.] 1 

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After m full uiTMtigKtiOD of the Mibjeet, yoor committee an af 
ofNoioD, that in act tbouM be puwd io oooibrau^ to the fnjw 
of lbs petitioner, lad have directed thwr dttimwii toa^lMve ta 
introduce a bill. 

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No. 131. 


February 4, 1835. 


Of the select committee on the memorial of the in- 
habitants of Queens county for a new court-house 
and jail therein. 

Mr. Jackson, from the select committee, to whom was referred 
the memorial of sundry inhabitants Oi the county of Queens, pray- 
ing for the passage of a law authorizing the board of supervisors 
of said county to raise moneys to purchase a suitable site, and to 
erect thereon a new court-house and jail, 


That the memorialists represent, that the present court-house and 
jail of said coi^ty is a wooden building, and has been erected for a 
period of more than forty years: has always been considered ex- 
tremely inconvenient in its arrangement for the purposes for which 
it was originally erected, and, for a long time past, manifestly insuffi- 
cient for the safe keeping of prisoners confined therein; andnolwilh- 
itanding all the precautions of the board of supervisors, and the 
Qtmoat vigilance of the sheriff, escapes have, for several years paat, 
become alarmingly frequent. 

The memorialists further represent, that in consequence of the 
age and present condition of the court-house and jail; the increase 
of population and wealth in the county; the entire insecurity of 
the jail, and the improper location thereof, it has become almost 
indispensable that a new court-house and jail should be erected, 
better calculated for the due restraint of CTiminala, and more con- 

[Awem. No. 181.] 1 

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9 .[AnEKVLT 

Tottent in its locaUoa than the present building is capabk of being 
made. They represent that the site «f the present court4ioui» 
and jail is apoB the northern edge of the great Hempstead plains; 
has but few house* in its immediftte Betghborhood, and bnt one pob- 
Kc house, capable of aSbrding accommodations only to a small 
part of those who nually attend conrt Th^ adt to hare a new 
eourt-hoitse and jail erected, and that Ae same be h>cated in or 
near some considerable ViUoge dearest to the centre of population, 
thereby affording those necessary aecommodadons so desirable to 
all who are compelled to attend the courts; such a situatioo, the 
nemoridists represent the ritlage of Hempstead affords: the large 
and respectable public-houses established in this village can con- 
veniently accommodate as many as Dsnally attend Uie courts. 

The memorialists, therefore, respectfully lequest that provision 
' may be made by law, authorizing the board of supervisors of said 
county to raise, by tax vpon the taxable property of the aforesaid 
county, in the ordinary manner, any sum which they may deem 
sufficient, not exceeding ten thousand dollars, to purchase a suita- 
ble site, and to erect therecA a new courtrhouae and jair; and that 
they have power to seU and convey the present court-house and 
jail, with the land appertuning thereto; and further, to authorize 
the board of supervisors, should they deem it expedient, to pro- 
cnre the money which may be necessary for the purposes afore- 
said, or my part thereof, by loan, to be reimbursed in annual pay- 
ments, or otherwise, as to them shall seem advisable, and moat for 
the interest of Ute county. 

Your committee, in investigating' the subject, arc satisfied thtf 
the representations of the memorialists are correct That the 
building now used as a court-house and jail, is in a poor, weak 
condition, unfit for the safe-keeping of prisoners; and not being 
aware of any very serious opposition to the wishes of the memo* 
rialists, they are, therefore, <^ the opinion, that their prayer should 
be granted, and ask leave to introduce a bill. 

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No. 132. 


February 7, 1835. 


Of the committee on colleges, academies and com- 
mon schools, on the memorial of the trustees of 
the Mount-Pleasant academy. . 

Mr. Wetmore, from tho committee on coltcgea, Academics and 
ctHnmon schools, to whom was referred the memorial of tho tms* 
tees of Mount-Pleasant academy, 


That the memorialists ask to be relieved from liabilities iaearred 
in the purchase of marble, and other building matcriaJa, from tho 
State quarries and prison at Sing-Sing. The circumstances under 
which the contracts were made, and the causes which have led to 
the inability on the part of the trustees to fulfil their engagements, 
are minutely detailed in the memorial which is annexed to, and 
forms a part of this report. 

The committee are fully aware of the importance of guarding 
the avenues to the treasury, and of avoiding every unnecessary 
appropriatiiHi of the public means. The case under consideration, 
however, is one of peculiar hardship, and appeals strongly to the 
Legislature for a liberal exercise of its powers. The embarrass- 
meats from which the memorialists desire to be relieved, have 
arisen in the performance of public duties, interesting and impor- 
tant to the community. The committ«e believe it to be a wise 

[Assem. No. 1S3.] 1 

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dnd just polic]'' that seefct to encourage the eflbrts of enlightened 
and philanthropic citizens in the cause of edncation; they have 
cone to th« conchision, therefore, that the prayer of the memorial- 
ists ought to be granted. Leave is aceordingly asked for the intro- 
dnction of a bill. • 

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or the trustees of Mount-Pleasant Academy, in the 
vUlage of Sing-Sing, Westchester county, for relief. 


The memorial of the trustees of Mmint-Flcaiant Aradeniy, in 
the village of Siiig-Sing, county of Wcttclictter, rcipoclfully ihew- 

That your petitionert have, for a number of yean patt, been 
assiduiiuily enfjagud in rearing and maintaining a literary institu- 
lion, that might eisentinlty aid Ihc causG of Itleraturu and soienco 
ill our fnvored country: That under the smites of Providence, 
tlieir academy hna been rising and its pupils multiplying, until the 
Uuildings heretofore occupied by the institulinn had become whol* 
iy inadequate to their comforiuble accnmmodalioR. 

In anticipation of this result, your petitioners were eonitrained, 
two yevra ago, to make arrangements for more enlarged n^com* 
modations: and for this purpose, they purchased a largo and cligi> 
ble lot of ground, and entered into a contract for the erection 
thereon of a large and substantial cdiflce of rou;E:h ttone, whereby 
thev became responsible in iho amount of 12.t>0Q dollars. 

'j'he foundation of this building was unfortunately laid in the 
full of the year, and not being sufficiontly defended during the siie- 
ceediag winter, just as the walls were completed to (ho height of 
three stories, about ono^uarter of the building actually fell to iho 

Upon this disoslmns occurrence, your petitioners, having no con- 
fidence in the foundation, were utterly unwillino; to have th : ruins 
repaired, and to avoid all legal coniroveny with the eontrnctor, 
Were induced to enter into a new coDlract, whereby they sultjecl- 
od themselves to additional rcsponsiliililies, for the sake of having 
the entire walls taken down, the foundation removed, and the 
whole building commenced anew. 

This has been done; and although the work was necessarily de- 
layed beyond the time first contemplated, whereby your pctilion* 
ers have lost about a half year's income of the premises, the build* 
ing is completed, and has been occupied by the instiiutioo sineo 
the last spring. 

The moans by which your petitioners have bacn enabled to ac- 
complish, thus lar, this great undertaking, under these peculiarly 
discouraging circumstances, have been, in addition tn the avnjl; nf 
their foimor loU and buildings, the voluntary subscription of them- 
selves and others friendly to tho object, and a permanent loan of 
•3,000^ the interest of which is provided fur out of tho renu of 

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fhe pTcmifCii; and it rs cnnfidentljr cxperted that the priodpa) wiB 
be gradually reduced by the same and other meaus. 

But in bringing ihcir nccoants to a close, yonr pctitioncn find 
•omc demands ngninst them which they have no available means 
of rfiacharging. Among these, they woald beg Icare to stale, is tt 
demand due to the State Prison in this village, amoBnticg to 
•1U6.7I, priiidpntK- for additional stone, rendered necessary by 
the entire rebuilding of the wails. And yonr pctititvocra would 
further ciRtc, that m the progress of the worfc, one of their oom- 
bcr, irho bad preriootry contributed liberally to the erection of 
the building, was induced to become penonally responsible tn the 
agent of the prison, in the amount or 9300, for matcrinia previous- 
ly furnished for the acndcmy, and which ho hns paid lt> the agent, 
wiih tlie expectation that the trustees would be able tn indemnify 
him, and discharge afl other demands against them; but the latter 
tiicy arc unable rodn, ns the payment of thesiiid sum leaves ihcin 
in debt to other individoals lo about the same amount, and desli- 
tntu of any means to meet them. 

Yogr pctilioDurs, therefore, respectfully, but earnestly pray, that 
in view of the pccnKarly trying circumstances under which ihcy 
they have pmscculvd this laudable cnterprizc, not for their indi- 
Tidual advantage, Imt for the benefit of oar common country, your 
honorable body woiHd pass an act, exonerating them from the pay- 
ment nf saidflcbt of •iO0.71, doe lo the State Prison, and (nr tfao 
refunding of (he said 8800 paid by one nf tlicir number to ihc pri- 
•on, for materials furnished in the buikling of their academy, and 
for which thny nre ac(»iuntal)lc. 

And your pclilionera would respectfully add, that much as they 
need (he sympathy and nid of yoar honorable body, ibey would 
not have presumed to prefer this rc^^oest, were the State Prison 
now, as in fornwr years, dependent on appropriations fmm the 
Slate lor its sm-cessfui opcraiion. But having learned with plea- 
sure, from the report of the inspectors nnd agent, that, for thu last 
two years, it has nr)t only unstained itself, but haaactualk yielded 
several thousand dollnra of surplus revenue, your peiitiiiners are 
indutrcd ii> look with confidence to this source, as the means nf m- 
li<)f from Iheir prcsttnt embarrassment. And they would iHke the 
lihcny of stating another ciministance, which may entitle their 
petition In a favorable consideration: that a considerable portion 
of Ihii debt hns been incurred for stone on which little labor was 
bestowed after its removal from the quarry. 

Untlcr Iheso circumstances, rour petitioners appeal to yonr ho- 
norable body for that rc-lief wbieh. If granted, will materially a\- 
levinle their emlmrrussmunt, and encourage and asoiat them in ihcir 
patriotic enterprizc, while it will not diminish the ability of any 
existing institution. 

AARO.X WARD, Snnhfrg, 
Of the truiltiei of Mounl- 
Pieatant ^ademg. 

Smg-a^, Dte. 2», ISS4. 

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No. 133. 


February 7, 1835. 


Of the committee on claims, on the petition of Solo- 
mon DaTis for the conveyance to hun of lot No. 31, 
in the « two mile tract." 

Mr. M. H. Sibley, from the committe on claimi, to which wai 
referred the petition of Solomon Davis, with the affidavits and 
certificates thereto annexed, 


It oppean that the petitioner, in 1833, settled among the Oneida 
Indians as a religious teacher, residing on lot No. 81, on the " two 
mile tract," then belonging to the snid Indians; and that he so 
continued until the summer of 1633, when the Inst of the said In- 
dians migrated to Green Bay: that the good offices of the petition- 
er were rendered in promoiing the policy of the Slate, in procur- 
ing the emigration of the Indians, and that in order to encourage 
the same, he went with them at his own expense. It further ap* 
pears, that the snid lot Xo. 31 was, in 1S34, as part of a larger 
tract, bought and paid for by the State: that in 182fi, the Legisla- 
ture authorized the Indians to exchange other lands for the said 
lot, that a missionary might continue to reside thereon; and al- 
though such exchange has never been in fact made, yet the peli- 
iioner has been permitted, by the successive Governors of the 
State, to continue on the said lot, with the assurance from the lata 
Governor Throop that he would be paid for hit improvements 
Uwreon: That those improvements are worth several hundred dol- 
lan, and the petitioner still occupies the prembes. 

[AaMm. No. 138.] L 

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He A^ki for a law directing payments for his imprDyemeDts oat 

of .the State treasury, or that the laad may be conveyed to him, 
npon his paying to the State the fair ralue thereof prior to those 

Accon^anying the petition are two affidavits— one by Stefdieo 
Parkhurst, and the othor by Erastoa Stoddard; and tw» eertificatet 
—one of which it signed by J. L. WilliamSr Jobs Smith and TV 
mothy Jsnkins. 

Stoddard testifies that he built a bam on die lot in ({ueation in 
1881 for the petitioner, which cost 9310. Parkhurst, in his ^da- 
vit, estimates the improvements, including buildings, feaeing, o^ 
diard, clearing, &c at upwards of #700. The certificates corro- 
borate the general statements of the petitioner; and that of Mr. 
Savage, who was some time a member of this House irom Oneida 
eounty, confinns the fact, that an assurance was given by the late 
Governor Thnx^ to the petitioner, that he should have the [m- 
emptive right to the lot; and that the petitioner accot&paaied the 
Indians under his car* to Green-Bay. 

Upon viewing the whole case, the committee unanugsoasly re- 
commend the passage of a law, providing for a just appraisement 
of the said lot No. SI at iis present cash value, and of the iat' 
provcments made thereon by the petitioner, and the eonveyance 
of the land to him upon his paying snch value, eiclasir* of the 
value of the said improvements; and have iDstruciod lh«r cfaaic- 
maa to ask leave to introduce a bill to this effbcL. 

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No. 134. 


February 7, 1835. 


Of the Commissioners of tlie Land-Office, on the pe. 
tition of S. Newton Dexter; 

The Commisuoners of the Land-Office, to vhom ynt referred, 
by the Asaembly, the memorial of S. Newton Dexter, mpectfol- 


That on the'29tli day of July, 1813, Seth Capron' procured 4 
loan of money from the people of this State, and to lecure the 
payment of vhich, he executed two certain bonds and mortgagei 
— the first being a mortgage on lots Nos. 6 and 7 in the .Sedaque- 
da patent; deKribing lot No. 6 ai containing 109 acres, and No. 
7 ai containing fl7 acres. The premises were te secure the pay- 
ment of #3,291. The second mortgage and bond, to secare the 
payment of 98,709 and interest, were executed likewise on the 
said S9th of Jely, ISls; for lots Nos. I, S and S in the same pa* 
tent Lot No. 1 was described as containing 831 acres; lot No. 
3 as containing 78 acres; and lot No S as containing 70i acres of 

The mortgaged premises contained in both were sold oo a fore- 
closure by the Attorney-Genera!, on the 1st June, 183B, and bid in. 
by him, and on the 1st August following, he released the same to 
the State. 

The C<Hnmissioners of the Land-Office, on the S7th January, 
1838, appointed William G. Tracy and John D. Nellis eommitsioD< 
[Aasem. No. 1S4.] 1 , 

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flra to tppniie Um ■everal lots bo purchased, who, by a cerliSeati 
bearing date the 23d day of February, 1820, reported lot No. 1, 
eoDtainiog 831 acres, worth t20 per acwv. 

A certificate of parchase was given by Simeoo De Witt, Snr- 
veyor-Gcneral, od the 3d day of January, 1828, to tbe memonal- 
iat, S. NewtOD Dexter, for said lot No. 1, for the lam t^ (1,075; 
and it described in said certificate aiheiog *' AU that certain piece 
or parcel of land situate in Deerfield, in the county of Oneida, 
and which is known and distiaguished by the name and descriptioo 
of lot number one, in the division of great lot number two, on the 
north side of the Mohawk riTer^ in the S«dai}«eda patent, accord 
ing to a map and field book of the said great lot number two, 
made by Charles C. Brodhead, lurreyor, in the year 1804, an 
containing eighty-three acres and three-quarters of an acre, be the 
tame more or leas." 

On the S5th November, IS33, (he memorialist paid In full tbe ba- 
lance of principal and interest duo the State, and on the SGth of 
tbe same month, received lutters patent for the same 

The allegation of the memorialist is, that he has paid for 831 
acres, whereas, by a subsequent survey, and from the presenta- 
tion of the map made by Charlos C. Brodhead in the year 1804, 
(which map is herewith presented,} it appears ihat hii lot etuitaJns 
only 811 acres. 

The State having derived title to the prcmisea by and nnder the 
mortgage of Seth Capron, and finding no official survey, map or 
field-book iberci^ in the Survcyor-Gcoeral'a oSoe, we presame 
none wero made. The description in the oenificats and patent to 
the petitioner were taken from the mortgage of Capron; and tbe 
petitioner paid tbe price of 831 acres of land, at 9S0 per ncrc 

Respectfully submitted. 

Commissumen oftkt Ltmd-Ofet. 
ABrvoryT, leU. 

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No. 135. 


January 39, 1835. 


Of the Ccaomissioners appointed under the ««act con- 
cerning State Prisons.*^ 


The Commissioners appointed by his Excellency the Governor 
under (he act concerning State Prisons, passed May Sd, 1834, re- 
spectfully suboiii to the Legislfituro the following 


. The \ayr under which they derive their power, requires them to 
examine into all matters relating to the gooemment, economy and 
discipline of tke State Pritona of this State, and into tke manner tit 
which the convicts are employed, and the mechanical trades and other 
■ labor carried on in the said prisons. They are also required te 
eoport to the Legislature at its next sesaiou, whether any, and t^ 
any, what alterations or improvements may be made in the govern- 
ment or discipline of the said prisons, and also as to the expediency 
of teaching mechanical trades to the convicts ; and also whether any, 
and if any, what mechanical business carried on at either of said 
prisons, ought to be discontinurd by reason of its injurious competi- 
tion with the labor of mechanics or artixant out of the prisons, or 
for other cause. < 

For these purposes the Commissioners were authorized " to ex- 
amine the Inspectors and agents of the State Prisons, and any other 
[AsMm. No. 1S5.} I 


9 [AsasMBLT 

ftnoK or ptnona iq>p«aiiog before them on oaAt" fce. Tb» 
CommisBioners woob after their appointment, proceeded to uiTesti- 
gate the subject committed to theiv cfaaitge^ly)' a p&rsoniil JDspection 
of the State Prtsoos, and by an examination on oath, of the difie- 
lent officer* of the prisonsr and aJso of auch citizens as voltuitariljr 
appeared before them, or attended Hpoo Ae written reqaeat <^ the- 
Commisaiooers. They have erperiesced from all' persons with 
whom their investigation has led to an intepcoune, a disposition to 
promote their wishes^ and to facilitate their inquiries aod afford 
the necessary means of iofbrmatioc. 

They have collected a otas* of testimoay on the sabject, whidk 
is herewith submitted. Some of this evidence is interesting and 
Taluable, while other parts of H may appear of tittle conseiiuence, 
but which is derived from persons so situated that the Commission- 
ers Icit tbenisetvcs required to ezatniDe them for the- purpose of 
ascertaining the true state of the natters respecting which the ex- 
amioations were made. The ComBMuioners have also caused to 
be prepared, statistical tables of information shewing the condi- 
tion and circumstances of the class of persons at present subject 
to the discipline of the State Fris<His in this State, io order that 
the Legislature may the better judge what laws are necessary or 
expedient to prevent the conuniasion of crime. 

The law under which the Commissiraers were appointed is ge- 
aernl and comprehensive in its terms as to the subjects of inquiry, 
aod they are conscious that in an investigation of such moment, 
more time than they have been able to devote since their appoint- 
ment oifght to. have been taken to enable them to look into the 
experience of their own and of other States and governments, 
and to examine the learning with wlu6h the subject abounds, and 
apon mature reflection to form opinions and reduce ifaem to the 
form of a report with a view to the action of the government up- 
on iL The subject of legal punishment for offences against 80cie> 
ty, is one of exceeding interest, and has engaged much of the at- 
tention of legislators and philanthropists in times past; it has more 
especially within the last feW years been a matter of much solici- 
tude in the science of government. 

Among other important results, those who have had the most 
experience and have best examined the subject, have become satis- 
fied that old ofieodsrs who were really vicious and accustMned to 

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^rime, rarOjf r^orm vnder my xtefs «f jmfim JifcJpKiu; and Tni^ 
«her, tttat aisociatioo among cmricts natei bad nea worse, and 
tendfl to eradicate and dcsti-oy whatever oi'good prtodplea remaia 
«iiioDg 4be Je« criBunal and hardeoed tubjecta of pDnisbmeot. 

That State Pritoiifl «ad penitentiarioa ahould prod«c« crime in- 
stead of preventing it, may ba'a new and sUrtling idea to thoae 
wboae atteotion has not be«i given to the uibjeot: But that'such 
wai the fact under the prison discipttae formerly existing in this 
JState, and whidi sttil obuina in some of the other States and in 
most of our county jails, is a truth of which every individual may 
satisfy himself vpon invesligatioo. This is an unnecessary stale 
of things, and is only contiDued for want of information. 

Imprisonniant as a punisbmeot thnli. abeat/M be toUiaty; in the 
wicked and corrupt it prevents them from teaching others — ta 
youthful and venial ofienders it leads to reflection, penitence and 
virtuous reformation — it may be severe, but it is salutary severity-. 
To the innooent before trial, it is certainly desirable to enjoy the 
aatisfactioa of conscious rectitude in solitude, rather than to be a*' 
sociated with felons and miscreants for eompuiHMiB and bed Set- 
lows. By confinemeBt in s<rfitude, the offender against the happi- 
uesi of society is deprived not only of the power of repeating bit 
offence, but of the advantagfis of a situation of which be has proved 
himself unworthy, while the mind, that gift of heaven, is left free 
to measure out in its lonely reflections a degree of remorse and 
suffering proportionate to the offimce committed, with infinitely 
greater certainty o( adaptation to the extent of moral guilt, than 
any human tribunal can arrive at Solitude must however ba ao^ 
compaoied by labor, so as to give some reflection to the mind and 
activity to the animal functions; and experiments have proved 
that if too long continued withont labor, it will not fwly destroy 
the health, but will actually impair the mental faculties, and finaK 
ly terminate in idiocy or death. Mord and religions inatmctioo 
are also great assistants in producing reformalioD, in that class of 
convicts from whom such a result, under any ciTcnmstanoes> may 
be expected. Tbey set the mind upon the right train of thought, 
and tend to prevent utter .despair and wretchedness from holding 
the object of puaishnMit up to Us own view as beyond iutpe or 

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4 [Ai 

h u thi* principle of loHtarj/ csnJinemeiU mtk labor and intlrmc- 
tioM, upon which the ditcipUne in our SUtt« Prisons is based. The 
BoUtude at night is entire, and though the convichi work t<^tber 
in the day time, it is ia sileneo and without intercoramuDicalioo; 
and 18 as great a degree of solitude as is consistent with iheir con- 
T«nient and profitable employment, and with the immediate neces- 
wties of life. Under the system adopted in this St^e, -we may^ 
ftom' iu general harmony with the philosophical pijnciple of labor 
t» aolUude, assume the riews of those by whom it was 6rst intro- 
duced. Whether it would not be better if there was no departnre 
from the principle of entire and absolute solitude, and if our pri- 
sons were so organized and constructed as to have the convicts do 
their labor, and have their .necessary wants supplied each in hit 
"own cell, is perhaps a question to be hereafter settled by experi- 
ence. The penitentiaries of our sister State, Pennsylvania, are 
so constructed. Tlie prinoiple of solitary confinement with labor 
and instruction, is there fully developed; punishntent by the inflic- 
tion of stripes is not used, and the officers of the prison and oth- 
ers, the friends of the system, are entirely convinced of its prac- 
ticability and of its superiority over every other system. 

The Auburn system, generally so called because it was first 
adopted in this State at Auburn, and by which. name we refer to 
the prison system of the State as existing at Aaburn and lUouul- 
Pleasant, has been however more generally approved and adopted 
by those who have been led to inquire into iL 

State Prisons have been rocently constructed on the Auburn 
plan in the States of Maine, New-Hampshire, Vermont, Massa- 
chusetts, Connecticut, Maryland, Tennessee, Kentucky, Missonri, 
Illinois and Ohio; also in Upper and Lower Canada, besides nu- 
merous city prisons and county jails. The propriety of non-in- 
tercourse among convicts is now so well established, as to be no 
longer a question. The Auburn plan has tried and well settled 
advantage's over all the old prisons. This State has had the honor 
of bringing to a high degree of perfection a penitentiary system 
which, though not new in principle, was little known or practised, 
but which from its practical results here, has excited the attention 
and admiration of philanthropists and statesmen both in this coun- 
try and in Europe. By its great advantages in economy of ex- 
pense, and in its salutary effects upon convicts, it has produced aii 
entire refonnatioo in the prison discipline of the United States^ if 

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Ho. 18S.] ft 

not in the world. It becomes us under this slate of tbiogs, to be 
■till foFomoat in bringing the system to the highest possililo state 
of perfection, wliile at the same time we should be carerul to do 
DothiDK to impair its usefulness. 

The Commissioners are required to investigate and report upon 
two distinct questions — the first of which embraces the whole peni- 
tentiary system, and is in reTerence to the discipline, economy and 
government of the State Prisons> They have scrutinized with 
some care these matters in both the State Prisons, and while they 
accord to the present msnageis of those institutions groat praise 
and credit for the high degree of discipline and good order pre- 
vailiog in them, and for the general ezceltence of their respective 
administrations, and give their testimony to the talents, integrity 
Mid entire devotion to their duties, of the respective agents, they 
still feel called upon to stato with entire freedom every defect or 
erroneous practice, by the removal or obviating of which our pc 
niteotiaries may, in their judgment, be in any respect improved. 

The first important observation that arrests their attention, is 
the circumstance that there is a manifest difference in the two pri- 
sons, in the effect of the discipline, intended to be similar, upon 
the minds and feelings of the convicts. This difference fias been 
before obsorvcd by official persons, as well of this State as of oth- 
er States, and by foreigners, who have referred to it in their wri- 
tings. In looking for the causes of this difference, it may be 
traced in part to the fact, that the laws under which the two pri- 
sons are governed arc different from each other in some essential 
particulars, and neoessanly carry wiih them a different spirit of 
government and discipline; and in part to a want of froquenl in- 
tercommunication between the officers of the two prisons; and to 
part also to the individual character of the respective agenU. 

At Moant-Pleisant the agent appoints his deputy and all the UQ- 
der keepers. At Auburn the inspectors appoint those officers. 

At Mount-Pleasant the agent in practice fixes the salary of the 
B3veral assistant keepers, subject to the general regulation, that 
they shall not average to eiceed •500 each, though by the letter 
of Uie hiw this is the duty of tbe'inspectors. At Auburn the sala- 
ries are fixed by law for every officer. 

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Tb« loifwcton of tbs priion «t HouBt-PlatMUit node at « £«- 
tance, and only make riiiti at atated perioda with conaidarvble ia- 
tervala, and the practice haa been* that many trf* the powers vest- 
ed by law in the Inipecton, are in fact ezerciaed by the agent 
He Diakea the contracU aod ia entrusted with, and has the wrfaote 
goremmeot and dir«cti(n of the prison and its ofl&cera, aod ii 
rarely controlled or interfered with by the Inspeetora. At Au- 
burn the Inapectora reside in the immediate neighborhood of the 
BTWOD, and are in habits of daily intercourse with the hgent; and 
all eontracti and important measures are made under their imme- 
diate supervision. 

At Mount-Pleasant ao person ii adnoitted into the priaon to aee 
tite eonricta bat by special permission of the agent, asd this ■■ 
only given to those baring business or seeking informatioDt and i« 
not intended to be promiaeuons or genefal. At Aobura all per- 
aoos who choose visit the prison establishment by paying twenty- 
five oenta. Ita government is consequently in some degree tmder 
public observation, and subject to the moral influence of public 

The individual views of the agents are also somewhat diflerenL 
The one relies almost entirely upon a rigid penal discipline eik- 
forced with a strong arm. The other brings to hit aid, in a greater 
degree, a moral influence upon the minds of convicts. 

The chaplains' duties are not peiformed alike. At Auhnm this 
officer has a room in the prison, and hit whole time it devoted to 
the iRiprovement of the moral condition of the convicts, aod be is 
the confidant and adviser of the agent At Mount-Pleasant the 
chaplain resides in the village of Sing-Sing, and only visits the 
prison at stated periods for the diicbarge of his duties. 

These discrepancies in the penitentiary system of the name 
Stale, ought not to exist; one or the other is the better system, 
and probably both may in some respect be improved. 

The government at Mount-Pleasant is in a high degree vested 
in one man; that at Auburn partakes more of the rept^tUcan cha- 

The difference between the two prisons in respect to oorporeal 
paaishowot, is not as great as has been generally sa{^>oa«d, and 

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No. in.} T 

from the compftrueo of the nportt of i1m ksepen ai to the amount 
of flogellitiott actually inflicted, the Commiuioaen belicTO there 
is very little difibrence between them at this time. 

At the MoHDt'Pleaaant prison some recent relations adopted 
by the Inspectors have bad the effect to diEQinish the amount of * 
whipping without impairing the discipline. In a government 
' where all power is in efiect vested in a single individual, and his 
directioa is the law of the place, the whole discipline and econo- 
my becomes moulded to his peculiar character and views; his mind 
pervades the entire system. 

The CommissioD^ra are of o[Hoion that sufficient atteotion is 
not given in the practice of discipline to the operation upoo the 
minds and feelings of the convicts: That it is not properly appro* 
dated, that convicts are, like tho rest of mankind, most efiectual- 
ly governed tttrough the means of their menial faculties; that 
they are capable of reSection and judgment, actuated and impel- 
ied by the passions, influenced by hopes and fears, moved by 
stripes to anger and revenge, and entertaining even there, if pei>- 
■nitted, pride and ambition. True they arc sent there to receive 
the punishment adjudged by the law for their offences, and are 
continually reminded of it by their humbled and abject condition, 
and their entire subjection to the Will of their keepers; hut the 
keepers have no right to add to the punishment imposed by the 
law; the prisoners are under their charge merely for the purpose 
of safe keeping ac^rding to the rules of the prison; and instead 
of having complaints heard with a stern aspect, or treated, with 
apparent indifference, or answered as is someiimes done by a re* 
ply that they were sent there to be punished, they should be lis- 
tened to with kindness and attention. They should be led to be- 
lieve that their sufferings are not aggravated, but rather alleviated 
by their officers, they shouM attribute their degradation to the 
strong arm of the law, andnot be made to feel that their deepest 
suffering is the effect of petty tyranny. Their submission to dis- 
cipline would not be impaired, but rather improved by these 
means; the effect upon their minds would be salutary, and the hopes 
of reformation would be promoted. 

It has been assumed that a greater degrae of severity was ne- 
cessary at the prison at Mount-PIeosant than at any other, in con- 
sequence of its convicu being generally of a worse character tiao 

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thoM of other priMm, from the great aninber of desperate vit- 
latnt lent there frofn New-York. That clan of meo ara cfaieflT' 
pcnoni of comiderable iotelleet, and tboee more readily rabmii 
to power beyond their control. The worat men oat of priaon are 
not alwaya the wont in priami. It ii the dull animal being «ith 
but little mind that makes the wont subject in prison. 

The CommissJouen by no means recommend any relaxation io 
discipline, nor do they conceive such would be the necessary re- 
sult of the course ihe} suggest The character of a keeper should 
anile in an eminent degree the qualities of humooity and sympa- 
thy with human luflering, with great firmness and decision of cha- 
racter. The assistant keepers, under the strict discipline of our 
prisons, necessarily possess great power over the convicts in th«r 
immediate chargo. No human being should be placed in power, 
with sbsolule control over his fellow men, without a check or re- 
sponsibility, in some form, to some other tribunal. Public opiaioo 
alone may exercise a sufficient restraint in cases where the abuse 
is exposed to public observation. Under iheso views, briefly ex> 
pressed, the Commissionen recommend the following changes in 
the law. 

The Inspectors at the two prisons ^ould be alike in nomberand 
in their powers, aud a majority should reside in the immediate vi- 
cinity' of the prisons. 

The agent at each prison should have the appoiolment of bis 
own deputy, it being essential to ihe harmony and good order of 
the prison that a high degree of confidence should subsist between 
these two offiiyn: The ygcnt should also have the appointment of 
the guard. 

The Inspectors should have the appointment of the assistant 
keepers, and the annual regulation of their salaries, subject to a 
general average limitation of say (500. The Inspectors should 
hold frequent meetings; as often, at least, as once a month. 

The office of chaplain under our system is one of much impor' 
tance, and may be made of great use, both in reference to the 
discipline of the prisons and the moral reformation of the convicts; 
be should enjoy in a high degree tlie confidence of the Inspectors, 
and should be a kind of medUlor between them and the oonvicis. 
The Commissionen would suggest that his duties shouM be ex- 
tended, and, to a considerable degree, defined by law. They 

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No. ISk] • 

^frouM Mika h the ehfti^ui'« duty to 4mwo*» his whoW Inb* to tfat ' 
yriaMi aarf it« ooncerDS^ 1w «baald Kara a room or office va the pri> 
«<H); Ire ihoUd UoU comtant intercoorae with the mnncta, aad 
he looked «poa by ^tem aa their frieod, and ahouU alae be the ait 

▼iser and coofidant of tfie afettt. Beaidea bia religioua duties 
which might be left to his discretion, he «ho«i1d be required le 
Iteep a regMtcr of the conduct, cbaracter and puntshmenta of aH 
the convicts in the prtson; and while a perfectly good tindentand- 
ing should >e maintaioed between the chaplain and agent, the for- 
mer abould be hidependent of fhe tatter, aa far as possible, con- 
sistent with the police of the prison. The keepers should atl re- 
port every morning in writing the severaJ pmiishnients inflicted by 
them the day before, with ^c name of the convict, a particular 
•tatement of the oSence and the number of stripes inflicted. The 
-chaplain should have the inspection of these reports, and rmie un- 
der each date every case of punishment; and it should be his duly 
at the first cemwnient opportunity and within a short period there- 
after, to see and converse alone with the convict punished, and 
make oote also of luc^ conversation, and of the apparent efle^t 
upon each oonvict. His register should bava an index in which 
should bo entered ia alphabetical order the came «f every con- 
vict, with a reference to the page where it was registered. This 
register should be laid before the Board of Inspectors at each 
meeting, and should be carefully preserved. ]t should likewise be 
made the duty of the agent, or bis deputies, to keep a daily journal 
of the police, in which should be entered all police rules, and his 
private memorandums of the state of discipline, and a brief state- 
mem of e¥«ry infraction of the rules by the sub-keepers, and of 
their omissions to preserve proper discipline among the convicts 
whenever such cases come to his knowledge, and of all complaints 
made to faim by prisoners of want of etothing, of bad food, being 
over worked, and of ill treatment by the sub-keepers. This joor^ 
Dai should also be examined by the Inspectors at- every meeting, 
and should be preserved. The chaplain should be a man of talents 
and philanthropy and devoted to his calling, and should reeeive a 
salary guAeieni for his maintenance. no reasoa why the ofi&cers of the State Prisons sbmjid 
not have their official conduct subject to inspection and scrutiny, 
like all other official persons; asd while this plan would subject 
them to some degree of rsstraiat, they woiUd h«ve no r^ooo to 

[Assem. No. IS5.] 2 


!• [Amskblt 

feaf eemare {f tfietr dutnsa were vtriellr performed'. Betides oth- 
er advant«ges, sutth ■ courtc would aSori a rduablc fnnd of infitr- 
mation to tho Intpecion- Mid others concerned, and the abort upace 
of lim* daibf devoted to their joumala could be eaaily spaced bjr 
tho seveFol officen. 

The ComfniHioncrt arc- persuaded that lite adoption of these re- 
gulations would in a short time be the means of bringing our peni- 
tentiary discipline to a hi^ state of perfection. Fermilling the 
prisons to be scca by visilerSr has also, in tJicir opinion, a salutary 
cficct; aud they would recommend having the practice ia re> 
s))cci of the Auburn prison adopted at Mount-Pleusant At Au- 
burn, visiters in general ar« not permitted to be seen by the con- 
victs, but pass through blind alleys constructed for the purpose of 
enabling those placed there to watch the convicts without being 
themselves seen. These alleys are adopted to a partial extent at 
the other prison, and are very useful in maintaining a strict disci- 
pline, as neither convict nor keeper witbia the room knows whcik 
lus is observed by unseen eycsv 

Notwithstanding the soninry confinement by night, and the 
watchfulness of keepers during the day, communications between 
tlie convicts are not entirely prevented, Titc Commissioners as- 
certained to their satisfaction, that Httle items of tnteHigcnce oF 
particular interest to prisoners are soon communicated to ihcm; 
and instances of discussions upon abstract opinions have been as- 
certained to have taken place. 

The prison buildings nrc all substantial, well eonstmcted stone 
edi6cci, calculated for strength, convenience and durability. That 
containing the cells at Mount-Pleiisant particularly is a noble struc- 
sure, covering under a single roof lOQO cells. These ace con- 
structed iuan inner buHding, entirely enclosed wlWiio an outer one 
of larger size. This was built after the Auburn prison, and was 
Intended to be an improvement upon that, but in one respect the 
Commissioners believe the change was a bod one; that was in 
placing the iron grating doors of the cells Sush with tlie outer sur- 
face of the wall. These doors are only about three or four feet 
opart; and where the prevention of conversation among convicts 
is so important a feature of discipline as in lliesf^ prisons, they are 
of opinion that the old plan, of having the recess in the waH on 
the outside of the door, is quite preferable, if not essential. As 

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No. 185.1 11 

:theM aro oetntmoted, than Ami not appear to be tany diiBealty 
in HiBtntaining « convenatien Tram oae cell to another, and th«t 
in rather a low tone of voice, by having the mouth of the one and 
the ear of another applied to the apcrtarea in the grating of iw« 
contiguous doors. It is true, a seutiod ii continually slattencd in 
the building in which the eetls are placed, and walks all night with 
«ntire silence aiong the extensive corridors in front of the cells; 
but the building is very large, being Kve hundred feet long and 
five stories high; the whole extent of the walk to pass every ceH 
is about a mile in length, and the chances of detection are, conse^ 
■qucntly, not very great, unless the conversation should be long 
•continued or often repeated. These doors might still be altered 
without great expense, and placed on the* inner surface of the 
wall, so as to leave the recess of the door on the outside of tlio 
cell, which would also prevent the approach of the keeper from 
tMing discovered by the prisoner, until directly in front of his cell. 

Tho cells in both prisons are wurmcd by stoves placed in tho 
long ha^s between the outer and inner buildings, and are also ven* 
lilated from the same place, through the open work in the upper 
part of the doors. It would be an improvement of some consc- 
t|uenco in the warming and ventilation, and also in the exposure 
of the entire interior of the cell to the observation uf the keeper 
on duty, if the open work of the cell doors was extended quite to 
the floor. The Commissioners, however, do not intend to recom- 
mend any Legislative action on these points, but rather leave it to 
the discretion of the prison of&cers, having deemed it their duty 
to express their opinion upon them, as eonoected with the eeono- 
Riy and discipline of the prisons. 

The Commiisioneri are cnmpelled to state their regret at tha 
situation in which they find the female department of our peniten* 
tiaries. The attention of the Legislature has been so often called 
to this si^jeet, by the yearly reports of the Inspectors of the pri* 
aons, by the annual messages of the Governors, and by the equaK 
ly often repeated reports of oooHnittoea of each House of tho Le- 
gislature, and the deplorrtle moral condition of that class of coa* 
victs has been in those papors so well described, that it is sufficient 
here merely to refer tn those documents to show the condition they 
are in. For the first and second Senate districts the female coa* 
Ttcls are farmed out to the corporaiion of the city of New- York, 
at the rate of one hundred dollars per annum each, to carry thoir 

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MHtanon into eiiflct. SfaouU that cmpporatisD riiecM to imtSov 
taking then my loagmr, th«y would bo, m far ss the CowmiMion- 
•I* can diacoror, without a Ine/v^ Amw, aad have togo vnpcwMh- 
ed or b« agaia- Iiite4 out f» wna etbcr penon at cavporatuM^ 

The CoinmisHOiiers consider the early sctioi) of the I^isratBrc 
apon this- subject to- be highly important; and they do not besitate 
to rcconinrend tho paessge of a law directing the erection of suita- 
ble baikliDgs to receive and confine female coavicts^ and ihey 
have come to the eondiaion, that the^ ooght to be built at or near 
each of the two present State Prisooa, and be tuder the general 
direction and management of the i^nts of those psisons, with » 
suitable matron to each, to have the iatniediate charge of rtteai. 

A difficulty has often occnrred, to those who have had this mi- 
ter itnder considerationr Hi reference to the eaforeetiKat of proper 
discipline among this class of CDnvicts; and experience at Auburn 
confirms the difficatty. Reference is had to tho infliction of stripes^ 
which is pr»:eised upon male convicts for violation of prison regu- 
lationt, and is, by alt the oSicers of our prisms, coBsidered en- 
tirely necessary. It is hardly to be supposed, that the Legislature 
would pass a law authoriziug this mode of punishment, and it 
would certainty be dif&cnlt to find a suitable person to govern sucfai 
a prison^ who would be willing to parfonn that duly. That diffi- 
culty may be obviated, by substituting for the present discipline 
solitary coaSoenKsnt and low diet; this is found to be completely 
efficacious in all cases in the Pennsylvania prisons, where it is 
practised} or, if deemed expe^ent, the entire Pennsylvania sys- 
tem, whidi is constant confiaeinent in sohtude, with labor, may 
be adopted with respect to this class of convicts. In that kind of 
prtscm, one convict never aees anoriier fran the time be enters un- 
til he leaves; and there are no peioeivable Afficulties to prevent 
its perfect executian by the same agents who govern dte present 
prisons. Then wretched female eonvicta eonld, as well in the one 
as in the other, do sometlmig towards earning their sobaistence. 
Tbey woaM have the benefit of instmetion and solitary refleetion, 
which would lead them to repeatance; and when discharged, if 
not reformed, they woald probably return to the vrorld not the 
Worse for their imprisonntent, which c^not be said of them under 
tlM prmmicuout t^tc^Hnt u whiek they we now tubjeeUd, 

These buildings nrii^t be erected, if done at the sites of he 
present prisons, almost entirely by tho labor of convicts, and with 

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No. lli&l 18 

little or no apy roprk tioB from the State, if the Iwstieial eooditkn 
ef the priKKi* should eaatiaae u good the ensuiag yetr m the 

In reference to the aecond and moat immediately interesting 
branch of the investigation required of the Commissioners .by the 
statute, — that of mechanica] labor and the teaching of mechanical 
trades in the State Prisons, — they are fully aware of the excited 
state of attention of a large and respectable portion of their fellow- 
citizens to the subject; and the importance which (torn this cansa 
alone soay bo attached to any opinions they may express upon it, ' 
is 1o them somewhat enbarnssing. There is, however, but one 
eourae before them, which ia, to follow out ttva straight path of 
dnty, and state freely their views on the subject submitted to their 
examination, and offer such suggestions as their mosf patient in- 
vestigations and mature deliberations have led them to believe will 
prove, under all circumstances, twst calculated to do justice to the 
honest mechanic, and at the same time raaintaia a valuable system 
of penitentiary discipline for the protection of the whole people. 

The evils complained of in respect to mechanical labor in the 
State Prisons, may be fairly slated as follows: 

t%r3t. That the products of the labor of »«nvicts com[)ete with, 
and lessen the fair price and amount sold of the mechanical pro- 
ducts of honest citizens, in those articles manufactured in the 
prisons; and that, by this means, master mechanics lose a part of 
their business, and jonrneymen their employment. 

Second. That by teaching convicts mechanical trades, the ec- 
cupntion of mechanics in general is dngraded in public estimation, 
and a class of bad nen are turned out to seek, in tha shops of ho- 
nest citizens, employment in tlie business they had learned in the 
priffoas; and by this means mechanics are more exposed than oth- 
er citizens to the association of convicts, and consequeady more 
liable than others to be corrupted in their morals by them. 

As to the first ground of complaint, the Commissioners arc sa- 
tislied from personal examination, and from the evidence taken, 
that in tome articled, and lo some extent, this complaint is well 
founded and ought to be relieved. . 

As to the second— the idea that mechaDical business in general 
is degraded in public eslimatim merely becaase it is carried on in 



the State PriMm, u, in the ibvtivct, nnfoniided ud illnaory; bol 
it ii morally ceruin, that meebanici of aoy given trade irlikli n 
taught ID the priaons, are more expoied to the asaociation of dis- 
charged convicts than they would be if that particular bustoen 
wai not learaed by pritonen; and it ii equally clear, that aa a bt^ 
dy of men, the association of such convicts is both dangerous and 
degrading to persons of good character. 

If it were easy to provide a perfect remedy for the evils here sta- 
ted, it would hardly be necessary to examine into the exlatt of ibeir 
influence and efiects, The chief difficnilies in the way of obviating 
them wholly, at a single blow, by the entire abolishment of nw- 
' chanicnl labor, while local prisons are maintained, may be stated 
in a few words. 

Pint. Common humanity requires that the lives, bodily betllh 
and mental sanity of confined convicts should be preserved, and 
eiporience has demonstrated, that this can only be done by a^ve 

Second. Common justice requires that convicts should contribate 
by their labor to their own support. 

Third. The ihflueoce of labor upon tho minds of ooovicu is salu- 
tary, and tends to the diminution of crime in society, by restrain- 
log tho vicious propensities always excited by indolence, and by 
employing in useful purposes, powers of body and mind that will 
find employment in some form or other, for good or for evil. 

In case labor were abandoned in the Slate Prisons, and Ute coo* 
victs permitted to associate together, the degree of vice, of hu- 
man depravity and dogrmdation, would in a short time arrive to an 
extent hardly to be conceived, except by a mind familiar with the 
most corrupt and degraded human beings in the unrestrained and 
associated exercise uf their depraved propensities. The common 
voice of the world has risen up against it, and decided that naan 
has no right so to degrade his fellow men; nor would it bo proper 
or prudent that a convict confined in such a prison for iuj consi- 
dorable period, should be ever again permitted to retam frwn the 
polluted den to spread his moral infection among society. Solita- 
ry confinement without labor oflfer much better hopes. Again, 
let reference be had to the history of penitentiuies. This has at 
difoent periods of time been a favorite theory of iodividuais, 

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M«u IM.) 1ft 

who reasonad rather from iMr own moarces than from the test 
of exporieneo; but practical operation liaa uniformly shewn the 
fallacy of their hope*. Indeed, we need not go from homo fer an 
example upon thii tubjecL 

By a statute in 1821, the officers of the Auburn prison were di- 
rected to divide the prisoncrt into claiscs, the first of which, con- 
sisting of " the oldest and most heinous offenders," were directed 
to be shut up in cejl* constantly without labor. . The effect upon 
the health of the convicts was destructive; several died, many 
were constantly in the hospital, and the keeper endeavored still to 
keep il up by occasionally giving the coufiocd wretches exercise 
ill the open air. The Goveroor interfered, and pardoned a consi- 
derable number of thetn, and it was finally given up and abandon 
ed as impracticable. 

To introduce transportation on the English Botany Bay plan, 
would bo to take up that which the belter opinion in that country 
has long since condemned; a system very expensive, and failing 
to answer the proper end and object of punishment. It is only a 
partial one, being applied to certain classes of cooviels, while a 
far greater portion are confined at home in local penitentiorics, 
and is applicable to the worst class of convicts, whose punish- 
ment is for life or for very long periods. To carry it into execu- 
tion, would require a naval and military armament and a foreign 
territory, and such a change of the relative powers uf the general 
and State governments as can only be effected by some important 
changes in their respective constitutions. Much has been written 
respecting the benefits and disadvatages of penal colonics, and the 
subject involves interests and consequences quite too extensive to 
be discussed at length in this report. For a valuable dissertation 
on that subject, and indeed for a mass of useful and interesting in- 
formation in reference to the various penitentiaries of the United 
States, including our own, the Commissioneis would refer to to a 
volume recently published in France, by Messrs. De Beaumont 
nnd De Toqueville, commissioners of the French government to 
examine the penitentiary system of the United Stales, and trans- 
lated, with extensive and valuable notes, by Francis Liebcr of Phi- 
ladelphia, n distinguished scholar and philantropist 

To banish convicts from the State, without previding for ibam 
a place of refuge and a guards would be turning them toeae t» 

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16 [AsnaBLT 

oonjmit deprailationi spon our iteighbore. Th» injuttiee we ^loaM 
offer to otheri bjr Buch « syttem, wonM be in tarn visited apon 
onr own heads bjr other Statei; or if they, governed*by a higher 
BODge of duty, ihould refrain from retaliating, atill convicta and 
rogaea would voluntarily flock to an asylum where the punish- 
ment, in case of detection, was so light, and would make our State 
the peculiar field of their depredations. 

It has been suggested, that convicts might be employed on pub- 
lic works -prosecuted by the State. This is also impracticable to 
any useful extent If employed on public buildings, or on cutting 
atone for locks for canals, or in any other branch of mechanical 
labor, the evil is in no respect removed. The State works are as 
useful in employing citizen mechanics as private enterprizc. The 
whole amount of mechanical labor for the citizen mechanic to per- 
form, would not be increased by such a change; nor is it other- 
wise practicable, as there are no State works of permanent con- 
tinuance to be done. 

TJte Erie canal employs but few men, and thoae are scattered 
through its whole extent, in small parties of three or four io a 
place; and the expense of guarding and confining convicts would 
be more than their services were worth. The employment upon 
all public works authorized by the Legislature, must be tempora- 
ry in its character; and any disposiiioo of convicts in that way, if 
practicable in a single instance, would be but temporizing with the 
subject, and leaving to others to do what had better be done at 
once, the regulation of a permanent system. 

But the Commissioners believe that a remedy adequate to every 
practical and perceptible extent .of the evil, may be adopted, with- 
out changing the essential principles of our present penitentiary 
system. The errors in the practice of the present prisons, have 
crept in by means of long continued cSbrts by the Legislature, 
and by the officers of the prisons, to render the labor of convicts 
productive, and to relieve thc'State from the burthen of a heavy 
annual appropriation to defray the expenses of the prisons, with- 
out considering the effect upon the mechanical industry of (he 

In recurring to former legislation upon the subject, and to ths 
BoiiMrons and able documeots whieli from time to tim* have be« 

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No. tM.] vr 

presentsd to tb» LegUature by the' difiereBt offioqn <^ ^mtt- 
ment aod by le^stative conunitleei; and not ua&equent4y by Com- 
mtsaioners appoiatcd under lagtslative authority, it does not«)>pear 
fhat apprebcDiions liave at any time beenentertaioed, that mecha- 
Bical labor in (be priionB mii^bt be carried on to such exteat aod 
io such degree of fferfectioa as ii^uriouBly to affect the inlereBta of 
citizen meclianicB. 

The chief burthen of aU that has been heretofore written, read 
and acted upon the subject, has been to naake prisons productive; 
to relieve the people from taxation for their maintenance. This 
grand desideratum has been at last attained, and it is indeed a 
matter of congratulation, and well worth the effort it bas cost, and 
the consideration it has received. It ought not now to be lightly 
abandoned. Under these circumstances, it is the dictate of pru- 
dence to see if the new difficulty cannot be obviated without sa- 
criflcing this truly important point, at which we have with so much 
pains arrived. 

The cause of the present embarrassment is easily discovered. 
The officers of the prisons have been entrusted with the disposal 
of a large operative power, for the purpose of turning it into pro- 
fit The most convenient way of doing it is to hire out their mea 
at so much a piece by the day; and that mode giving the least 
trouble for the agent, also found favor .with the public for its en^ 
tire simplicity, and its requiring the employment of no active ca- 
pital and creating no risk of loss. Consequently every opportu- 
tunity has been en;ibraced to hire out in this way, as many of the 
disposable hands as possible; and it has been considered better to 
receive a certain fixed sum, even though it were small, than to 
risk the purchase of stock to make up on account of the State. 

Difficulty was found in getting employment for the whole num- 
ber of convicts. To induce contractors to employ them, it was 
necessary to hire them for long periods of time, so that they might 
become profitable workmen. Contractors were also desirious of 
rendering their business permanent, as far as practicable. No li- 
mit was imposed by law, either as to the number of convicts to be 
let to one person, or to be employed in one branch of business, or 
as to the length of lime for whidi they might be let out. By the 
statute, 3 Revised Statutes', 768, $ 28, thtf agents, are directed, 
whenever deemed expedient by the Inspectors, "to contract the 

[Assem. No. 185.] 8 

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Umt of oonvicti Ci> lech periMi, and en mdt ttnu, m tbcjr AaD 
dten mott beneficwl to Uw SMei" And afMu, b^ MctiMft 44, il 
b raid* the duty of fbe Bgvnto ** to oe their beat endeavors to 
dsAvy tiM eipen a et of the priioiif by the labor oS ihe -eosTicta.'' 
Had Am fenner LegMature asticipalsd tho maltt whtcb their ge- 
Mral power* and direciioM have produced, it woqU donbtleaa 
have guarded these uaKntited eaactmenta by proper reMricticHM;. 
Same HmiU to the nwmber to be employed im oay mm irtauk of bmsi' 
■eu, tkouU have Seeti mode. The brandtee carried on •boakl have 
been thorn mik wkitk the countryi* chi^f euppBed by taqMrtatava, 
ami pubGcity of the lime and placetf ktting coatrorts, ri tmt id ktne 
teem given, to as to allow foil aod free eompetitioB, and t» produce 
such price! that the contractors could not aflbtd to uoderaeU tbs 
market. Had regulationt like thaae been early adoptod, Ibe prt- 
aent complunta would not have been heard* 

Ai to the extent of the cMopetitioQ ot the labor of eoovicti » 
prisoh with that of eitisea mecbaoict, there have doubilesa bcea 
erroneous impressions among that clasa of penou^ During the 
lost nimmer the agent of the Auburn prison, under the advice of 
the Commissioners, issued a large number of circulars, (neariy 
9,000,) addressed chiefly to persons in bis prison district, from 
whom he would be likely to obtain correct infbrmatioo. The 
whole number of answers received, was 310. . The whole nomber 
of discharged convicts heard from, was 288, of whom 150 were 
said to be decidedly reformed, and 47 were pursoing trades which 
they learned in prisop. Of all the letters, 167 slated the sale of 
articles maoufactured in prison at the places where they were 
writton, and 152 stated thero were no sales in their vicinity. The 
whole number of the different kinds of State manuftclnres, dicD' 
lioned as sold in their respective neighborhoods, is 32 — 14 of these 
have never been manufactured in tho prisons, and two otbera have 
not been made for some years: And from these circumstances it 
is equally probable, that the writera were mistaken in reference to 
the place of the mooufactura of many, if not most, of tbe other 
arliciea enumerated. In an answer to the last inquiry of tbe cir- 
cular, whether mechanical business of tbe prison iDJorioualy af 
fected the interests of the mechanics in the place, 18 answered in 
the affirmative, 382 answered in the negative, and 10 had return- 
ed no answer to that question. The agent of the Auburn prisoo 
has appended to his repwt, actracU from all these answers. 

itizecy Google 

No. in.) 'i» 

Taking the prisM) at ADbarn for dw iBiwtntion* w« liare pt«p«t«d 
frcHu tk« •tmtenwnts ia papers maAe4 A aod E, tin fotiowiag table, 
«howing the number of conricts engaged to the ieveral bniaobet 
•f Wiineia, the number of men in that pritoa who «ere befort 
«ouTictjin meohanica in the flerenl hran^ea, aod ibe difennca 
ID each trade, showing the actual increaie of omd ia each braaeh 
by mean* of the ^isoa. 

Ho.i^4<VMl Hi rf— iiTialii 

OmifabiM. [uprMa. bafimeonTietliHk hmiMi 

Weavere,... M .... 10 .... 44 

Taiion, 43 • .... M .... 

Plane maken, 98 .... I .... jj .... 

Blaokimith*, U ,.,, m .... .... ift 

Copper-smiths, 6 .,., .... « .,;, 

Lock-smiths, 19 .... 1 .... |4 .... 

Uachiaists, IT .... S 16 .... 

Brass foandera, 1 .... 3 .... .... | 

Combmakert, 41 .... 3 .... S9 .... 

Bedstead maken, 3 .... .... 3 .... 

Cabinet makers, 10 .... IB .... 1 .... 

Folishen, S .... .... s .... 

Chair makers, .... I .... 5 . . .-, 

Matters, 18 .... .... 18 .... 

Turners, 4 .... 1 .... 8 .... 

Painters, 8 .... S .... 8 .... 

Haroe makers, 6 .... 1 .... '5 .... 

Platers, 8 .... 1 .... » .... 

Saddle tree soakers, SO .... .... 30* .... 

Shoemakers, 48 .... 48 .... S .... 

Coopers,... 55 .... 13 .... 43 

Clockn^ers, 33 .... 1 .... 31 

Cutting stone and masons, 14 .... 10 .... .... % 

Mill stone makers, 4 ••.. .... 4 .... 

Glazier, 1 .... .... I .... 

Carpenters and joiners, .. $ .... 94 .... .... 39 

There are rarioDs other convicts having had trades before coo- 
victioo, whose business is not carried on in prison, and they are 
not included in the foregoing table, but who should be taken into 
account in stating the genaral result to reference to the whole be* 
dy of t 

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By thii stttomaat, we perceive at onoe the extent of the gvouDd 
of ootBplaint in reference t» each braoch. For instance, the lu- 
}on. The whole nnmbef of perwn» employe<t in that business 
ia inereaseil by 33, so that the market for ibeir bunness oiurt 
be increased by tlut atnouBt, or the quantity of vork must be di- 
miotsbed to that extsnt in mechaiucs' shops. 

On the other hand, the buiiness of btacksinitbing is actually be- 
nefitted by having 15 of that trade transferred to other business, 
at least whib in prison, and probably une'half of them penoaoeoi' 
ty. So of carpenters and joiners. 29 persons are by loeaos of 
this prison diverted to other branches, while in neaily every other 
branch carried on, the number of operatives is increased by it; 
and this is in some degree injurious to the persons engaged in 
those particular branches of business, or to some of them. 

It is however a generally received opinion, that a country a 
prosperous in proportion to the extent of its products, inclodiag 
as well manufactures as sgricullural; and that in proportion as the 
products are increased, ihe market and demand are extended with 
it This opinion doubtless, as a generat one, is soond, but it does 
not apply to all cases. There is such a thing aa overstocking the 
market; but until the production is adequate to supply the demand, 
the latter is rather improved than lessened by an increased quan- 
tity; such at least is the opinion of practical men. It is very 
commonly said in respect to the iolroduction of msnufactures in 
the country, that after they become numerous and well establtab- 
ed, they are better enabled to sustain themselves than in Aeit in- 
fancy. When the home consumption is supplied chiefly by do- 
mestic manufacture, prices are less liable to fluctuate in c<Mise- 
quence of foreign imporution. 

In the selection of the branches of business to be carried ou in 
the State Prisons, the officers in charge acted as might have been 
expected of them, under the legal instructions by which they were 
governed, and which have been before mentioned. They intro- 
duced those well established brsnchcs of business which the com- 
mon wants of the country had fully developed, and which com- 
mon experience had shewn were practical and profitable. Had 
they confined the operations in the prisons in each branch of busi- 
ness to the extent thai it could be carried on by the convicts al- 
ready skilled in the particular branch, there could have been bo 

.coy Google 

No. ISft.] 31 

just gropDd of complaiDtr Take for example shoemalien, of whom 
there are forty-three among the convicts confioed at Aubtim, who 
were mechaoicB before their coDviction. Instead of employing 48 
only at that branch, ther6 are 4S engaged in ftiat buiineBs. But 
if they had employed but the fmginal shoemakers at that basinesSf 
and had not taught the trade to other convicts, it would have 
been right in every sense. They would have merely com- 
pelled the idle and wicked to follow with assiduity their re- 
gular calling; the number of mechanics in that branch would 
not have been increased, nor would discharged convicts be turn- 
ed out to enter shops where they were not free to enter be- 
fore conviction. Had this course been adopted in respect to all 
other branches of mechanical labor which are. carried on in this 
country to or nearly to the amount of the consumption, and no 
other employed there in any given trade than those who had pre- 
viously learned it out of prison, no just ground of complaint 
would have existed, nor is there reason to suppose any would have 
been made. This tlien shews us at once the proper rule to be 

The question that next occurs is, what to do with the residue 
of the convicts, such as laborers, farmers and those of trades 
which cannot be well carried on in the prisons. The only re- 
source left, is to introduce new kinds of business from foreign 
countries, and teach convicts trades in those branches only. This 
may be rather troublesome at first, but it is entirely practicable, 
and when once fairly established, would probably be quite as pro- 
fitable to the State as the business now pursued. Indeed there are 
other considerations of no small nuignitude induciug to such a 
measure. It has always been considered highly desirable for ev- 
ery State to have within itself the power of supplying its own 
wants; and if tK6 State Prisons and the labor of convicts could 
be made the means of producing cr even of promoting an end so de- 
simble, it would be a matter of much felicitation. The introduc- 
tion and prosecntion of new branches of business in the State Pri- 
sons, would ultimately produce the manufacture of similar articles 
throughout the couutry. Notwithstanding its origin frcmi the pri- 
son, any branch of business found profilahle, would iind plenty of 
compeUtors lor its gains. 

All new business in the prisons is attended with a loss for a short 
period, until the convicts become expert and disciplined to it. 

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^lere are « gmt vtrietjr of artieW now eztemively mad n lU» 
coantry, and with which it n ■upjilied rhiefly or wholly by impor 
tation from foroigD countriM, and the chief vaJoe of which cob- 
mt* in the labor beitowed in the maaafacture. Amon; them m^ 
be named, filea, needlet, pint, ihean, aciaaon, niafien, fine kniTci, 
mora, and all fine catlery; wrought naili, bntta, icrewa, ootlon, 
linea, ailk, woollen and wonted hoae; cotton, linen, worated, tilk 
and roUwr webbing; carriage laoe, carpeting, ruga; and finally, 
and etpecially, the nannfaotura of aitk goodi from the cocoou. 
The Comminionan aee no good reaaon why aone of the abort 
enumorated articles may not, with propriety and profit, be intro- 
doced in the pnaoDa. Other articles, doabtleat, nwy with eqaiJ 
propriety be added to the catalogue. It would require tioie tad 
attention, and probably the employment of artizani from Eorope, 
in aome branchea. It might require the acnding of an agent to 
Europe to aaoertain reipecting the manofactare of the aereral ar- 
tichn, and which of them it would be practicable, in ear priwiis 
to make of ioeh quality and with such fadlitiea aa wooid enahb 
them to compete with the imported articlet. The expenae of aa 
agent to Europe, to be gone four or fire months, to obtain the re- 
quiaite information, and to employ competent instructors in the se- 
veral branchea would be but trifling in compariaon with the bene- 
fits anticipated; and the artisans employed would earn, by their 
services, their compensation. When the business should be once 
fairly established, by the proper instruction of a few coaricu, it 
would require no further expense for that purpose; but the busi- 
ness would be continued as is done in the branches now prosecuted. 

The labor of oonvieta could be let out by the piece, after ^ 
manufacture was once established, aa ii itow done in many articles; 
and which is, perhaps, unless under peculiar eiresmataoces, the 
preferable mode of disposing of their labor, as it dispenses witk 
the necessity of having ^e presence of ctntraotors or their agenU 
much in the prison. Where convict labor is let by the day, the 
contractors' agents, having no motives to preserve the g«od go- 
Terannent of the prison, and intereated only in getting out of ths 
oonriets the greatest possible amount (rf* labor, are stronj^y tempt- 
ed to hold out private inducements to convicta, and perhaps to 
cause the keepers to inflict stripes sometimeB improperly. Bestdet 
this, the statements of the earnings of convicts in both prison, 
show a very decided advantage in favor of those who are employ- 
ed by the piece, orer thoaa who are hired out by the day. 

DigmzecDy Google 

No. »6.) M 

Should the suggvitioii tloove mada, ia nfsreiKe to the fhtora in* 
bvdnetioB of oew branches of biuhien into the priaooa, be adopted, 
no just cause of complaint can be made by persona afterwards em- 
barking in the some business. They witl have gooe into it under 
an existing state of things, which they wilt have do right to ask 
the poUic to change &r their qwcial benefit. 

By this means, also, the second class of erils complained of, as 
well as the first, will be removed. Discharged prison convicts 
will not seek employment, in the trades they learned in prison, in 
the shops of citizen mechanics^ and by that means expose thei( 
apprentices and journeymen to corruption, for the reason, that few 
or no shops will be carrying on any business tatight, except such as 
shall have been established afterwords. While this result would 
be <^tuaed, the other and highly important matter in which all 
citizens are interested, the moral reformation of the convict, will 
be equally promoted. 

Convicts having no regular calling, will be tau^t one by whicJi 
they may, when discharged, gain an honest livelihood, by esta- 
blishing the business on a small scale, in some neighborhood, where 
the prejudices of the community are not so strong against prison 
convicts, but that they will purchase their wares and assist them 
in effecting their endeavors to earn an honest maintenaoce, for 
themselves, and perhaps an innocent family. To this end, in all 
new branches introduced and uught, the convicts should be per- 
fected in their knowledge of all its parts, so as to enablo Ihem to 
•et op for themselves when discharged; and the Commissioners 
take this occasion to mention a defect in the present practice in 
this respect, which, while it does not lessen the amount of injury 
to the citizen mechanic, either in reference to competition or to 
association, does not afford the full advantage, to the convict, of 
a perfect trade or means of subsistence, which he may set up and 
carry on for himself after his discharge. 

The introduction of these new branches of business, so as to 
carry them on to any profitid>Ie extent, would require a eooside- 
rable period of time. By reference to the statements herewith 
relumed, of the exuting contracts at the two prisons, marked B, 
and D, it will be perceived, that they have, most of them, yet 
several yeara to run, and that all are now in the course of actual 
exeoution. The several contraetors have provided their materials, 
em{^oyed tiieir agents, rented their ware-hotMesi and aatabliabed 

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14 [AanaauT 

dieir market for their wares. The^ have seated rights, which 
cannot be laken away by Legislative enaclinent; and no doobt is 
entertained, but that tlie agents, in nuking their sev jral contracts, 
have acted within the scope of their legal powers. It has been 
reported, that since this snbjact was under agitation, the agents of 
the prisons had renewed or extended the contracts, with a view to 
prevent a change. It is due to the agents to sUte, that this report 
is wholly untrue. No new contracts have been made or extended, 
at either prison, since the passage of the act of last winter, direct- 
■ ing this invealigation, except one for making cane seats at Sing- 
Sing, and except, also, contracts for marble for builcUngs, of short 
continuance, and all of which are stated in the papers marked B, 
and D. Most of the contracts on which the convicts are at pre- 
sent eniployed, will expire in the years 1838 and 1839. Before 
that time, the sercral branches of business above mentioned, or 
some of them, may be introduced, and may be then in such a state 
of operation, as to admit their immediate extension to the employ- 
ment of convicts who will then be disposable. These important 
and extensive changes could hardly be well effected, to that extait, 
sooner, even if the vested rights of individuals did not interfere. 

The manufacture of silk, which is included in the articles above 
•numerated, as likely to prove profitable and useful, deserves a 
more explicit notice. The Commissioners learned, from his Ex- 
cellency the Governor, that the late Chief Justice Spencer had' 
some views upon the subject, which he was disposed to submit for 
their consideration. They accordingly called upon Judge Spen- 
cer, and obtained his permission to append to their report his views, 
which he read to them, and which are herewith submitted, mark- 
ed S. By some quite recent publications in the newspapers, it 
appears that a m^achine has been invented, and is now exhibiting 
at the Capitol in Washington, by which the difficult art of nicely 
reeling the silk from the cocoons, with that of preparing it for tiie 
loom, is attained with comparatively little labor. The Commis- 
sioners, upon considerable reflection, are satisfied, that this busi- 
nesa may be introduced into both the State Prisooa in this Sute 
with great advantage. The business of raising mulberry trees, 
and picking the leaves for the purpose of feeding the worms, ii 
rather agricultural in character, and would-be difficult of prosecu- 
tion among convicts, who must necessarily labor in large namben 
on a small space of ground; but the business of preparing the silk 
from the coooons, and weaving it, presents do such difficulties, 

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f(e. 136.]' 96 

and by atmrtiag those branches of the bnsinen in each of the pA- 
BODS, and iocreuing it as fnst aa the supply of cocoons raised in 
the country for sale wonld warrant; and, at the same tinie, by 
taking measures to promote the production of cocoons in the conn* 
try, by the offer of a fair price and s certain market for them, and 
by the immediate planting of that part of the State farm at Sing- 
Sing, which it not wanted for marble qaarries, with the white 
mulberry, with a view to the raising of seeda and plants for dislri- 
butioo, it is confidsnily believed, the most beneficial results may 
be obtained. It is satisfactorily established, by experiment, that 
both the soil and climate of every part oi this country are emi- 
nently adapted to the culture of silk, and that toe of a very aupe* 
rior quality. 

The preseothnportsofsilk goods into this country are enormous, 
and not less than from five to ten millions of dollars annually. If 
the introduction of so important an article, aa a staple production, 
can be produced, or indeed in any degree promoted, by means of 
the labor of convicts, it would be something towards remunerat- 
ing the country for their depredations. All efforts to produce such 
a result, with any reasonable hope of saccess, are, at least, high- 
ly worthy the attention of an enlightened Legislature. 

The suggestion of Mr. Spencer, in his remarks upon the sulgect, 
that cocoons might be advantageously produced at the several 
county poor-house establishments, is also worthy of attention. 
The immediate planting of the white mulberry, to a considerable 
extent, upon "the farms attached, to the several county poor-bouses, 
would not only be the means of supplying the priscms with co- 
coons, but would afford a profitable business for the several coun- 
ties, and be peculiarly adapted to die feeble powers of most 
of the inmates of those establishments. The attention to be paid 
to this branch of the subject, which for its full development will 
take a period of several years, should not, in the mean time, pre- 
vent the adoption of the other proposed measures for the interme- 
diate, and if it should prove necessary, permanent, employment 
of the convicts. 

The conclusions the Commisiionen have already stated, pre- 
clude the necessity of a detailed examination to ascertain, (if in- 
deed that were practicable,) to what extent the opinions of me- 
chanics, contained in the testimony, are well founded. They are, 

[Assem. No. 185.] 4 

DigmzecDy Google 

w the/ indeed prereM to be, interested wito ee eie, for irtiicb MMiie 
allowcnce miut be made. Some geaerel eitimatee frooa tbe docn- 
aenUry evidence before lu^ with particolai reference to the sKinl 
injuries to which the mechanical fraternity, u a body, ace expos- 
ed, by reason of tbe present system, may, however, be proper 
and nsefuL 

The table annexed to rhe report, marked A, shows the present 
employment of all the convicts in the prison at Auburn. Tba-t 
marked B, is a statement of alt the subsisting contracts for coo- 
tict labor at that prison. The paper marked C, is a sUtement, 
showing the present employnwnt of all tbe conricts at the prison 
at Sing-Sing. Tbe paper marked D, exhibits a statement of all 
existing contracts for convict labor at the same prison. Tbe pa- 
per marked E, exhibits a variety of statistical information, respect- 
ing the convicts now in the prison at Auburn, including their for- 
mer occupation, character and crimes, && The paper marked F, 
is a copy of a circular issued by the agent at Anbum, for infor- 
mation respecting discharged convicts, with a tabular atatenieDt, 
compiled from the answers. Tbe paper marked G, is a statemeot 
similar to tbe last, in respect to the convicts at the Mount-Pleasant 

From the slatemeot C, it appears that the whole number of 
convicts at work at mechanical business at Sing-Sing, is 477; of 
whom 316 had worked at some trade before convictioa; eoome- 
quently, the actual increase of that class of persons, by meaos of 
that prison, is now 161. From information shown in paper F, it 
spears, that out of lOS discharged convicts, who remained in 
the State, and who learned trades in the State Prison at Auburn, 
only 47 continued to work at ihem after their discharge. It is to 
bo presumed, that a eonsiderable share of tbe 161 above stated, at 
8ing-Sing, after being discharged, wHl leave the State. Ooe- 
third of them is probably a fair estimate. If, of those that remain 
in the State, the same proportion continue to work at tbe trades 
they learned in prison, as is shown by tbe above statement from 
the Auburn prison, the number would be less than 49— suppose &0; 
which is probably the extent of the number that would remain ia 
the State and pursue their prison taught trades. There is a less 
number of convicts employed in mechanical buainess al Anborn 
than at Singling, but if we assume the same result as above, it 
will be sufficiently accurate for this purpose. One hundred, tbea, 

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No. 1S5.] <r 

m»j be iflfamod u the protmUe nnmber in both priMns at tMs 
lime, of persons leBrnio^ trades, who were not mechanics before, 
and who will remain in this Ststeafter their discharge, and prac- 
tice their trades. 

The whole nnmber of mechanics in the city of New-Ym>k, ii 
evtimated, by the Trades Union in that city, at sometiiing over 
21,000, and the whole number in the State at 13^,000. The pro- 
portion of the above class of persons to the whole namber of me* 
chaoics in the State, is as 1 to 1,S50. By calculation of the sen- 
tences of the convicts at Auburn, taking those who are sentenced 
for life to be equal to the longest term of years for which any one 
is sentenced, which is 21 years, Oie average length of all the sen- 
tences is found to be a fraction over ik years. The 100 convicts 
above mentioned, will consequently take that length of time for 
their discharge, or about 18 each year. If we suppose that the 
whole number of 12S,000 mechanics will be changed, that is, 
their places occupied by their successors, in ao average period of 
35 years, it will show an annual change of S,009 in each year; or 
that number required, by means of apprentices and otherwise, to 
supply the place of those who die or depart from the State. The 
proportion of increase, by means of the prisons, to the whole an- 
nual increase, will stand as 16 to 5^000. If the present prtsmi 
■ystem should continue for 35 years, the proportion of those fol- 
lowing trades taught in prison, to the whole number of mechanics 
io the State, would be as 18 to 5,000. By some it may be sup- 
posed, that in making this estimate, we should not be confined to 
■och convicts as remain in the State and follow their trades. The 
whole number who are taught trades io prison, and who were not 
mechanics before ronvictioa, in both prisons, issofnething less than 
SOO; and resaming the oalculatioa on this basts, as above, at bi 
years average term of sentence, will give U a year average o£ 
4lischarged. The annual number discharged would be, to tba . 
whole number of mechanics in Uie State, as 56 to 195,000; and 
the proportion to the annnal increase of nsechanica, as 55 to 6,000; 
which, in 96 years, would be the proportion to the whole. The** 
proportions are so small, that the injurioos iofloeoce upcm mechif 
oics, as a whole, niMt be lotperceptiUe io practice, and oidy t» 
be osGertaiaed by examinatioo- 

It has been before sUted, that, of the 477 eonncts now at woA 
at mechanical trades atSing-Sing, 810 had before worked at tradet; 

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- 9* [AaaBHBLT 

bot of the wlwle nnmber of ccmTicte in the priion, 404 were me- 
cbaDio before conviction, which deducted fr<Hn the number now 
ftt wort, 477, vill leave m diAerence of only 78. 

la reflection up<»i the extent of the evils now eziiliDg, we 
■bould cooHder thet all thoR who really punue their tradei for a 
Uvelihood after their discharge, and conduct with propriety, mp- 
porting thenuelves by honest industry, are to be excluded from the 
list of dangerous associates. We should also consider, that in oar 
present penitentiary system, convicts do not learn their vicet 
there, and that as before their conviction, mechanics as well aa all 
other persons, were exposed to their dangerous associations; so 
after their discharge, other persona as well as mechanics are, to a 
certain d^ree, if not equally, again exposed to their cormptiDg 

It should also be borne in mind, that in any system of prisni 
discipline by which common intercourse among convicts is permit- 
ted, and may we not say in any in which solitude is not oniied 
with labor, the convicts corrupt each. other, and go out into the 
world with greatly increased skill in crime, by which means their 
art in corrupting others, and the dangerous influence of the wbole 
body of convicts would be greatly increased. It should further 
be remembered, that individual interests ought always to yteld, 
when necessary, for the public good; and that whenever for the 
purpose of good government, it becomes necessary to cbooae be- 
tween those who are equal favorites, the interests of the less nam* 
ber should always submit to those of tlie majority. 

Some remarks are due to the peculiar situation of one or two 
branches of business carried on in the prisons. The Coraniission- 
ers are of opinion, that independent of the question as a branch <^ 
mechanical labor, the business of lock making, now carried on in 
both prisons, is an improper wie to be taught to convicts, and dan- 
gerous to tlie public safely. It is stated in the testimony, that a 
skilful lock maker may, from merely observing the extemd form 
of the key-holes, prepare skeleton keys by which he will readily 
tnlook all ordinary locks; and his knowledge of the inlemsl 
guards and form of work is such, that ualess.a lock is of peculiar 
construction, he finds no difficulty in preparing keys for many 
locks even of the more expensive kind. A great share of the re- 
cent burglaries have been committed by means of false keys. Mot 

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No. ISh) M 

Im^ lioee mn iagenioiM eooviet tt Aabora ooatriTsd to deponto 
two patterat of bonk locki which had been made in prison, in a 
•ecure cover, safely imbeded in the body of a water log aied out- 
ndo of the priwn walli to coarey water into the prisoo, and which 
bad be^i brou^t into the place where the ronvict waa at work, 
to be repaired. The log when finished, was restortd to its plaoe 
oatside the waH, and had it not been for the treachery of a fellow 
convict, the ingenious felon would probably have secured his prize 
in triomph after his discharge. la the opinion of the Commisaion- 
ers, an effort should be made to induce the fMntraetors to give op 
their contracts, or at least to have no new convicts learn the art 
It is a dangeirons trade for that class of citiaeDS to be famiUar 

The bnsiness of marUe catting at the prison at Sing-Sing, is 
not let out by tbe day or otherwise to contractors, bat the agent 
executes orders for the marble work of buildings, at such prices 
as may be agreed upon in each particular case. It was at first 
found very difficult b/ tbe agent to get that marble into use. It 
was rejected by builders on account of being supposed to be of a 
quality not satisfactory to public taste. The agent, with tbe view 
of introducing it, made some contracts at first at extremely low pri* 
ces. These had the desired effect. It was perceived that the 
■tone were valuable for building purposes, and prices for work 
have gradually been increased; and the Sute ia now realizing the 
benefit anticipated by the location of the prison in tbe vicinity of 
those large beds of marble. Some of the noblest structures of 
archilectora in the State, have been executed from this marble, 
and it is certainly desirable for the encoDragoment <^ Uie eiiken 
builders and arehitecU of this country, that they should enjoy tbe 
advantage of a full opportunity to participate in the execotion and 
design of onr costly marble edifices. The quarries an so extensve 
that they must be inexhaustible for ages to conw. 

If tbe ctmvicls were confined to the operation of gsttiag tbe 
marble out in blocks, and delivering it upon the wharf, it ia be- 
lieTOi that its use, instead of being diminished, would be greatly 
promoted. Builders would then become purchasers, awl the great- 
er quantity sold would make up for the diftrenoe of prioe betwcea 
the wrought and unwrought marble. 

From the views above taken, we consider that this ia but cwiy- 
ing out tbe plan we have suggested, and that it is doe to that par- 

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thrahr Iwuioh M necbuRc*. There h hwMy a dodbt but ditl if 
ibe prfton kept •fmyi • large anpply of quarried marble on butd, 
roogh divned in blecki, ' for lale at rea«wab)e [wicea, it would, 
from itf cheapMM anil from iu e«iy water tnunqwrtation, moet 
with ready lalea, aDd iti oee for churches aad pnbHc baUingi, 
wberef er it eoald be floated, would mob become general. 

All which ii respectfully auboutted. 

JoKMry H, 188». 

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AcdHnpanTuig the report of the Commiasioners ap- 
pointed under the act of May 2, 1884* concerning 

State Prisons. 


Sha^g the M^Jbymnrf of aU the ComvkU i» tJu SUOe Primm at 
^Mbur»i DBMmierSl, 1884, and prieta of labor. 

Cotton Weave Shop. 
Priees per mao p«r day. On contract 

35 c - Weaving Uckingt, Ac, . . . M 

16 c Spouting, 7 

16 c< Making harneH for looma, 1 

50 c. Carpenter, I 

9ft c. Packing cloth, 1 

85 c. Warping and siziDg, 1 

S5c. Waiter, 1 

— 40 
For the State. 

Weaving atockipgs, 9 

do shirting, S 

do atripe, 1 

Spooling, a 

Invalid, 1 

— S 

— M 

TaitorB ^op. 
Price per each piece. Oa contract 

Great coatB, IS a. Tailon, 40 

Boxcoata, . 18 i. Waiter, 1 

Coats, 14s. — 41 

For the State. 

Pantaloons,. 4 a. Tailors, % 

Vasts, 4s. Barbers, a 

Invalid, 1 

— 6 

— 47 

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Tool Shop. 
Price per man per day. On contract. 

SO c. Plane maken, S8 

SO o. Dresfing and piling timber, S 

80c Oiler, 1 

SO e. Fireman, I 

asc. Waiter 1 

Me. Riviog timber, S 

MaehiM Skop. 
Prieei per BlaD per dtj. On contracL 

SSmea at 40 c. Blackuniths, 4 

31 •* atSOe. Copperamitha, « 

LocRsmilha, ...... ..•»•* IS 

MacfainUta, 17 

Brasa founders^ •• • 1 

Waiter,...; 1 

For tbe State. 

Blackamitha & 

Tinker, 1 

Waiter,....!.... I 

— 6* 

Cemi Shop. 
Pricea per man per day. On contract. 

48 men at S3 c. Sawing stock, 1 

I ** at 3ft c Preuing do 4 

Scraping do 9 

Making dress comba, .... 3 

do trap do .... 3 

do side do .... 6 

do lai^ do .... B 

Poliabing comba^ 6 

Staining do 3 

Bending do 1 

Cutting side do &&,.... 3 

Packing, do 3 

Rubbing and oiling comba, 1 

Waahing do 1 

Grinding, 1 

Carriog 1 

Pointing side comba, 1 

Patent buS; 3 

Waiter,.... 1 

For tbe State. 
BCakingkids, cana, ke. 

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Gboer/of weave Mktgt. 
PrMwyer-^ui pn day:. On oontncL 

80 c. Carpet weavHi, , ^... ^ 

30 c. Coverlat ^od difper wea- 
vers, ^.,». ..,.'. ,.„., 8 
80c. Satinett weavers, ........ 6 

30 c FlaDMl wearen, 4 

^80 & Carden,-..^.,,, 2 

80 c. Spinners, ,.», .-..«....,^^ 8 

1 «t9i«- 8<t IS c. Drawbc^,,. -,......., 8 

99 0. Warpers, ..■.-...'.,., ^■„-., 2' 

■80 & Carpenter, ..., .,- ,. 3 

16 c. Spoolers and i>o)>btn wtad- 

Prices p«- in«n pnr dby- 

4T mco at S5 c 

:" as ft 

1 ** . 68 a 
I " 17»p. 

3 pi^^Wf hak, 
■t 3 Q. por lb. 

On coDtnu^ 

jBedfltead makers, f) 

Calnaet makers, ..«..-..■. . Ifi 

Chaircriakers, ........... ,i8 

Turners,. ... . ..., ,. .> > . . . « 

Painters,. ......... ...,,. 6 

Foliftien, ...... 8 

Matters, 18 

Sawyers, a 

Carver,.... 1 

Ilatr pickers, 8 

^opyt^tmm, ......-.-...'. 3 

— 80 

Pri<^<f>er man -per drf. On eontraelt. 

80 c. Hame makers,.... « •>.**. ft 

SttMclatSOc Blacksmiths,. .«%....«..^. 8 

80«. Fflers, ....^.. 4 

80c. Phien,...<. 8 

M 0. Saddle tree makeia, >«^>..^ ,'Sf> . 

,80<v Eivutg timber,. ...h ....;. S' 

fHic, Waitecs *„« ft 

Shoe ihap. 
Prices per each [uece. Oo contract 

Fine boots,.... 10 1. Fine bboU and shoes, »..■ > 1 
" shoes,.... Sf. Coaase " " .».. T 

[AswA. No. 186.] 8 

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M [Amum 

Co«n0tM6tt^.> ti. Woown and miiMi iboef 

and caeki....... ....*. . 99 

Stofaftie do Si. Bindio^, S 

Coarae iboM, . . St. Cramping boots, ..„. „,. ] 
' WeaMo'i fbooB^ I a. Draaaing- work aad miter, 1 

— 41 
For tbe State. 

' Laeabaota, ... 6 a. ShomAtn, • 

Hiaaas ibo«^ Sa. M. ^rtwr...... 1 

CMka, hvalida, t 

— 19 
.... _ „ 

Vrioat par waam par iaj. On fioatrad 

Making whuk«yfaanr^ .. n 

'* provitioD *• .. *" 

" " taba,.... 

MDMBtine. •^ beerbarrA, 

a " Me. " " kdi. 

« •* Is. » floor barrels, 

1 " Me. »' I « » 

'* eharns, 

*• pait*. 

" and repairing' toc^ 
Tending kilo and 

BBwiM staves, 

Bepainpg coatneUmf w»- 



For the State. 

— t 

Frioaa p«rma par ixf. On cMttraet 

aSc. Brass doek marker, Iff 

tte. Case makers, 8 

89 e. Painters, •■• . 9 

tte. Waiter, I 

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So. ia».| 

Prieytper mm 



Tsble waiten^.... 
DM) mihen, Ac... 

Hdl wuters, 

Cutttog ntfeiii,... 











Mirth iti^. 

For the Stale. 
HMnmock mender, . ...... 

While waiher, 






Fer the Sine. 





For the State. 


Mtking loili itonef (contr.) 





,0, Google 

Pbr tht Stete. 
Hakbig Mid lepairing cTotb- 

ii«r • «■ 

— »T 

— S3 

Por the SmI*. 
Wattert kod toek%. .».». r 


tOa^h^ VnwMBM. H>lii'»Mfc TMd. 

Cbnbnw*wr««bop,.. ...'>>.»• M ..».. 8. M 

Tulon* ibi^i^ »..».. 4( ..»„ ft ..».. 4T 

Tool shop, .»-. «-.-* »» — ..— » 

Maduiwttw^......»....».v 4ft 7 U 

ConAibe^ 44 k At 

VoT«rlet wflST* ibopr 36 ...... SS 

Cabinet thop 6D ...». 50 

Himoitiopy 40 4C 

Sho«ihop. 4t I» »..» » 

Coopen' Mhop/ ffl ...... S M 

Clock alMp. SS^ .'.. — IS 

Kitoko, » SI 

^oi{ttt^ S' ft 

Nortb wing, Ift 10 

South wkiB, » ....» » 

north jrard, 4 H S& 

Females, 9$ 33 

Keeper^! (MDidr 9 a 


a of contracttn, tme l eka t cw rt rpcte 
CcpoT^ Vsfltper lof men nKpfeyra^ 4^' 


Abel Wetfiey, of Aabora, eonlntctor; expirea Deonuber 81, 
Namber of men contracted for, fiO. 
Nomber of men now employed, 01. 
Prieea per dajr— M men at M oenli, « at JO cMUi, 1 atMeoti, 

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No. 1»6.] *? 

4 at 1 ihilltng. By the terms of this contract, raw hands are u 
havft 121 cents per day, for two first months. 

There is a verbal contract for the additional number of men. 

Tbel I 

Truemm J. KcUaster and Zalmon J. McMaster, of Anbum, 
contractors; expires August SO, 1889. 
Number of men contracted for, 45. 
Niwaber-of BMB now omployed, 89. 
Prices per day — 88 men at 80 cents, 1 at 35 cents. 


Z. L. Webb and Gleo. C. Williams, of Auburn, contractors; ev 
pires May 1, 1885. 

Number of men contracted for, 41. 

Number of men now employed, 41. 

Prices per piece — Fine boots 16 shillings, coarse boots 6 shillings, 
fine shoes ft shillings, coaraa shoes 8 shillings; all oUier work in 
the tame pn^rtion; with a deduction of II per cent 

The men on this oentract arerage abont 28 cents per day. 

Cottm weaving. 

Robert Muir, Eleaaer Hill, N. Garrow, an^ Geo. B. Throop, 
contractors, of Auburn; expires December 1, 1837. 
Number of men contracted for, 85. 
Number of men now employed, 46. 
Prices per Jay— 88 men at 8ft cents, 1 at 60 oents, 7 at 18 eenta. 


Slepiheo Van Afldeo^ of Auburn, contractor; expires Janoary 
1, 1839. 

Number of men contracted for, 3fi. 

Number of men now employed^ 41. 

Prices by the piece — Frock and body coats and otoaka J4 shil- 
lings, groat coats 18 shillings, box coats 16 shillhgs, mifitary 
coat! 30 shiltingt, vesta and pantaloons 4 shillings, box vests 8 * 
shillings; all other garments in the same proportion. 

The men on this contract average about 86 men per month, and 
tboir earnings about 80) cents per day. 

Bratt cloei making. 
Claii B. Hotchkiss and Thadeus Benedict, of Anbani* contrac- 
tors; expires May 1, 1889. 

Number of men contracted for, 40. 
Number of men now employed, 2ft. 
Prices per day — M men at S3 oents, 1 at 35 oents. 

Mttehateti/, locitt, ^ 
Albert Walcott, J. B. Hyde, J. L. Watroni and Cymt Deanu, 
of Ai^Mini, eoBtraelors; ezpitM Jaotiary 1> 1688. 

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Nonlwr of bwb eoatne^ tor, 60. 
Kmnber of nwn dow employed, 16. 
Prion per ihy — Si nwa at 40 eenti^ SI nea at 90 cent*. 

Daniel P. Co^ of Aubam, oontnctor; exptiM Oe te l w r 1, ink 

Nambar 9t men cootracted for, 40. 

Niuaber of nen now eai)do7Ml, 46. 

Pikei per day — B men at 50 cents, 40 at M eaota, 1 at Sft eenta 

SaJile-tne mtd Jum* mdtaig mndpbaiag. 
Peter P. R. Hayden, of Aubom, eootraetor; expiret Aogoit 
1, ISM. 
Nonber n( nen contracted for, SO. 
Number of- men now employed, 46. 
Prices per day — K men at SO cents, 40 at SO cents, 1 at St cents. 

Carpet, coverlet and diaper weming, 

Jostah Barber and John Loodoo, of Asbom, eoatnetoa; ex- 
pires October 1, 1688. 
Number t^ men contracted for, SS. 
Number of men now employed, SO. 
Prices per day— SS men at SO cents, S attSoents, lOatlSemls. 

Crt i'n rt and ehmr makaig. 

Jaktt and Jesse Seymour, of Anbam, eeotraeton; «^im No- 
vember 1, idss. 

Number of men contracted for, 00. 

Number of men now employed, 00. 

Prices per day— 47 men at SB centa^ at S9 oenta^ 1 at SO eenti^ 
1 at 171 cents, S picking bair at S cents jter Ok 

Mgkiag Burr suff^lMu. 

Asaph D. Leoaavd, of Auburn, contractor; no tine medfied. 
Number of men contracted and employed, 4 at S thillingt per 

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t Prison, 12th January, 1835. 

^; r haT8 the privilege of renewing them for five 
yearn la 

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lege of exending it to XO yean, by siting one yw*!. notice prtvi* 
ouf tp cspimiMn of fannor t^rm. Cootract dat«l 26Ui Dec«inb«r, 
198S, for tha enployineiit of oot axceedimgoqe huodred aod fifty 
men; at the foUowiag pricea for each article made; all llw atont 
being fumifhed by the contractor. 

For making tjoarter boand mm hhdi.,... 70 c. each. 

" cum meat hbds 05 ** 

*' iron bonnd rum hhdf., esi ** 

** vine b«rreli»..^ ...» 40 "* - 

** mm and beer ban^ i.»...>^ Hi ** 

** promion bureU, ,.^ ,.> U " 

** flour do , 131 « 

** molasw* bhd, ■hooka, -. 28- " 

" do do aeata of S,^.,* l3s.9K9apt 

^h»Tuig wid bunchiitg hbd. hoopa,.... SOt^p^buwcb 

Making Urd and butter fiiAiiu, lo c aaiah. 

" turpentipsoaaka,. ,.....»..., SI4 *• 

" . yroviiion half barrel),*, *,..«•• )8 '* 

** shoe tiercel, SU " 

** 3.basz8liMat«wk«i<*. *•••.■.••,>•*••'..■ esti *' 

" li do do M " 

'• 1 do do S7J " 

« j9aicaeedti^rc«ib,.,...... ..38 " 

M pna«it eaployed oo iha above contract, 138 own in aB. 
Mr. Jobo Newhoiite «ii^loyed by tbo contractu to Bvparintanl 

CMitract ndth John Groshon, dated 1st January, iaS3| fin & 

Jrean, fqr not exceeding thirty men^ at tpalung locka^ at the fok 
owiiw prifi«a: 

il iach tpoctice locks, , |8. 

41 *' rabited moitic^ locka..... #4.50 aaoh. 

e ** rim lockj,. .....^.. • ISab. ** 

B " rim do « .«....,.,,...* 38«h.. " 

7 " ^ do *..,, 14ab. " 

• " do SSidk " 

Bookeaielocka,.. 15sh. " 

Sliding bolta, 14ih.ppair. 

Flwb do ..^....^..^ *.^ 34sb, " 

8 iQch, front door lo<^ (ug^t kqya,) ...« » •8.M taeb* 

a " do do do W •* 

10 *' lim, double tumbler%> ..«■>». 91 " 

VeD0tia« mortice lock*,. .... ..••,^ ..a.** M " 

Sliding door furniture, •40pr. antfc. 

At pieaent employed on above contract, 6 men. 
^sopwintwdaot employtd bg aoaUMIto&. 

Keoben H. Finch k Co. bava nov )Q men waployad al boot a«4 
ahoq qakin^ by th« puce; wonwn'a ahofa 3S<c«nta par pwii »»*■ 
cpwae: aboea aq eantii pw Mv. nwn> «rmm boo** tO oenta,. moi^a 
fin« boota 11 tbilling*. Ail the atodc fomiibed by tho contractor. 

DigmzecDy Google 


Th«7 te^e It^Ai tfnii naploTed for iboat two fem; no tunettBd 
Ml for hi conHnnUK*. 

I hare no written eontrftct for the above ; they were pat to wort 
for them, a* above stated, at a time when I bad no other employ' 
nent for them. 

Slaiament rf eanirMts fir tuj^fymg marbU, en lefack tke tttau 
' cutUn are now employed. 

Contract with HoT:gan Lewia, chairman, and Archibald Maolay, 
dated 34th April, IMl, for funtBhing all the marble Decenaiy 
for the iMiilding of the Now-YoA Univenity m the city of New- 
York, to be fioi^ied early in the apriug of 18S6; at the following 

For aecond quality, or rough az'd ashler, 40 eenta per foot, ro- 

irficlal meuore; meamriag all mch partt as are seen when laid 

the builditag. Moulded Mlt coorae, 10 ihillJngs per foot, nto- 

ning meaaare. Window tHh and Bnteli, at 10 dollars per pair. 

Omamental worii aboat the doon, &c. in proportloo to above 


All the woA for the wbon bmldiqg wUI be completed on or be- 
fore the first day of May next 

Contract with Jtrim Heath for marble for the basement and trin>- 
mingi of a church in New- York; dated 3d June, I8S4,- to be fintlfa- 
ed in the apriag of I6SS; at the following prices: 

8 large Ionic bases .'. at 975 eadk 

S do caps,. at ISO ** 

8 nnt« bates, ', -. at 50 " 

8 do caps, ,; at 70 " 

Ashler, 65 cenu per foot, superficial measure. Window sills and 
lintels, and door sHIs, 60 cents per foot, superficial measure; flag- 
nng for portico, 90 cents per foof, superficial measure. 
Plam 8 inch steps, 80 cents per foot, running measure. 

8 " water taUe, 80 eta. do - do 

10 *' - do 76 cti. - do do 

Area steps, 60 eta. do do 

8 by 18 loeh eopiag, 76 cts. do - do 

Contract with- James H. Dakin, dated -SOdi of July, 1884, for 
marble for predtyterian drarch in Troy, as follows: Rough a>*d 
window sills and Kntels, asMer for buttresses, and coping for but- 
tresses, at SS cents per foot saperfieial measure, 8 inches siepa, 80 
eents per foot nuung nieasur«,-to be fiaiibed by the first of ApriL 
18S5. ^ 

Contract with Seth Geer, dated 14fh July, 1M4, for marUe 
trimmings for a gothic presbyterian church in New-Yorit. consist- 
ing of ashler for towers and basement, curved and straight moahl< 
inos, tower oomtces, tracery battlement caps, labels, stepa, water 
ttble, Im. The whole for flva tbovsaad doUan: Tbe work eoa- 

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trvetod, to ba finiihad u kkbi u the onrUe on be got irem tfa* 
quuTiA^^will ba finiihed. on or before the fait of Hmf, 1886. 


Skewing the number, sex, color, age, crimen term of tmtrnce, wkert 
bom, where amvkted, ^v. of the comvicta remmtaig in State fri' 
aoM, at Jubunt, Ihcember ai, ia»^ 

Renuiniag in priion on Dee. U, 18S4, 049, tu: 

IVhite mtlei, t M6 


Black meles, ..* 67 

" feowkf, 10 



Ages ef eoDTictf renubui^ in i»ieoD, at the Ume of their con- 
victicHi, viz: 

PrmolO to 1ft yean,.... 3 From 46 to 60 *' .... 30 

" IfttoSO " .... »7 " 60to66 ** .... 11 

*' S0.to36 " .... 167 " 66 1060 *' .... 10 
"3510 90 *' .... 100 " 00 to 70 " 

** SO to 86 " .... 86 ITnknowD, 

" S5t040 " .... 48 

" 40to46 " .... 82 049 

Crimet for vhich they vere coonnitted, and the noo^r who 
have comiDitted the same eiime. 

Grand larceny, •• .• 311 

Burglary, ,.... 86 

Forgery, ; 78 

Petit larceny, 3d ofience, 74 

Pas^Dg coonierfelt money, 38 

Asaault and battery to kill SI 

M«ntlao|^ter, .i 14 

Poijury, IS 

Counterfeiting, IS 

Aenult and battery to rape, 11 

Robbery, II 

Arion, 11 

Swindling, • 10 

Breakjngjail • " 7 

ReceiTiog, • 8 

MoMer, • •••* 4 

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Anuik u4 battarf to ■ 


Grand Isrceny ■nd breaking jmI,. 

Sodofiif , t 

Hmil robberjr, 4 


P«{«oma^. --i <...' 

Burgiary to kill, ». 

Forgery and grand larcenv, 

Forgery and braainiig Jail, w...< .... 

Breaking jail, and paoiafi cauDterfeit raoiwyr* 
Beastislily...... .-.....-.-.... ....... ..>... 

Inceat ana araon 

Grand larcOny aod orabaulament, 

Petit larceny, 3d ofiancar aad anoo, 

Aiding priaoaer to escape,.'. 

iMestand rape, ;...- 

Term of tant ea aa , with tha nnmbtr for each tenn. 

For 9 years, 
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1 day, .'.. 
9 iDoirtlu, . 

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1 day, . 

For 7 yean, , 
7 " 

7 Dionthi, . . 


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S ** lOmonthi,.. 1 

Wbero bom. and the Dumber boro in each State and ooontry. 

Tfew-York, aes New-Hani7>iAiie, \ 

Cnmneclicut; » Sontfa CaroKna; 

Vennnitt, SO Maine, 

Matuditneltr, 39 Maryland, 

PfciintylTania; 30- Indiana; 

New-Jeney, , .... I» Miebigan-;;; 

$iode Iriaod 7 Louitlana, i........ 

Virginia, 4 Kentodty, 

mzecDv Google 

No. 146.] M 

Ohio, 3 France, ; ^ 1 

Illinois, 1 Spain, , 1 

DistTJRt of Columbia 3 Italy, . . - 1 

South America, 1 

Ireland, • 41 

Corsica, . _ _ _ 

At sea, s 

Canada, 27 Unknown, 108 

England, 36 

Scotland, , 8 M9 

Germany, S 

"Where convicted, and the numi 

Albany, 17 

Allegany, 7 

Cayuga, 30 

Chautauqae, 13 

Chenango, 4 

Columbia, 6 

Cortland, 8 

Clinton, 17 

Broome, 1 

Putchess 8 

Erie 48 

Essex, 6 

Franklin, 16 

Genesee, 11 

Greene, 3 

Herkimer, 18 

Jefferson, 31 

Kings, 3 

Lewis, 1 

Livingston, 9 

Madison, 7 

Monroe 54 

Montgomery, 34 

New-York, 24 

ib^r convicted in each oounty« 

Niagura, 16 

Oneida, .■ 44 

Onondaga, 45 

Ontario,... 38 

Orange, 3 

Orleans, 5 

Oswego, 14 

Otsego; 19 

Qtieens, '. 1 

Rensselaer, 13 

Schenectady, 8 

Schoharie, , 1 

Seneca 7 

Saratoga, is 

St. Lawrence, 38 

Steuben, e 

Tioga 11 

Tompkins, 19 

Ulster, 3 

Warren 8 

Washington, . . : 3i 

Wayn u 


Occupation of convicts at the time and before cooviction, with 
the number at each branch of business or mechanical trade. 

Laborers, !i77 Apothecaries, 3 

Farmers, 66 Brass founders, 3 

Shoemakers, 48 Machinists, . 

Carpenters and joiners, ... 34 Penm 

Blacksmiths, 26 Teacher, 

Cabinetmakers, 15 

Masons ... 13 

Coopers, 12 

Bellows maker. 



Weavers, 10 Turner, 

Sailors, 10 Hame ma 

Clothiers and dyers, 7 Spooler, . 

Painters, 5 Hatter,.. 

[Assam. No. 186.1 ? 

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WaCttn^ *.... 9 Elane maker,.... 

lUkertt ^ Printer, 

Boatmen. ■ • ft Chimney sweep,. 

Bartiera, S Clock maker, 

Tailora, • 9 Ship carpenter,.. 

Butcher*, » Caulker, 

Badlen, 4 Briek maker,.... 

Tanoera, 4 Lock anith, ... . . 

ICerehanta, ^,... S Chair maker,.... 

Tiiunen, 9 Gno amith,.... .. 

Stone entten, 8 Bleacher, 

Millora, 9 Card maker, .... 

Whitetmitba, 3 Carriage maker, . 

Comb makera,.... ....... 3 Reed maker, ... . 

Gardnora, 3 Diatiller, 

Phyaiciana, 3 Engraver, 

Cookt. 8 Plater 

Chandlen, 3 Famalea, 

Pedlora, 3 

Clorka, 3 

.coy Google 

Shewing th<^^ Auburn Prison, on the Ist day 
of AuQ*^'^^^^^^'^ with the crimes of which 
they 1 












Of commoQ *r 
Of very poor ^ 
Without any, '" 

























Intemperate, ,'| 
Temperate di** 
Total abstine. ^ 

















10 747 

Under thf"'.' v;. •; 3™ 

tins f"^*i°v' ^ conviction, . . 33 

Had inSi° «'°^'"=''°'>' •"• .„, 

Uft iheL ~ .i?i 

sixt^ convicted 269 

Had atte: 855 

Hadbeei;.... 183 

H*^ poinhen convicted, 478 

"*^ "^^Vhe married, 1046 


.coy Google 

DigiliLO D/GOOgIC 

(F. ) ■ 
luned hy tk* ^ent tf the State Priso*, ^vitm, relaHve to dia- 

charged cvnvielM, 

^xTC P>fB<nr, Acnniir, i 
Septemker 9S, 1BS4. \ 
Deaw Bit, 

You are doubtlen awaro, that latterly conBiderable excitement 
has existed ia many parts of tlie State, relative to the employment 
of convicta in mechanical labor in the State PriaODB. Feeling 
deeply the impnrtance of the agbjcct, as connected with our peni- 
tentiary institutions, and anxious to iQarn, as fur a« possible, the 
«flect whicli that labor has upon the citizen mechanics' interests, 
as well as' the efieots of our prison system upon the discliarf^ed 
convicts, allow me to solicit yotir answers to the following inter- 
roga lories: 

Fb-tl : Are you acquninted with any persona who have been dis- 
charged from either of the State FrisoosI and if so, what ara 
their names, places of residence; and what has been their condud, 
habits and diaracter, since their disoharge, also before conviction, 
if known t 

Second : What branches of mechaaical, pr other ImsineK do they 
prosecuted and to what extent? 

Third : Are there any articles, manufactured in the prisons of 
this State, sold in your place t and if bo, what kinds, and to what 
amount per annum! 

fburth : Does the mechanical business of the prisons injuriously 
afibct the interests of the mechanics of your place 1 and if to, la 
it in the price, or the quantity brought into your market, or any 
other cause 1 

The information above sought, is not merely important to this 
State, but to the United States, as well as to European nations; 
inasmuch as it involves the permanency of a system of prison dis- 
cipline, which has been considered the best extant, and which, in 
truth, has constituted a new era in the punishment and reforma- 
tion of criminals in this country, and is bow receiving th« atteo* 
tioQ of the governments of Europe. 

I therefore trust the subject will be ronsidered of sufficient im- 
portaoce to claim your early and aertous attention.' 
I am, with great respect, 

Your obedient servant, 


J^tut and ^eper. 

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60 [Ai 

Swmnary of the informaliaii collected fivm the letters in answer to 
the circulars issued by tke >Sgent, during the last year^ relaHve to 
ditcharged convicts. 

Fin» Inqaity: 

Decidedly reiforined, 154 

Much improved, 45 

Somewhat improved, 3& 

Unrefonned, : 60 

Total coDvicts heard from 288 

' Second Inquiry: 

PuniHDg mechanicat business lince discharged, 119 

Farmers, laborers, lie., 11^ 

FursHiog DO bosinesff, 32 

Total convicts heard from S88 

' Under this inquiry it appears, that of the discharged convicts 
heard from there were, 

Mechanics before convictton,.... 91 

Mechanics white in prison...... 194 

Mechanics pursuing the same business before conviction, in 

in prison and since discharged, S9 

Mechanics who learned trades in prison, and pursuing the same 
sinoe disdiarged, . . . .' j 47 

Third Inquiry: 

First question — Affirmative, , 167 

Negative, ; 153 

Total answers received, 31S 

Second question — What kinds'? 
Barrels, trace chains,* combs, wooden ware, cabinet ware, bed- 
ticking, chairs, plated ware, saddle-trees, shoes, clothing, door han- 
dles and latches,* brushes,! halter chains,* hames, tools, clocks. 
Spades,* shi^vela,* scythes,* hoes,* sickles.* forks," hollow ware," 
naJIa,* cutlery, buttons,! cotton carpets,* log chains,* cisterns, 
door trimmings,* hats,* hinges,* Amount not ascertained. 

41 of the letters received mentiou and complain of artides not 
manufaetnred iiere, ot which 27 complain of chains. 
Foarth Inquiry: 

First question — Affirmative,...,. 18 

Negative, 283 

Not answered, 19 

Total answers received, 318 

* Narer mwu&ctDnd ben. t Not nnr nuaftcbiNd litt«. 

.coy Google 

Ho. 186.] 

(G. ) 

Skewing tke color, agea, places of conviction, crimeifor toAtcA ««- 
vicled, length of aentences, former occupation^ degree of intem- 
perance, of edvcation ; number left orphans, and number of 2d, 
Srf, 4tk and &lh convictiona of the present 817 convicts at the 
Mount-Pleaaant prison. 

Whites, 618 Americans, 214 

Blacks, SOI Foreigners, 20S 

617 817 

Between 16 and SI years of age, 218 

Under 16 years of ago, .• ..< 38 

Between 25 and 35 years of age, 412 

Between S& and 50 do 122 

Between 50 and 60 do 23 

Upwards of 60 years of age, 4 


Convicted in the following coonlies: 

New-York, 424 Oneida, 6 

Rockland,. 4 Schoharie, 10 

Suffolk, 10 Chenango, 3 

Greene, ,, 12 Monroe, 1 

St. Lawrence,. 4 Saratoga, 6 

ScheneAiady, 12 Richmond 2 

Rensselaer...... 63 Putnam,... 2 

Putchess, 24 Delaware 7. 

Albany, 93 Madison, 2 

Kings 23 Otsego,... I 

Franklin, 2 Washington 6 

Columbia, 27 Ulster, ' 14 

Orange, 22 Essex 2 

Clinton, 7 Broome 8 

Sullivan, 6 Montgomery 4 

Westchester, 10 Queens, 6 

743 74 

Total 817. 

Convicted of the following crimes: 

Burglary, 171 Grand larceny, 342 

Counterfeit money S8 Perjury, 8 

Highway robbery, 27 Petit larceny, 2d oSbnce, . . 69 

Violating the grave,. .... 1 Assault and battery to kill,. . 21 

Threatening to murder,,. 1 do do to rob,.. l 

Buggery, 2 do do to rape, 9 

Sacrilege, 1' Riot, 1 

Forgery, 42 Receiving stolen goods 13 

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Swindling, •••• 


Breaking jail, 

Conspiracy and fraud,. . . . 



•S [Aai 

fi Manslaughter, 9 

1 Poisoning,... 1 

6 Aiding in escape from jail, . . I 

1 Bigamy, 

ft Obtaining goods on falae pre- 


, 817 

Occupation before Mntence: 
1 Blacksmiths, 37 

Bookbinder, . 


Brush makers,. 

Butchers, *15 Barbers, 18 

Bakers, 14 Brickmakers, . 

Brass founders, ........... 3 

Boatmen, *2S 

I Brewers, ^S 

Coopers, . . 

Bellows maker,. 

Bar keepers, *3 

Blind maker,..., 

Basket makers, ■ . , . 

Carpenters, 47 Chair makers, , 

Cl'kihiurs, 14 Cabinet makers, 9 

Calico printers, S Coppersmiths, , 3 

Coach m.ikers, 3 Comb maker, 1 

Clock maker, 1 Cooks, H 

Cartmen, *6 Copper-plate printer, 1 

Chimney sweeps, • *S Clerks, *7 

Clothes scourer, 

Druggist, *1 Cane maktA-, 

DiililTer, 1 Dentist, 

Farmers,. . 
File cultcr, 
Hatters, . . . 
Iron founders, 

Collegian *l 

" ■ 1 

*&I Gardeners,... *4 

Engineer 1 

Glass blowers, . .' 4 

Glass cutter, 1 

Hostlers, *4 

Lawyers, *S 

Junk store keeper, ...... *1 Locksmiths, 3 

Laborers, *133 Music teacher, *1 

Machinists, 4 Millwrights, 4 

Merchants, *7 Masous, 19 

Porters, *3 Nail maker, I 

Pedlera, M Pin makers, a 

Printers, 10 Painters 18 

Plane maker, 1 Physicians, *& 

Plutnbers, 2 Sail maker, 1 

Shoemakers, 57 Sadlers 3 

Segar makers, S Silversmiths, S 

Silver plater, 1 Stone euttera, IS 

English soldiers, *S Seamen, *98 

Stage drivers, *5 Servant*,. H 

.coy Google 

No. 1*6.) <S 

Rnpe tnak«r, ;.-.... .1 Riggen, S 

Turner, - 1 Teachers, •a 

Tnnnen and curriers,.... 14 Type founder, 1 

Tailnrt, . , IS Tobacconists, 6 

Tallnw chandler, 1 Upholateren, 8 

Tuacan hat maker, I Weavers, 12 

Waiters, •Ai Wheelwrighu, 4 

Watch makers, 4 


511 511 

Those marked thus, * not counted as mechaoics, 413 

The residue counted as mechanics, 404 

Total,' 817 

In any degree intemperate, 40S 

Crime committed under the influcDce of liquor 8?T 

I^iving with their wires, 348 

Not Jiving with their wives, 70 

Not able to read, 156 

Very poor education, ■ • 259 

Common education, ....' • 378 

Liberal education, 19 


Orphans, and such as were left withoot gaardians under 10 

years of age, • 334 

Orphans under 16 years of age, 100 

Second convictions to State prison, 143 

Third do do S9 

Fourth do do 7 

Fifth do do 1 

O^riinon of Judge Spencer on ike manm/aehtre ef 8Uk in the 

Pobtic meetings in various parts of the Sute, indicato a grow- 
ing diseatigfaction on the part of the mechanics and others, with 
the manner of employing the convicts in the Stale Pfisons, which 
it represented as injuriously interfering with the mechanical pur- 
aaits of our fellow citizens. It is far from my intention to express 
any opinion upon a subject appropriately within the action of the 
Legislature; but it may be found just and expedient to yield to 
tba remooitninces of ti>c great body of the oiectannies, so far as 
eaeentiaily to change the present system of SUte Prison labor; 
and it may be found difficult to devise a mode of employing tbem 
profitably, free from the objections now made. 

In the event that the present tystem shall be materially modifi. 
ed, the augsestiona I have to make niay not be unworthy of at- 
tention; ana if I mntako not, they will obviate the evils to be ap- 
prehended from a change of the present systeso, and a compliaace 
with the request of those who now oompkio. I conceive it abeo- 

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64 [AsesHBLir 

lutely oeceitary, tt well to the healths as to the morals of the 
oonvictk, that thoy should be employed in some work which shall 
indemnify the Slate for their support. A slate of idleness and in- 
action would render them more hardened and depraved; and a 
permanently heavy charge upon the virtuous and industrious citi- 
zens, might beget such a disgust as to work a change in our ame- 
liorated code, and might re-introduce a code much more sanguina- 
ry. Without further comment, I will proceed to state a mode of 
employing the convicts, which appears to me free from all objec- 

I must promise, that it became my duty during the twenty-first 
Congress, as chairman of the committee of agriculture, to devote 
considerable attention to a proposition from a highly respectable 
source, on the culture and manufacture of silk. The result of my 
researches and reflections was, a thorough conviction that in all 
parts of the United States, silkof a very superior quality can be pro- 
duced in a short period of years, and in abundant quantities; and 
that there are no difficulties which may not be overcome at a com- 
paratively small expense. If the project in either of its brnnches, 
the manufacture or the culture of silb, or both, should be adopted 
by the Legislature, it would be entirely free from the objection, that 
it came in competition with any mechanical employment now 
carried on ; and should any of our citizens hereafter embark in the 
same pursuits, they will have been forewarned that the State has 
entered on this business with a view to give satisfaction and relief 
to existing complaints. The points principally to he considered 
are, whether the climate of this State is genial to the raising of 
the silk worm; whether the silk which may be produced will be 
of a good quality, end whether the reeling of the silk from the 
cocoon, and the manufacture, can be profitably conducted by tiie 
convicts under proper instruction. It is well known that the best 
and only proper food for the silk worm is the leaf of the mulber- 
ry. The white is much preferred to the purple, and affords better 
silk. Within a few years the Chinese muloerry has been intro- 
duced into this country, I am unable to speak of the relative superi- 
ority of the white and Chinese, but experience has tested the va- 
lue of the white mulberry. In 1829, Mr. Du|>nnceau, a most re- 
spectable, learned and patriotic citizen of Philadelphia, became 
acquainted with a Mr. De Homergue, a native of Nismes in France, 
who came to this cotmtry at the request of a society of gentle- 
men of Philadelphia, who proposed to enter on the culture of silk, 
with high recommendations of hia skill in the culture and manu- 
facture of silk, «nd especially in the art of reeling silk from co- 
coons. The result of this acquaintance was, the publication of 
essays on the subject generally, with the view of exciting puUic 
attention to what Mr. Doponceau considered a highly important 
national object. In these essays Mr. De Homergue asserts, thai 
afier making experiments oh the produce of the American silk 
worm, the results were truly suprizing, as they show a superiori- 
ty in the silk produced by the American worm over that of aoy 
other country that be had ever seen; and he says, '* tbey pmniK 

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No. IW.] «6 

«ti immmte source of ricfaet to the United Stftteo." '* The fint 
thing, he says, which struck him, was the extreme fineness of the 
silk which he extracted from the cocoons; they were of the white 
species, and of a dazzling l)»trc" Again he says, " the white co- 
coon appears to be numerous in this country, and iheir silk is tru- 
ly beautiful; but it is not in quality only, but also in the quantity 
of the material they produce, that surpassea those of other coun- 

In 1830, Mr. Duponcena sent specimens of the silk reeled by 
Mr- De Homergue from the American cocoon, to Lyons in Prance, 
to ^ assayed, and the opinion gvaa by Mr. De Homergue wai 
confirnied by the public assayir, who pronounced the silk to he of 
k superior quality. Mr. De Homergue maauJactured several ar- 
ticles from the silk reeled by him; two flags on which were paiut- 
ed the arms of the United States, one of which was suspended in 
the hall of the House of Representatives; and several smaller ar- 
ticles, which were of excellent quality. The cocoons referred to 
by Mr. De Homergue were produced near Philadelphia; and lest 
it might be supposed that the climate of Pennsylvania is more fa- 
rorable to the culture of the worm than thai of this State, it need 
only be mentioned, that the culture of silk has been successfully 
priMecuted in Windham county, in the State of Connecticut, which 
is very nearly in-the same latitude as Albany, for more than se- 
venty years: And although they have manufactured nothing but 
sending silk, and have bad a very imperfect method of reeling the 
silk from the cocoons, it has proved a profitable business. The 
manufacture there of sewiag silk amounted, as far back as 1810, 
to •37,373 in that year. Mr. De Homergue informed me that 
their mode of reeling was very defective, and that they sustained 
a ^eat loss in applying their silk to the manufacture of sewing 
atlk instead of fabrics; whereas the French and Italian sewin^^ Bil£ 
was made irom the refuse silk, and he much regretted their losa 
by this misapplication. 

That our soil and climate is favorable to the rearing of the mul- 
berry, 18 a fact too well established and notorious to require any 
observation. The wm-m has been successfully raised in various 
parts of this Slate, within my own knowledge, and I presume 
within the knowledge of several gentlemen of both Houses of ths 
Legislature; and I consider it as well ascertained that tba climate 
of this State is genial to the silk worm. 

The greatest hindrance hitherto to the culture of silk, has been ths 
difficulty in extracting it from the cocoon; the reels in use in 
France and other parts of the continenl where the worm is raised, 
are so imperfect that it has been considered an art of difficult ac- 
quisition to reel the silk in an even and perfect manner from the 
cocoons, so as to be suitable for labrics; and from the circum* 
stance that the worm is not reared to any considerable extent, if 
at ail, inEngiand, it would be necessary to procure instructors in 
the art of Sliature, from France or some part of the continent of 
Europe, unless indeed American iogeDuity has surmounted the dif- 
ficulty. It has been confidently anerted that Messrs. Gay and. 

[Asaem, No, 185.] 8 

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Moaely of Coonectieat, have iavMited a madiine for eztnctiog the 
mlk from the cocooni, greatly simplifying the proceu, by whicli 
the fibre of the thread is preserved from fretting by friction, *ai 
ia consequently less liable to break in the weaving; and I have 
seen within a few days, an accoont of the exhiUtioa of their 
reel, and its operation iiv a very satisfactory manner in the C^itol 
at Washington. If this reel should answer the purposes attributed 
to it, then one of the most serious and one of the greatest difficot 
ties in the culture of silk in this country, is already overcotnc. 

I have already said that the culture of silk docs not exist iii 
England, and the same remark applies to Mexico, and yet it u 
certain that the mere manufacture of silk in England is one of its 
greatest sources of wealth. If with a more genial climate we 
can produce the silk and mannfactnre it, may it not be safely af- 
firmed that it will bo to us also a greater source of riches xai 

Immediate measQiesoaghttobe undertaken, under the auspices of 
the State, to induce the planting of the mnlberry, either by judiciooi 
bounties, or exemption to a certain extent from taxation. I think 
it would be advisable for the State to purchase tracts of land ia 
the vicinity of the Stale Prisons, say two hundred acres for each, 
and immediately commence the cultivation of the mulberry in a 
way to ensure a supply of leaves in the shortest period possible, 
to the end that the worms may be raised by some of the conricts. 
If the public can rely on finding a market for their cocoons at the 
State Prisons, then a strong inducement will be held o«t to the 
rearing of the worm: And when it is considered that the procen 
is perfectly simplu, and that it requires only the labor of women 
and children, subtracting nothing from other agricultural labor, 
and that the gains are almost all clear profits, it ought out to be 
doubled, that iu a few yean there will be an abundant supply of 
cocoons, which from the great facilities of transportation, can 
readily -be conveyed to the Prisons. Inasmuch, liowever, as we 
cannot expect a supply of cocoons in sufficient quantity for the 
prisons, in a less time than five or six years, and it may be more, 
and as it is desirable that the new system shall go into operation 
as soon as may be, I perceive no objection to the adoption of mea- 
sures to procure at once a supply of unmanofaetured silk, with 
which to commence tlie instruction of a portion of the convicts ia 
the art of manufacturing. There can, I think, be no doubt, with 
such a widely extended commerce as we enjoy, unmanufactured 
silk can be procured on terms as favorable to us as to the English 
manufncturer. With regard to instructnrs, they can be obtained 
at all events from England, and it is believed that they are already 
In the country among the emigrauta from England. There should 
be a skilful superintendent, and two or three other good workmen 
engaged on the express condition to instruct the convicts in the 
various processes of dyeing and manufacture. 

When it is considered that the convicts are of all ages, and ihst 
they are ingenious, it scarcely admits of a doubt; that a conside- 
rable portion of them wonld be apt leamera, and, after tooio tioie, 

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No. 185.] ST 

bo capable of instructing others, aod thus, whilst we were prep'ar> 
ing to rear the worm and produce the cocoon, the art of manufac- 
taring could be, aitnincd. If, after all, we are to have recourse 
to the foreign reel, and should be obliged to obtain inatructors in 
the art of reeling, it would, I think, be advisable to begin with 
that also al once. Cocoons can be procured, with little trouble, 
in sufficient quantities to affi>rd instruction in the art of reeling, 
and one or more instructors can be procured. In a report ma^ 
to the House of Representatives in Congress, in 1830, it was stat- 
ed, tliat the importation into the United States of silk fabrics, is 
five years, from 1831 to I83.\ inclusive, amounted to •36,166,494; 
of which only |7,06B,O1 1 were exported ; and, by a document te> 
cently published, it appears that the importation of silks from 
France alone, in 1838, amounted to 90,356,000; so that our im- 
portation of silk goods from various countries, ean not be less than 
about 910,000,000 annually; exceeding considerably the value of 
our bread stufls exported. 

These facia would seem to call for a united effort, to avail our> 
selves of the advantases within our power, in opening a new 
source of industry, holding out the assurance of sucti rich rewards 
ip the agriculturists, and the mechanical ingenuity of this country. 

If the convicts in our Slate Prisons arc able, by their labor, at 
the low prices for which they have been let out, to maintain them- 
selves, and even produce a surplus, can it be reasonably doubled, 
that after a short time, they will be able, in the culture and mann- 
iacture of silk, to increase the prolts of the prisonT 

I had omitted, in its proper place, to state, that the county 
poor-houses would be very proper places to rear the silk worm. 
They have generally farms attached to them; in these should im- 
mediately be planted mulberry trees. The inmates of these houses 
are generally incapable of severe labor, but are very well adapted 
to gathering the leaves and tending the worms. This employment 
would be a lucrative business, and the poor-houses alone, in a few 
years, would afford cocoons to employ a considerable number of 
the convicts. The duty of organizing and bringing into operation 
the plan proposed, may properly be confided to one or more of 
the Stale officers, with the aid of the officers and inspectors of 
the prisoDS. I can not speak of the expense of the necessary ma- 
chinery, and the compensation to the instructors, but it may be 
safety asserted, that tnese are insignificant when compared with 
the high advantages and the rich rewards, which may safely be 
anticipated ; besides the satisfaction of quieting the apprehunsions 
and complaints of our deserving fellow-citizens. 

If the State of New-York shall be the first SUto in the Union 
to introduce, on a large scale, the culture of silk, and its mano* 
facture also, she will have another claim on the admiration of her 
co-States; and, if any suggestions of mine shall aid in this great 
and splendid enterprize, it will afford me high satisfaction. 


January 38, ISS6. 
N<rra_ Tfa* svUmm SBl saadBtftoM MCWBpvqriif lUi npwl wIU b* piaM fa k 

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,0, Google 


No. 136. 


February 9, 1835. 


Of the select committee on the petition of Hiram 
Pratt, treasurer of Erie comity. 

Mr. Plumb, from the select committee to which was referred the 
petitioD of Hiram Pratt, treasurer of the county of Erie, 


That it appears to your committee, the sum loaned from the 
State, in pursuance of the act passed April 8th, 1884, for the pur- 
pose of extinguishing the debts due for building a new jail, and 
for the purpose of erecliog a lire proof clerk's office in said coun- 
ty, was inadequate to the payment of all the said debts, and the 
erection of such a building for a clerk's office as the safety of the 
public records seemed to require: and that a part of said debts for 
building said new jail remain unpaid, and no clerk's office has yet 
been built in said county; but all the records and papers belong- 
ing to said office are now kept in one of the rooms of the court- 
house, which is not a fire proof building. 

It also appears, that by a certificate of the board of supervisors 
of the said county, the petitioner was directed to apply to the 
Legislature for an act authorizing a loan to the said county of 
Erie, to the amount of two thousand five hundred dollars, with 
authority, also, to the board of supervisors of said county, to raise 
the said sum of money, with interest, by tax, to be levied and 
raised in said county in the years 1838 and 1837; and that the 
said sum of money to be borrowed ai aforesaid, should be applied 

[Assem. No. 136.] 1 

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to* the extingaiihment of debts due from iiid coonty on accoant 
of building the new jail, ud for erecting a. fire proof cler^i office 
for Mid eouaty. 

Tbe Doticeft of the application having beea daly paUiahed, f our 
committott aik leave to bring in a bill accordingly. 

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No. 137, 


Pebrui7 10, 1835. 


Of the committee on grieTances, on the petiti(m of 
Nathan Bumpus and others. 

Mr. Adams, from the committee on grievances, to which was 
referred the petition of Nathan Bumpus and others, asking for a 
compensation for claims upon lots of land Nos. S8 and 64 in the 
Freemason's patent, in the town of Ijtcbfield, in the county of 


The claim' set up by the petitioners, is substantially stated in the 
report of the select committee of the last House of Assembly, on 
the petition of Anthony Rhodes and others. See Assembly Doea- 
ments of 1684, No. 803. 

The petitioners ask for the passage of a law authorizing the 
Commissioners of the Land-Office, or any three of them, to ioves- 
tigate and determine the claims of the petitioners and others, for 
payments made by them to the State upon a certain mortgage up- 
on the aforestud lots; and to provide for the payment of sach stuns 
as the said Commissionen may determine to be due, if any. 

Your committee, in examining the claim, find that it has been 
long the subject of agitation: in the Assembly Journal of 18M, 
page Sll, be. it will be seen that the State officers investigated it; 
at page 560, it will be seen that Mr. Honell, from the committee 
on claims, made a report favoring it Mr. Hubbard, from the 
cMomittee on claims, upon the petition of Nathan Underwood, 

[Assem. No. 1ST.] 1 

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nude a favorable report, (See Senate Doc of tSM, No. MS,) and 
brooght ia a bill for hia relief, which paued and became a law.— 
See Seasioo LawB of 18S0, page S93. 

Your conmittee feel not called upon to give any opinion for or 
against this claim, other than to lay, that, frcmi the favbraUe >!• 
tenUon which it haa heretofore received, the desire of the peti- 
tioners that it should be 6nall7 disposed of bv the decinoa <rf' the 
officers above mentioned, is not onreasonaUej they have, tboe- 
fore, directed their ebainnan to ask leave to introduce a bill for 

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February 3, 1835. 


or Uie Bank Co-nirJssionera, in ansver to a resolution 
of the Assem'jly of the 10th of Jantiary and 5th of 
May, 1834. 


The Bank Commissioncn in answer to a rccolutina nf tlto As* 
acmbly of the lOth of January lavt, wliich was motlilicd l>y « sub- 
sequent resolution of ihu Mh of May, requiring a statement of 
dwidexda and HrpMite* iu ikc several banks subject to iheir \-i8iia' 
tiou vhidi have remained unclnimed since llie first nf Januarr, 
1880,«xcept where tho ilepositors or proprietors of dividends were 
known to be living and not insolvent, 

Resfectpullt Report: 

That Ihe annexed list contains the information reqfiired, so far 
to comply substantially with Ihe terms of tho rQsnluiinns. ]i 
is impracticable in many instances to ascertain the dates of dt>j<o- 
siies as well as ihc amount of stock npnn which the dividends were 
madei without very great labor and inconvenience. Tie m-eouins 
are brought forward from one Icgur to nnother, in moxi cum's, , 
without giving the dates of the original transaction, and in order 
to ascertain particulars every book prior to 18S0 must \n ex*, 

The old legen are very numerous in some of the banks, and 
the labor of eumiDing tbom all would bo immease, btoauw sevo- 
[Assem. No. IM.] I 

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nH-if Mt an the bmfct in Hw wriea mmtbe 
MninatioD repeated in each caac sepamtcly. 

Thcni ore in the city fawik* very many small bataooes of ae- 
counto tcnuHtiing, which have been brought forward from time to 
time, but which, from their fnagnitude, can be of little or no io* 
torut to any one, and wo have not dtonght it requisite therefore 
ti trouble either iho Lagialatarc or ounulvcft with a long liit of 
balances, which, if ever claimed, would be scareeiy worth the ei- 
pcnic of printing. All balances <^ %2i and over ore inehidtd in 
the list. 

SMpMtfnUy aufaautiad. 


4a«y, M, Sf inn 

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tf certain DepoaitcB ami Dividends which have rt- 
mained Hnclaimed of the several Banks^ since the 
^rst of January, 1839 — such Deposites and Divi- 
dends having been made prior to that date. 

Ontario Bank. 
benjamin EUicolt, . 

May, 1838,. 

Utica BroMck Bank. 

[>. Candc, jr 

Benton W. Hazard, 

July, 18S1, .... 
March, 182?, .. 

Bank afAubnm. 
William Britlin, 

1831 to 18S8,. 

JVcioftifrvA Bank, 

John Utile, 

Jane Walker, 

John Dill, 

Mareh 17, 1814, 

May SlOc. 1829, 

.. .Sundry dales,.. 

Oravfie Counfy Bank. 

Horace Adam Sopt. 24. 1827.. 

Cliarloi Brown, March 10, 1827, 

Levi Q, Fowler, May 10, I82C, . 

D.Brown, jJan. 18, 1823, . 

10 03 
10 00 


Bank of America. 

John AshficM 

Snrah E. Austin 

Jainct Andursnn, jr., .■ 
Sarali H. Armslrong,.. 

Fanny Brown 

Josoph Burr, 

George Colt, .' 

Sundry datci,. 


715 00 
10 03 
6 74 
10 00 

10 U 
72 7» 

75 00 
12 50 
2 50 
50 00 
14 00 
75 00 

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Lift of nnclaiined Depoiitet, &c. — Continaetl. 




49 00 

30 0» 

45 00 

Elicabeiti Eldrnlge, 

&7 00 

ISft M 

40 00 

6& 00 

Abrahnm S. Hallct, .'... 

15 00 


Walter Jonet, 

15 50 

:8 50 

37 50 

Mary Mageo, 

3 50 


JodediiUt Macv, 


6 00 

30 00 

SO 00 

Marshall Paulcl 

00 00 

150 00 

S 00 



7 50 

John Tnvlor Tar J. Ellidls est 


310 00 

Phcbo T'lirbrlt 

.■V 00 



Robert Badw & Ce'i. estate,. 

141 U 

. 'Dijiiiieo, Google 

o. IS*.} » 

List of unclaimed Deposites, &c. — Continued. 






ohn Bradlcv, 

333 00 
100 CO 
100 00 
300 00 
104 28 
9-i 17 

40 3.! 
2(1 80 
31 40 
SI 05 
27 80 

113 51 
81 20 
35 35 

41 31 
50 00 

46 15 
50 00 
50 00 

100 00 
46 05 

100 00 

nhii Brr.wn 

iiim'l. P. Clapliflm, ;.. 

oiwph Frntikli. 

tu-h.ird F,.rct<t ' 

i. Baihnway. jr. t Co 

OVv Bank, M Y. 

\,l. Bvrd 

\.. H. Lnwronce & Co., 


May, 1820, 


7 50 

Nov. 1820,'.... 

i. D. Sedgwick, 

18 75' 

$. D. Fleming, ia trust, 

Not. 1821,.... 

30 00 

37 50 

.Villiam Keese, 

May, 1832,.... 

12 60 

Nov. 1828&1823 

10 00 


^ydia Edwards, 

May, 1824 

4 W 

Dijiiiieo, Google 

List of anclaimed Deposites, &c. — Continued. 

Peter Carmant, 

Samuel Trumbull 

Jnhn B. Scolt 

David Plant 

A. C. MoWhortcr, 

Gcorec Humphreys, 

Pl>ili|) Entliurv, ;.. 

Boiij. El*<tc-n.' 

J. 0, AnHeisfin, 

Joseph Btirr, 

Abraham O. Stansbury, . 

Union Bank. .... 

J. (■. : Mnv, I81S, 

P. Mead Nov. 1811 |.... 

M. Foot !l8I3 and 1813,. i... 

Sundry dates, . 
May, 1835,..., 

do .... 




Sundry dates, . 

1838 and 1839, 
iNov. 18M 

J. P. F. Bnunlcll, 

J. Ciirpcntcr, 

M. Seaman, •... 

U. Seaman, '. 

J. BilCOR 

M. Clurkson, 

A. Mcrecr 

C. Tyson, 

Polly Alsop, 

J. Davenport, 

E. Kane, 

W. & S. Ilabinson, . 

W. Tmey, 

J. G. Warren, 

R. L.Hunt 

U. Seaman 

Thomas Whyltcr, .. 
James Carpenter,... 
Peter Brown, 

■John Davenport, jr., 
John P. Warren, ... 

J. Brooks, 

Philip Grim, 

J. Marshall 

S. Marshall 

D. 8iS. Marshalt, .. 
John Ellis's estate, . . 

May. 1813, 


do •■ . 

Nov. 1818, . 


May. 1814,... 





do :.. 
1810 and 1817, 
Nov. 1810,... 

May, 1817,... 


May & Oc. 1817 
May, 1817,... 

Nov. 1817 

1617 and 1818, 
Nov. 1817, ... 


May, 1818,. 

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No. IS©. J 7 / 

List of unclaimed Deposites, &.c. — Continued. 

G. Metlon, 

Smith Al La,wson,.... 

L. Brooks, 

Coit Si Fowler, , 

Thomas Bartran, ..., 
Eliza Bucknor, ...... 

Elisha Coit,. 

A. McCollum , 

Asa Mann, , 

John Currie'i estate, . 

E. Wakcman, , 

Corn's. Tyscn , 

W.Berrien , 

R. Seaman, 

E. V. Ludlow, 

C. C. Van Aien, 

Sally Peirce,.-. 


' Thomas Bartriun,.... 

J. F. Smith, 

N. Boiaawbin, 

J. P. Dunn 

Thomas Cair, 

James P. Cook, , 

A. Hubbard, 

W. Williams, , 

Waltftr Booth , 

W. Whiilock, jr...... 

J. Burr, 

G. Joseph,' 

Joseph Sandford, .,., 

W. Cooper, 

N. Mcrritt, 


N. Richards, 

Mary Jadtson, , 

Lewis Piatard, 

TVaitsmtn'a Bank. 
Daniel J. Brooks, ..4,.. 
Josiah Briegs, ......... 

David T. CSoper 

Catharine Cozme, 

May, 181 S,.. 

iVov. 1818, .. 

May, 1820,... 



Sundrv dates, . 
May, 'l830,... 
Not. 1820. ... 
May, 1821,... 
Nov. 182], ... 
May, 1822,... 
May, 1828,... 
Nov. 1823, ... 


May, 1824,... 

do . . . . 
May, 1825,... 

1826 and 1629, 

Nov. 1828, ... 



May, 182T,... 

1828 and 1839, 
Nov. 1828,.... 

Mav, 1830,... 



Nov. 1829,... 


31 25 
3 75 

5 00 
3 75 

10 50 
9 00 
I 50 

29 50 

6 00 
62 .50 

12 50 

7 50 
57 50 
25 00 

7 50 
6 25 

17 50 

13 75 

8 75 

72 50 
526 00 

55 00 

73 75 
le 25 
25 00 

5 00 
16 20 
33 75 
340 20 
16 30 
48 60 
139 60 
270 00 
10 60 
40 50 
13 SO 
13 50 

147 50 
40 00 
38 4a 
66 09 

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List of unclaimed Deposites, &c. — Continued. 





42 OO 
107 86 
50 00 
54 59 
338 OO 

29 Id 
47 18 

30 87 

Richftrd Weill, 

Jan. 1830 

9 OS 

W Bayard 

350 40 
51 36 
25 70 

801 58 

J. \V. Barlon 

W.P. Beora, 

J Blackwell 

75 12 

P. Barker 

212 41 

E Kuts 

102 38 



SO 00 
35 DO 

4: 42 

00 B5 
111 36 
103 SO 
55 01 
62 S2 
85 77 
33 82 
M 27 
36 30 
48 50 
313 00 
03 06 
35 63 
20 03 
117 29 
132 54 
163 00 
136 85 

James Keeler a Co 

T. & J. McCouD, 

W. D, Maltbie&Co., 

P. &,M. MesinJtCo. 

William Ogden 

Nalh'l McVickeo. 

Jamca R. Smith, 

C. P. VanNesa. 

W. P.V«,Nm».. 

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List of unclaimed Deposites, &c. — Continued, 





15 'ifi 
83 00 
20 00 
115 00 
33 2S 
47 00 
26 09 
67 78 

Vianc & Butter, 

fohn J. Robinion, 

lebecca Rockwell, 


67 66 

Jenjamin Pell & Son, 

dT. ;;;::.:: 


15 00 


22 60 

do V 


26 00 

tVillet Seaman 

do ; 

06 00 

rohn BIftckwell . . 




24 00 

2 00 

1806 and IBOO^. 

106 35 

Tames Walker ... 

50 00 

Canton Blonde) 

661 60 

tobert McCullen, 

1807 .'... 

M 75 

^nne White 


27 00 


lis 60 

ran Wyck Wecki 


67 50 

tobert L. LiringitoD. 



4 50 

SO 50 

amcs Gibson, 

27 00 

;. ftE. NieboHu, 

- !■ SO 

No. 1S».] 

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list of unclaimed Depositcs, &c.— "^I^n^nucd. 





33 ?& 

CO 75 

Archibald Dunl;tp ,. 


3G 00 

:::: ■.:;■. :::;:. 

11 35 

SO 25 


Jntiii S Uf'Ulct 


108 75 

45 00 

112 50 

G. It. Van Wnitgencr 

Hkliard MfiCurdy 

F H Pcndluton, 

18 00 

2 25 

Utuhard Wiiriamsoti 


131 la 


24 00 

Pliilip Jncol) 

3n 50 

Mosea Judnh' 


6 35 

222 00 

Thomas Wright 



34 00 



30 00 

IB 50 

David G. Hubbard, 


3 00 

52 SO 

Mnry E.Wood, 

330 00 Hone 

Nortli &Fank, 


SI 00 

37 50 

A>tor<>rJt State Baiik. 
Jacob G.Laniia^ •• 


ST 00 

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PVo. ISO.] II 

Li8t of unclaimed Dcposites, &.C. — Continuecl. 





tjimcs Spalding, 

5crr"nS. Vccdcr 


3 07 

Z :::::::: 

\f icim-jl Baj-Icy 


1 80 

fionrv Harbeck 


r.ihn Barnard, 



50 00 


40 00 

80 04 

13 as 

5 UO 

30 00 
100 00 
100 00 

30 00 
35 00 

31 17 
75 17 
80 00 

145 00 
33 34 
SS 05 
50 00 

Zcbulun M. Pike, 

Itank of ^anmf. 
Patrick llcid. :. 

;;tiarlca Slic|>herd, 

/VtfsigDcct ftf Joha Liuh, 


\. S. SlKjrinan, 

Bank ft/- Utka. 

3 03 

do .... 


7 50 


do .... 

1 50 

ricnry CInrfc. jr., 

saac Miller, 



It 35 

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Iiiit of onoUimed Deparite% tte. — CoBttDsed. 





I) liR Van Home, 

1884, ,'... 

5 03 

ThomuR. GoU, 


33 50 



Elijah Rinoey, 


14 00 



S 40 

Lucretia Miller, 

1888, .* 

1 M 

Meekmie^ Ba»k,M T. 

28 80 

54 10 
37 0& 
43 M 
30 33 
37 00 
41 47 
40 00 

55 88 
43 88 

D. Doyley 

A. Fiih A.Co., 

Jamei H Smithman 

B. H. Smithen,. 

J.& A.Sutfin 

p. V.rel^fr.,.!V...;:. '.;■.■.'. 

Geo. H.Buck, 

3 93 

Eleazer Hunt, 

3 93 


11 ei 

98 35 

44 8S 

J. WalMD Morgan, 

36 98 

N. if. Cily Dispen>ary, 

e 13 

Mary E. Wood, 



47 2S 

Ellia P. Cooto ...'.... 


15 41 

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(o. IM.] U 

list of uaelaimej Depoute^ &c — Continued. 





1 57 

9 45 

'. Q. Johnston, 

7 87 

11 03 

25 98 

3 98 


^harles J. Smith, 

3 15 

Farmer^ Bank, Troy. 

June 1| 1823, .. 

14 00 

do 1B26, .. 

14 40 

Dec. I, 1825, •• 

22 40 

Mechanic' S{ fanwr*' Sank. 

52 58 

100 00 

Jt 4S 

4 00 

100 00 

lOU 00 

80 87 

IS 37 

6 OS 

22 28 

3 00 

198 85 

?. D.BeekmM, 

\'athitniel Pry 

"J. Lenvennrorth, 

i Shepherd, 

iVilIianM& Co. 

Daniel Steele, 

5 00 

Stephen Lush, 

10 00 

louhetla ETortsoD, 

5 00 

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List of unclumed Depositca, &c. — Continued. 





9 05 

4 92 

14 30 
17 74 

1 87 

W. aiS. Smith 

15 00 


30 00 

21 00 

5 50 

8 50 

Pkmix Bank. 
Wtn Pike 

42 71 

ai5 44 
531 49 

G7 14 

30 00 
201 61 
304 33 
300 00 

70 33 
130 34 

93 08 
2)10 65 
164 00 
800 00 

S3 33 
1U6 07 

Mary Bassetl's estate, 

Joseph Blnckweli, 

Samuel Brodhurst, 

B. Fisher, 

45 00 

ArchiUm Campbell 

33 50 

33 50 

John Ellison, 

337 50 

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Ko. IW.] M 

List of unclaimed Depotites, ke. — Continued. 





113 fiO 

G. B. Iktcsiso 

Samuel Brndhursl, 

23 50 
22 50 

225 00 

Hcltv FaBaet 

Hftnnah Eddv, 

22 50 

D M CLirkson 

112 50 

67 50 

Nnthanicl Greciiu, 

DO 00 

22 50 
22 50 

J L Gnrdiner, 

800 SO 

Vfm Winihrop, 

C E Walton 

75 20 

112 80 

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No. 141. 


February 11^ 1835. 


Of the committee on claimB» on the petition of Pnsley 
Laing for relief. 

Mr. M. H. Sibley, from Ihe committee on clajmi, to vhich was 
referred the pclitioo of Paslcy Laing, 


Thnt tlic potiiioner claima compeniation for an injury to hit 
house and Im, occasioned by the construction of the Saratoga dam 
across the Hudson river by the State. 

A similar petition was presented to the House of Assembly at 
the List session of the Legiilature, and rcforred to the committee 
on claims, which made a report thereon, recommending that iho 
prayer of the petitioner be granted. The facts in the caac are 
collected in that report, (which will be found in Doc. No. 137 of 
thnt session,) and therefore not necessary to bo here repeated. A 
bill was introduced by the chairman of that committee, which pas- 
sed the House, for the relief of the petitioner. A majority of 
your committee concur in the views expressed in that report.— - 
And a letter now on file, not before the committee of 1834, ad- 
dressed by one of the Canal Coromissionera to the chairman of tlie 
committee on claims of the Senate, indicates hia favorable opinion 
cf the petitioners application; it has, moreover, received the de- 
liberate sanction of the laat House of Assembly, in the passage of 
tlic bill before mentioned. 

Under these circumstances, your cnnmittee have inatmcted 
their chairman to ask leave to bring in a bill for the relief of Pas- 
ky Laing. 

[Amm. No. 141.} 1 

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No. 142. 


February 10, 1835. 


Of the committee on claims upon the petition of Zc- 
bulon Douglass. 

Mr. M. H. Sibloy, Trom the commitlcc on claims, to which was 
rcrerred (ho petition of 2ebulon Douglosi for compeniatioD for 
extra labor done oo the Eric canal, 


The petit4oncr claim* compensation for oxtra labor done on sec* 
tjons 13 and 17 of the middle section of iho Erie canal; and, in 
support of this claim, alleges, in subslanco, as follows: That in 
1817 he contracted with the Canal Commissioners to moke a part 
of the. said section 17; in the performance of which contract it 
was found necessary to mako various oltorations from its terms, 
whereby he was subjected to groat expense, not anticipated at the 
time of milking the contract, or contemplated by its provisions; 
that ihcso alteration* were directed by Judge Wright, the acting 
engineer upon the canal, and consisted principally of the follow- 
ing particulars, viz.: In removing cartli, taken from the canal, 
which was nnlit for the coiiitruction of the towing path, some dis- 
tance, and making the path of suitable earth, brought some dis- 
tance; and' in making drains which became indispensablo to carry 
off the waier that would otherwise have obstructed the work, and 
in overcoming much hard excavation, not estimated in the con* 
tract: Under thi* last head, the petitioner specifies, that in that 
part of the work, denomiaaled common excavation, in the cob* 

[Ancm. No. 143.} I 

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S. AmnmuLT 

-tract, nt lemt 1,569 faris pmred to be inittraled ehuy, the remo- 
val of whii-h reciuireii much extra labor; and not less thaa 60& 
jrnrds of slate rock, also entirely unforeseen at tbc lime of making 
the CMitract. In that part of the work denominated rock excava- 
tlnn, for wliich the petitioner was allowed by the contract, fifty 
cents a yard, not less than S24 yards proved to bo of a different 
and more expensive kind of that species of eicavation titan was 
intended to be embraced in that tcrn> by tho contnust, and requir- 
ing, at least, double the expense in removing that was allowed by 
the contract. 

In relation to section 13, the petitioner alleges that he was, 
with one Jeremiah Landon, a contractor for the construction of 
it; that he entered upon the execution of tbo work, and encoun- 
tered unforeseen and formidable olistaclcs, in large stumps, logs, 
old timber, acd roots, which lay embedded in tlie earth, below the 
timber gnawing upon the surface, which could not have been an- 
ticipated when the contract was made, and were only disclosed 
by the progress ,ol the work, and that these impcdiinents occasion- 
ed heavy expense to the petitioner; that after he had overcome 
these extraordinary obstacles, and was obout to enter upon the 
easier und more profitable parts of his undurtaking, he was depri- 
ved, by the Canal Commissioners, of this job, on the ground *' that 
bis increased labors on section 17, from thcextrarordinary causes 
before referred to, demanded his undivided effirls, to ensure its 
completion in due season, and which could not be reasonably aati- 
cipotcd if he continued the prosecution of both jobs;" that the pe- 
titioner was anxious to retain both jobs, particularly as be had 
overcome the obstacles on section 13; and ofiiired, to the Com- 
missioners, good security that he would complete them by the time 
required. ' That, when section 13 was so taken from him, he was 
allowed and paid only so much on the work ho had done npcn it 
would have amounted to, if it had been such as the contract con- 
templated, in proportion to the sum to be paid for the whole job; 
■o that the sums paid to him and his successors, only covered tbc 
original contract price. 

The elainu of tbo petitioner an itated m fi>Uow: 

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No. !«>.]. S 

For dreiiM mads toieetion 17, tlOO 00 

For iho removal of unpuitable, and procuring luitable 

earth for the towing path, 68 75 

For extra labor in the removal of hard clay on that part 

denominalod commcm excavation 00 "^ 

For extra labor in removing the slate rock in that part 

denominated common excavation 06 00 

For extra U^r on that part denominated rock excava- 
tion, 363 00 

For extra labor upon KCtioo 13, 300 00 

♦757 47 

It further appears to yonr committee, that afler the completion 
of section 17. which was executed by the petitioner with great ft* 
delity, and in a manner uncommonly perfect; an accouat of his 
xvork, estimated according to the contract, was mado by Judge 
Wrighl, who certified that it was performed in the best manner, 
and that the amount so estimated was paid to htm by Myron Hol- 
Icy, esq., then acting Canal Commissioner, and a receipt given by 
the petitioner, in full, of the amount so certified. That at the 
time of executing such receipt; the petitioner claimed an allow- 
ance for the aforesaid extra labor; the consideration of which was 
deferred by the Commissioners unlil a future time. 

But, it further appears, that the claims of the petitioner have 
been presented to the Canal Bonrd for adjustment; an allowance 
of 8100 made to him by that Board, and paid by one of the Conal 
Commissioners. Although it does not appear for what part of 
such extra work the said allowance was made, or whether intend* 
cd to cr.ver the whole claim, or only particular items of it. The 
only information furnished to the committee on this subject, is the 
allegation of the petitioner, made under oath, that he is ignorant of 
the gionnda of such allowance, but supposes it to have been for 
the construction of drains to section 13, because it corresponds in 
amount with the sum agreed to be allowed to him therefor. For 
the constniettoo of these drains the petitioner does not now make 
any claim. 

The petitioner also states, that he had not an opportunity of be- 
ing heard before the Canal Board, when his said claim was under 
consideration, and that he has since made repeated and strong ef- 

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forts to obtain a hearing opoD his ctaimt before that Board, with- 
out SUCCOH. 

Upon the proofs prenoled to the committee, now on file and to 
which the Houae it referred, they have come to the conclusion, 
that the petitioner has rendered important services to the State, 
for which lie has not received adequate compensation. Bat, be- 
eautc it appears that his claims have been presented to the Canal 
Board,- the tribunal create dby taw, for the adjodicstion ^ such 
ncatiers, and it does not i^tpear that p\\ the aforesaid items of 
claim were not considered and passed upon by that Board, (ex- 
cept so far as the disparity between (he amount allowed and that 
which appears to the coiAmittee to have been due, lead to the in- 
ference that they could not have been,) your committee do not 
feel justified in presenting a bill for the relief asked for by the pe- 
titioner, althoijgh be strongly sclicitcd us so to do by him, in the 
belief on his part, that the Logiilaturo would appreciate the jus* ■ 
tice of his claim, and render him the compensation duo to his &ith- 
ful labors. 

In view of precedents within which this case seems to come, 
your committee have instructed their chairman to ask leave to in- 
troduce the following resolution: 

Metcloed, That the petition of Zebulon Douglass for compensa- 
tion for extra labor on the Erie canal be denied. 

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No. 149. 


February 11, 1835. 


Of the select committee on the petition of Isuc B. 

Mr. Livingtton, from the select coimnittee to which was refer* 
red the pelilion of Iwmc B. Bucklin and oiben, asking for the paa> 
sage or a law to incorporate the Weit Troy caoutchaouc manufao* 
taring company with a capital not to exceed f300,000, 


That the petitioner! allege that their object! are to manuractur* 
" rubber coaling," and " rubber covering," to be used for covering 
the mofi of buildings of every description, and for coating and co- 
vering nil other exposed surfncct of buildings. And to manufiic- 
ture India rubber cloth, and all other articles in which caouldiaotie 
or India rubber is an ingredient 

Your committee have ascertained that the petitionen arc men 
of great ingenuity and respectability; and as your committee be- 
lieve the objects nf the petitioners to be laudable, and can be most 
effectually promoted by the proposed incorporation, they there* 
fore recommend that the prayer of the petitioa be graoted. Tfaey 
have prepared a bill, in accordance with tlie prayer of the peti- 
UoOf which they now mA. leave to introdoee. 

Alt which is respectfully submitted. 

£AiMD. No. 149.] 1 

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No. 151. 


February II, 1835. 


Of the Comptroller»on the petition of J<An Hill^ Jen- 
ny Hill and Anthony Otsequette. 

Comptrolleb's Offmb, ( 
Albany fVfr. 11, 1885. ) 


The Comptroller, to whom vu referred, by the AsfemUy, tbs 
petition of John Hill, Jeony Hill uid Anthony Otiequette, rttpeot^ 
fully lubmiti the following 

The two first named of the petitioners arc entitled to receive, 
annually, from the State treasury, during their lives, forty-eifht 
dollars; and the last named of the petitioners was originally entH* 
tied to receive forty-two dollars. The prayer of the petition i^ 
that a law may be passed authorizing a payment to the petitioners 
of a sum equal to the principal on which these annuities arc found- 
ed, in lieu of all annuities hereafter. The petitioners set forth that 
they reside at Green Bay, are in great need, and that there is 
often delay, and sometimes difEculty in the payment of their an- 

In the year 1791 , an act was passed for the benefit of Peter Ot- 
sequette, as follows, viz: 

'* Beit ertactedy fyc. That the Commissioners of the Land-Office 
shall, as soon as conveniently may be, cause to be laid oat and 

[Assem. No. 151.] 1 

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farrejred lor Peter Olnqactte, of the Wolf tribe of the Oneida 
nation, a tract of one thouaoinl acres- sf land, &i such a place in 
Iho county of Herkimer,, aa tliey may find moBt suitable for the 
purpose, adjoining to or near the lands called the Oneida Rescrva' 
tioR, and shall caase letters patent to be issued for such tract, 
granting the same to the Secretary, the Treasurer and tite Attor- 
ncy-Genentl of this State, for the time being, and their succetsora 
In. office forever; in trust to permit and suffer the said Peter Olse* 
quette, during his natural life, and the issue of his body, dnring 
their respective natural lives, as long as there shall be any such 
issue remaining, to occupy, improve and enjoy for his and their 
own use and benefit, so much of the said tract as the aaid trustees 
may from lime to time thinh necessary for that purpose; and in 
trust from lime to time to let out and lease to such person or per- 
sons, and lipon snch terms and conditions, and for such time, not ex- 
ceeding twenty-one years or three lives, as the said trustees may 
think proper, all such parts of the said tract of land as may at any 
time be unoccupiod or unrmproFved by the said Peter Otsequctte, 
or hia issue, and to pay the rents thereof lo the said Peter Otse- 
quette during his life; and, after bis denih, to pay the same to the 
issue of the body of the said Peter Otsequette, during their respec- 
tive natural lives, cqaally to be divided among them, and for and 
upon no other use or trust whatsoever." 

The, land was leased by the trustees, according to the provi- 
sions of this section; and the rents were paid lo Peter Otsequette, 
or bis family. 

The tract of land reserved for the benefit of Peter Otsequette, 
was divided into twenly-ono lots; and, in 1813, the trustees form- 
ed three classes by grouping the lots; and fixed the annual reoU 
at eight pence per acre upon one class of lots, ten pence upon 
another, and twelve pence upon the other; with a condition in 
the lease, requiring certain improvements to be made upon the 
land. The rents reserved in the leases of 161S, on the whole 
tract, amounted to the sum of $\01.19. 

In the year 1620, an act was passed (chap. 40 of that year,) bo- 
thorieing a release to be executed by Anthony Otsequette, to the 
people of the Stato, for one half of the thousand acres which had 
been reserved to Peter Otsequette, and on the 29th February 1880, 
this release was executed by the Secretary of State, Treasurer 

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No. 151.} . S 

and Attorney General, the truateea appointed by the act of ll'fll. 
In consideration of this release, the State paid SOO dollars at ths 
time. Since the execution of iho release, an annnity of $42 has 
been paid, annually, to Anthony Otsequette, until 1838. 

10,1821, an act was passed (nhap. 118, of that year,) authorising 
ft release to be executed by the trustees before referred to, on be> 
half of John Hill and Jenny Hill, the children of the daughter of 
Peter Otsequette. This release was executed on the 19th of March, 
18S1; and since that time, a» annuity of 946 has been paid to these 
two persons. The sum of VtOO was also paid from the treasury, 
in consideration of this release. 

In ISM, an act was passed (chap. SSI of that year,) BOtborisiog 
the Commissioners of the Land-Office to sell and convey, in fee 
simple, the Otsequette lands to the occupants thereof, on such terms 
as the Commissioners should judge equitable and just. Under this 
law, the Commissioners passed a resolution to sell th& said lands 
to the occupants for such sum as would, at fi per cent, produce an 
amount equal to the rent reserved in the leases of 1813. And in 
January, 1S30, the several lots were granted to the occupants, or 
such as complied with the terms, one-fourlh of the. principal being 
paid into the treasury, and bonds being executed for the residue. 

The first payments into the treasury, at the rate of computation 
established by the Commissioners, amounted to the 

sum of.....'. 9439 08 

Amount of bonds given for the residue of the pay- 
ments, 1,317 30 

•1,7M 38 
And two lots, of acres each, remain unsold. 

In 1833, an act was passed, (chap. 822, of that year,) authorizing 
the payment of 9800 to Anthony Otsequette. In the summer of 
1833, one third of this appropriation was paid to the Indian «gent, 
on a power of attorney from Otsequette. Assuming that the prin- 
cipal of his annuity had been, theretofore, 9700, the snm paid was 
deducted from this sum, and in 1884, the sum of 93S, or the interest 
of WOO, at 6 per cent, was paid as the annuity to Otsequette. In 
May, 1834, the sum of 9200 was paid to Eli Savage, on a power 
of attorney from Anthony Otsequette, under the law of 1833. This 
reduces the principal in the treasery to $400; and the annuity to 
which Anthony Otsequette is entitled, to 934. 

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- It ia represeated by Daniel Bread, a Chief of the First Christiu 
party, that Oiiequette has had his house burot, and ia in vant of 
the moaey petitioned for, to rebuild it: and that John Hill and Jeo- 
ay Hill wish to . build a house and bam, and make improvementf 
apon their lands, which they will not be able to accomplish unlets 
they can obtain the principal money now in the treasury, and which 
belongs to them. The Comptroller, as represented in the petition, 
has confMlence in Daniel Broad, and believes, if the money wu 
eoofided to him, it would be faithfntly applied according to the 
wishes of the petitimiers. 

If the Legislature should deem it expedient to grant the prayer 
of the petitioners, provision should be made in the law for the pa7- 
ment of WOO to John Hill and Jenny Hill, md 9400 to Aflthao7 


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February 12, 1835. 


Of the Commissioners of the Land-Office, on the peti- 
tion of Charles McLain. 

The CommiisioRers of the Land-Office, on the reference front 
the Afscmbly of the potitioo of Cbartca M'Lud, respectfully tab* 
tntt the foUowiDg 


The petitioner repreMnli, that he did, on the SOth day of De- 
cember, 1833, "article at the Laad-Office of the State of New- 
York, for lot No. 10, in the 3d tract of Stale land, ia the town of 
Windsor, containing one hundred and three acres and four-tenths, 
and became obligated to pay for said lot of land at tl .7S per acre, 
in six annual payments; and that he has paid in principal, interest 
and cost, 816S.88; that from pecuniary embarrassment, he is una* 
biy to make the further payments, and prays to be exonerated from 
them; as he has paid, in the estimation of good judges, the fair 
value of the land." If this proposition should not meet the favor 
«f the Legislature, the petitioner suggests that he moy have return* 
ed to him from the treasury, " a part, or ell that lie has hereto- 
fore paid on said lot of land," and be allowed to '* return the ar- 
ticle for lite same to the Land-OlEce." 

Attached to the petition, are the signatures of a great number of 
persons, who concur in the statements and prayer of the petitioner. 
Four persons also certify, that they have lately sold land in Wind- 
sor, as good as the land of the petitiooer, for iizty-one cents per 

[Aswm. No. IBS.] 1 

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t [Ai 

acre; and one person sftrtei that ho owns a part of a Tot in Ran- 
dolph township, within a mile and a half of the lot mentioned in 
file petition, for which he would take, "^caih down, fifty eenU per 

It appears by the books in the ComprolleKs office, that the pe- 
titioner purchased. lot No. 18, third tract in Windsor, in 1822, and 
gave his bond for $157. At that time, the law reqwired one-eighth 
of the pnrchasc money to be paid in advance, being about tS3, and 
making a total sum of W80 for the lot. It is now a littie more 
than twelve ycarssincethepetitioncrpurchased the lot in question; 

and, during that time, ho has paid of principal, •42 9* 

And of interest, « *>* 

•109 00 
Add first payment, ^ W 

And it gives a total of 9 133 00 

Having thus stated the facts of the case, it might be sufficient 
for the Commissioners to submit it with the single remark, that 
they can see no reason why the State, in its transactions with io* 
dividuaU, should make it a practice of exacting a less rigid compli- 
ance with ihoir engagements than would bo required by one iadi- 
vidnal from another; and that unless this principle is adhered to, 
applications to the Legislature lor relief may be expected whenever 
U is found advantageous or convenient for an individual to rid him- 
self of his obligations to the public. 

The petitioner, however, states that he has paid •162.28, and 
consequently he must have paid costs to the amount of #30.38. 
Whether he has paid this, or any other sum for costs, the Commis- 
sioners are usable to say; but if he had been punctual in the psy- 
ment of interest annually, or even once in two years, all costs 
would have been avoided. The principal is not exacted where the 
interest is kept up, although the terms of the bond require it to be 
paid in six annual instalments. In twelve years, the petitioner hu 
paid on the principal, ton dollars less than the amount of two io- 

There are, however, numcrou!. precedents in favor of graotiD; 
relief from' a hard bargain with the State; and, although the pe- 
titioner has not set them forth in bis memorial, the CommissioMH 

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No. iOSt.] « 

of the Land-OfGce will, for the purpose of givtog his application 
all the bei]u6t which can be derived from them, cite a few of the 
cases where the Legislat Aa hare reduced Iho prices of lands which 
bad been sold, or have allowed the purchasers to surrender their 
" articles," and have their bonds canoelled. 

In 1834, the purchasers of lands in the villages of East and 
West Oswego, obtained a law, (chap. 363 of that year,) authorizing 
a re-estimate of the lots purchased, excluding the imjirovement* 
made by the purchasers, aod a settlement of the accounts accord- 
ing to the re-estimate. 

The same privileges were extended to the purchasers of village 
lots in Lewiston, Niagara county, by the same act 

In 1S33, an act was passed, (chap. SS, of that year,) for the re- 
lief of the purchasers of village lots in Oneida Castlcton, which al- 
lowed them to be discharged from their bids, and take the lots at 
the appraised value in 1617. 

In 1831, an act was passed, (chap. 88,) for the further relief of 
the Oueida Castleton purchasers, requiring the Commissioners of 
the Land-Office to cause a re-appraisement of the lots to be made, 
and directing the Comptroller to credit the purchasers with the 
difference between the appraisal of 1817, and the appraisal to be 
made under the act of 1834. _^ 

The extent of the relief given to the purchasers of lots at Oneida 
Castleton, is shewn by the following table, in which are given, in 
corresponding columns, the appraised value of several of these lots 
in 1817, the sums bid by the purchasers, and the appraised value 
of the lots in 1884, viz: 

1817. 1817. 1884. 

Lots tlSO tSlS 950 

" 7 150 841 * 60 

" 8 150 876 85 

Block 13. 7, .: ISO 368 40 

" 8, 180 371 40 

'*. 18,3, 100 345 SO 

Total tSlO •1.900 9375 

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The tint act relieved the purchasers of the six lots refcTred to, 
to the amount of oonrljr 91,000, sod the^cond act, to an amount 
of more than 8500 : The whole deduction on the six lots being 

Tho petitioner, Charles M'Laio, according to this precedent, 
might claim to have a patent of his land, and about 960 refondcd 
to him : Although on the treasury hooka, he is indebted to the 
State in the sum of 9134.64. 

Having given the condition of the petitioner'a accounts with the 
State, and ihc precedents which have a bearing upon his case, the 
Commissioners respectfully submit the question of granting relief 
to the wisdom of the Legislature. They deem it, however, not 
improper to say, that the statements of interested individuals, un- 
supported by legal evidence, do not furnish very safe groundi for 
surrendering any portion of the debts or other property bcloDgiog 
to the State. 

Respectfully submitted. 

A. C. FLAGG, ComptroUtr. 
JOHNA. DIX, Secretary of State. 
GREENE C. BRON&ON, ^ti'y Gen'l 
AStany, February 11, 1835. 

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February IS, l^Sd3. 


Of the Gommittee on grieTftnces upon the petition of 
James Mitchell for relief. 

Mr. Adams, from the committee on grievances, to irhi<A vaa 
referred the petition of Jamca Mitchell, aakins for relief oa account 
of the loM of his eye sight, occasioned by being blown up while 
engaged in blasting rode at Lockport, as a laborer on the 'Erie 


The petitioner represents that on the twenteth day of July, 1838, 
wbilst engaged in blasting as a common laborer, tn the village of 
Lockport, on the Eric canal, he was by an unexpected eKplosiOn 
of the powder, blown op about ten feet high, by nrteans of which 
he entirely lost his eye sight; that be it poor and incapable of 
maintaining himself, and is therefore compelled to rely upon the 
benevolence of the community for his maintenance. 

To the peiition is appended a certificate of sundry iiihabitaoii, 
certifying that they are acquainted with the facts stated in the pe- 
tition, and that they join in the prayer of the petitioner. 

If the facts staled and certified to be true, they prove but one of 
the many casualties incident to human liie, and furnish evidences 
which excite strong feelings of commisseration for the suffiirer; 
bat your committee feel not at liberty to permit those lejlings to 
iafloeace their action in the discharge of their official duties ; if the 

[Assem. No. 158.] 1 

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wmfuilu ae iMa reiMfered it necmur that tba petitiooer iboald re- 
■ort to the puUie bounty for ■uteneiiee, your conuutlee are of 
the opioioD that proTiiion ia made by existing iawi for relief in 
each casei, and that to beatow the public bounty upon iadiTidnab 
in individual caaea, it not contemplated by the eiiating regoIatioBi, 
wonld work more favorabTy to some than to others, and is naai- 
festly inexpedient 

Your committee have tharofon dkected their cbainnaa to oSer 
the following resolution: 

Reaelred, That the prayer of the petitioner ba deBied, and that 
bt have leave to withdrawn his petition. 

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No. U4. 


February 13, 1835. 


Of the e<Hnmittee on claims upon the petition of John 
B. Herrishoff and others. 

Mr. M> U. Sibley, from the committee on cliinu, to whom ww 
referred the petiUoo of John B. Herrishoff, agent of John Brown, 
FnuKif end Sereh Herrishoff, 


Thtt the &ett and •tatemeata contained in the petition, are oor- 
rectly embodied in the Comptroller's report to this Honae, made oa 
the 37 January last, whidi will be found in Docuntent No. BO, and 
to which your committee pray leave to refer. No other erideDce 
of the extent and cause of the grievance complained of has been 
presented to your committee, than what is stated in that docu- 
ment, and from that your committee is satisfied that the petition- 
ers have no just, cause of complaint, and that the case does not oall 
for any legislative action. 

They have tiierefore, instmeted their diairman to ask Um to 
intreduce the following resolution: 

Resolved, That the petition of John B. Herrishol^ as agent of 
John Brown, Francis and Sarah Herrishofl^ be denied. 

[Aasem. No. IM.] 1 

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or FhUo IatHsi -all Inspector of Beef and Pork in 

and for the city and couhtjr of Nbir-t^- 

YORK. . • 

Ab aeeoant <tf proTisioDt intpected by ^iSo LewH in the eity 
mnd eoonty <^ Kew-Ynl, from-lat mooth Itt, 18S4, to 1st month 
lit, 18SS, u follows: 

1 ,929 bu-rels clear porkt 
0,S88 bamb meti porfc, 
1,103 bbli. thin side porfc, 
11,419 bbU. piimB poric, 
46 bbU. cargo pork, 
ST bbls. soft mess pork, 
71 bbls. toft prime pork, 
1 bbl. meaily mess pork, 
8 bbls. measly prime pork. 
Ml bbls. refuse pork, 
1S8 half bbls. mess pork, 
78 half bbls. thin tide poi^ 
3B1 half bbls. prine pork, 
706 bbls. mess beef| 
8,883 bbls. prinM beel^ 
113 Wis. cargo beef, 
78 bbls. refuse beef. 

[Assem. No. IftK.) 

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S1,3M buidapoiL 
*U kalf UmUpoA, 
4,ST8 burek beef. 

Avtnf* nln of poik in bbU. rappowil to amount to 4941,978 SO 

" ia half bwrals,'" •-•••• l,ffTI 90 

" baefinbamla, n,7T4 OO 

Faea, ka. for iaapactiag »,4M tMM. and 410 halt 
barnK aoHuit to t,8«.70 


1 am, with dua raapeet, 

Mm-Ttrt, Utwm.»H, ISW. 

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January 37, 1836. 


Of Ricliaid McCarty* Inspector of Flour in ukd lor . 
the city of Nev.Tork snd Kings county. 


Report of floor and meol ioipectcd in tlw city of Now- York, 
and in King! county, from Ist January, 1884, to Slat Fobraaryi 
18S4, by Richard McCarty, Inipector. 

Viz., in tha city of New- York, 

IS,8S6 barrel! eoperfine flour, average value per bbL, 

... M 76 

330 half bbli. " 

... > 08 

MM bbli. floe floor, 

... 6 37J 

l.OM bbiL bad flour. 

... 4 00 

89 bblL fine middlinga. 

... 6 00 

SSO bbli. midlingi. 

... 4 60 

ai4 ihip ituSk, 

... 4 80 

360 rye flaat^ 

... 3 76 

871 bhda. Indian meal, 


... 17 00 

1,678 bbia " " . 

... 8 76 


38,718 banele wheat Boui, 

330 half bbia " 

S60 barrel! rye flour. 

871 hhdi. Indian neal, 

1,678 bbb. 

[AaMm. No. 168.] 1 

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Fmi for impeeting 38,8a» bbfa. end t twrreb. «t 1 cent, •888 » 
•* 091 hhdLst 4cMto, . M H 

•415 S» 

¥ud C. P. Ttppw. SX. kriikailiol^ I. J. HEeks, mni J. B. 

Oakly, dspatyintptfcton....... t^SO W 

Paid Cur Uboiei*^... 3S0 00 

Paid for rent to J. RusmI, Wcftervelt & Bogerti, and S. 

WilliU, , M 88 

Paid Martialt Booth for braDd«,«8,CoK for coal, M .88, IS 8S 

•»a 64 

Total vtim, «f flour ml meat inspfcted m NeTf-Yotk from Isi 
Janoarj. 1^34, to 2Iit February, ]SS4, $235,893.00 

Inspected in Kiogi county front lit Jan. to Slat Feb. I8M, by 
Thome Carpenter, deputy to R. McCarty, 584 barrels tupcT^ne 
floor; feet 3 afs.j>erk)M-rt], wbicb be r«o«vedfor iupaotiag Ae 



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